1-01 RFQ 16-02-25 Legal Services - Condemnation Eminent Domain.pdf

REQUEST FOR QUALIFICATIONS

Statements of qualifications will be received for:

RFQ #16-01-26

LEGAL SERVICES

CONDEMNATION & EMINENT DOMAIN

Issued: September 17, 2025

Statements of qualifications will be accepted any time through September 30, 2030.

City of Temple Purchasing Department 3210 E Avenue H, Building C

Temple, TX 77501 Phone: 254-298-5655

Email: purchasing@templetx.gov

E-Bidding Portal: https://templetx.bonfirehub.com https://templetx.bonfirehub.com/

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REQUEST FOR QUALIFICATIONS

CONTENTS

Page

RFQ Timeline

Section 1 – Scope of Work

Section 2 – Submittal Requirements

Section 3 – Administrative Requirements

Section 4 – Required Forms Form 4.1. Respondent Information Form Form 4.2. Conflict of Interest Questionnaire

RFQ TIMELINE

Date Event

September 17, 2025 Release of RFQ

Statements of qualifications will be accepted any time through September 30, 2030 during the Pre-Qualification Period.

Submit qualifications:

1. Within the Euna Procurement (formerly

Bonfire) online bidding portal at:

https://templetx.bonfirehub.com

OR

2. Sealed paper copies to:

3210 E Avenue H, Building C Temple, Texas 76501

October 1, 2025 – September 30, 2030 Pre-Qualification Period

The City will make every effort to adhere to the schedule above. However, the City reserves the right, at its sole discretion, to adjust the RFQ Timeline as deemed necessary.

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SECTION 1 – SCOPE OF WORK

1.1. GENERAL

a. The City of Temple, Texas (“City”) is seeking Statements of Qualifications (“SOQ”) from qualified attorneys or law firms (“Firm”) to provide legal services related to condemnation and eminent domain (“Services”) on an as-needed basis.

b. The City desires to pre-qualify legal service providers for a five-year period, from

October 1, 2025, through September 30, 2030. All Firms that demonstrate, in their SOQ and interview (if applicable), the ability to provide services that meet the City's legal needs will be placed on a list of pre-qualified Firms. When legal services are needed, the City will select a Firm from this list. However, the City reserves the right to issue a project-specific RFQ if the complexity, size, or scope of a project warrants such action.

c. The City does not guarantee a pre-qualified Firm will be engaged for any project.

d. The City may conduct interviews with Firms submitting statements of qualifications before 1) a Firm is placed on the City’s pre-qualified list or 2) selected from the pre-qualified list prior to contracting for a project.

e. When selecting a legal professional for a specific project, staff will select a Firm from the pre-qualified list based on demonstrated competence and qualifications to perform the project-specific services at a fair and reasonable price. The project-specific selection criteria may include, but is not limited to, project-specific experience and qualifications, any past relationship with the City, reputation with other entities, skilled staffing availability, and ability to be responsive to the needs of a project.

f. Firms should not contact the City Attorney’s Office for qualification interviews. All requests for information related to this RFQ or the City's pre-qualified legal Firms list should be communicated in writing to the Purchasing Department through the Euna Procurement ebidding portal or email to purchasing@templetx.gov.

1.2. SCOPE OF SERVICES

The selected Firm may be required to provide legal services, including, but not limited to:

a. Legal counsel and representation related to condemnation and eminent domain proceedings;

b. Evaluation and review of property titles and legal interests;

c. Preparation and filing of legal pleadings, condemnation petitions, and related documents;

mailto:purchasing@templetx.gov

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d. Representation in the discovery process, including but not limited to preparing and responding to discovery requests and attending or conducting depositions, as needed;

e. Representation in court, special commissioners’ hearings, administrative hearings, mediations, and settlement negotiations;

f. Advising City staff on compliance with relevant local, state, and federal laws, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA);

g. Coordination with appraisers, engineers, acquisition consultants, and City departments; and

h. Participation in public meetings or City Council briefings, as needed.

