5-01 - RFQ SPECIFICATIONS.pdf

REQUEST FOR QUALIFICATIONS

Reference Number: RFQ 2025-002

Project Title: Delinquent Tax Collection Services

ANTICIPATED SCHEDULE

RFQ Issue Date August 17, 2025

RFQ Publication Dates August 17, 2025 & August 24, 2025

Virtual Pre-Submittal Meeting August 27, 2025 @ 10 AM CST

Deadline for Questions August 29, 2025 @ 5:00 PM CST

Statement of Qualifications (SOQs) Due September 11, 2025 @ 2:00pm CST

Projected Interviews (if applicable) September 15 – 17, 2025 (TBD)

Recommendation to City Council (tentative) December 15, 2025

Important Information The City of Burleson will receive sealed statements of qualifications (SOQ) for the services specified until the deadline indicated above. SOQ will only be received electronically through the City’s e-procurement system, Bonfire, at https://burlesontx.bonfirehub.com (registration required). Extensions will not be granted. Late submittals will not be accepted.

Questions and requests for additional information should be made in writing and no later than the questions deadline above and shall be directed to the Purchasing Agent via https://burlesontx.bonfirehub.com.

Any interpretations, corrections, clarifications, or changes to this Request for SOQ or specifications will be issued via addendum. Addenda will be posted at https://burlesontx.bonfirehub.com. It is the responsibility of the Proposer to monitor the Bonfire website for addenda. Proposers shall acknowledge receipt of each addendum by submitting a signed copy with their SOQ. Oral explanations will not be binding.

The City of Burleson reserves the right to reject any SOQ in its sole discretion, for any reason and for no reason, and to waive defects in SOQ. No officer or employee of the City of Burleson shall have a financial interest, direct or indirect, in this or any contract with the City of Burleson. Minority and small business vendors are encouraged to submit SOQ on applicable City solicitations.

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City of Burleson RFQ 2025-002 Delinquent Tax Collection Services

TABLE OF CONTENTS

Request for Qualifications

1. Introduction …………………………………………………….2

2. Definitions …………………………………………………

3. General Information ……………………………………………3

4. RFQ Withdrawals and/or Amendments………………………...4

5. Statement of Qualifications Requirements …………………

6. SOQ Evaluation and Contract Award …………………….……4

Appendix A – Scope of Services

1. Scope of Services Descriptions ……………………………… A-1

Appendix B –Statement of Qualifications

1. Cover page for online submittals ………………………….… B-1

2. Required Information …………………………………...…... B-2-4

1. Introduction

A. Project Overview:

The City of Burleson is seeking a professional services contract with a professional law firm to perform the collection of delinquent property taxes as authorized by Texas Law.

i. Project Description

Section 6.30 of the Texas Tax Code authorizes a taxing unit to contract with a private attorney for the collection of delinquent taxes and to pay up to 20% of the amount collected as compensation. Sections 33.07, 33.08, and 33.11 permit the taxing unit to impose an additional penalty on delinquent accounts when such a contract is in place. Additional statutory provisions also allow the recovery of attorney’s fees in litigation to collect amounts owed to the City.

ii. Project Schedule

The City of Burleson contracts with Johnson and Tarrant Counties to collect property taxes.

Annual tax bills are issued in October and due by January 31 of the following year. Taxes become delinquent on February 1, with penalties and interest applied in accordance with state law. Beginning July 1, the City may refer delinquent accounts to an external attorney for collection. If such a contract is in place, a 20% collection fee is added to the tax liability.

2. Definitions

Statement of Qualifications (SOQ):

The signed and executed submittal of the entirety of Appendix B – SOQ.

Proposer:

The Proposer and the Proposer’s designated contact signing the first page of the SOQ.

City of Burleson (“City”):

The City of Burleson, Texas.

Project:

The name of this Request for Qualifications as identified on the cover sheet and first page of Appendix A – Scope of Services.

