1-RFQ Delinquent Tax Collection Services.pdf

REQUEST FOR QUALIFICATIONS

FOR

Delinquent Tax Collection Services

RFQ-MD-2526-01

DEADLINE: Due by 2:00 pm on May 7, 2026

GENERAL INFORMATION

Pursuant to Subchapter E, Chapter 2269 of the Texas Gov’t Code, The Wimberley Independent School District (hereinafter known as “Owner”, “Owners”, “District” or “WISD”) is seeking qualifications from qualified firms to provide Delinquent Tax Collection Attorney Services. The successful firm will collaborate with WISD Board of Trustees, Superintendent, and other district staff members to provide such services.

Quality Assurance:

• All services and deliverables must meet or exceed the required levels of performance specified in this solicitation.

• It is important that the vendor at the minimum adheres to the requirements specified in this Agreement and performs all duties as stated. Failure to do so may result in the cancellation of the contract.

• WISD shall periodically communicate with the awarded vendor via telephone, email, and on-site visits to address questions, concerns or progress.

• The District will report/discuss performance issues with the vendor and seek to achieve resolution.

• Upon written notice from WISD of unsatisfactory performance or conduct and unsatisfactory resolution may result in delayed payment or cancellation of the agreement

• Vendor shall correct performance issues within forty-eight (48) business hours of notification by WISD.

• If requested by the WISD, the vendor shall provide a written report detailing the performance issue(s) and resolution.

Although we are legally required to accept paper proposals, we strongly request that Responders submit responses electronically. Please feel free to contact Wimberley ISD Business Office at 512-847-2414 ext. 2013 if you require any assistance with this submittal. When filing this proposal electronically, please do not send us a paper copy, as the electronic version will prevail. NO emailed or Faxed proposals will be accepted. Your cooperation is appreciated.

Please be advised, no late or incomplete proposals will be accepted. Specific questions pertaining to this RFQ must be directed in writing to the point of contact listed below in section 1.2. It is encouraged that responses are submitted within the District’s Procurement Portal (https://wimberleyisd.bonfirehub.com/portal/?tab=openOpportunities)

Point of Contact/Restrictions on Communication:

The District designates the following person as its representative and Point-of-Contact for this RFQ:

Mr. Mike Doyle Chief Financial Officer, WISD

Wimberley ISD Administration Building Business Office

951 FM 2325

Wimberley, TX 78676 Phone: 512-847-2414 ext. 2013

Email: michael.doyle@wimberleyisd.net

Respondents shall direct all questions regarding this RFQ, in writing, solely to the District’s Representative specified above. No phone inquiries will be entertained. Respondents will have until the Questions Deadline, indicated within the timeline below, to submit written questions, including questions regarding terms and conditions of for clarifications of the RFQ, to the District’s Representative. All questions submitted and received prior to the deadline will be reviewed, consolidated where possible, and answered in a written addendum. No verbal responses will be provided. Receipt of all addenda, if any shall be acknowledged in each Respondent’s proposal, and shall constitute a part of the final agreement. All addenda issued in connection with this RFQ will be posted to the District’s Procurement Portal (https://wimberleyisd.bonfirehub.com/portal/?tab=openOpportunities). It is the duty of each Respondent to obtain any and all addenda and the District’s website should be checked prior regularly and in any event prior to submission to assure that all Addenda have been addressed in Respondent’s proposal.

Respondents are prohibited from contacting members of the Wimberley ISD Board of Trustees or WISD employees other than the District’s representative identified above. Contact with any prohibited individuals after issuance of the RFQ and before selection is made may result in disqualification of your proposal.

Background And Overview:

https://wimberleyisd.bonfirehub.com/portal/?tab=openOpportunities mailto:michael.doyle@wimberleyisd.net https://wimberleyisd.bonfirehub.com/portal/?tab=openOpportunities

Wimberley Independent School District is a public school district located in Wimberley, Texas, serving students and the surrounding community within Hays County. As a taxing entity, Wimberley Independent School District levies ad valorem property taxes on real and personal property within its jurisdiction. The collection of these taxes is fundamental to funding district operations, capital improvements, and educational programming.

When property owners fail to satisfy their tax obligations by statutory deadlines, the resulting delinquent accounts represent a significant loss of revenue that directly impacts Wimberley Independent School District's ability to deliver educational services. To address this challenge, Wimberley Independent School District seeks qualified legal and professional service providers capable of pursuing delinquent tax collections on its behalf in full compliance with the Texas Property Tax Code and all other applicable laws and regulations.

