Description

Background

The City of Kemah, Texas (City) is accepting Statements of Qualifications (SOQ’s) from Law Firms/Private Attorney Practices for a qualified individual or firm to serve as the Municipal Court Prosecutor. The city also intends to hire an alternate prosecutor as a result of this Request for Qualifications.

The Prosecutor must possess a Juris Doctorate and have graduated from an accredited law school, licensed to practice in the State of Texas. The firm or individual must be a member in good standing with the State Bar Association and have a minimum of two years’ experience in municipal court prosecutions.

Requirements

Scope of Services

The city intends to appoint one Prosecutor and an Alternate Prosecutor as a result of this RFQ. The duties of the Prosecutor shall include:

• Prosecute all Class C Misdemeanors filed in City of Kemah, including traffic, penal, and City ordinance violations.
• Represent the City in all Municipal Court proceedings, pre-trial conferences, and bench and jury trials.
• Attend court Tuesday and Thursdays twice a month or as needed. Court starts at 9:00 a.m. until complete. Attend Trials on a scheduled court day or separate date.
• Meet with defendants and/or defense attorneys who enter not-guilty pleas to discuss/resolve cases by entering into appropriate settlements, plea bargaining cases in court, plea bargaining out of court with attorneys only.
• Request dismissal of cases under proper circumstances.
• Availability to come to the Municipal Court on as needed basis to sign documents, review cases filed and meet with Court staff.
• Availability to answer emails and phone calls from court staff regarding cases, plea offers, legal advice and any other court matter.
• Requirement to utilize City’s Municipal Court software on premises at the City of Kemah.
• Conduct a review of pending cases and fulfill discovery requests.
• Prepare and present cases for bench trials and jury trials.
• Adhere to all applicable local, state, and federal laws.
• Provide legal research as it relates to the city codes and ordinances;
• Inform City of Kemah personnel of statutory changes that may impact city codes and ordinances; and,
• Work with the City of Kemah Court Administrator to improve effectiveness and efficiency of cases presented for prosecution by the Municipal Court.  Provide any additional prosecution services that may be required.  Maintain accurate records and provide regular updates to the city.

Selection Criteria

The Prosecutor will be selected through a qualifications-based selection process. 

Responses shall be organized and formatted as follows:

• Tab 1 - Cover Letter/Executive Summary (One page maximum).
• Tab 2 - Information about your law firm/private attorney practice, including the qualifications of individuals who will provide services and a resume for each person included. Including the individual designated as the prosecutor and a backup should that person is not available. At least five years of prosecuting criminal cases in municipal court is preferred. Include the name and license number to practice in the State of Texas.
• Tab 3 - Understanding of the type and level of services required, and the capability of providing such services, including an explanation of how these services will best meet the City’s needs.
• Tab 4 - List of current and expected workload as it pertains to your ability to serve the city. Include how much of your time will be devoted to the city.
• Tab 5 - Approach to Municipal Prosecution.
• Tab 6 -List and description of any litigation or arbitration claims filed against you or your firm.
• Tab 7 - Describe any other applicable information that you believe demonstrates value and quality.
• Tab 8 – A list of three references, to include contact information.
• Tab 9 - Certificate of Interested Parties (1295) Form – A Certificate of Interested Parties Form must be submitted with the original submittal. The 1295 form and instructions for completion can be found at the following link: https://www.ethics.state.tx.us/filinginfo/1295/

Submission of Questions

Any questions should be directed to:

Natasha Hinton – City Secretary

1401 Hwy 146

City of Kemah, Texas 78015 

Email:bids@kemahtx.gov

Phone: 281-334-1611

Questions regarding the project can be submitted to Natasha Hinton, via email to bids@kemahtx.gov. Questions will be accepted until 5:00 P.M. on March 15, 2026.

Addendums to the RFQ

The City of Kemah shall not be held responsible for any oral instructions related to the project. Any official changes to this RFQ will be in the form of a written addendum, which will be published on the city website at kemahtx.gov

Withdrawal of RFQ

The City reserves the right to withdraw the RFQ at any point. At any time prior to the specified solicitation due time and date, a respondent (or designated representative) may withdraw their Statement of Qualifications (SOQ) by submitting a written request stating the reason for withdrawal.

General Information:

The respondent will be selected on the basis of demonstrated competence and qualifications for the type of services required without regard to fee, and thereafter the City of Kemah will negotiate a contract for the services at a fair and reasonable fee with the best qualified respondent.

There is no expressed or implied obligation for the City of Kemah to reimburse respondents for any expenses incurred in the preparation of a Statement of Qualifications (SOQ) in response to this request. The City reserves the right to increase or decrease the scope of work related to this project as outlined in this RFQ after a selection is made to accommodate changes in the needs of the City and serve the best interests of the City.

RFQ Schedule

The dates and times listed below are estimated and are subject to change without notice.

 Deadline for written questions to be sent to bids@kemahtx.gov – March 15 ,2026 5:00 PM.

One (1) original and three (3) copies of the SOQ due no later than 3:00 PM (CST) on March 16, 2026.

Interview with the selection committee (if necessary) – To Be Determined

 Award and Negotiation

The City reserves the right to reject any or all Statement of Qualifications. The highest-ranked Respondent(s) may be invited to enter into Contract negotiations with the City of Kemah. If an agreement cannot be reached with the highest-ranked Respondent(s), the City shall notify the Respondent and terminate negotiations. The second highest Respondent may be contacted for negotiations. The process may continue until successful negotiations are achieved. The City reserves the right to terminate negotiations with any and all Respondents should it be in the City’s best interest.

No Prohibited Interest

Respondent acknowledges awareness of the state law provisions regarding conflicts of interest and required disclosures. No officer, employee or agent of the City shall participate in the negotiation, selection, discussion, award or administration of a contract or procurement supported by public funds if: 1) that individual has a substantial interest in a person or entity, as defined by Chapter 171 or 176 of the Texas Local Government Code, that is the subject of the contract or procurement; or 2) a conflict of interest, either real or apparent, would be involved, as defined therein.

Equal Employment Opportunity

Respondent agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

Anti-Lobbying Provision

During the period between RFQ submission date and the contract award, respondents, including their agents and representatives, shall not directly discuss or promote their Submittal with any member of the City Council or City staff except in the course of City-sponsored inquiries, briefings, interviews, or presentations. Violation of this provision shall result in the rejection of the respondent's Submittal and disqualification from future consideration of similar RFQ’s.

Jurisdiction

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and payable in Galveston County, Texas. The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Galveston County, Texas.

Conflict of Interest

A statement indicating the respondent has no conflict of interest with the City, including any past or present employees or past or present elected officials of the City, must be submitted with the statement of qualifications. Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the City Secretary not later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. For more information or to obtain the Questionnaire CIQ go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf.

Confidential Information

Any information deemed to be confidential by the respondent should be clearly annotated on the pages where confidential information is contained. The City cannot guarantee that it will not be required to disclose all or part of any public record under the Texas Public Information Act, since information deemed to be confidential by the respondent may not be confidential under Texas Law, or pursuant to a Court order.