Purchasing Agent:

The City of Burleson Purchasing Agent is Andrea Anderson.

Phone: (817) 426-9847 E-Mail: purchasing@burlesontx.com

Request for Qualifications (RFQ):

The entirety of this document, including all Appendices and Addenda.

3. General Information

A. Professional Service:

This solicitation is issued pursuant to Texas Government Code Chapter 2254, Professional Services Procurement Act, and seeks services that fall within the definition of 'professional services' under Section 2254.002, including but not limited to legal services provided by licensed attorneys for the enforcement and collection of delinquent property taxes.

B. No Price Information:

The selection of a proposer under this RFQ shall be in accordance with Chapter 2254 of the Texas Government Code. Do not include any price information within the submission. Submissions containing price information will be automatically disqualified.

C. Tax Exempt Status:

City purchases are exempt from State Sales Tax and Federal Excise Tax. City will furnish Excise Tax Exemption Certificate upon request.

D. Public Inspection of SOQ:

The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFQ information. SOQ are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the SOQ contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City’s failure to take any such reasonable steps, even if the City is negligent in failing to do so.

E. Notification of Errors or Omissions:

Proposers shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFQ. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous.

F. Anti-Boycotting Provisions:

Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

i. Pursuant to Section 2271.002 of the Texas Government Code, Vendor certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

ii. Pursuant to SB 13, 87th Texas Legislature, Vendor certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

iii. Pursuant to SB 19, 87th Texas Legislature, Vendor certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of the Agreement. Vendor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

4. RFQ Withdrawals and/or Amendments

A. RFQ Withdrawal:

The City reserves the right to withdraw this RFQ in its sole discretion, for any reason or for no reason.

B. RFQ Amendments:

The City reserves the right to amend any aspect of this RFQ by formal written addendum prior to the SOQ submittal deadline and will endeavor to notify all potential Proposers that have registered with the City, but failure to notify shall impose no obligation or liability on the City.

5. SOQ Submittal Requirements

A. Submittal Packet – Required Content:

All SOQ must be submitted electronically. The Proposer must visit https://burlesontx.bonfirehub.com/login and register. Once registered for this complimentary service, the Proposer may submit SOQ documents electronically by selecting the appropriate SOQ identification.

B. Submittal Deadline:

It is the Proposer’s responsibility to have the SOQ Documents correctly electronically submitted by the submittal deadline. No extensions will be granted and no late submissions will be accepted.

C. SOQ Received Late:

Proposers are encouraged to submit their SOQ as soon as possible. The time and date of receipt as recorded within the Bonfire electronic system shall be the official time of receipt. The City is not responsible for late submission regardless of the reason. Late SOQ will not be considered under any circumstances.

D. Alterations or Withdrawals of SOQ Document:

Any submitted SOQ may be withdrawn or a revised SOQ substituted prior to the submittal deadline.

SOQ documents cannot be altered, amended or withdrawn by the Proposer after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Agent.

6. SOQ Evaluation and Contract Award

A. SOQ Evaluation:

The City will review all SOQ to identify proposers that meet the minimum qualifications and demonstrate the capability to perform the required services. Evaluation will be based on the criteria and weightings outlined in Appendix B of this RFQ. The City reserves the right to determine which SOQ will be most advantageous to the City.

B. Evaluation Firms meeting the minimum requirements below will have their submission evaluated for technical quality. Further scoring of the evaluation criteria will be in accordance with the weighted values of the criteria as indicated in the full descriptions in Appendix B. A shortlist of firms with the highest scores may be interviewed by the evaluation committee to further evaluate qualifications.

i. Minimum Requirements:

a. The firm is licensed or registered to practice in the State of Texas.

b. The firm has no conflict of interest with regard to any other work performed by the firm for the City of Burleson.

https://burlesontx.bonfirehub.com/login

c. The firm adheres to the instructions in this RFQ for submission requirements including all forms listed in Appendix B.

d. The firm is an Equal Opportunity Employer, who is committed to providing fair and equal treatment of all employees without regard to race, color, religion, sex, gender identity or expression, sexual orientation, national origin, age, disability, genetic information, pregnancy, veteran status, or any other legally protected status under applicable federal, state, and local laws.

ii. Technical Quality:

Each submission that has met the requirements will be scored based on these criteria. The City reserves the right, when in its best interest, to request additional information or clarification from Proposers.