The purpose of this solicitation is to establish a contract with a firm that will provide comprehensive delinquent tax collection services, including but not limited to legal representation, litigation support, and all associated activities necessary to recover delinquent ad valorem tax revenues owed to Wimberley Independent School District.

Purpose And Objectives:

Wimberley Independent School District intends to retain a law firm or professional services firm authorized to practice law in the State of Texas to manage and pursue delinquent tax collection activities. The primary objectives of this engagement include the following:

1. Maximize the recovery of delinquent ad valorem property taxes, penalties, interest, and associated fees owed to Wimberley Independent School District.

2. Ensure all collection activities are conducted in strict compliance with the Texas Property Tax Code, the Texas Tax Code, and all other applicable federal, state, and local laws and regulations.

3. Reduce the volume and dollar value of outstanding delinquent tax accounts on a year-over-year basis.

4. Provide Wimberley Independent School District with accurate, timely, and transparent reporting on the status of all delinquent accounts and collection activities.

5. Represent Wimberley Independent School District effectively in all judicial and administrative proceedings related to delinquent tax collection.

6. Minimize the administrative burden on Wimberley Independent School District staff by managing all aspects of the delinquent tax collection process.

7. Provide support and expertise related to the Texas Comptroller’s Property Value Study (PVS), including analysis, consultation, and strategies to ensure local property values are accurately represented and aligned with state determinations.

Scope Of Services:

The selected firm shall provide all services necessary for the collection of delinquent ad valorem property taxes on behalf of Wimberley Independent School District. The scope of services shall include, but is not limited to, the following areas of responsibility.

Delinquent Tax Account Management

The firm shall assume responsibility for managing delinquent tax accounts referred by Wimberley Independent School District or by the designated tax assessor-collector. Services shall include:

1. Receiving and processing electronic and physical transmittal of delinquent tax account data from the applicable tax assessor-collector or district records.

2. Maintaining accurate and up-to-date records on all delinquent accounts assigned to the firm.

3. Conducting thorough due diligence on each account, including verification of ownership, legal descriptions of property, and outstanding balances.

4. Identifying and resolving discrepancies in account records in coordination with Wimberley Independent

School District and the applicable tax assessor-collector.

5. Monitoring delinquent accounts throughout the collection process and providing updates as collection milestones are reached.

Delinquent Tax Notices and Correspondence

The firm shall manage all required statutory and supplemental written communications directed to delinquent taxpayers.

Services shall include:

1. Drafting, preparing, and mailing all required notices to delinquent property owners as mandated by the Texas Property Tax Code, including the statutory attorney collection notice authorized under Section 6.30 of the Texas Tax Code.

2. Sending demand letters and follow-up correspondence designed to encourage voluntary payment of delinquent balances before litigation becomes necessary.

3. Responding to written and verbal inquiries from delinquent taxpayers, their legal representatives, and other interested parties regarding account balances, penalties, interest, and payment options.

4. Documenting all communications and correspondence in the firm's case management system for reference and audit purposes.

Payment Plans and Installment Agreements

The firm shall have authority, subject to applicable law and the prior approval or guidelines established by Wimberley Independent School District, to negotiate and administer installment payment agreements with delinquent taxpayers.

Services in this area shall include:

1. Evaluating taxpayer requests for payment arrangements and applying consistent criteria established in coordination with Wimberley Independent School District.

2. Preparing and executing legally enforceable installment agreements that comply with Section 33.02 of the Texas Property Tax Code and all other applicable statutes.

3. Monitoring installment agreement compliance and taking appropriate action in the event of default, including resuming collection and litigation activities.

4. Providing Wimberley Independent School District with periodic reports on the status of active installment agreements, including amounts received and outstanding balances.

Litigation and Legal Services

The firm shall provide full legal representation to Wimberley Independent School District in all matters related to delinquent tax collection. Services shall include:

1. Filing suit in courts of appropriate jurisdiction to collect delinquent taxes, penalties, interest, and attorney fees as permitted under the Texas Property Tax Code.

2. Pursuing all judicial remedies available under Texas law, including tax lien foreclosure, judgment liens, and post-judgment collection remedies.

