6-001 Request for Qualifications 26004296.pdf

CITY OF MIDLAND, TEXAS

REQUEST FOR QUALIFICATIONS (RFQ)

26004296

Professional Legal Services for Collection of Delinquent Municipal Court Fines and Fees

1. Introduction

The City of Midland, Texas (“City”) is seeking qualified legal firms to provide professional legal services related to the collection of delinquent Municipal Court fines, fees, court costs, restitution, and other accounts receivable (collectively referred to as “Fines and Fees”). The selected firm (“Company”) will assist the City in maximizing collections while ensuring full compliance with all applicable federal and state laws, including Article 103.0031 of the Texas Code of Criminal Procedure.

2. Purpose The purpose of this RFQ is to solicit Statements of Qualifications from experienced law firms capable of providing comprehensive collection services, including legal representation, enforcement strategies, and account recovery services for delinquent Municipal Court obligations.

3. Scope of Services The selected firm will provide services including, but not limited to:

3.1. Legal Services

3.1.1. Provide legal advice and recommendations regarding enforcement actions for delinquent fines and fees

3.1.2. Represent the City in disputes or legal challenges related to collection authority

3.1.3. Defend the City in litigation involving collection matters

3.1.4. Represent the City’s interests in bankruptcy proceedings involving delinquent accounts

4. Collection Services

4.1. Comprehensive account and case analysis

4.2. Written notification and correspondence (bilingual preferred)

4.3. Automated and live telephone outreach

4.4. Skip tracing and address/phone research

4.5. Payment processing coordination and facilitation

4.6. Online account inquiry support

4.7. Complaint and dispute resolution

5. Program Management

5.1. Implementation of a collection program within 30 days of contract execution

5.2. Ongoing reporting (monthly, quarterly, or as requested)

5.3. Coordination with City staff and systems

5.4. Training and support for City personnel

6. Specialized Programs

6.1. Warrant round-up and amnesty program support

6.2. Pre-collection notification services

6.3. Media and outreach campaign assistance

7. Compensation Structure

7.1. The selected firm shall be compensated solely from a 30% collection fee that the

City Council authorizes to be added in accordance with Article 103.0031 of the Code of Criminal Procedure. To the extent that Article 103.0031 or other law prohibits the addition of such 30% collection fee to any Fines and Fees (e.g., Fines and Fees incurred as a result of an offense committed before June 18, 2003), the selected firm’s compensation shall be $0.00

7.2. Compensation shall only be paid on amounts successfully collected, in accordance with Article 103.0031 of the Texas Code of Criminal Procedure.

7.3. No fees will be paid in cases involving:

7.3.1. Dismissals or acquittals

7.3.2. Community service in lieu of payment

7.3.3. Jail credit satisfaction

7.3.4. Indigent determinations

8. Minimum Qualifications

8.1. Firms must demonstrate:

8.1.1. Experience in municipal court collections in the State of Texas

8.1.2. Knowledge of applicable laws, including:

8.1.3. Texas Code of Criminal Procedure

8.1.4. Fair Debt Collection Practices Act (FDCPA)

8.1.5. Texas Debt Collection Act

8.1.6. Proven success in collection performance

8.1.7. Ability to provide bilingual (English/Spanish) services

8.1.8. Access to advanced skip tracing and data research tools

8.1.9. Secure data handling and reporting systems

9. Submission Requirements Respondents shall include:

9.1. Firm Overview

9.1.1. History, size, and structure

9.1.2. Office locations and staffing

9.2. Relevant Experience

9.2.1. Experience with Texas municipalities

9.2.2. Similar projects and outcomes

10. Proposed Approach

10.1. Collection methodology

10.2. Technology and systems used

10.3. Implementation plan and timeline

11. Project Team

11.1. Key personnel and qualifications

11.2. Attorney involvement and oversight

12. Compliance & Legal Knowledge

12.1. Approach to regulatory compliance

12.2. Policies for handling disputes and complaints

13. Reporting & Communication

13.1. Sample reports

13.2. Communication protocols

14. References

14.1. At least three municipal clients

15. Evaluation Criteria Submissions will be evaluated based on:

15.1. Relevant experience and past performance

15.2. Demonstrated success in collections

15.3. Understanding of legal and regulatory requirements

15.4. Quality of proposed methodology and technology

15.5. Qualifications of personnel

15.6. Ability to meet City needs and timelines

16. Term of Contract

16.1. The City anticipates entering into a contract for an initial term of five (5) years, with options for renewal as determined by the City.

