RFQ Bond Counsel Final
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CITY OF KALISPELL REQUEST FOR QUALIFICATIONS
Kalispell's Bond/Tax Counsel Services 1 - GENERAL INFORMATION
1.1 Pursuant to the authority granted to it under MCA 7-5-4301(2)(a), the City of Kalispell seeks to procure
qualified Bond/Tax and/or Disclosure Counsel recognized in the practice of City specific debt issuances (“Professional Service Provider”) for a period of three years with the potential for extension to participate in the issuance of City Revenue Bonds and other debt instruments which may be required from time to time to finance additions and improvements of the City.
1.2 The Statement of Qualifications (SOQ) must be received by the City Clerk at 201 First Avenue East, (PO Box 1997, 59903), Kalispell, Montana, by 3:00 p.m. local time, May 20, 2024. 1.3 Questions pertaining to the selection process should be directed to Johnna Preble, City Attorney, at
(406) 758-7709 or jpreble@kalispell.com.
1.4 The City of Kalispell shall not be held responsible for any oral instructions. Any changes to this Request for Qualifications (RFQ) will be in the form of an addendum, which will be furnished to all registered RFQ holders.
1.5 The City of Kalispell reserves the right to reject any or all SOQs, to waive any informality or irregularity in any SOQ received, and to be the sole judge of the merits of the respective SOQs received. 1.6 A pre‐submittal conference for the SOQ will not be held. Individuals can contact Johnna Preble for
inquiries on the RFQ submittal. 1.7 The Professional Service Provider will be selected on the basis of demonstrated competence and qualification for the type of services required, and thereafter the City will negotiate the services agreement with what it deems to be the most qualified individual or firm.
2 ‐ ANTICIPATED SCOPE OF WORK
After being selected, the Professional Service Provider will execute a services agreement with the City to
provide the scope of work set forth below. The Professional Service Provider and the City shall negotiate the exact scope of work after the selection. 2.1 Background
The City is a municipal corporation and political subdivision of the State of Montana. Revenues are received from property taxes, fees for services, and grants. 2.2 Required Scope of Services for Bond/Tax Counsel Services
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The specific services to be performed shall be determined from time to time by the City. The
individual(s) or firm(s) qualified to provide Bond/Tax Counsel Services will be required to perform all
services and duties customarily and usually performed by Bond/Tax Counsel preliminary to and accompanying the rendering of an approving opinion as to the legality and tax exempt status of, and the sale of, City revenue bonds or other debt instruments. Services to be performed by Bond/Tax Counsel shall include, but are not limited to, the following Scope of Work:
1. Review the financing programs and funds proposed from time to time by City staff and its
financial advisor(s) and provide advice as to compliance of the program with applicable law,
pending or proposed revisions in the law, including U.S. Treasury rules and regulations, and the
City’s Bond Resolution and other governing documents.
2. Services Relative to Primary Debt Offerings
a. Serve as a member of the City’s financing team and attend meetings and participate in
conference calls of the City and its committees, when so requested;
b. Advise as to procedures, required approvals and filings, schedule of events for timely
issuance, and other legal matters relative to capital projects, and the issuance of the bonds
or other debt instruments, whether the financing is undertaken by competitive bid or
negotiated sale;
c. Prepare an appropriate resolution and any amendments thereto in order to authorize the
issuance of the bonds or other debt instruments;
d. Prepare any amendments or supplements to the City’s Bond Resolution, and prepare
trustee, registrar or paying agent agreements or similar documents necessary or desirable
in connection with the financing;
e. If sale is by competitive bid, assist in preparation of the bid documents, notice of sale,
and any other documentation or action necessary to conduct a sale of the bonds in that
manner;
f. If sale is negotiated, assist in the review of the bond purchase agreement and preparation
of any other documentation or action necessary to conduct a sale in that manner;
g. Review the preliminary official statement and official statement and preparation of the
award resolution, and any amendments thereto, for the sale of the bonds;
h. Prepare, obtain, deliver and file all closing documents necessary in connection with the
sale and issuance of the bonds or other debt instruments;
i. Provide bound and electronic copies of the closing documents in the number requested by
the City;
j. Issue standard, comprehensive Bond/Tax Counsel opinions as to the legality of the bonds
or other debt instruments, the security for their payment and the exemption from federal
income taxation of the interest on the bonds and other appropriate opinions that may be
required; and
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k. Prepare documentation in connection with any public hearing and approval process
related to the issuance of debt by the City.