Emphasis Criteria

40 Experience

35 Collection Records

15 Clarity of the SOQ

10 References

100 Total Points

+15 possible Interview (If conducted)

C. Negotiations Proposers will be ranked in the City’s order of preference, and final contract negotiations will begin with the top-ranked Proposer. Should negotiations with the highest-ranked Proposer fail to yield a contract, or if the Proposer is unable to execute the contract, negotiations will be formally ended and may then commence with the second highest ranked Proposer, etc.

If an agreement can be reached, a formal written agreement, which will include insurance documentation will be drafted and such may require consideration by the City of Burleson City Council. An agreement may not be finalized until the City Council takes formal action at an appropriately posted public meeting to approve said agreement.

D. Contract Award Award of the contract shall be based on demonstrated competence and qualifications, so long as the professional fees are consistent with, and not higher than the published recommended practices and fees of the various professional associations and do not exceed any maximums provided by state law.

E. Completeness:

If the SOQ is incomplete or otherwise fails to conform to the requirements of the RFQ, the City alone will determine whether the variance is so significant as to render the SOQ non-responsive, or whether the variance may be cured by the Proposer or waived by the City, such that the SOQ may be considered for award.

F. Ambiguity:

Any ambiguity in the SOQ as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City.

In the event of a conflict between these standard RFQ requirements and details provided in Appendix A – Scope of Services or Appendix B – SOQ, the Appendices shall prevail.

G. Additional Information:

The City may request any other information necessary to determine Proposer’s ability to meet the minimum standards required by this RFQ.

H. Terminate for Cause:

The occurrence of any one or more of the following events will justify termination of the contract by the City of Burleson for cause:

i. The successful Proposer fails to perform in accordance with the provisions of these specifications; or

ii. The successful Proposer violates any of the provisions of these specifications; or

iii. The successful Proposer disregards laws or regulations of any public body having jurisdiction; or

iv. The successful Proposer transfers, assigns, or conveys any or all of its obligations or duties under the contract to another party(ies) without written consent of the City.

v. If one or more of the events identified in subparagraphs H(i) through H(iv) occurs, the City may terminate the contract by giving the successful Proposer seven (7) days written notice.

In such case, the successful Proposer shall only be entitled to receive payment for goods and services provided before the effective date of termination. The successful Proposer shall not receive any payment on account of loss of anticipated profits or revenue or other economic loss resulting from such termination.

vi. When the contract has been so terminated by the City, such termination shall not affect any rights or remedies of the City then existing or which may thereafter accrue.

I. Terminate for Convenience:

The City reserves the right to terminate this contract, in whole or in part, without cause and for its convenience, upon thirty (30) days' prior written notice to the Contractor. In the event of such termination, the Contractor shall be entitled to compensation for services satisfactorily performed up to the effective date of termination. No other costs or fees, including anticipatory profits, will be paid.

Upon termination of the contract, the firm will have six months to conclude its pending litigation activities.

J. Term: The vendor awarded the contract will represent the City. The City reserves the right to award a three (3) year contract and at the end of the term, the contract may be renewed with annual renewals at the discretion of the City.

Appendix A – Scope of Services

1. Scope of Services Description Each Statement of Qualifications (SOQ) must clearly address all items listed in this section.

Additional supporting information may be included and clearly referenced in a table of contents.