3. Representing Wimberley Independent School District in all hearings, trials, and related proceedings involving delinquent tax matters.

4. Responding to and defending counterclaims, challenges to tax assessments, and other legal actions filed by delinquent taxpayers in connection with collection efforts.

5. Coordinating with the applicable tax assessor-collector, appraisal district, and other relevant entities to support litigation activities.

6. Pursuing collection of post-judgment balances through all available legal means, including writs of execution, abstract of judgment filings, and other enforcement mechanisms.

7. Managing all bankruptcy proceedings in which Wimberley Independent School District holds a secured tax lien, including filing proofs of claim, monitoring plans of reorganization, and pursuing relief from automatic stays as warranted.

Occupant and Skip Tracing Services

When delinquent property owners are difficult to locate, the firm shall undertake reasonable efforts to identify current contact information, including:

1. Conducting skip tracing and public records research to locate current mailing addresses and contact information for delinquent property owners.

2. Coordinating with the applicable appraisal district and county records to obtain updated ownership and address information.

3. Pursuing service of process through alternative methods authorized by Texas law when personal service cannot be readily accomplished.

Reporting and Data Management

The firm shall maintain a comprehensive case management and reporting system that provides Wimberley Independent School District with full visibility into all delinquent collection activities. Reporting requirements shall include:

1. Providing Wimberley Independent School District with monthly or quarterly reports detailing the status of all delinquent accounts, amounts collected, amounts pending, and accounts referred to litigation.

2. Furnishing detailed reports of all remittances made on behalf of Wimberley Independent School District during each reporting period, broken down by account and payment type.

3. Providing real-time or on-demand access to account information through an online portal or equivalent reporting platform.

4. Submitting annual summary reports to Wimberley Independent School District that document overall performance, collection rates, and litigation outcomes for the preceding year.

5. Notifying Wimberley Independent School District promptly of any significant developments on individual accounts, including settlements, foreclosure sales, and bankruptcy filings.

Coordination with Tax Assessor-Collector and Appraisal District

The firm shall maintain a cooperative working relationship with the tax assessor-collector responsible for administering property taxes on behalf of Wimberley Independent School District, as well as with the applicable central appraisal district. Coordination responsibilities shall include:

1. Receiving regular data feeds or file transfers of newly delinquent accounts certified for collection.

2. Verifying and reconciling account data with the assessor-collector's records on a routine basis.

3. Communicating with the appraisal district regarding disputes over property values, exemptions, or ownership that may affect the delinquency status of individual accounts.

4. Ensuring that all payments received are promptly remitted to the appropriate taxing authority and accurately credited to the correct accounts.

Compliance and Ethics

The firm shall conduct all collection activities in a lawful, ethical, and professional manner. Compliance requirements shall include:

1. Adhering strictly to the Texas Property Tax Code, the Texas Disciplinary Rules of Professional Conduct for attorneys, and all other applicable state and federal laws governing debt collection and legal representation.

2. Obtaining and maintaining all licenses, registrations, and certifications required to perform the services described herein throughout the term of the contract.

3. Avoiding any conflict of interest that could compromise the firm's ability to represent the interests of Wimberley Independent School District in delinquent tax matters.

4. Maintaining the confidentiality of all taxpayer and district data in accordance with applicable privacy laws and district policies.

5. Disclosing promptly to Wimberley Independent School District any legal, regulatory, or ethical issues that arise in connection with the performance of services under this contract.

Property Value Study (PVS) Support Services

The District is also seeking firms with the capacity to provide Property Value Study (PVS) support services in coordination with delinquent tax collection efforts. Services in this area may include, but are not limited to:

1. Analyzing preliminary and certified Property Value Study (PVS) results issued by the Texas Comptroller.

2. Identifying discrepancies between local appraised values and state-assigned values.

3. Providing strategic guidance to the District regarding potential protest or appeal opportunities related to PVS findings.

4. Collaborating with the District, appraisal district, and other consultants to support value defense efforts.

5. Assisting in the preparation of documentation and data necessary for PVS appeals or informal reviews.

6. Advising the District on trends, risk factors, and financial implications associated with PVS outcomes.

Firms should clearly describe their experience and capacity to provide these services, including prior work supporting school districts or other taxing entities through the PVS process.

