PILLAR: Fiscally Sound
AGENDA DATE: May 27, 2026
COUNCIL DISTRICT(S): Citywide
DEPARTMENT: Office of Procurement Services
PRIORITY: N/A
______________________________________________________________________
SUBJECT
Title
Authorize (1) a five-year bond counsel contingency fee contract with Bracewell LLP and West & Associates, LLP, most qualified respondents of five to provide counsel and co-counsel services for the City’s general obligation bond transactions with the hourly rates and opinion fees as set forth in the resolution; (2) a five-year bond counsel contingency fee contract with McCall Parkhurst & Horton, L.L.P., most qualified respondent of five, to provide bond counsel services for the City’s enterprise bond transactions in accordance with the hourly rates and opinion fees as set forth in the resolution; and (3) a five-year disclosure counsel contingency fee contract with Norton Rose Fullbright US LLP most qualified respondent of four, to provide bond disclosure counsel services for the City’s bond transactions in accordance with the hourly rates and opinion fees as set forth in the resolution - Financing: Fees to be paid from bond proceeds, contingent upon completion of each bond sale
Body
BACKGROUND
The City requires the services of bond counsel, and co-bond counsel as applicable, to: (1) assist in the preparation of resolutions, ordinances, official statements, agreements and legal documents in connection with authorizing the issuance of bonds and other city debt instruments, (2) assist in obtaining approval of the issuance of the City's bonds from the Texas Attorney General, (3) render legal opinions in connection with the issuance of City bonds, and (4) provide legal advice as needed in connection with City financing and related matters.
The scope of the services for general obligation bond counsel and co-bond counsel includes legal services in connection with the City’s authorization, sale, issuance, and delivery of its general obligation bonds, combination tax and revenue certificates of obligation, equipment acquisition contractual obligations, and Convention Center financing transactions. The scope of the services for enterprise bond counsel includes authorization, sale issuance and delivery of tax increment financing bonds, City’s Waterworks and Sewer System bonds and commercial paper, and Dallas Airport System (Love Field, Dallas Executive Airport, and Vertiport) financing transactions. The scope of services for disclosure counsel includes assisting City staff, together with the City’s financial advisor and bond counsel with disclosure services in connection with the issuance, sale and delivery of City debt obligations. One of the obligations that the City has as a municipal securities issuer is compliance with disclosure requirements under federal security laws and Securities and Exchange Commission rules. Issuers of municipal bonds are obligated to ensure that the offering documents used in the offering of municipal bonds meet those requirements and are required to report annual financial information as well as notices of certain events that may affect their ability to repay the bonds. The City must file disclosure filings for all outstanding bond issues with the Municipal Securities Rulemaking Board through Electronic Municipal Market Access. Substantially, all of the responsibilities under these contracts will be performed by attorneys.
A six-member committee from the following departments reviewed and evaluated the qualifications:
• City Attorney’s Office (3)
• City Controller’s Office (3)
The committee selected the most qualified respondents on the basis of demonstrated competence and qualifications under the following criteria:
• Experience and qualifications 55 points
• Firm’s location and availability to City staff/service 25 points
delivery capabilities
• Approach to project 20 points
As part of the solicitation process and in an effort to increase competition, the Office of Procurement Services used its procurement system to send out email notifications to vendors registered under relevant commodity codes. To further increase competition, the Office of Procurement Services uses historical solicitation information, the Internet, and vendor contact information obtained from user departments to contact additional vendors.
Substantially, most of the responsibilities under this contract are being performed by attorneys to be paid on a contingency fee basis. Therefore, this solicitation was conducted as a Request for Qualifications under Sections 2254.003(a) and 2254.1032 of Texas Local Government Code for the procurement of legal services under a contingent fee contract. As such, these Sections of Chapter 2254 specifically restrict the City from including cost/fees as part of the selection criteria.
Pursuant to Subchapter C of Texas Local Government Code Chapter 2254, a special public notice needs to be added to the council agenda that specifies the basis and rationale for City Council consideration of a contingency fee contract.
On November 10, 2015, the City Council authorized a living wage policy that requires contractors to pay their employees a “living wage” rate as established annually by the
Massachusetts Institute of Technology Living Wage Calculator for Dallas County by Resolution No. 15-2141. The current calculated living wage during the solicitation process of this contract is $23.06; the bond counsel firms meet this requirement.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 26, 2015, the City Council authorized five year contracts with McCall, Parkhurst & Horton, L.L.P. and Escamilla & Poneck, L.L.P. and Bracewell & Giuliani, L.L.P. and West & Associates, L.L.P. and Norton Rose Fulbright, L.L.P. and Mahomes Bolden P.C. to provide bond counsel and co-bond counsel services by Resolution No. 15-1610.
On January 22, 2020, the City Council authorized an amendment to the bond counsel contract with Norton Rose Fulbright US LLP, to add disclosure counsel services by Resolution No. 20-0184.
On August 26, 2020, the City Council authorized the City Manager to execute (1) a contingency fee bond disclosure counsel contract with Norton Rose Fulbright US LLP and Kintop Smith, PLLC, approved as to form by the City Attorney for disclosure counsel and disclosure co-counsel services for a term of five years; (2) a contingency fee enterprise bond counsel contract with McCall Parkhurst & Horton, L.L.P. and Escamilla & Poneck, LLP ; and (3) a contingency fee general obligation bond counsel contract with Bracewell LLP and West & Associates, L.L.P. by Resolution No. 20-1251.
