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HomeMy WebLinkAbout118-22 RESOLUTIONof cnrF r7!•. �f ci ¢'�KAfi51F 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 118-22 File Number: 2022-0390 RFQ 22-02, CONNORS AND WINTERS, LLP: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CONNER & WINTERS, LLP, PURSUANT TO RFQ 22-02, TO PROVIDE LEGAL SERVICES FOR PUBLIC -PRIVATE PARTNERSHIPS, NEGOTIATIONS, CONTRACTS, AND CLOSING DOCUMENTS OVER A 5 YEAR PERIOD, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Contract with Conner & Winters, LLP, pursuant to RFQ 22-02, to provide legal services for public -private partnerships, negotiations, contracts, and closing documents over a 5 year period. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 5/17/2022 Page 1 Attest: Kara Pax on, City Clerk Treasurer City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0390 Agenda Date: 5/17/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.12 RFQ 22-02, CONNORS AND WINTERS, LLP: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CONNER & WINTERS, LLP, PURSUANT TO RFQ 22-02, TO PROVIDE LEGAL SERVICES FOR PUBLIC -PRIVATE PARTNERSHIPS, NEGOTIATIONS, CONTRACTS, AND CLOSING DOCUMENTS OVER A 5 YEAR PERIOD, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Contract with Conner & Winters, LLP, pursuant to RFQ 22-02, to provide legal services for public -private partnerships, negotiations, contracts, and closing documents over a 5 year period. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 511812022 Wade Abernathy City of Fayetteville Staff Review Form 2022-0390 Legistar File ID 5/17/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: 4/26/2022 Approval of RFQ 22-02 Contract with Conner & Winters, LLP for legal services to structure, negotiate, and implement a Public -Private Partnership for a proposed development in the Cultural Arts Corridor Civic Plaza, including contract negotiations, development agreement, and closing documents coordination and review; and approval of a budget adjustment. Budget Impact: 1010.090.6600-5314.01 General Fund Account Number Fund N/A N/A Project Number Budgeted Item? Yes Does item have a cost? No Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 17, 687.00 $ 2,079.00 15,608.00 $ 35,000.00 50,608.00 V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF May 17, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bonds and Construction Projects DATE: April 26, 2022 SUBJECT: RFQ-22-02 Contract for Legal Services for Public Private Partnerships negotiations, contracts, and closing documents. RECOMMENDATION: Staff recommends approval of RFQ-22-02 Contract with Connors and Winters LLP., for Legal Services for Public Private Partnerships, Negotiations, Contracts, and Closing Documents over a 5-year period and approve a budget adjustment. BACKGROUND: In early 2021, Council gave direction to hire a 3rd party Legal Firm familiar with Real Estate negotiation and contracts for the Public Private Partnership related to the Replacement Parking Deck and the North Civic Plaza property. DISCUSSION: With potential Public Private Partnership opportunities in the future, Administration thought it prudent to use as a precedent Council's direction on past Partnerships. In March of this year, City's Purchasing Division advertised for and RFQ 22-02 for Legal Services. Connors and Winter LLP., was selected by a committee based on not only their qualifications, but mostly on the overall good experience on the previous services they provided. This contract is for a 5 year period. BUDGET/STAFF IMPACT: A budget adjustment in the amount of $35,000 from General Fund Legal Services Account. Attachments: Contract for Legal Services RFQ Connors & Winter Response to RFQ Certificate of Insurance Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF CONTRACT FOR LEGAL SERVICES - FAY E T T E V I L L E Reference: RFQ 22-02, Legal Services A R KA N SAS Vendor: Conner & Winters, LLP Term: Five (5) years through June 31, 2027 This contract executed this day of �vi[x. 2022, between the City of Fayetteville, Arkansas acting by and through its Mayor (hereinafter called CITY OF F YETTEVILLE or CITY), and Conner & Winters, LLP (hereinafter called Conner & Winters) in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The City of Fayetteville desires to hire Conner &Winters, LLP to provide legal services as explained in RFQ 22-02 during the term of this agreement. Conner & Winters, LLP was selected by a City of Fayetteville selection committee after a competitive Request for Qualifications process, hereby identified as RFQ 22-02 Although Conner & Winters, LLP was considered during this selection process, the City's excellent experience working with Vicki Bronson was a major component of the City's selection of Conner & Winters, LLP as its Legal Counsel. 2. The City of Fayetteville agrees to negotiate with Conner & Winters, LLP to determine the proper and fair Legal Counsel Fee for each of these services. 3. Conner & Winters LLP agrees to continue services to the City of Fayetteville as its Legal Counsel and to negotiate with the City for each Public -Private Partnership Agreement concerning the fair amount of Legal Counsel Fee. Conner & Winters LLP agrees to not charge further fees without prior written agreement with the City of Fayetteville. 4. This contract shall be effective from the date of its approval by both parties until June 31, 2027. However, in the event Vicki Bronson is no longer is the primary assigned person for the City of Fayetteville's proposed Legal Services, the City of Fayetteville may terminate this contract within thirty (30) days written notice to Conner & WintersLLLP and engage in another Request for Qualifications selection process. Furthermore, both parties have a right to terminate this contract upon ninety (90) calendar days written notice to the other party. In the event of termination, claims for compensation owed the consultant by the City shall be limited to verifiable services rendered. 5. The Contract documents which comprise the contract between the City of Fayetteville and Conner_& Winters, LLP consist of this is Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: Request for Statements of Qualification identified as RFQ 22-02 with the specifications and conditions typed thereon. b. Appendix B: Conner & Winters. LLP statement of qualification c. Appendix C: Conner & Winters, LLP Certificates of Insurance d. Appendix D: Conner & Winters, LLP Fee Structure 6. These Contract documents constitute the entire agreement between the City of Fayetteville and Conner & Winters, LLP and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Conner & Winters, LLP. 7. Conner & Winters, LLP shall not assign its duties under the terms of this agreement. 