Specialized Legal Services for a Potential Large-Scale Digital Infrastructure Project Emporia, KS

Specialized Legal Services for a Potential Large-Scale Digital Infrastructure Project City of Emporia, Kansas

The City of Emporia, Kansas, is requesting qualifications from law firms to provide specialized legal services in connection with a potential large-scale digital infrastructure development project in Emporia, Kansas.

For purposes of this Request for Qualifications ("RFQ"), the term Project refers to a potential large-scale digital infrastructure, data centers, data campuses, technology facilities, and other similar utility-intensive industrial development that may require one or more negotiated development agreements and related public approvals.

The City is seeking a highly qualified national or regional law firm, or a qualified team of firms, with demonstrated experience in complex economic development transactions, data centers, large-scale utility-intensive developments, major infrastructure-related development agreements, public incentives, environmental risk allocation, and municipal law.

The selected firm will provide specialized legal services to assist the City in evaluating, negotiating, drafting, implementing, and administering one or more agreements related to the Project.

The City is evaluating legal issues associated with the Project, which may involve significant public infrastructure, utility service, land use approvals, environmental compliance, economic development incentives, financing, and long-term operational commitments. Because of the complexity of these issues, the City seeks specialized outside legal counsel to serve as its primary transactional counsel for the Project.

The selected firm will work collaboratively with the City Manager, City Attorney, City staff, elected officials, and other consultants, as appropriate, and provide timely, practical, and strategic legal advice throughout the Project.

Issuance of this RFQ does not constitute approval of the Project or any related development agreement, incentive, infrastructure commitment, utility commitment, land use action, financing, or other public action. Any future governmental action will remain subject to applicable law, required public processes, and approval by the Governing Body.

The selected firm will serve as the City's primary transactional counsel for matters related to the Project and may be asked to provide specialized legal services, including, but not limited to, the following:

Assist the City in evaluating, structuring, negotiating, drafting, implementing, and administering development agreements and related transactional documents. Advise the City regarding transaction structure, allocation of legal and financial risk, financing arrangements, performance obligations, enforcement provisions, and long-term contractual administration. Draft, review, and negotiate agreements and other legal documents necessary to facilitate the Project.

Advise the City regarding public infrastructure, utility service, environmental compliance, public incentives, financing, land use approvals, and other legal issues associated with the Project. Assist with legal issues involving annexation, zoning, subdivision, permitting, easements, rights-of-way, utility coordination, and other governmental approvals. Draft and review ordinances, resolutions, public notices, agenda materials, findings, closing documents, and other documents necessary to support the City's review and implementation of the Project. Represent the City during negotiations, meetings, executive sessions, public hearings, and other proceedings related to the Project.

Assist the City with implementation, interpretation, amendments, compliance monitoring, enforcement, dispute resolution, and other post-approval legal matters. Provide other legal services reasonably requested by the City that are related to the Project.

The City Manager will oversee the engagement on behalf of the City.

The selected firm will maintain regular communication regarding the status of the engagement, significant legal issues, material risks, anticipated decision points, schedule, and budget. The firm should promptly identify matters requiring policy direction and provide practical recommendations to support the City's decision-making.

The selected firm should coordinate its work with the City Manager, City Attorney, City staff, engineers, financial advisors, consultants, and other professional advisors, and participate in negotiations, meetings, executive sessions, public hearings, and other proceedings as requested.

Proposing firms or teams should demonstrate the following qualifications:

• Experience representing public entities in complex economic development transactions.
• Experience serving as lead transactional counsel for data centers, utility-intensive developments, or comparable large-scale economic development projects.
• Experience negotiating and drafting complex development agreements and related transactional documents.
• Experience with Kansas municipal law, land use, economic development, and public finance matters, or the ability to provide such services through qualified Kansas counsel.
• Ability to manage complex transactions involving multiple public and private stakeholders.
• Capacity to dedicate sufficient personnel and resources to meet anticipated project schedules.