On April 12, 2023, the City Council authorized the City Manager to execute Supplemental Agreement No. 1 replacing Kintop Smith, PLLC, with Hardwick Law Firm, LLC, as co-disclosure counsel with Norton Rose Fulbright US LLP by Resolution No. 23-0490.
The Finance Committee was briefed by memorandum regarding this matter on April 21, 2026. <https://dallascityhall.com/government/citymanager/Documents/Council%20Materials/O.%20CAO%20P%20Finance%20April%2021%202026.pdf>
FISCAL INFORMATION
The fees for legal services provided by the bond counsel, co-bond counsel as applicable, and disclosure counsel firms in connection with the issuance, sale and delivery of the City’s bonds are contingent upon the sale and delivery of the bonds and are payable from bond proceeds, as applicable as follows:
FIRM CONTINGENCY FEE
|
Group 1 - General Obligation Bond Counsel Bracewell LLP West & Associates, LLP (co-counsel with Bracewell) |
Upon the City’s successful issuance of securities, hourly rate fee for services rendered, plus an opinion fee of $0.35 per $1,000.00 of increment of bonds issued for Bracewell; $0.25 per $1,000.00 of increment of bonds issued for West. See Attachment I to council resolution. |
|
Group 2 - Enterprise Bond Counsel McCall, Parkhurst & Horton, L.L.P. |
Upon the City’s successful issuance of securities, hourly rate fee for services rendered plus an opinion fee of $.30 per $1,000.00 of increment of bonds issued. See Attachment II to council resolution. |
|
Group 3 - Disclosure Counsel Norton Rose Fullbright US LLP |
Upon the City’s successful issuance of securities hourly rate fee for services rendered, plus an opinion fee of $.22 per $1,000.00 increment of bonds issued. See Attachment III to council resolution. |
LOCAL PARTICIPATION
|
Prime |
Status |
Workforce % |
|
Bracewell LLP |
Local |
0.00% |
|
West & Associates, LLP |
Local |
42.12% |
|
McCall, Parkhurst & Horton L.L.P. |
Local |
28.57% |
|
Norton Rose Fullbright US LLP |
Local |
100.00% |
PROCUREMENT INFORMATION
Method of Evaluation for Award Type:
|
Request for |
• Utilized for procurements involving professional services |
|
Qualifications |
• Recommended offeror whose response is most qualified, considering the relative evaluation factors stated in the specifications |
|
|
• Always involves a team evaluation |
|
|
• Utilized for procurements involving professional services |
The Office of Procurement Services received the following submissions from solicitation number BFZ26-00029361. The submissions were opened on January 23, 2026. The Office of Procurement Services recommend the City Council award this contract by group to the most qualified respondents.
*Denotes successful respondents
Respondents Address Score
Group 1 - General Obligation Bond Counsel
*Bracewell LLP 1445 Ross Ave. 98.33
Suite 3800
Dallas, TX 75202
West & Associates, LLP 320 South R.L. Thornton Frwy.
(co-counsel with Bracewell) Suite 300
Dallas, TX 75203
Hardwick Law Firm, LLC 700 North Pearl St. 66.50
Suite N520
Dallas, TX 7201
Escamilla & Poneck, LLP 700 North St. Mary's St. 64.83
Suite 850
San Antonio, TX 78205
Group 2 - Enterprise Bond Counsel
*McCall, Parkhurst & Horton, L.L.P. 717 North Harwood St. 98.83
Suite 900
Dallas, TX 75201
Bracewell LLP 1445 Ross Ave. 92.83
Suite 3800
Dallas, TX 75202
West & Associates, LLP 320 South R.L. Thornton Frwy.
(co-counsel with Bracewell) Suite 300
Dallas, TX 75203
Escamilla & Poneck, LLP 700 North St. Mary’s St. 68.83
Suite 850
San Antonio, TX 78205
Hardwick Law Firm, LLC 700 North Pearl St. 67.67
Suite N520
Dallas, TX 7201
Group 3 - Disclosure Counsel
*Norton Rose Fullbright US LLP 2200 Ross Ave. 97.50
Suite 3600
Dallas, TX 75201
Bracewell LLP 1445 Ross Ave. 92.67
Suite 3800
Dallas, TX 75202
West & Associates, LLP 320 South R.L. Thornton Frwy.
(co-counsel with Bracewell) Suite 300
Dallas, TX 75203
Hardwick Law Firm, LLC 700 North Pearl St. 68.83
Suite N520
Dallas, TX 7201
Escamilla & Poneck, LLP 700 North St. Mary’s St. 65.67
Suite 850
San Antonio, TX 78205
OWNERS/EXECUTIVES
Bracewell LLP
Julie Partain, Partner
West & Associates, LLP
Royce West, Managing Partner
McCall, Parkhurst & Horton L.L.P.
Mark Malveaux, Managing Partner
Norton Rose Fullbright US LLP
Jeff Cody, Managing Partner