8. Conner & Winters LLP agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Conner & Winters, LLP performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. City of Fayetteville, AR Contract: RFQ 22-02 Legal Counsel Page 1 of 2 9. Conner &_ Winters, LLP shall furnish certificates of insurance addressed to the City of Fayetteville, showing coverage for insurance listed in Appendix C which shall be maintained throughout the term of the Contract. Such certificate shall be provided to the City within seven (7) calendar days after contract award. a. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance,.Canner & W_inters,_LLP shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by_Conner & Winters, LLP, 10. Conner & Winters, LLP to furnish proof of licensure as required by all local and state agencies. 11. Freedom of _Information_ Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A, 25- 19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 12. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. In agreement with all the terms and conditions above, we sign below: Conner d Win LLP CyLionjeldJorda YETTEVILLE, RKANSAS By- _ Vicki Bronson, Partner , a r ATTEST: dti Kat Paxt City Clerk Treasure �01�listjo K �I �TR1*, =C-3; FAYET- EVILL'` ; v• G] •�� .p .RKAN`P•': City of Fayetteville, AR Contract: RFQ 22-02 Legal Counsel Page 2 of 2 City of Fayetteville, AR CITY OF Purchasing Division, Room 306 FAY E T T E V I L L E 113 W. Mountain Street A R KA N SAS Fayetteville, AR 72701 Phone: 479-575-8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 REQUEST FOR QUALIFICATION: RFQ 22-02, Legal Services DEADLINE: Tuesday, March 08, 2022 before 2:00:00 PM, local time DELIVERY LOCATION: City's online procurement portal at http://bit.ly/FayetteviIIeBids PURCHASING AGENT: Jonathan Smith, ionsmith@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Sunday, February 13, 2022 REQUEST FOR STATE f�1��OFQGbLIFICATION RFQ 22-0YtLeeal SmWes: � Structure, negotiate, for a proposed deveJyIlli No late qualifications will be ted. RFQ's shall be submitted in nwrI RFQ documents attached he supply all information request d 'm ement I ivate Partne e n the 4al or �za O w6ith th t�che of Fayetteville specifications and o � P er is eci to fill in every blank and shall III r s m sed as basis of rejection. The undersigned hereby offers to furnish & deliver the arti7cle! strict accordance with the specifications and general conditi4 not subject to withdrawal unless upon mutual written agre�em Name of Firm: Contact Person: E-Mail: Business Address: City: Signature: City of Fayetteville, AR RFQ 22-02, Legal Services Page 1 of 15 i es as specified, at the prices & terms stated herein, and in ,W5mitting, all of which are made a part of this offer. This offer is by the Proposer/Bidder and City Purchasing Manager. woe Title: Phone: State: Zip: Date: City of Fayetteville RFQ 22-02, Legal Services Advertisement City of Fayetteville, Arkansas Request for Statements of Qualification RFQ 22-02, Legal Services The City of Fayetteville, Arkansas, is requesting statements of qualifications from firms interested in providing legal services. These services will include, but are not limited to, contract negotiations, development agreements, and closing document coordination and review. All questions related to this RFQ should be directed to Jonathan Smith, Senior Purchasing Agent, at 479-575-8220 or email lonsmith@fayetteville-ar.gov. To be considered, statements of qualification shall be submitted on the City's electronic bidding portal before Tuesday, March 08, 2022 before 2:00:00 PM, local time. Statements of qualification will only be accepted before the deadline. Forms & addendums can be downloaded from the City's web site at http://fayetteville-ar.gov/bids. All questions regarding the process should be directed to Jonathan Smith at lonsmith@fayetteville-ar.gov or (479)575-8220. A non -mandatory pre -response conference will be held T ee y, Febr, ry 22, 2022 at 10 AM virtually via Zoom. Information regarding the pre -response conference is aiS on t ject page on the City's electronic bidding platform. All interested parties are encouraged to att .*0 e •��G O� Statements of qualification submitted shall be qua ifi o do b>y ens and sed in acc rda e with all applicable laws of the state and local governments where th ect is loca Pursuant to Arkansas Code Annotat -9-203 Th i of FayIRe enco es all qualified small, minority and women business enterprises to bi d rec e contract oods, i s, and construction. Also, City of Fayetteville encourages all general co ractors t ontra t ns o eirNontract to qualified small, minority and women business enterprises. The Cityof Fayetteville reserves the �h re' ct n all als and to waive irregularities therein and all ��I��► Proposers shall agree that such rejection be iabilij e part of the City of Fayetteville for any damage or claim brought by any Proposer because of the City of Fayetteville because of such rej( an agreement of the Proposer to these con CITY OF FAYETTEVILLE, ARKANSAS By: Jonathan Smith, Senior Purchasing Age Phone: 479-575-8220 roposers seek any recourse of any kind against sal in response to this invitation shall constitute TDD (Telecommunications Device for the Deaf): 479-521-1316 Ad date: 02/13/2022 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX City of Fayetteville, AR RFQ 22-02, Legal Services Page 2 of 15 City of Fayetteville RFQ 22-02, Legal Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT OF QUALIFICATION SHALL INCLUDE: a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFQ in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. The term proposal is used in this document as equal to statement of qualification. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFQ. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFQ. c. Electronic Submittal: Proposers are required to go to www.fayetteville-ar.gov/bids and follow the prompts to submit a statement of qualifications within the electronic bidding platform. Physical submittals are not allowed for this RFQ. i. SOQ's shall be prepared simply an Aonomically, providing a straightforward, concise description of its ability to mee e Oliquirem is for the project. Fancy bindings, colored displays, and promotional mate XLYe not d. Emphasis sho d be on completeness and clarity rent. ,ill tals shall be form to r standard 8 %" x 11" size documentatio cc ions �^� e s hematics, ex e-page resumes, and City required f s. P posal h be limit twe (25) pages or less, excluding one- p to res ferencVia for m0eired by the City for An completion. A oposals s e uplo _` PDF f mat to the City s electronic platform o e sta d d line. % . 