Contract Term and Compensation:

The contract resulting from this solicitation shall be for an initial three (3) year term as specified in the final agreement, with options for renewal at the discretion of Wimberley Independent School District, subject to board approval and satisfactory performance.

Compensation shall be structured on a contingency fee basis in accordance with Section 6.30 of the Texas Tax Code, which authorizes a taxing unit to contract with an attorney to collect delinquent taxes. The fee shall be calculated as a percentage of the delinquent taxes, penalties, and interest collected and shall be paid by the delinquent taxpayer in addition to the amounts owed to Wimberley Independent School District, as authorized by law. The specific contingency fee percentage shall be established in the resulting contract and shall comply with all statutory limitations.

The firm shall not charge Wimberley Independent School District any fees beyond those recovered from delinquent taxpayers through the statutory attorney fee add-on, unless otherwise negotiated and expressly authorized in writing by Wimberley Independent School District.

Minimum Qualifications:

Firms responding to this solicitation must demonstrate they meet the following minimum qualifications to be considered for award:

1. The firm must be a law firm licensed and in good standing to practice law in the State of Texas.

2. The firm must have documented experience providing delinquent tax collection services to Texas school districts or other Texas governmental taxing entities.

3. The firm must employ attorneys with direct experience in Texas ad valorem tax law, tax lien foreclosure, and related litigation.

4. The firm must maintain professional liability insurance, errors and omissions coverage, and all other insurance coverages specified in the final contract documents.

5. The firm must be able to demonstrate the technological capability to provide account management, reporting, and taxpayer communication services as described in this scope.

6. The firm must not have any unresolved disciplinary actions, sanctions, or adverse judgments that would impair its ability to provide the services required herein.

Transition And Implementation:

Upon award of a contract, the selected firm shall work cooperatively with Wimberley Independent School District and any outgoing service provider to ensure a smooth and uninterrupted transition of delinquent tax collection activities.

Transition responsibilities shall include:

1. Developing and submitting a written transition plan to Wimberley Independent School District within a timeframe established in the contract.

2. Receiving and verifying all delinquent account files and data transferred from the prior service provider or tax assessor-collector.

3. Establishing communication protocols and points of contact with Wimberley Independent School District staff and the applicable tax assessor-collector.

4. Initiating collection activities on all active and newly assigned accounts without delay following completion of the transition process.

5. Cooperating with any successor firm at the conclusion of the contract term to transfer files, records, and account data in an organized and timely manner.

General Contract Requirements:

The following general requirements shall apply to the performance of services under any contract resulting from this solicitation:

1. The firm shall assign qualified personnel to service the Wimberley Independent School District account and shall notify the district of any significant changes in assigned personnel.

2. The firm shall be available to meet with Wimberley Independent School District staff and representatives upon reasonable notice to discuss account status, performance, and other matters related to the contract.

3. The firm shall maintain all records, files, and documentation related to Wimberley Independent School District delinquent tax accounts for the duration of the contract and for a minimum retention period following contract expiration as required by applicable law and district records retention policies.

4. The firm shall not subcontract any material portion of the services without the prior written consent of Wimberley Independent School District.

5. The firm shall maintain adequate staffing levels to meet the volume demands of Wimberley Independent School District's delinquent tax collection program throughout the contract term.

6. All amounts collected on behalf of Wimberley Independent School District shall be remitted to the appropriate accounts within the timeframes established by applicable law and the terms of the contract.

Approximate Timeline:

The following anticipated dates are for planning purposes only. Wimberley Independent School District reserves the right to make any changes as may be required and will notify all participants accordingly.

April 9, 2026 N/A Release Date

April 23, 2026 Due by 4:00 pm (CT) Questions Deadline

April 24, 2026

Due by 4:00 pm (CT) Responses to Question Posted

May 7, 2026 Due by 2:00 pm (CT) Submission Deadline

May 8, 2026 N/A Evaluation for Proposals

May 18, 2026 N/A Board Meeting to Approve Ranking and Selection

Should the project scope be changed, by mutual written agreement of the District and the Respondent, a revised estimate shall be provided to the District for approval followed by the issuance of a revised Engagement Letter.

These conditions are applicable and form a part of all contract documents and a part of the terms of all purchase orders for specifications and proposal forms issued herewith.

All costs directly or indirectly related to preparation of a response to this RFQ or presentation of a price proposal which may be required by WISD shall be the sole responsibility of and shall be borne by Responder(s).