1.3. QUALIFICATIONS

Firms must meet the following minimum qualifications:

a. Attorneys must be licensed and in good standing to practice law in the State of Texas;

b. Have a minimum of five (5) years of relevant experience providing legal services to cities or other public sector clients, preferably with direct experience in condemnation and eminent domain;

c. Knowledge of Texas and federal condemnation laws, procedures, and guidelines; and

d. Ability to respond in a timely and professional manner and handle multiple assignments concurrently.

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SECTION 2 – SUBMITTAL REQUIREMENTS

2.1. INFORMATION REQUESTED FROM FIRMS

Each qualifications statement must contain all required items and shall be submitted in the same order as listed below. The qualifications statement shall provide enough detail to permit the City to conduct a meaningful evaluation of the qualifications of the proposed attorney(s) or Firm. However, qualifications statements should be prepared simply and economically, providing a straightforward, concise response to the information requested below. Incomplete qualifications statements may be rejected.

Any material that the Firm wishes to be considered confidential shall be clearly marked as such; if such materials are requested pursuant to the Texas Public Information Act, Chapter 552, Texas Government Code, the City will notify the Firm of such request to allow the Firm the opportunity to write to the Texas Attorney General requesting that such information be excepted from disclosure.

2.2. STATEMENT OF QUALIFICATIONS

a. State whether the Firm is an individual attorney or law firm. (If Firm is an individual, mark subsections that clearly do not apply with “N/A.”) Give a brief organizational overview of the Firm. Include information regarding the Firm’s history.

b. State whether the Firm is local, regional, national, or international. Give the location of the office(s) that will provide services to the City.

c. Describe the Firm's experience, capabilities, and specializations. Briefly describe the services provided by your Firm.

d. Provide the names of other cities or public sector entities for which your Firm has provided condemnation and eminent domain legal services, including a contact name, phone number, and email address for each. Include a brief description of the scope of services provided to each public sector entity represented.

e. Provide the name and title of each attorney who may perform legal services for the City. Include the attorney’s qualifications and experience relative to the services required in this RFQ.

f. Submit Form 5.1. Respondent Information Form.

g. Submit Form 5.2. Conflict of Interest Questionnaire, if applicable.

Submit only if required per Section 4 – Administrative Requirements, Paragraph 3.6.

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2.3. ELIGIBILITY

a. Qualifications statements shall be deemed responsive if they comply with all material and administrative aspects of this RFQ.

b. A responsible Firm is a qualified and established Firm with the demonstrated ability to provide the services listed herein, to adequately manage projects for the City, taking into consideration all existing business commitments, and deliver timely competent legal representation throughout all stages of an eminent domain or condemnation matter.

c. Respondent must have a satisfactory record of past performance, as determined by the City, with the necessary personnel, management, and technical capacity and capability to perform the services.

d. The City intends to pre-qualify Firms that best meet the needs of the City and that provide the best overall value. The City reserves the right to contact Firms’ references regarding the Firm’s experience and its provision of legal representation.

2.4. CRITERIA AND PRE-QUALIFICATION

a. Statements of qualifications will be reviewed for adequate experience and qualifications.

b. The following information will be taken into consideration:

1. Qualifications as identified in the Request for Qualifications;

2. Whether responses included complete and clear responses;

3. Level of experience, including expertise in municipal law, generally, and

Eminent Domain, specifically;

4. Available attorneys and support staff;

5. Firm’s workload and ability to be responsive to the City’s needs and timelines;

6. Whether the Firm’s professional reputation and exhibited experience displays a history of providing high-quality competent legal services while working cooperatively, demonstrating sound judgment, integrity, and reliability.

c. The City reserves the right to reject any or all qualifications statements as it shall deem to be in the best interests of the City.

d. The City reserves the right to pre-qualify one or more Firms, which in its opinion, is qualified to assist the City in accomplishing its objectives, with due consideration given to demonstrated competence, knowledge, and qualifications to perform the services set forth in this RFQ. The decision to pre-qualify multiple Firms, or no Firms, rests solely with the City. The City further reserves the right to negotiate separately in any manner necessary to serve the best interests of the City. The City reserves the right to negotiate a contract with any selected Firm or multiple Firms.

e. The City shall not be liable to any Firm for costs associated with responding to this RFQ, for the Firm’s participation in any oral interview, or any costs associated with negotiations.