54 Jh, d. Proposals will be reviewed g the eadlin s�iown on the cover sheet of this document. Only the names of Pro osi e a after t dine until a contract has been awarded by the Fayetteville City Counc inter rties un e and proposal documents will not be available until after a valid contract has een exe e and at me only for the intended selection. e. Proposers shall submit a statement of f on based on documentation published by the Fayetteville Purchasing Division. f. Proposals shall be enclos63* in d envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room Mountain,Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ numb e on the outside of the packaging as well as on any packages enclosed in shipping containers or b g. Proposals must follow the format of the RFQ. Proposers should structure their responses to follow the sequence of the RFQ, if provided. h. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer may furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. i. Proposer is advised that exceptions to any of the terms contained in this RFQ or the attached service agreement must be identified in its response to the RFQ. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. City of Fayetteville, AR RFQ 22-02, Legal Services Page 3 of 15 j. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office. k. Proposer shall provide proof of insurance coverage as required by Section 26 below. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department at jonsmith@fayetteville-ar.gov. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFQ made or given prior to the award of the contract. 3. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. C. d. e. f. 9. h. The City of Fayetteville reserves the right to s11 he proposal that it believes will serve the best interest of the City. [� The City of Fayetteville reserves the r t� 3 cept or a✓ny or all proposal . The City of Fayetteville reserves t gh /11 canc Or request. The City of Fayetteville reser e ght to r ei or waive c n i c a terial errors in the request for statements of qualific i�o 2sul ittaI., The Cityof Fa ettevi rves t e ri re u �c�sX rifications additional information Y q� , or proposal data wit angin terms of posal. The City of Fayetteville reser e right e sel of the Proposer to perform the services required on the basis of th I prop a withou ation. The City of Fayettevill ' tends o i ' t e re ei roposals for applicable legal services for private public partnership . Djec s throug by f an annual renewable contract. The City reserves the right to award one or more cont acts fr Q. 4. EVALUATION CRITERIA: The evaluation criterion defines the facto�r��will be used by the selection committee to evaluate and score responsive, responsible and qualified pr oposers shall include sufficient information to allow the selection committee to thoroughly evaluate and or proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to be ranked. 5. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 6. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. City of Fayetteville, AR RFQ 22-02, Legal Services Page 4 of 15 CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Jonathan Smith, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 8. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn at any time. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after MirVset for proposal submittal shall not be considered. Modifications in writing received prior o t adline accepted. The Cit I not be responsible for misdirected bids. Proposers sh a the Pwc as Division at (479) 57 82 o ensure receipt of their submittal documents prior t o e g time to li ed. b. The time set for the deadlin s be local or Fayettevi , AR on e listed. All proposals shall be received in the Purch n sion he dEw tated. he cial clock to determine local time shall be the ato ck located Purcha ision,i 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 10. LOCAL STATE AND FEDERAL COMPLIANC IRE a. The laws of the Stat of nsas a any p e made under this request for statements of qualification. Propose all co th all a ►state, and federal directives, orders and laws as applicable to this proposal and su equent c t t(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Busin s rprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotate - -203 The City of Fayetteville encourages all qualified small, minority and women business ent prises to bid on and receive contracts for goods, services, and construction. Also, City of Fayet ncourages all general contractors to subcontract portions of their contract to qualified small, ino§r and women business enterprises. 0 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTTO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. City of Fayetteville, AR RFQ 22-02, Legal Services Page 5 of 15 b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case 13. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: 15 16 All standard terms and conditions stated in this request for statements of qualification apply to this contract except as specifically stated in the subsequent sections of this cument, which take precedence, and should be fully understood by Proposers prior to submitting a propos t i require went. ADA REQUIREMENT FOR PUBLIC NOTICES & TRA TbN: QJ • Persons with disabilities requiring reasonabl c mrPodati par i ate in thi pro ing/event, should call 479.521.1316 (telecommunications devi or t deaf), o ter tha n d o the deadline. Persons needing translation of this document I c ct t e I Fayette ille, urchasi D ision, immediately. PAYMENTS AND INVOICING: a► O The Proposer must specify in th�1r ro o `exact n na a a address which must be the same as p p Y p p� � Y invoices submitted for payment as a resu award RFQ. F , the successful Proposer is responsible for immediately notifying the Purchasing f a pany nao• ange, which would cause invoicing to change from the name used at the time o e igina F y entew Wmade within thirty days of invoice received. The City of Fayetteville is very credit wort and wi y an st or penalty for untimely payments. Payments can be processed through Proposer's acceptance f Visa ditional costs to the City for expedited payment processing. The City will not agree to allow any it hourly rates by the contract without PRIOR Fayetteville City Council approval. 17. CANCELLATION: a The City reserves the right ca cel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of Me intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. City of Fayetteville, AR RFQ 22-02, Legal Services Page 6of15 d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 18. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment or subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work or utilize the services of any firm or attorney not directly associated with the Proposer, the Proposer shall disclose such intent in the proposal submitted as a result of this RFQ. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFQ without exception shall constitute approval for purpose of this Agreement. 19. NON-EXCLUSIVE CONTRACT: Award of this RFQ shall impose no obligation on the it t utilize tl�endor for all work of this type, which may develop during the contract period. This is no sive c t. The City specifi reserves the right to concurrently contract with other companies fo i a work ii 't e s such an action t n City's best interest. In the case of multiple -phase contracts, this p v i shE Ilk. para to each ite 20. ADDITIONAL REQUIREMENTS: O' V The Cityreserves the right to re ddition&1se(brs relati is the Pro oser. When a roved b g � p pp Y the City as an amendment to thIcont�ract anhorized i g prio rk, the Contractor shall provide such additional requirements as may become ne 21. SERVICES AGREEMENT: V A written agreement, in substantia e for �ed, i ating the RFQ and the successful proposal will be prepared by the City, signed by the successful roposer esented to the City of Fayetteville for approval and signature of the Mayor. ^ 22 Proposers shall use the original RFQ for '�vled by the Purchasing Division and enter information only in the spaces where a response is reques edt Pr sers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on t riginal form for the Proposer to enter a complete response. Any modifications or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFQ response and presented in the form of an addendum to the original RFQ documents. 23. LOBBYING: Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bid der's/propose r's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization City of Fayetteville, AR RFQ 22-02, Legal Services Page 7 of 15 that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities or communication shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. DEBARRED ENTITIES: By submitting a statement of qualification, vendor states submitting entity is not a debarred contractor with the federal, any state, or local government. 25. OTHER GENERAL CONDITIONS: a. Proposers shall provide the City with proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request aZ- 400,1d *nal in ation it deems necessary from any or all Proposers after the submission deadline. �'�� (n)-itt, c. The request for statement of quali ttii nn not tvc f c nstrued as an offer a or a commitment of an kind; nor does it commit t it �fo a fo cost curred b o er in preparation. It shall Y � pay ��Y Y p p be clearly understood tha c is incu e y the ser ding to this request for statements of qualificatio i at Pro s nrisk d e pense ast of doing business. The City of Fayetteville shall n is le f Turse the Pr oser for any expense so incurred, regardless of whet n the p os s acce t d�. ►� d. If products, componen , or se ther t pose de ibeci�in this bid document are proposed, the Proposer must include com to escrip rature f �h. All requests for additional information must be received within fi g dWowing t �V est. e. Any uncertainties shag brou he at i of Jonathan Smith immediately via telephone (479.575.8220) or a -mail (ionsmi @favette ' le r. ov). It is the intent and goal of the City of Fayetteville Purchasing Division to pro v' ments providing a clear and accurate understanding of the scope of work to be completed a ods to be provided. We encourage all interested parties to ask questions to enable all Proposer to b on equal terms. f. Any inquiries or requests for e as in regard to the City's requirements should be made promptly to Jonathan Smith, City of yeett�e, Purchasing Agent via e-mail (ionsmith@fayetteville-ar.gov) or telephone (479.575.8220).ral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFQ. The RFQ is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFQ's content or to exclude any relevant or essential data. City of Fayetteville, AR RFQ 22-02, Legal Services Page 8 of 15 Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodie or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency shoul b discovered in these Contract Documents or in the specifications herein referred to, in relati t such IR17rdinance, regulation, order or decree, s/he shall herewith report the same in writi to of Fay t0i le. .6 & 26. INSURANCE: ` a. Any Proposer selected un r t s RFQ s aintain ro sional consistent with industry acce table covera es a ate o e It is h�'?nce ent of the City to accept the p g p Y p proposing entity's s insur nce rage c b u poser shall disclose all applicable insurance policies i at 1 e 2 of sub Certi of Insurance shall list the City as an additional insured and of be r r unles s select`` 27. TERMS: (;b V a. It is the intention of thhe ' of Fa to s ngle law firm to provide legal services throughout an initial one (1) year term with fo r (4) ad t renewable options. However, the City reserves the right to select multiple or additional leg 'rased on project needs. 28. SELECTION CRITERIA: The evaluation criterion below defines the, fact which will be used by the selection committee to evaluate and score responsive, responsible and qualrot ' proN als. The evaluation factors are as listed below. Firms shall not submit pricing of any kind including butimited to hourly rates, etc. 1) 30 Points — Specialized experience and technical competence of the firm with respect to the type of professional services required: a. Professional background of key personnel and experience real estate contracts and negotiations with a specific emphasis on public private partnerships. 2) 30 Points — Capacity and capability of the firm to perform the work in question including services, within the time limitations. City of Fayetteville, AR RFQ 22-02, Legal Services Page 9 of 15 3) 20 Points — Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines, and comparable current and completed projects, within the past years, accomplished by current staff and key personnel to be assigned to projects 4) 20 Points — Firm's proximity to and familiarity with the area in which the project is located including the location of main office and/or branch office that will provide legal services. "Note: Price will not be a considered factor used to select a vendor. In the event the City is not able to negotiate a successful contract with the selected vendor, the City reserves the right to cease negotiations with such selected vendor and proceed on to the next selected vendor. City of Fayetteville, AR RFQ 22-02, Legal Services Page 10 of 15 City of Fayetteville RFQ 22-02, Legal Services SECTION B: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): i1 � wV I certify that; as an officer of this organization, or the information provided herein are accurate an( Opportunity and Non -Discrimination require en 2. At the discretion of the City, one or firms, which may also include oral in,4 mail address, and phone number (pref( rlarifirntinn nr intPrviPw via tPlPnhnnP, Name of Firm: Name of Primary Contact: Title of Primary Contact: Phone#1 (cell preferred): ` Phone#2: E-Mail Address: authorization, 0-h uit�horized to certify i ompI State and Federal Equal y nt. 