The selected attorney or law firm will provide comprehensive delinquent property tax collection services to the City of Burleson, including but not limited to:

A. Reporting Prepare and submit monthly and quarterly progress reports in both Excel and PDF formats in addition to County-prepared reports, that include:

• Number and types of communications with delinquent taxpayers

• Summary of delinquent accounts collected

• List of lawsuits filed and judgments rendered

• Number of tax warrants issued and served

• Status of bankruptcy cases involving delinquent taxpayers

• List of properties submitted for tax sale, with status updates

• Number of properties sold at auction or conveyed to the City due to non-sale

• If requested, periodic summary reports or legal updates to City Council or designated staff

B. Notifications Prepare and mail all required notices to delinquent taxpayers in compliance with applicable law and to support timely collections.

C. Litigation File and prosecute lawsuits to enforce tax liens, including foreclosure actions and other legal proceedings necessary for recovery.

D. Bankruptcy & Judicial Claims File claims in bankruptcy proceedings and participate in any other judicial processes related to the collection of delinquent property taxes.

E. Legal Support Provide legal advice and written opinions to the City as needed, including research and support on delinquent tax-related matters.

F. Additional Services Perform other related legal services as requested by City staff or City Council to support delinquent tax collections.

G. Costs & Supplies Cover all expenses associated with tax collection, including postage, supplies, court costs, and filing fees.

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H. Intervention Intervene in tax suits initiated by other taxing entities when City taxes are owed on the subject property.

I. Compliance and Coordination The selected firm shall ensure that all collection activities comply with applicable provisions of the Texas Property Tax Code, Government Code Chapter 2254, and relevant case law. The firm must coordinate with Johnson and Tarrant Counties, the City’s Tax Assessor- Collector(s), and other applicable taxing entities to support consistent and legally sound enforcement.

J. Technology and Data Management The firm shall maintain a secure, searchable database of all accounts referred by the City, including communication records, payment activity, legal status, and outcomes. The City reserves the right to request data extracts or access to this system to support oversight and reporting.

K. Optional Services Upon request, assist in collecting other City liens (e.g., mowing, demolition, or paving assessments) where recovery of legal fees is permitted by law.

L. Performance Review & metrics The City reserves the right to review performance quarterly and annually. Failure to meet benchmarks may result in corrective remediation or contract termination.

M. Staffing & Continuity Assign qualified attorneys and notify the City of changes to key personnel. City approval may be required for key staffing substitutions.

N. Ethical Standards and Conflicts of Interest Disclose potential conflicts of interest. The City reserves the right to disqualify or terminate the contract if an unresolved conflict arises.

A-2

B-1

Appendix B – Statement of Qualifications Submittal Checklist: (To determine validity of SOQ)

______Appendix B (Pages B-1 through B-4) must be included in the SOQ

______Conflict of Interest Questionnaire (Public files in Bonfire)

______Form 1295 Certificate of Interested Party (Public files in Bonfire)

______W9 (Public files in Bonfire)

All SOQ submitted to the City of Burleson shall include this page with the submitted SOQ.

RFQ Number: RFQ 2025-002

Project Title: DELINQUENT TAX COLLECTION SERVICES

Submittal Deadline: SEPTEMBER 11, 2025 @ 2:00 PM (CST)

SUBMIT ELECTRONICALLY TO:

https://burlesontx.bonfirehub.com/login

* Requires email account login and password.

Proposer Information:

Proposer’s Legal Name:

Address:

City, State & Zip

Federal Employers Identification Number #

Phone Number: Fax Number:

E-Mail Address:

Proposer Authorization

I, the undersigned, have the authority to execute this SOQ in its entirety as submitted and enter into a contract on behalf of the Proposer.