17. General Conditions

17.1. The City reserves the right to reject any or all submissions

17.2. The City may request additional information or interviews

17.3. Submission of a response does not guarantee contract award

17.4. All materials submitted become property of the City

18. Equal Opportunity The City of Midland is an Equal Opportunity Employer and encourages participation from all qualified firms.

19. WAIVER:

WAIVER OF CLAIMS ARISING FROM THE COMPETITIVE REQUEST FOR

QUALIFICATION PROCESS OF AWARD OF CONTRACT.

BY SUBMITTING A STATEMENT OF QUALIFICATIONS, EACH SUBMITTER

AGREES TO AND DOES HEREBY WAIVE ANY CLAIM THE SUBMITTER HAS

OR MAY HAVE AGAINST THE CITY AND/OR THE CITY’S EMPLOYEES,

AGENTS AND OFFICERS, ARISING OUT OF OR IN ANY WAY CONNECTED

WITH THE FOLLOWING:

1. THE ADMINISTRATION, EVALUATION OR RECOMMENDATION OF ANY

STATEMENT OF QUALIFICATIONS.

2. WAVIER OR DELETION OF ANY OF THE REQUIREMENTS UNDER THE

STATEMENT OF QUALIFICATIONS OR THE CONTRACT DOCUMENTS.

3. ACCEPTANCE OR REJECTION OF ANY STATEMENT OF QUALIFICATION.

4. AWARD OF CONTRACT.

By submitting a Statement of Qualifications, the submitter acknowledges that he or she understands all terms of the proposal documents and consents to the competitive selection process and the possibility of a negative assessment. By submitting a Statement of Qualifications, the submitter acknowledges and agrees that there was and is no disparity of bargaining power between the submitter and the City.

The submitter agrees that this is the intentional relinquishment of the above listed presently existing known rights.

20. WAIVER OF ATTORNEY FEES

BY SUBMITTING A STATEMENT OF QUALIFICATIONS, EACH SUBMITTER

AGREES TO WAIVE AND DOES HEREBY WAIVE ANY CLAIM THE SUBMITTER

HAS OR MAY HAVE AGAINST THE CITY AND/OR ITS RESPECTIVE

EMPLOYEES AND REPRESENTATIVES, FOR THE AWARD OF ATTORNEY

FEES, ARISING OUT OF OR IN CONNECTION WITH THE ADMINISTRATION,

EVALUATION, OR RECOMMENDATION OF ANY STATEMENT OF

QUALIFICATIONS, WAIVER OF ANY REQUIREMENTS UNDER THIS RFP,

ACCEPTANCE OR REJECTION OF ANY STATEMENT OF QUALIFICATIONS,

AND AWARD OF THE CONTRACT. BY SUBMITTING A STATEMENT OF

QUALIFICATIONS, THE SUBMITTER SPECIFICALLY WAIVES ANY RIGHT TO

RECOVER OR BE PAID ATTORNEY’S FEES FROM THE CITY OR ANY OF THE

CITY’S EMPLOYEES AND REPRESENTATIVES UNDER ANY OF THE

PROVISIONS OF THE TEXAS UNIFORM DECLARATORY JUDGMENTS ACT

(TEXAS CIVIL PRACTICE AND REMEDIES CODE, SECTION 37.001, ET SEQ.,

AS AMENDED).