'Vffii submA where t1!$ Ci D'✓ `V -skmation before final ranking of the e City a primary contact name, e- selection committee can call for 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. City of Fayetteville, AR RFQ 22-02, Legal Services Page 11 of 15 ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. 4. As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. �entl ed, suspended, proposed for debarment, g Y Y p p Y p p p 4. Signature certifies that neither you nor our rinci a i)this declared ineligible, or voluntarily excluded from parti i ti' tr ion by any federal tment or agency. Questions regarding this form should be directed ity of t ville asing Divi ion. NAME: • COMPANY:AOL*'( O PHYSICAL ADDRESS: v MAILING ADDRESS: PHONE: E-MAIL: Signed by: SIGNATURE: PRINTED NAME: TITLE: DATE: City of Fayetteville, AR RFQ 22-02, Legal Services Page 12 of 15 2.) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR STATEMENT OF QUALIFICATIONS: a) I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; Name of Firm Printed Name Signature Title Date O4.�o City of Fayetteville, AR RFQ 22-02, Legal Services Page 13 of 15 City of Fayetteville RFQ 22-02, Legal Services SECTION C: Scope of Work 1. INTRODUCTION: The City of Fayetteville is soliciting statements of qualifications from law firms and/or properly licensed attorneys to provide legal services for contract negotiations, development agreement, and closing document coordination and review for a private public partnership project. The initial year of the contract shall begin in 2022 and be in effect for one (1) full year, with four (4) single year renewal options. 2. MINIMUM QUALIFICATIONS: Vendors, Proposers, Firms, Individuals (hereafter referred to as Proposers) shall show experience in providing legal services to municipalities. All individuals working on this scope of work shall be licensed attorneys authorized and permitted to practice law in the state of Arkansas. 3. GENERAL SCOPE OF SERVICES: The general scope of work shall consist of the various types of legal consultant services. The general tasks to be performed shall include but not limited to the following: a Public-Private^rtnershib for a bronosed development in Cultural Arts Corridor Civic Plaza O V �w a. Contract Negotiations: V b. Development Agreement: 4 c. Closing Documents Coordination and Revi \J i. Easements fo rail ess an$1i�i` rary ctio O ii. Lot Splits ` iii. Survey De � iS iv. Dee Warra Dee ` V. HU ment O vi. Owner isclog8e,6 D'� vii. Closing Cerr�I�$J�ns (J� JJJ 4. ADDITIONAL SERVICES: Th e lop me pr 'e �iay involve activities or studies outside the scope of the basic services routinely perform t e co S. These services may vary greatly in scope, complexity, and timing and may involve numb rent disciplines and fields of expertise. G� City of Fayetteville, AR RFQ 22-02, Legal Services Page 14 of 15 City of Fayetteville RFQ 22-02, Legal Services SECTION E: DBE Form The purpose of collecting this information is to comply with requirements at federal regulation 49CFR part 26.11(c) to maintain and update a Bidders List to assist in the overall annual goal DBE goal setting process. Firm Name: Phone: Address: Fax: Email: Contact Person: Is the firm currently certified as a DBE with the Arkansas U &Progr 7 El YES ❑ NO D' Type of work/services/materials provided by firm: v G O- `L J` O � P What were your firm's Gross Annual i for la yeas /A kO ❑ Less than $1 Million ❑ Less than $5 V ❑ han $ ,lion �0) ❑ Less than 15 Million ❑ Mor VP 5 ' io v N3 This form can be duplicated if necessary to report all bi sEs and non- DBEs) information. G� City of Fayetteville, AR RFQ 22-02, Legal Services Page 15 of 15 City of Fayetteville, AR CITY OF Purchasing Division, Room 306 FA'Y E T T E V i L L E 113 W. Mountain Street A R K A N S AS Fayetteville, AR 72701 Phone: 479-575-8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 - - - REQUEST FOR QUALIFICATION: RFQ 22-02, Legal Services DEADLINE: Tuesday, March 08, 2022 before 2:00:00 PM, local time DELIVERY LOCATION: City's online procurement portal at http://bit.ly/FavettevilleBids PURCHASING AGENT: Jonathan Smith, ionsmith@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Sunday, February 13, 2022 REQUEST FOR STATEMENT OF QUALIFICATION RFQ 22-02, Legal Services: Structure, negotiate, and implement a Public -Private Partnership for a proposed development in the Cultural Arts Corridor Civic Plaza No late qualifications will be accepted. RFQ's shall be submitted in accordance with the attached City of Fayetteville specifications and RFQ documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager Name of Firm: CONNER & WINTERS, LLP Contact Person: VICKI BRONSON E-Mail: VBRONSON@cwlaw.com Title: PARTNER Phone: 479-582-5711 Business Address: 4375 N. Vantage Drive, Suite 405 City: Fayet,eville State: AR Zip: 72703 Signature: - Date: ,90- oa f City of Fayetteville, AR RFQ 22-02, Legal Services Page 1 of 15 City of Fayetteville RFQ 22-02, Legal Services Advertisement City of Fayetteville, Arkansas Request for Statements of Qualification RFQ 22-02, Legal Services The City of Fayetteville, Arkansas, is requesting statements of qualifications from firms interested in providing legal services. These services will include, but are not limited to, contract negotiations, development agreements, and closing document coordination and review. All questions related to this RFQ should be directed to Jonathan Smith, Senior Purchasing Agent, at 479-575-8220 or email ionsmithCcisfayetteville-ar.gov. To be considered, statements of qualification shall be submitted on the City's electronic bidding portal before Tuesday, March 08, 2022 before 2:00:00 PM, local time. Statements of qualification will only be accepted before the deadline. Forms & addendums can be downloaded from the City's web site at htt,3://fayetteville-ar.gov/bids. All questions regarding the process should be directed to Jonathan Smith at jonsmithCalfayetteville-ar.gov or (479)575-8220. A non -mandatory pre -response conference will be held Tuesday, February 22, 2022 at 10 AM virtually via Zoom. Information regarding the pre -response conference is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. Statements of qualification submitted shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. CITY OF FAYETTEVILLE, ARKANSAS By: Jonathan Smith, Senior Purchasing Agent Phone: 479-575-8220 TDD (Telecommunications Device for the Deaf): 479-521-1316 Ad date: 02/13/2022 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX City of Fayetteville, AR RFQ 22-02, Legal Services Page 2 of 15 City of Fayetteville RFQ 22-02, Legal Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT OF QUALIFICATION SHALL INCLUDE: a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFQ in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. The term proposal is used in this document as equal to statement of qualification. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFQ. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFQ. c. Electronic Submittal: Proposers are required to go to www.fayetteville-ar.gov/bids and follow the prompts to submit a statement of qualifications within the electronic bidding platform. Physical submittals are not allowed for this RFQ, i. SOQ's shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All submittals shall be formatted for standard S %2" x 11" size documentation. Exceptions would be schematics, exhibits, one -page resumes, and City required forms. Proposals shall be limited to twenty- five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. All proposals shall be uploaded in a PDF format to the City's electronic platform prior to the stated deadline. d. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed and at that time only for the intended selection. e. Proposers shall submit a statement of qualification based on documentation published by the Fayetteville Purchasing Division. f. Proposals shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. g. Proposals must follow the format of the RFQ. Proposers should structure their responses to follow the sequence of the RFQ, if provided. h. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer may furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. Proposer is advised that exceptions to any of the terms contained in this RFQ or the attached service agreement must be identified in its response to the RFQ. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. City of Fayetteville, AR RFQ 22-02, Legal Services Page 3 of 15 j. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office. k. Proposer shall provide proof of insurance coverage as required by Section 26 below. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department at jonsmith@fayetteville-ar.gov. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFQ made or given prior to the award of the contract. 3. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for statements of qualification or resulting submittal. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. h. The City of Fayetteville intends on utilizing the received proposals for applicable legal services for private public partnership projects through 2026 by means of an annual renewable contract. The City reserves the right to award one or more contracts from this RFQ. 4. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to be ranked. 5. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 6. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. City of Fayetteville, AR RFQ 22-02, Legal Services Page 4 of 15 7. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Jonathan Smith, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 8. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn at any time. 9. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers should call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 10. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this request for statements of qualification. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. City of Fayetteville, AR RFQ 22-02, Legal Services Page 5 of 15 b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patentor copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for statements of qualification apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 17. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. City of Fayetteville, AR RFQ 22-02, Legal Services Page 6 of 15 d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 18. ASSIGNMENT SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment or subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work or utilize the services of any firm or attorney not directly associated with the Proposer, the Proposer shall disclose such intent in the proposal submitted as a result of this RFQ. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFQ without exception shall constitute approval for purpose of this Agreement. 19. NON-EXCLUSIVE CONTRACT: Award of this RFQ shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 20. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 21. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFQ and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 22. INTEGRITY OF STATEMENT OF QUALIFICATION {RFQ1, DOCUMENTS: Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFQ response and presented in the form of an addendum to the original RFQ documents. 23. LOBBYING: Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization City of Fayetteville, AR RFQ 22-02, Legal Services Page 7 of 15 that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities or communication shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. DEBARRED ENTITIES: By submitting a statement of qualification, vendor states submitting entity is not a debarred contractor with the federal, any state, or local government. 25. OTHER GENERAL CONDITIONS: Proposers shall provide the City with proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. The request for statement of qualification is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for statements of qualification is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention of Jonathan Smith immediately via telephone (479.575.8220) or e-mail (jonsmithefayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Jonathan Smith, City of Fayetteville, Purchasing Agent via e-mail (ionsmith@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFQ. The RFQ is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFQs content or to exclude any relevant or essential data. City of Fayetteville, AR RFQ 22-02, Legal Services Page 8 of 15 L Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INSURANCE: 27. TERMS: a. Any Proposer selected under this RFQ shall maintain professional insurance consistent with industry acceptable coverages as they relate to the scope of work. It is the intent of the City to accept the proposing entity's standard insurance coverage currently bound. Proposer shall disclose all applicable insurance policies in force at the time of submission. Certificates of Insurance shall list the City as an additional insured and not be required unless firm is selected. a. It is the intention of the City of Fayetteville to select a single law firm to provide legal services throughout an initial one (1) year term with four (4) additional renewable options. However, the City reserves the right to select multiple or additional legal firms based on project needs. 