PROPOSALS

Ranking Methodology:

Selection will be made on the basis of demonstrated competence and qualifications in accordance with Texas Government Code sections 2254.004. The qualifications information submitted in response to this RFQ shall be organized, assessed and weighted as follows

Evaluation Criteria Point System

FIRM’S APPROACH:

Firm’s approach, supporting documentation, evidence of competence to undertake services as a Tax Attorney for Wimberley ISD.

METHODOLGY:

Firm’s experience as a Tax Attorney for a Texas public school district. Explanation of methodology, unique challenges and any other relevant information.

QUALIFICATION:

Qualifications, certifications, the experience of key personnel.

PAST EXPERIENCE:

Firm’s past experience with WISD and/or other Districts.

K-12, Higher Education and/or Governmental experience

REFERENCES:

Five (5) references from clients for which your firm has provided comparable services. List of References should come from past project examples listed within this RFQ. References will be contacted via e-mail with a deadline. If no response is received by the deadline, there will be points deducted in this section

Total 100 pts

Per Texas Education Code, Subchapter B, Sec. 44.031 (b)* ALL CONTENTS PROVIDED IN THIS SOLICITATION, WILL BE CONSIDERED AS AN EVALUATION FACTOR.

WISD has not committed itself to the selection of a proposal, and neither the suggested Scope of Services nor the terms of an agreement should be construed to require that a vendor be engaged for any or all of the services described in this

RFQ.

In submitting an RFQ, Vendor understands and agrees to be bound by the terms and conditions which shall be incorporated into any future contracts, agreements, or purchase orders relating to this RFQ between the firm and the District.

Acceptance of Evaluation Methodology: By submitting a proposal in response to this RFQ, the Respondent accepts the evaluation process and methodology, and further, acknowledges and accepts that the determination of the ranking of Respondents based on demonstrated competence and qualifications will require subjective judgments by the District.

WISD reserves the right to cancel this contract should any of the following occur:

• the vendor(s) proceeds in a manner that does not comply with the contract

• should services or quality of the goods become unacceptable as determined solely by WISD

• the vendor(s) does not carry out the provisions of this contract in its true intent and meaning as indicated in the scope of work.

Prior to contract cancellation, the vendor(s) will be served with written notice to provide satisfactory compliance with the contract without penalty. If the vendor neglects or refuses to follow such notice within ten (10) days WISD may cancel the contract.

SUBMISSION REQUIREMENTS

Specific Qualifications/Questionnaire:

All interested and qualified Delinquent Tax Services are invited to submit a statement of their competence and qualifications, consisting of the following. To achieve a uniform review process and obtain the maximum degree of comparability, it is required that all requested documents and/or information be submitted in the manner specified in this RFQ. All documents and requirements including Questionnaires should be completed and uploaded as part of the qualification submission.

Submission shall be limited to a thirty-five (35) page maximum.

Firm’s Approach:

Provide Executive Summary outlining the following:

1. Describe your organization’s background and experience in delinquent tax collections.

2. List local office(s) and resources.

3. Convey your organization’s plan for conferring with District staff and the Hays County Tax Office, its attorneys and representatives, to provide a seamless process for the District and its taxpayers.

4. Overview of proposed services.

Methodology:

Provide current delinquent collection sample

1. Provide a concise report of two current Texas ISD clients that are comparable in account size and levy amount to WISD.

2. Provide a percentage of collections as compared to current year base taxes turned over from July 1 to June 30 for the past three (3) years.

3. Provide a percentage of collections as compared to all year’s base tax turned over from July 1 to June 30 for the past three (3) years.

Delinquent Tax Collection:

1. Provide a description of your proposed work plan.

2. Provide a description of your firm’s approach to taxpayer communication and assistance.

3. Address your firm’s research and taxpayer location program.

4. Provide an overview of your firm’s bankruptcy collection program.

5. Discuss whether your firm has a Business Personal Property site visit program, and if it does, describe the program.

6. Provide descriptions of the following processes and provide statistics on collections for these activities:

a. Tax Suits – process and pre-suit process.

b. Tax Sales – process.

c. Tax Seizures – process and samples.

7. Other services and/or assistance the firm my provide to WISD.

Collection Technology:

1. Describe the computer hardware and software used to collect delinquent taxes and how it would be specifically utilized in connection with the District’s collection s and associated reporting.