3. Review or prepare, as directed by the City Attorney, all pleadings for filing in the validation
proceedings, if any.
4. Review the transcript of all proceedings in connection with the foregoing and indicate any
necessary corrective action.
5. Advise the City with respect to matters concerning capital projects, its outstanding senior lien
bonds, subordinate debt, other parity indebtedness, and any other financial matters related to the
issuance of debt or investments of debt proceeds that may be requested by the City.
6. Provide assistance with the interpretation of, and preparation of amendments to, the Bond
Resolution as required.
7. Advise the financing team as to tax matters relative to issuance of debt instruments and
determination of tax status of project (e.g. AMT, Non-AMT or Taxable).
8. Assist the District in complying with applicable Federal and State tax laws and regulations.
9. Provide general advice and consultation to the City and its financing team related to tax issues.
Educate City staff on applicable tax regulations associated with their debt offerings and assist in
establishing guidelines and procedures for monitoring the use of proceeds to comply with all tax
regulations.
10. Proactively advise the City about required filings and other compliance issues, and changes or
proposed changes in applicable law and regulations.
11. Perform such other services related to the foregoing as may be requested by the City from time
to time.
3 ‐ STATEMENT OF QUALIFICATIONS SELECTION CRITERIA
3.1 The Professional Service Provider will be selected through a qualification‐based selection process.
Firms interested in providing requested scope of services to the City of Kalispell must submit a Statement
of Qualifications (SOQ) that addresses the following evaluation criteria. Applicants are encouraged to organize their submissions in such a way as to follow the general evaluation criteria listed below. Information included within the SOQ may be used to evaluate your firm as part of any criteria regardless of where that information is found within the SOQ. Information obtained from the SOQ and from any
other relevant source may be used in the evaluation and selection process.
3.2 Cover Letter (1‐page) containing at a minimum: Company name, contact name, address, fax number,
and email address.
3.3 Qualifier’s Minimum Requirements Qualifiers must meet the following minimum requirements. Qualifiers will address each requirement specifically in their SOQ. Each Qualifier must acknowledge and provide written documentation that their firm meets the Requirements.
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1. Qualifier must have municipal experience in the State of Montana.
2. Qualifier shall have a minimum of 5 years’ experience providing services of the type described
in the Scope of Services above. Qualifier shall provide an affirmative statement and/or
documentary proof of such experience with the SOQ submission.
3.4 Qualifications Criteria 1. General Company Information. Qualifier shall provide the name of Qualifier’s company or firm
(including the name of any parent company). Qualifier shall include:
a. Contact name and complete contact information of individual responsible for account
(“Lead Individual”).
b. Type of organization (corporation, sole proprietor, partnership, other).
c. Date the Lead Individual became licensed to practice law and date the firm was established.
d. Federal employer identification number.
e. Cover letter including a brief narrative description of the firm’s experience and
qualifications in representing public entities generally, and municipalities specifically, on
matters related to the scope of services set forth in Section 2 above. Qualifiers shall identify
if they are submitting a Presentation for Bond/Tax Counsel Service for the City.
If Qualifier is submitting SOQs for both Bond and Tax services, Qualifier must submit separate
SOQs and identify them accordingly.