28. SELECTION CRITERIA: The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. The evaluation factors are as listed below. Firms shall not submit pricing of any kind including, but not limited to hourly rates, etc. 1) 30 Points — Specialized experience and technical competence of the firm with respect to the type of professional services required: a. Professional background of key personnel and experience real estate contracts and negotiations with a specific emphasis on public private partnerships. 2) 30 Points — Capacity and capability of the firm to perform the work in question including services, within the time limitations. City of Fayetteville, AR RFQ 22-02, Legal Services Page 9 of 15 3) 20 Points — Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines, and comparable current and completed projects, within the past years, accomplished by current staff and key personnel to be assigned to projects 4) 20 Points — Firm's proximity to and familiarity with the area in which the project is located including the location of main office and/or branch office that will provide legal services. "Note: Price will not be a considered factor used to select a vendor. In the event the City is not able to negotiate a successful contract with the selected vendor, the City reserves the right to cease negotiations with such selected vendor and proceed on to the next selected vendor. City of Fayetteville, AR RFQ 22-02, Legal Services Page 10 of 15 City of Fayetteville RFQ 22-02, Legal Services SECTION B: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 2. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e- mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Name of Firm: Conner & Winters, LLP Name of Primary Contact: Vicki Bronson Title of Primary Contact: Partner Phone#1 (cell preferred): 479-582-5711 Phone#2: E-Mail Address: vbronson@cwlaw.com 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. City of Fayetteville, AR RFQ 22-02, Legal Services Page 11 of 15 ADDENDUM NO. I SIGNATURE AND PRINTED NAME I DATE ACKNOWLEDGED 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. 4. As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. 4. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: COMPANY: VICKI BRONSON CONNER & WINTERS, LLP PHYSICAL ADDRESS: 4575 N. Vantage Drive, Suite 405, Fayetteville, AR 72703 MAILING ADDRESS: 4375 N. Vantage Drive, Suite 405, Fayetteville, AR 72703 479-582-5711 PHONE: E-MAIL: vbronson@cwlaw.com Signed by: SIGNATURE: PRINTED NAME TITLE: DATE: City of Fayetteville, AR RFQ 22-02, Legal Services Page 12 of 15 Vicki Bronson Partner March 4, 2022 FAX: 479-587-1426 2.) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR STATEMENT OF QUALIFICATIONS: a) I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; Conner & Winters, LLP Name of Firm Vicki Bronson Printe Name Signature Parther Title March 4, 2022 Date City of Fayetteville, AR RFQ 22-02, Legal Services Page 13 of 15 City of Fayetteville RFQ 22-02, Legal Services SECTION C: Scope of Work 1. INTRODUCTION: The City of Fayetteville is soliciting statements of qualifications from law firms and/or properly licensed attorneys to provide legal services for contract negotiations, development agreement, and closing document coordination and review for a private public partnership project. The initial year of the contract shall begin in 2022 and be in effect for one (1) full year, with four (4) single year renewal options. 2. MINIMUM QUALIFICATIONS: Vendors, Proposers, Firms, Individuals (hereafter referred to as Proposers) shall show experience in providing legal services to municipalities. All individuals working on this scope of work shall be licensed attorneys authorized and permitted to practice law in the state of Arkansas. 3. GENERALSCOPE OF SERVICES: The general scope of work shall consist of the various types of legal consultant services. The general tasks to be performed shall include but not limited to the following: Structure, negotiate, and implement a Public -Private Partnership for a proposed development in the Cultural Arts Corridor Civic Plaza a. Contract Negotiations: b. Development Agreement: c. Closing Documents Coordination and Review: i. Easements for Trail Access and Temporary Construction ii. Lot Splits iii. Surveys and Legal Descriptions iv. Deeds and Warrant Deeds V. HUD Settlement vi. Owner Disclosures vii. Closing Certifications 4. ADDITIONAL SERVICES: The development of some projects may involve activities or studies outside the scope of the basic services routinely performed by the consultant. These services may vary greatly in scope, complexity, and timing and may involve a number of different disciplines and fields of expertise. City of Fayetteville, AR RFQ 22-02, Legal Services Page 14 of 15 City of Fayetteville RFQ22-02, Legal Services SECTION E: DBE Form The purpose of collecting this information is to comply with requirements at federal regulation 49CFR part 26.11(c) to maintain and update a Bidders List to assist in the overall annual goal DBE goal setting process. Firm Name: Conner &Winters, LLP 4375 N. Vantage Drive, Suite 405 Address: Favetteville, AR 72703 Contact Person: Vicki Bronson Phone: 479^5S 5711 479-587-1426 Fax: Email: vbronson@cwlaw.com Is the firm currently certified as a DBE with the Arkansas Unified DBE Program? ❑ YES © NO Type of work/services/materials provided by firm: Legal Services What were your firm's Gross Annual receipts for last year? N/A ❑ Less than $1 Million ❑ Less than $5 Million X❑ Less than $10 Million ❑ Less than $15 Million ❑ More than $15 Million This form can be duplicated if necessary to report all bidders (DBEs and non- DBEs) information. City of Fayetteville, AR RFQ 22-02, Legal Services Page 15 of 15 CONN R WINT RS 4375 N. Vantage Dr. Suite 405 Fayetteville, AR 72703 cwlaw.com March 4, 2022 City of Fayetteville Attn: Jonathan Smith 113 W. Mountain Street Fayetteville, AR 72701 Re: RFQ 22-02 Legal Services Dear Jonathan: Vicki Bronson I Partner OFFICE 479.582.5711 FAX 479.587.1426 vbronson@cwlaw.com This letter is submitted in response to the City's Request for Qualification 22-02 Legal Services. I am a licensed attorney in good standing in both Arkansas and Oklahoma. I graduated from the University of Arkansas Law School in December 1996 with highest honors and ranked in the top 3% of my class. I have been a full-time practicing attorney in Fayetteville, Arkansas since February 1997 when