Joint proposals are permitted. A national or regional firm may submit a proposal in partnership with Kansas counsel or other specialized legal counsel.

If submitting a joint proposal, the proposer must identify:

• The lead firm, lead attorney, and the role and responsibilities of each participating firm and attorney.
• How Kansas law issues will be addressed, including the responsibilities of any Kansas-licensed counsel.
• The proposed approach for managing the engagement, including coordination, billing, and conflict review.

The City reserves the right to request modifications to a proposed team or negotiate changes to team composition before entering into an engagement agreement.

Proposers must disclose any known actual or potential conflicts of interest that would impair, limit, or reasonably appear to limit the firm's ability to represent the City in this matter.

Because all Project participants may not be identified at the time proposals are submitted, the City may require supplemental conflict reviews as additional developers, operators, end users, affiliates, financing parties, contractors, utilities, infrastructure providers, or other material participants become known.

The City reserves the right to condition selection upon completion of supplemental conflict reviews as additional Project participants are identified. If a conflict is subsequently identified that materially impairs the firm's ability to represent the City, the City reserves the right to terminate negotiations, terminate the engagement, select another proposer, or take any other action it determines to be in the City's best interests.

Proposers should describe their conflict review procedures, including how potential conflicts are identified, evaluated, disclosed, and resolved, and how supplemental conflict reviews will be conducted if additional Project participants become involved.

Proposals should be concise but sufficiently detailed to demonstrate the firm's qualifications, experience, and proposed approach to the engagement. At a minimum, proposals should include the following:

Provide a brief description of the firm, including its size, office locations, areas of practice relevant to this RFQ, and experience representing public-sector clients.

Identify the attorneys and other professionals who would be assigned to the engagement, including the lead attorney who will serve as the primary point of contact for the City. For each key team member, provide a resume or summary of relevant experience and describe the anticipated role and responsibilities of that individual.

Describe up to five representative engagements demonstrating the qualifications of the proposed team. For each engagement, identify the client (or describe the client if confidentiality prevents identification), the nature and scope of the project, the role of the proposed attorneys, the principal legal services provided, and the outcome of the engagement.

Collectively, the examples should demonstrate experience with projects comparable to the Project, including, as applicable, data centers, utility-intensive developments, development agreements, public infrastructure, utility coordination, public incentives, environmental matters, Kansas municipal law, and projects involving multiple public and private stakeholders.

Describe the firm's proposed approach to the engagement, including anticipated phases of work, transaction management and negotiation strategy, communication practices, methods for managing legal and project risks, and approaches to maintaining an efficient and well-organized engagement.

The City is particularly interested in practical, strategic legal advice that protects the City's interests, preserves governing body discretion, and supports informed public decision-making.

Provide hourly rates for all attorneys, paralegals, and other professionals who may perform work under the engagement.

Provide a good-faith estimated budget for the anticipated scope of services. The estimate may be organized by task or project phase, such as:

• Project evaluation and due diligence.
• Transaction negotiation and document preparation.
• Public approval process.
• Project implementation and ongoing legal support.

Describe any assumptions used in preparing the estimate. Identify reimbursable expenses and any proposed cost-control measures, such as not-to-exceed amounts, phased budgets, blended rates, municipal rates, or other budget management practices. Proposers should also describe how the City will be notified if actual costs are expected to materially exceed the estimated budget.

Provide at least three references from public-sector clients for whom the firm has provided legal services comparable to those requested in this RFQ. For each reference, include:

• Client name.
• Contact person and title.
• Telephone number.
• Email address.
• Brief description of the engagement.

Provide the conflict disclosure and conflict review information described in Section VII. Confirm the firm's availability to begin work promptly upon selection and identify any anticipated limitations on staffing or availability.

The City will hold an optional hybrid pre-submittal meeting on:

• Date: August 25, 2026
• Time: 3:00 p.m.
• Format: Hybrid

Meeting details will be provided to interested firms upon request.