2. Qualifier’s Experience and Qualifications and Deliverables.
a. Qualifier shall demonstrate the specialized experience and technical competence of the key
individuals and support staff who will provide the requested services, including but not
limited to, the proposed Lead Individual, and key staff in each firm (including
subconsultants). Knowledge, recent experience, and expertise of these key individuals
with clients of similar type and complexity as the City will be a material consideration.
b. Qualifier shall include information such as the firm’s past record of performance on
contracts with other government agencies or public bodies, including such factors as
quality of work, ability to meet schedules, cooperation, and responsiveness.
c. Qualifier shall provide a list of contracts with a similar scope of services active in
the past five years in which Qualifier was engaged by public entities. The list should
include client name and location, including address and phone number of client’s project
manager or primary contact, and location where services were provided if different from
client location, years of service, and role played (e.g., bond counsel), and meaningful
experience beyond transaction.
d. Qualifier shall identify the Lead Individual, highlighting their qualifications and
experience. Qualifier shall include the length of time and number of engagements the
Qualifier has with the proposed Lead Individual.
e. Qualifier shall provide the names, qualifications, and experience of the engagement team
(key employees, consultants, and subconsultants) to be assigned to the engagement.
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Qualifier shall include the length of time and number of engagements the Qualifier and the
Lead Individual have had with the proposed team.
f. As to each attorney, Qualifier shall include the following:
i. Whether the attorney is a member in good standing with the Montana Bar, and, if
so, the date of admission.
ii. The experience and qualifications of such attorneys in representing municipalities
specifically on matters related to the Scope of Work as set forth in Section 2 above.
iii. The amount of time such attorneys have been with the firm.
g. Qualifier shall identify one attorney to appear at various City meetings to provide counsel
on matters related to the Scope of Work.
h. If proposing for Bond/Tax Counsel, Qualifier shall identify the attorney or attorneys that
will prepare tax analyses, render tax opinions on City financings and provide tax advice to
the City on proposed financings, and briefly describe their experience in this area with
regard to public entities.
i. Qualifier shall provide resumes of its Engagement Team to be assigned to the project.
j. Qualifier shall describe the firm’s work with municipal bond issuers in the State of
Montana. Qualifier shall highlight its familiarity with State law, the firm’s ability to
practice law in the State, and its understanding of the legal and disclosure issues facing
issuers in the State.
k. Qualifier shall highlight its proposed overall approach to serving the City. Qualifier shall
explain what differentiates it from other firms in its approach.
l. Qualifier shall provide a minimum of three references from relevant municipal bond
issuers. Qualifier bears full responsibility for naming references which will respond to the
City’s reference checks. If the Qualifier’s references do not respond to the City’s reference
checks, the Qualifier’s evaluation could be adversely affected by non-responsive
references.
3.5 Evaluation of Qualifications and Interview Process
1. Qualifiers must meet the requirements as stated in Section 3 and demonstrate the capability
required to provide the services described in Section 2 Scope of Services.
2. The City reserves the right to solicit from available sources relevant information concerning a
Qualifier’s past performance, including with the City, and may consider such information in its
evaluation and selection of Qualifier.
3. Responses should address the information and questions below in a thorough and concise
manner.
4. Responses to this RFQ will be evaluated and the City may, at its discretion, invite one or more of
the Qualifiers that appear to be the most qualified to perform the requested services for
Bond/Tax Counsel to present/interview with the City. The purpose of such an interview would
be to allow Qualifiers to elaborate upon their Qualifications and respond to specific questions
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from the City before a recommendation for ranking of the Qualifications is made. Interviews,
along with the written Presentation will become part of the Qualifier’s response to be evaluated
by the City.
5. Evaluation Criteria:
a. Capability to perform all or substantially all aspects of the project and recent relevant
experience in municipal financing projects.
(MAXIMUM 35 POINTS)
b. Key personnel’s professional qualifications and experience, their ability to complete the
proposed scope of work, their reputation and professional integrity and competence, and
their knowledge of revenue bond issuances, and financing alternatives.