I passed the bar exam with the top score. Over the past 20-plus years I have assisted clients with hundreds of real estate matters including negotiating and drafting contracts, development agreements, easements, deeds, mortgages, protective covenants, condominium documents, and closing documents, as well as coordinating and conducting real estate closings and assisting with title issues. I previously assisted the City of Fayetteville with a similar project. Because of attorney client privilege issues, I do not feel comfortable disclosing the names of other past or current clients, however, they include most of the well-known developers in Northwest Arkansas. If selected, I will satisfy the requirements of the RFQ personally in a cost-effective manner while devoting sufficient resources to fully satisfy the requirements. Sincerely, /s/ Vicki Bronson Vicki Bronson Conner & Winters, LLP I Attorneys at Law I cwlaw.com Tulsa I Oklahoma City I Northwest Arkansas I Dallas I Houston I Washington, D.C. CITY OF V FAYETTEVILLE ARKANSA RFQ 22-02, Legal Services Conner & Winters, LLP Supplier Response Event Information Number: RFQ 22-02, Legal Services Title: RFQ 22-02, Legal Services Type: Request for Qualifications Issue Date: 2/13/2022 Deadline: 3/8/2022 02:00 PM (CT) Notes: The City of Fayetteville, Arkansas is requesting statements of qualifications from firms interested in providing legal services. These services will include, but are not limited to, contract negotiations, development agreements, and closing document coordination and review. Direct all questions to Jonathan Smith, City Purchasing Agent, at jonsmith&fayetteville-ar.gov. Contact Information Contact: Jonathan Smith Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: jonsmith@fayetteville-ar.gov Page 1 of 4 pages Vendor: Conner & Winters, LLP RFQ 22-02, Legal Services Conner & Winters, LLP Information Contact: Vicki Bronson Address: 4375 N. Vantage Drive Suite 405 Fayetteville, AR 72701 Phone: (479) 582-5711 Fax: (479) 587-1426 Email: vbronson@cwlaw.com Web Address: www.cwlaw.com By submitting your response, you certify that you are authorized to represent and bind your company. Vicki Bronson Signature Submitted at 31412022 2:07:24 PM Supplier Note vbronson@cwlaw.com Email Thank you for the opportunity to submit a response to this RFQ. Please contact me if you need additional information. Requested Attachments RFQ 22-02, Required Signature Forms RFQ 22-02 Submission, Conner & Winters.PDF All of these forms are within the Request for Statement of Qualifications. RFQ 22-02, RFQ Submittal RFQ 22-02 Submission to the City of Fayetteville. pdf This is where the vendor uploads their response to the RFQ. Bid Attributes 1 RFQ 22-02, Arkansas Secretary of State Filing Number Please provide your Arkansas Secretary of State Filing Number. 97058 2 RFQ 22-02, Tax ID Number Please provide your Tax ID Number. 731388566 3 RFQ 22-02, Arkansas Code Annotated §25-1-503 Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Agree and Certify 4 Respondent -Company Name Conner & Winters, LLP Page 2 of 4 pages Vendor: Conner & Winters, LLP RFQ 22-02, Legal Services 5 Respondent - Number of Years in Business 25 6 Respondent - How many years have you been at your current location? 6 7 Respondent - Total Number of Full -Time Employees 19 8 Respondent - Total Number of Part -Time Employees 0 9 Respondent -Total Number of Full -Time Employees for this contract 1 1 Respondent -Total Number of Part -Time Employees for this contract 0 0 1 Reference #1 - Company Name 1 Specialized Real Estate Group 1 Reference #1 - Company Address, City, State, and Zip 2 15 N Church, Fayetteville, Arkansas 72701 1 Reference #1 - Contact Person 3 Seth Mims 1 Reference #1 - Phone Number 4 4794398650 1 Reference #1 - Email 5 seth@soecializedreg.com 1 Reference #1 - Fax Number 6 No response 1 Reference #2 - Company Name 7 1 Reference #2 - Company Address, City, State, and Zip 8 1 Reference #2 - Contact Person 9 Page 3 of 4 pages Vendor: Conner & Winters, LLP RFQ 22-02, Legal Services 2 Reference #2 - Phone Number 0 0 2 Reference #2 - Email 1 2 Reference #2 - Fax Number 2 No response 2 Reference #3 - Company Name 3 2 Reference #3 - Company Address, City, State, and Zip 4 2 Reference #3 - Contact Person 5 2 Reference #3 - Phone Number 6 0 2 Reference #3 - Email 7 2 Reference #3 - Fax Number 8 No response 2 Reference #4 - Company Name 9 3 Reference #4 - Company Address, City, State, and Zip 0 3 Reference #4 - Contact Person 1 3 Reference #4 - Phone Number 2 0 3 Reference #4 - Email 3 3 Reference #4 - Fax Number 4 No response Page 4 of 4 pages Vendor: Conner & Winters, LLP RFQ 22-02, Legal Services k Attorneys' Liability Assurance soc'iety January 6, 2022 Conner & Winters, LLP 4100 First Place Tower 15 East Fifth Street Tulsa, OK 74103 To Whom It May Concern: CONFIRMATION OF INSURANCE We hereby confirm that Conner & Winters, LLP has Professional Liability Coverage under Policy LPL-1535-2022 with an annual limit of $25,000,000 per claim and $50,000,000 in the aggregate with the right, under stated conditions, to purchase extended reporting rights upon termination of such Policy by ALAS. The self -insured retention under such Policy is $375,000 each claim up to an aggregate of $750,000 and $100,000 each claim thereafter. The Policy effective date is from January 1, 2022 to January 1, 2023. Such Policy is subject to the terms, conditions, limitations and exclusions stated therein. ATTORNEYS' LIABILITY ASSURANCE SOCIETY LTD., A RISK RETENTION GROUP Vy) By: Anne M. Mahoney Assistant Director of Underwriting Date: 1 /6/2022 311 S. Wacker Drive, Suite 570D Chicago. IL 60606-6629 to 312.697,6900 fax 312-697.6901 APPENDIX D FEES Vicki Bronson 2022 hourly rate $340 Associates 2022 hourly rates $220 Paralegal 2022 hourly rate $150 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FACILITIES MANAGEMENT (140) 2022 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of RFQ 22-02 contract with Conner & Winters, LLP for legal services to structure, negotiate, and implement a Public -Private Partnership for a proposed development in the Cultural Arts Corridor Civic Plaza, including contract negotiations, development agreement, and closing documents coordination and review. COUNCIL DATE: 5/1 7/2022 LEGISTAR FILE ID#: 2022-0390 Hovy 3lack� 4/26/2022 9:29 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 5/17/2022 RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 35,000 35,000 v.20220414 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.090.6600-5314.01 35,000 - EX Professional Services - Legal 1010.001.0001-4999.99 - 35,000 RE Use Fund Balance - Current H:\Budget Adjustments\2022_Budget\CITY COUNCIL\05-17-22\2022-0390 BA Conner & Winters CAC Legal Services 1 of 1