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SECTION 3 – ADMINISTRATIVE REQUIREMENTS

3.

3.1. ELECTRONIC SUBMISSION

a. It is preferred that statements of qualification responses are submitted electronically through the City’s Euna Procurement (formerly Bonfire) e-procurement portal at https://templetx.bonfirehub.com. The City will use Euna Procurement for communicating all RFQ documents, receive any questions or inquiries, issue any associated addenda, and post notices.

b. Firms can contact Euna Procurement at support.bonfire@eunasolutions.com for technical questions related to the Euna Procurement portal or visit Euna Procurement’s support help forum at https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub.

c. Submissions shall be prepared in the file formats listed under ‘Requested Information’ for this opportunity in Euna Procurement.

d. Submissions may be amended by the Firm directly in Euna Procurement, but only before the submission deadline.

e. Minimum system requirements include Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. Javascript and browser cookies must be enabled. Euna Procurement has built-in lockbox technology that will date stamp submittals and will keep all submissions locked until the opening date and time. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

3.2. PAPER SUBMISSION

a. Alternatively, Firms may submit hardcopy statements of qualification responses to:

3210 E Avenue H, Building C Temple, Texas 76501

b. If a submission is delivered via hardcopy, the envelope or package containing the completed submission should be marked legibly on the outside with the submitter’s name and address along with the RFQ project number and title.

c. The Firm shall sign and date the submission where provided within the RFQ. The person signing the submission shall have the authority to bind the Firm in a contract.

Submissions which are not signed and dated in this manner may be rejected.

d. All paper submissions received in the Purchasing Department will be date and time stamped when received and will be considered to be the official time of receipt.

mailto:support.bonfire@eunasolutions.com https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub

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3.3. UPDATING AND REVISING SUBMISSION

a. At times, a Firm that has been pre-qualified may require revisions to a submission.

Common updates may include Firm name changes, mergers, changes in staff, changes in experience, etc. The City will accept updated submissions.

b. Submissions may be amended by the Firm directly in Euna Procurement or by delivering a new paper submission in accordance with Sections 3.1. or 3.2. above.

3.4. REQUESTS FOR ADDITIONAL INFORMATION

a. Requests for additional information shall be in writing and submitted through the Euna

Procurement portal using the ‘Vendor Discussions’ or ‘Ask a Question’ features.

Alternatively, requests can be emailed to purchasing@templetx.gov.

b. Any interpretations, corrections or changes to this RFQ will be made by addendum.

All written/published addenda shall become part of this RFQ and shall be acknowledged by the Firm in its qualifications statement. All other communications are unofficial and non-binding. Addenda will be released in the Euna Procurement portal in the ‘Files’ section. It is the sole responsibility of the Firm to verify issuance of addenda and to ensure receipt thereof.

3.5. TAXES

The City is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.

3.6. CONFLICT OF INTEREST

a. Texas Local Government Code, Section 176.006, requires a vendor of the City to file a completed Conflict of Interest Questionnaire (CIQ) form if the vendor has a business relationship with the City and:

1. has an employment or other business relationship with a City local government officer or a family member of the City local government officer that results in that person receiving taxable income, other than investment income, that is more than $2,500 in the preceding twelve months;

2. has given a City local government officer or an officer’s family member, one or more gifts totaling more than $100 in the preceding twelve months, excluding a political contribution as defined by Title 15 of the Election Code or food accepted as a guest; or

3. has a family relationship with a City local government officer.

b. A vendor is required to file a CIQ form with the City Secretary’s office not later than the seventh (7th) business day after the later of the following:

1. the date the vendor begins discussions or negotiations to enter into a contract with the City or submits an application or response to a solicitation; or

2. the date the vendor becomes aware of any business relationship as outlined in the preceding paragraph.

c. “Local Government Officer” means:

1. a member of the governing body (i.e. mayor or council member);

2. a director, superintendent, administrator, or other person designated as an executive officer of the City; or mailto:purchasing@templetx.gov.