2. Describe how the software will interface with the Hays County Tax Office collection software.

3. Identify how the firm’s technology is used to support your personnel in collecting delinquent property taxes.

Qualifications:

Describe your organization’s personnel expertise and experience in property tax collections:

1. Specify the number of full-time employees in your firm.

2. Specify the number of full-time attorneys in your firm.

3. Identify the personnel who would handle collections for the District.

4. Provide an organizational chart and biographies of key firm management and personnel who would be directly involved with District staff.

5. Specify whether the attorneys who would perform services on behalf of WISD are licensed to practice law in the State of Texas and the Federal District Court for the Southern District of Texas and in good standing with both.

Past Experiences:

1. List three (3) successful public school district equivalent to Wimberley ISD’s size or public entity in Texas that the firm have served as a delinquent tax attorney.

2. Information should include:

a. Organization Name

b. Contact Name, Title

c. Contact Phone number and valid email

d. Scope of services performed

e. Contract Start Date

f. Contract Completion Date

References:

List a minimum of five (5) references the firm has provided similar services to in the last on to 5 (1-5) years. At a minimum, of three (3) of these references should be from K-12 districts. (Preferably districts of 2,000 – 3,000 student population). Provide all contact information, such as name, phone number and email address. References will be contacted via e-mail with a deadline. If no response is received by the deadline, there will be points deducted in this section.

Additional Information:

1. Provide a listing of all delinquent tax collection clients your firm has gained in the last 24 months.

2. Describe any regulatory censure and/or any litigation filed against your firm or its officers, owners, partners, agents or employees during the past ten (10) years, including the filing of misdemeanor or felony complaints and/or felony indictments. Provide the type and include the names of defendants, state, case number, court and final outcome.

3. Describe any criminal prosecution filed against your firm or its officers, owners, partners, agents, or employees during the past ten (10) years, including the filing of misdemeanor or felony complaints and/or felony indictments. Provide the type and include the names of defendants, state, case number, court and final outcome.

4. Describe any Texas Attorney General or State Bar Association complaints filed against your firm or its officers, owners, agents, or employees during the past ten (10) years, include the final outcome of each complaint.

5. Describe any services your firm can provide regarding calculation and setting of the maintenance and operations and interest and sinking tax rate calculations.

6. Describe any services your firm can provide regarding property tax value audits and Texas Comptroller Property Value Study (PVS) support, including prior experience and outcomes.

7. Provide or include any other information you believe would be helpful in assessing your firm’s ability to perform the services being requested by WISD.

Pricing Information:

Firm’s fee proposal for Delinquent Tax Attorney Services should NOT be submitted at this time, but will be solicited at a later date.

Insurance Requirement:

Vendor shall provide one of the following forms of insurance as listed below:

1. Certificate of Insurance (COI) as requested in the solicitation

2. COI with the limits outlined, without WISD listed as the certificate holder

3. A letter from the vendor’s insurance carrier on the insurance carrier’s letterhead to Wimberley ISD indicating that the vendor shall comply with WISD insurance requirements as outlined within the solicitation.

Required Forms:

Download all required forms, complete, sign and upload under the required forms section.

1. 1295 Form

2. Conflict of Interest Questionnaire (Form CIQ)

3. Wimberley ISD Vendor Application Packet

Please note that these completed documents shall be included within the submission.

Texas Public Information Act.

During the course of the selection process, the proposal submitted by Respondents are exempt from disclosure to the public under the Texas Public Information Act. The proposal will however, upon the award of the contract, become a public record; and therefore, subject to disclosure to any person who makes a proper request for review of the documents. Some of the information you may provide in your proposal may contain commercial or financial information which are deemed privileged or confidential by statute or may be of a nature which you feel may cause substantial competitive harm to your business if disclosed by the District to a third-party even after the award. You may be entitled to protect this information at the time the request is made for disclosure; however, you will need to consult your legal counsel to assure that this kind of information, if included in your Response, is properly marked as confidential prior to submission. Wholesale marking of your entire proposal “Confidential” or “Proprietary” will not be effective. The District fully complies with the Texas Public Information Act. In the event information from Respondent’s proposal is requested, the District will use its best efforts to notify the Respondent of such request but will have no duty to assert any claim to the Attorney General regarding that the proposal or parts thereof are not subject to disclosure under the Act

Required Certifications.