Printed Name and Position of Authorized Representative: ________________________________________

Signature of Authorized Representative: ____________________________________________

Signed this __________(day) of _________________________(month),________(year)

B-2

Appendix B – SOQ (continued)

1. REQUIRED SOQ INFORMATION. IN ORDER FOR A SOQ TO BE CONSIDERED COMPLETE,

AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY, PROPOSER MUST

SUBMIT ALL OF THE FOLLOWING INFORMATION:

A. Qualifications and Experience – 40 Points This criterion considers the proposer’s overall qualifications and specific experience in providing delinquent property tax collection services for Texas municipalities. SOQ should include an overview of the firm’s history in this field, the number of years providing these services, and the scope and scale of work performed for similarly sized cities. Proposers must identify the attorney(s) who will be assigned to the project and include concise résumés detailing relevant legal expertise, courtroom experience, and familiarity with applicable sections of the Texas Property Tax Code. If any portion of the work will be subcontracted, similar background information must be provided for the subcontractors.

Proposers are encouraged to also describe any relevant experience in providing optional services listed in the Scope of Services, such as the collection of other City liens (e.g., mowing, demolition, or paving assessments) where recovery of legal fees is permitted by law.

B. Collection Records – 35 Points Proposers will be evaluated on their demonstrated ability to effectively recover delinquent ad valorem taxes for municipal clients. SOQ should include historical collection performance data that distinguishes between current-year and prior-year delinquencies, as well as outcomes related to foreclosure, payment arrangements, and sale of properties. Firms should describe their strategies for maximizing collections, complying with legal deadlines, and ensuring timely submission of monthly and quarterly progress reports. Special consideration will be given to firms with documented success under Texas Tax Code Section 6.30 and penalty recovery under Sections 33.07, 33.08, and 33.11.

C. Clarity of the SOQ – 15 Points SOQ will be assessed for their clarity, structure, and responsiveness to the City’s RFQ requirements. The City will consider how well the SOQ communicates the firm’s understanding of the scope, the quality of the response, and whether all requested materials are complete, concise, and logically presented. Well-organized, thoughtfully written responses that make evaluation straightforward will be rated more favorably.

D. References – 10 Points Each proposer must submit a minimum of three references from governmental clients for whom similar services have been provided. References should include the name of the entity, a primary contact person with title, phone number and email address, a brief description of the services provided, and the duration of the engagement. Preference will be given to references from municipalities of similar size to Burleson.

B-3

At the City’s discretion, interviews may be conducted with top-ranked proposers. If interviews are conducted, up to 15 additional points may be awarded based on interview performance.

Reference # 1

Client / Company Name:

Contact Name:

Contact Title:

Phone: Email:

Date and Scope of Work Provided:

Reference # 2

Client / Company Name:

Contact Name:

Contact Title:

Phone: Email:

Date and Scope of Work Provided:

Reference #3

Client / Company Name:

Contact Name: Contact Title:

Phone: Email:

Date and Scope of Work Provided:

3. Federal, State and/or Local Identification Information

A. Centralized Master Bidders List registration number: ______________________________.

B. Prime contractor HUB / MWBE registration number: ______________________________.

C. An individual Proposer acting as a sole proprietor must also enter the Proposer’s Social Security Number: #_______-_______-_______.

B-4

4. Compliance with HB 89: Proposer agrees per HB 89 vendor shall not boycott Israel at any time while providing products or services to the City of Burleson.

[ ] Yes, we agree [ ] No, we do not agree

5. Compliance with SB 252: Proposer agrees per SB 252 vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of Burleson.

[ ] Yes, we agree [ ] No, we do not agree

6. Compliance with SB 13: Proposer agrees per SB 13 vendor does not boycott energy companies as those terms are defined in the Texas Government Code § 809.001, and will not boycott energy companies during the term of any contract with the City of Burleson.

[ ] Yes, we agree [ ] No, we do not agree

7. Compliance with SB 19: Proposer agrees per SB 19 vendor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in the Texas Government Code § 2274.001, and that vendor will not so discriminate during the term of any contract with the City of Burleson.

[ ] Yes, we agree [ ] No, we do not agree