(MAXIMUM 35 POINTS)
c. Record of successful finance team participation, including, but not limited to, positive
ongoing relationships with other participants.
(MAXIMUM 10 POINTS)
d. Understanding the City’s potential challenges and special concerns.
(MAXIMUM 10 POINTS)
e. Capability to meet schedules and/or deadlines.
(MAXIMUM 5 POINTS)
f. Degree of interest shown in undertaking the scope of work and their familiarity with the
City.
(MAXIMUM 5 POINTS)
4 ‐ SUBMITTAL REQUIREMENTS
4.1 The SOQ shall include a one‐page cover letter plus a maximum of twenty (20) pages to address the
SOQ criteria specified in Section 3 (excluding resumes). Table of Contents and section divider pages do not count towards the total page count. 4.2 Six copies of the Statement of Qualifications must be submitted to the City Clerk at 201 First Avenue
(PO Box 1997, 59903), East, Kalispell, Montana, by 3:00 p.m. local time, May 20, 2024.
4.3 Failure to comply with the following criteria may be grounds for disqualification: 1. Receipt of submittal by the specified cut‐off date and time.
2. The number of originals and/or copies of the submittal specified. 3. Adherence to maximum page requirements. 4.4 Adherence to the maximum page criteria is critical; each page side (maximum 8 1/2” x 11”) with
criteria information will be counted. Pages that have photos, charts and graphs will be counted towards
the maximum number of pages. 4.5 Faxed materials will not be considered.
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5 ‐ SELECTION PROCESS AND SCHEDULE
5.1 A Project Evaluation Committee will evaluate each Statement of Qualifications (SOQ) according to the above criteria, as well as past performance evaluations, and select up to three finalists that will be Short Listed for the contract. The Evaluation Committee will evaluate the Short List and select the top qualified firm. If more information is required to select the top qualified firm, the Short List firms will
meet with the Project Evaluation Committee for interviews. The purpose of the interview will be to
expand on the information provided in the SOQ, not to repeat information already provided. Those firms selected for the Short List will be provided additional instructions by the City. Those firms not selected for further consideration will be notified.
5.2 The following tentative schedule has been prepared for evaluation of the SOQs. Individuals or firms
interested in this project must be available on the interview meeting date. SOQ due: May 20, 2024, at 3:00 p.m. local time Firms notified for interview: TBD
Interviews: TBD
5.3 Following the evaluation and interviews (if needed), the Project Evaluation Committee will determine a ranking for each Short List individual or firm based on the published criteria in 3.4 of this RFQ. Consideration will be given to both the written Statement of Qualifications and any oral presentations or
interviews. No other factors or criteria will be used in the qualification ranking.
5.4 The highest ranked individual or firm will be recommended to the City Manager and City Council for contract award.
5.5 Requests for debriefings or selection decisions shall be made in writing to the City. All information
submitted by individuals or firms and related Project Evaluation Committee evaluations and rankings shall be considered confidential until after contract execution and award by the City Council. 5.6 The City will enter into negotiations with the selected individual or firm and execute a contract upon
completion of negotiations for the professional services for City Council approval. Contract negotiations
will include, but not necessarily be limited to the following elements: scope of work, project timetable, products of work, and fees. If the City is unsuccessful in negotiating a contract with the highest ranked team, the City may then negotiate with the second or third highest ranked team until a contract is executed. If the list of preferred individuals or firms is exhausted without a contract being awarded, the City may
decide to terminate the selection process or re-advertise.
5.7 The City will not reimburse any cost associated with the preparation, submittal, or presentation of any Statement of Qualification. Individuals and firms are advised that in accordance with Montana law, any information submitted may be subject to public inspection. Individuals and firms are further advised that,
while the City is constrained by budget for this work, the City does not consider cost proposals or estimates
of fees in its evaluation of qualifications. Publication Dates: May 5, and May 12, 2024