By submitting its Response to this RFQ, Respondent certifies that it does not and will not refuse to deal with, terminate business activities with, or otherwise take any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, unless the action taken for ordinary business purposes.

By submitting its Response to this RFQ, Respondent certifies that it does not boycott energy companies and will not boycott energy companies during the term of this Agreement. This does not apply to sole proprietorships.

By submitting its Response to this RFQ, Respondent certifies that it does not discriminate against firearm entities or firearm trade associations and will not discriminate against firearm entities or firearm trade associations during the term of this Agreement. This does not apply to sole proprietorships.

Pursuant to Texas Government Code 552, Subchapter J, the proposer agrees to be bound by the following terms in the resulting Contract has stated expenditures of at least $1,000,000 for the purchase of goods or services by the District or if the Contract results in the expenditures of at least $1,000,000 in public funds for the purchase of goods or services by the District in a fiscal year of the District. If the District received a written request for public information related to this Contract that is in the possession or custody of the Contractor and not in the possession or custody of the District, the District shall send, not later than the third business day after they date the District received the written request, a written request to the Contractor that Contractor provide that information to the District.

Award of Agreement

The District reserves the right to reject any or all proposals. There will be no contractual obligations on the part of the District to any Respondent, nor will any Respondent have any property interest or other right in the agreement unless and until a reasonable price for the services is negotiated and the agreement is unconditionally executed and delivered by all parties, and all conditions to be fulfilled by the Respondent have either been so fulfilled by the Respondent or waived in writing by the District.

The process followed for evaluation and award of the agreement shall be substantially as follows:

1. Within a reasonable time, not to exceed forty-five (45) days after the deadline for submission of responses, Administration will evaluate each proposal submitted in relation to the criteria set out in above, in this Request for Proposal.

2. At the next regular or special-called Board Meeting, Administration will present the advisory rankings to the Board of Trustees for approval.

3. Utilizing the ranking approved by the Board of Trustees, the Superintendent or his designee will attempt to negotiate an agreement for a reasonable price with the first ranked Respondent. If the District is unable to negotiate an agreement for a reasonable price with the first selected Respondent, the District will, formally and in writing, end negotiations with that Respondent and proceed to the

4. next ranked Respondent in the order of the selection ranking until an agreement is reached or all proposals are rejected.

5. Upon reaching an agreement as to the terms of the agreement with the selected Respondent, the Superintendent, as the Board’s delegate, will notify the Respondent that its firm has been selected and within ten (10) days after notice of its selection, Respondent will execute the negotiated agreement with the District and shall furnish the insurance certificates required by the agreement in forms acceptable to the District.

Terms of Payment

Wimberley Independent School District will pay all invoices for accepted merchandise or service no later than forty-five (45) days from date of acceptance or delivery as set forth in the specifications for this proposal.

Preparation Costs

Issuance of this proposal does not commit WISD, in any way, to pay any costs for the preparation and submission. Nor does the issuance of the proposal obligate WISD to award a contract or purchase. All costs related to the preparation and submission shall be paid by the vendor. If the vendor makes an oral presentation to the District, all costs related to the oral presentation shall be paid by the vendor.

Confidentiality of Documents

All documents submitted as part of the vendor’s Proposal will be deemed confidential during the evaluation process.

Vendor Proposals will not be available for review by anyone other than WISD evaluation team or its designated agents. There shall be no disclosure of any vendor’s information to a competing vendor prior to award of the contract.

Following award of contract, all Proposals become public documents and are available for public viewing upon written request to WISD.

Retention of Submitted Documentation

All submitted materials and supportive documentation submitted in response to this proposal become the permanent property of WISD.

Rejection of Any or All Submissions

The Owner shall have the right to reject any or all proposals not accompanied by any required proposal security, or by other data required by the Proposal Documents, or to reject a proposal which is any way incomplete, irregular, or not submitted by the published date and time as specified.

Appropriated Funds

The purchase, which arises from this solicitation, is contingent upon the availability of appropriated funds. WISD shall have the right to cancel this contract at the end of the then current fiscal period if funds are not allotted for the next fiscal year to continue this contract. If funds are withdrawn or do not become available, WISD can cancel the service contract by giving the vendor written notice of its intention to cancel not less than thirty (30) days prior to the end of the term year without penalty. Upon cancellation of the contract, WISD shall not be responsible for any payment of any services that are received or that occur after the end of the current fiscal year contract period.