The submitter agrees that this is the intentional relinquishment of a presently existing known right.

By execution and submission of a Statement of Qualifications under this RFQ, the submitter hereby represents and warrants to the City that the submitter has read and understands the RFQ and the Statement of Qualifications is submitted in accordance with this RFQ. The submitter acknowledges that it understands all terms within the proposal documents, which include the waiver provisions, and that it had the right to consult with counsel regarding all of the above documents.

This section shall not be construed as a Waiver of Sovereign Immunity.

SOVEREIGN IMMUNITY

The City is not waiving its right of sovereign immunity. The City is retaining its immunity from suit. The City is not granting consent to be sued by legislative resolution or action.

THERE IS NO WAIVER OF SOVEREIGN IMMUNITY.

21. STATEMENT OF QUALIFICATIONS (SOQ) SUBMITTAL

21.1. NUMBER OF COPIES OF THE SOQ NEEDED: An electronic copy in PDF format on Bonfire, or the provider shall provide one (1) hard copy and one

(1) electronic copy in PDF format on Flash Drive of the SOQ submittal.

22. OFFICALS NOT TO BENEFIT: No City employee, City Council member or elected official shall be admitted to any share or part of this contract, or to any benefit that may arise there from.

23. REJECTION OF SOQs: The City reserves the right to reject any and all SOQs received as a result of this Request for Qualifications or to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the City. The City does not intend to pay for the information solicited or obtained through any response.

24. INCURRING COSTS: The City is not liable for any cost incurred by the service provider prior to the issuance of a contract.

25. INQUIRIES: Questions regarding this RFQ must be submitted by emailing to purchasing@midlandtexas.gov or submitting through Bonfire. Questions and answers that change or substantially clarify the Request for Qualifications will be affirmed in writing on an Addendum through Bonfire. Consultants receiving the RFQ via Internet download should be certain to provide appropriate contact information utilizing the interactive form provided on the Internet site. Any inquiries relating to this RFQ must be received in writing with contact information and received no later than 12:00 PM Friday, May 8, 2026. Any necessary request for clarification, delineation, or explanation of a Firm's SOQ will be made in writing by the Director of Utilities, or other designated agent.

26. ADDENDA TO THE REQUEST FOR QUALIFICATIONS: In the event it becomes necessary to revise any part of this RFQ, addenda will be provided to all service providers who received the RFQ prior to the response date.

27. RESPONSE DATE: To be considered, SOQs must arrive through Bonfire electronically or at the issuing office or department no later than 2:00 pm on Thursday, May 14, 2026. Service providers mailing SOQs should allow time for normal mail delivery to ensure timely receipt of their SOQ.

28. TYPE OF CONTRACT: The City uses its own professional services agreement in contracting professional services. The characteristics of that agreement include:

28.1.1. An indemnification provision holding the City harmless from negligence on the part of the professional, professional's employees, agents or consultants.

28.1.2. A requirement that the service provider comply with all Federal, State, and local requirements and is responsible for obtaining all applicable permits, licenses and reviews relating to the project.

28.1.3. A requirement that the service provider carry and show proof of comprehensive general liability insurance, including contractual liability and worker’s compensation as required by law and the City of Midland.

29. ACCEPTANCE OF RFQ AND SOQ CONTENT: To be considered, service providers must submit a complete response to this Request for Qualifications. The contents of this RFQ and the SOQ of the selected service provider(s) and its sub-consultants may become contractual obligations, if a contract ensues. Each of the

SOQs must have an original signature by an official authorized to bind the firms to its provisions. The service provider will make no other distribution of the SOQs.

30. SOQ PREPARATION/FORMAT: Each SOQ should be prepared providing a straightforward, concise description of the respondent's ability to meet the requirements of the RFQ. Emphasis should be on completeness and clarity of content. Failure to follow the format guidelines included herein shall be grounds for disqualification from consideration.