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3. an agent of the City who exercise discretion in the planning, recommending, selecting, or contracting of a vendor.

d. State law requires that a vendor file an updated CIQ form with the City Secretary’s office not later than the 7th business day after the date on which the vendor becomes aware of an event that would make a statement in the questionnaire incomplete or inaccurate.

e. The CIQ form is attached to this RFQ and can be downloaded from the City‘s website www.templetx.gov under the Departments tab then Purchasing/Bids/Conflict of Interest Form. Compliance with this law is the responsibility of each Firm.

3.7. DISCLOSURE OF INTERESTED PARTIES

The City is required to comply with Texas Government Code 2252.908 Disclosure of Interested Parties for contracts that:

a. require an action or vote by the City Council before the resulting contract can be signed;

b. have a value of at least $1 million; or

c. require registration as a lobbyist under Texas Government Code Chapter 305.

If the resulting contract, if any, meets one of the criteria above, a Certificate of Interested Parties (Form 1295) will be required before the contract is executed. See the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/1295/.

3.8. APPROPRIATED FUNDS

The procurement of services arising from this solicitation is contingent upon the availability of appropriated funds. The City shall have the right to cancel a resulting contract, or any part of the contract, at the end of each fiscal year during the term of the contract if funds are not allocated to continue the contract, or any part of the contract, for the next fiscal year. If funds are withdrawn, or do not become available, the City reserves the right to cancel the contract by giving the Firm a thirty (30) day written notice of its intention to cancel without penalty. Upon cancellation of the contract, the City shall not be responsible for any payment of any service that was performed, or product received, after the effective date of termination. The City’s fiscal year begins on October 1 and ends on September 30.

3.9. INDEMNITY

The City is legally prohibited from indemnifying any other party in any agreement awarded under this RFQ. The resulting contract, if any, shall contain no provision requiring the City to indemnify the Firm or any third party.

3.10. COMPLIANCE WITH ANTITRUST LAWS

By submitting a qualifications statement, the Firm’s Signatory affirms under penalty of perjury of the laws of the State of Texas (Texas Government Code §2155.005) that:

a. Signatory is duly authorized to execute a contract resulting from this solicitation on their own behalf or on behalf of the company, corporation, firm, partnership or individual respondent;

http://www.templetx.gov/ http://www.ethics.state.tx.us/filinginfo/1295/

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b. In connection with this qualifications statement, neither Signatory nor any representatives of the company have violated any provision of the Texas Antitrust laws codified in Texas Business and Commerce Code Chapter 15;

c. In connection with this qualifications statement, neither Signatory nor any representative of the company have violated any federal antitrust law; and

d. Neither Signatory nor any representatives of the company have directly or indirectly communicated any of the contents of this qualifications statement to a competitor of the company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the company.

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SECTION 4 – REQUIRED FORMS

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FORM 4.1. - RESPONDENT INFORMATION FORM

1. Company Information

Company Name: ________________________________________________________

Business Address: ______________________________________________________

Remit-to Address, if different: ______________________________________________

Tax Identification Number: _________________________________________________

Contact Person: ________________________________________________________

Phone: _______________________________________________________________

Email: ________________________________________________________________

2. Authorized Personnel

State your Firms’ personnel authorized to give representations regarding your qualifications statement or resulting contract, if any:

Name Phone Number Email Address

3. Authorization

Authorized Signature: ____________________________________________________

Print Name: ____________________________________________________________

Title: ___________________________________ Date: _______________________

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FORM 4.2. - CONFLICT OF INTEREST QUESTIONNAIRE

See Section 3.6. Conflict of Interest, for information regarding when it is necessary to complete and submit this form.

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024

Name of signatory

Revised 8/14/2024Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.