Attendance is optional and is not required to submit a proposal. The City may issue written clarifications or addenda in response to questions raised during the pre-submittal meeting or otherwise received during the procurement process.

Questions regarding this RFQ and proposals shall be submitted to:

• Kerry Sull, City Clerk
• City of Emporia, Kansas
• 104 E. 5th Avenue, Emporia, Kansas 66801
• For security reasons, you must enable JavaScript to view this E-mail address.
• 620-343-4243

Questions should be submitted no later than August 26, 2026. The City may respond by written clarification or addendum, as appropriate.

Proposals must be received no later than:

• September 1, 2026 3:00 p.m. CDT

Proposals may be submitted by email or hard copy

To preserve the integrity of the selection process, proposers should direct all communications regarding this RFQ to the City’s designated contact. Proposers should not contact elected officials or other City staff regarding this RFQ unless authorized by the City.

The City may evaluate proposals based on one or more of the following factors:

• Relevant experience on projects comparable to the Project.
• Qualifications, experience, and availability of the proposed legal team.
• Demonstrated understanding of municipal development transactions and related legal issues.
• Proposed approach to managing the engagement and providing timely, practical legal advice.
• References and past performance.
• Proposed fees, estimated budget, and cost-control measures.
• Overall quality, completeness, and responsiveness of the proposal.

The City is not required to select the lowest-cost proposal and reserves the right to determine the relative importance of each evaluation factor based upon the City's needs.

The City may conduct interviews, request clarification or additional information, verify references, and negotiate staffing, scope of services, budget, rates, conflicts, or other engagement terms with one or more proposers.

The City Manager and City Attorney may review proposals, conduct interviews, negotiate engagement terms, and recommend selection of legal counsel to the City Commission.

Selection of a proposer does not create a contractual relationship. No contract shall exist until an engagement agreement has been executed by the parties.

The selected firm will be required to enter into an engagement agreement acceptable to the City before commencing work. The agreement will establish the scope of services, compensation, and other terms governing the representation.

Selection under this RFQ does not guarantee any minimum amount of work or compensation. The City reserves the right to assign work as needed, retain other legal counsel when appropriate, and modify the scope of services by mutual agreement.

Proposals submitted in response to this RFQ may be subject to disclosure under the K.S.A. § 45-215 and other applicable law.

A proposer that believes any portion of its proposal contains confidential, proprietary, privileged, or otherwise protected information should clearly identify the specific information claimed to be exempt from disclosure and provide the legal basis supporting the claimed exemption.

The City will evaluate any such claim in accordance with applicable law. The City cannot guarantee that information identified by a proposer will be withheld from disclosure and will respond to records requests as required by the Kansas Open Records Act. Designating an entire proposal as confidential or proprietary is discouraged and may not be recognized under applicable law.

The City reserves the right to:

• Reject any or all proposals.
• Waive minor irregularities or informalities in the proposal process.
• Request additional information or clarification from any proposer.
• Conduct interviews with one or more proposers, or proceed without interviews.
• Negotiate the scope of services, staffing, rates, budget, team composition, conflicts, and other engagement terms with one or more proposers.
• Select a firm or team subject to additional conflict review or other conditions the City determines are appropriate.
• Discontinue, modify, suspend, or reissue this RFQ at any time.
• Issue addenda or clarifications to this RFQ.
• Retain one or more firms under this RFQ or retain other legal counsel for related or unrelated matters.
• Decline to enter into an engagement agreement with any proposer.
• Make the selection the City determines to be in its best interests.

This RFQ is issued solely for the purpose of selecting specialized legal counsel to advise the City regarding the Project. Issuance of this RFQ, receipt of proposals, selection of legal counsel, or execution of an engagement agreement does not constitute approval or endorsement of the Project or any related development agreement, incentive, infrastructure improvement, utility commitment, land use action, financing arrangement, or other public action.

Any future agreement, commitment, approval, permit, incentive, funding decision, land use action, or other governmental action related to the Project will be considered separately and will remain subject to applicable law, required public processes, and approval by the City Commission.