31. Each individual statement of qualification must not exceed a maximum of 7 pages in total length. Within those 7 total pages, the City of Midland asks each of the firms to place the following information:

31.1.1.1. Letter of Interest (2.) Team’s Organizational Chart (3.) Team’s Introduction/Qualifications, (4.) Firm’s Introduction of Project Manager and Team Leads, (S.) Project Manager’s and Team Lead’s project experience with municipal projects, (6.) Team's Staff Availability, and (7.) Conflict of Interest Questionnaire.

31.1.1.2. Resumes will be allowed to be placed in the back of the statement of qualifications as an appendix and will not count towards the maximum page count. Firms are reminded to assemble their statement of qualifications in the order mentioned above to assist the RFQ Review Committee in grading each of the submittals.

31.1.1.3. A single-sided printed page will count as one (1) page. Font shall be Arial and size 12. The margins shall be 1" all around on letter size paper only. The page number shall be a header or footer (0.5" top or bottom).

32. PRIME CONSULTANT RESPONSIBILITIES: The selected service provider will be required to assume responsibility for all services offered in the Statement of Qualifications whether or not the service provider produces them. Furthermore, the City will consider the selected service provider to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

33. FEDERAL PROJECT REQUIREMENTS: In addition to other requirements and on occasion, the consultant will be asked to work on combined Federal/State/Local funded projects. On-call consultants may be required to provide qualifications (i.e.

DBE team participation, EEO compliance, etc.) to perform work on these types of projects as needed. This is not mandatory that the on-call consultant possesses these types of qualifications to perform usual city funded work.

34. INFORMATION REQUIRED FROM SERVICE PROVIDER:

34.1. COVER CITATION: The following citation should be on the cover:

City of Midland 300 N. Loraine

Midland, TX 79702 Statement of Qualifications for:

Professional Legal Services for Collection of Delinquent Municipal Court Fines and Fees

RFQ 26004296

May 14, 2026

34.2. LETTER OF INTEREST: The transmittal letter must include the following:

34.2.1. Brief statement of understanding of the work to be performed and a positive commitment to perform the work in a timely manner.

34.2.2. Name of the contact person or representative of the firm, their title, address and phone number. State whether the contact person is authorized to bind the firm. If not, provide the name of the individual who is authorized to bind the firm.

34.3. TEAM’S ORGANIZATIONAL CHART: The respondent will provide information about the Team’s organization through the use of a prepared chart.

Include the names of the proposed Project Manager and key personnel to be committed to the Team.

34.4. TEAM QUALIFICATIONS: The respondents will provide a brief introduction of the firm(s) combined to make up the proposed team. Be sure to include:

34.4.1. The name and business address of the firm and principal who would be responsible for the work.

34.4.2. The contributing skill set provided by each Firm.

34.5. PROJECT MANAGER & TEAM LEADS INTRODUCTION: The

respondent will provide a more in- depth introduction to the proposed Project Manager and the Team Leads. Provide a brief narrative on the Project Manager and the Team Leads to describe their education, professional licenses, years pf experience and expertise.

34.6. PROJECT MANAGER & TEAM LEADS WORK EXPERIENCE:

34.6.1. A list of municipal projects recently completed or under design by the PM and Team Leads of similar scope' to recent City of Midland projects with approximate construction costs and dates completed.

34.6.2. A list of references with names and phone numbers.

34.6.3. Describe how the referenced projects are similar in nature with City of Midland projects in terms of planning, development and infrastructure design.

34.7. TEAM MEMBER’S AVAILABILITY: The respondent will provide a more in-depth introduction of any sub-consultants proposed to be used. Provide a list of current project load and estimated availability in percentage (%).

34.8. CONFLICT OF INTEREST QUESTIONNAIRE: The respondent will provide a prepared and signed copy of a CIQ Form.

34.9. PREVIOUS LEGAL ACTIONS: The respondent will provide a list of legal actions within the past five (5) years the firm, subcontractors or project team have been associated with, related to the Services Required in Section 1.5.