Taxes

The Owner is exempt from the Texas Sales Tax on any purchase of tangible personal property and will issue a copy of Certificate of Exemption from the Texas Sales Tax on materials furnished by the Contractors on School Construction projects. The Contractors shall obtain Certificates of Resale from their suppliers in order to avoid payment of the State Sales Tax on materials incorporated in District work. Failure of the Contractor to obtain Certificates of Resale from their suppliers shall make the Contractor responsible for absorbing the tax.

Cancellation of Agreements and Contract

The District shall reserve the right to cancel the contract for any reason it deems suitable to its best interest.

Such cancellation shall be noted in writing thirty (30) days before the service cancellation. Such a cancellation notice shall come from the office of the Chief Financial Officer and shall set forth the reason for said cancellation of service and the contractor may then request a review with the Chief Financial Officer for the purpose of discussing the cancellation notice. A cancellation notice may be brought about by, but not limited to:

1. any breach of the contract or provisions set forth in the proposal specifications;

2. insurance cancellation;

3. equipment failure or deviations;

4. missed service calls;

5. increased rates not agreed to in advance or as specified herein;

6. budgetary requirements;

7. change of the District’s needs regarding specified service.

Administrative Cost due to Non-Performance

If at any time the vendor fails to fulfill or abide by the terms, conditions, or specifications of the contract, WISD reserves the right to:

1. purchase on the open market and charge the vendor the difference between contract and actual purchase price or

2. deduct such charges from existing invoice totals due at the time or

3. cancels the contract within thirty (30) days written notification of intent.

Texas Public Information Act (TPIA)

Contractor acknowledges that Wimberley Independent School District (WISD) is subject to the Texas Public Information Act (TPIA). As such, upon receipt of a request under the TPIA, WISD is required to comply with the requirements of the TPIA. For purposes of the TPIA, “public information” is defined as information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business:

a by WISD; or

b. for WISD and WISD b.1 owns the information; or b.2 has a right of access to the information; or b.3 spends or contributes public money for the purpose of writing, producing, collecting, assembling, or maintaining the information; or

c. by an individual officer or employee of WISD in the officer’s or employee’s official capacity and the information pertains to official business of the WISD.

Contractor is expected to fully cooperate with WISD in responding to public information requests. This includes, but is not limited to, providing WISD with requested documentation. In the event that the request involves documentation that the Contractor has clearly marked as confidential and/or proprietary, WISD will provide the Contractor with the required notices under the TPIA.

The Contractor acknowledges that it has the responsibility to brief the Attorney General's Office on why the documents identified as confidential and/or proprietary fall within an exception to public disclosure.

Additional Information

The qualified firm shall furnish such additional information that the District may reasonably require.

Requirement to Meet All Proposal Provisions

Each Proposer shall respond to all of the specifications and Proposal terms and conditions. By virtue of the Proposal submission, the Proposer acknowledges agreement with and acceptance of all provisions of the specifications except as expressly qualified in the Proposal. Nonsubstantial deviations may be considered provided that the Proposer submits a full description and explanation of and justification for the proposed deviations. Whether any proposed deviation is Nonsubstantial will be determined by WISD at its sole discretion.

Award Recommendation

The official Board approved tabulation/award document will be posted on our website:

https://wimberleyisd.bonfirehub.com/portal/?tab=pastOpportunities.

Contract Negotiation

The District and interested firms may enter into discussions and revisions of the proposal, as necessary. Fees for services may be negotiated by the District’s Superintendent or the Chief Financial Officer subject to the annual review and approval by the Board of Trustees.

Waiver of Claims Regarding RFQ Process

By submission of a proposal in response, respondent waives any claims it has or may have against Wimberley Independent School District, its employees, officers, agents, representatives and trustees, connected with or arising out of this proposal request, the proposal evaluations, and the selection of the respondent, and against the construction manager, its consultants, and their respective employees, officers, members directors and partners. Submission of a proposal indicates the respondents’ recognition that some subjective judgements must be made by WISD during the evaluation process, and respondents waives any claim it has or may have against any of the above-names persons relating to information contained in the evaluations of proposals.

END OF DOCUMENT

https://wimberleyisd.bonfirehub.com/portal/?tab=pastOpportunities