Alcoholic Beverage Control Prosecutor

City of Union City Requests Proposals from Law Firms

Interested in Serving as “Alcoholic Beverage Control Prosecutor”

for the City from January 1, 2025 through December 31, 2025

Introduction

Pursuant to the Fair and Open Process described under N.J.S.A. 19:44A-1, et seq., the City of Union City (“City”) seeks proposals in response to this Request for Proposals (“RFP”) from law firms licensed to practice law in the State of New Jersey that wish to serve as prosecutor of Alcoholic Beverage Control (“ABC”) charges against liquor licensees in the City before the Board of Commissioners sitting in their capacity as an ABC Board, as directed by the Corporation Counsel, the Board of Commissioners or other appropriate official within the City for a contract period from January 1, 2025 through December 31, 2025.  All candidates are required to comply with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. as amended.  (Affirmative Action, see Exhibit A attached hereto).  The successful firm must have significant experience in ABC prosecuting as determined by the City.  The successful firm will provide the following services relating to, but not necessarily limited to:

1. Prosecuting violations of state and municipal ABC laws;
   
   
2. Legal research and/or advisory opinions as needed;
   
   
3. Represent the Board in federal and state courts and administrative forums;
   
   
4. Review and/or draft ABC resolutions and ordinances;
   
   
5. Attend meetings of the Board of Commissioners sitting in their capacity as ABC Board;
   
   
6. Any other matters as directed by the City or the Board.
   
   
7. The vendor shall provide monthly billing statements that include a brief statement showing the original amount of the Contract, any increases established by amendment to the Contract, the amount previously billed under the Contract, and the total amount of unbilled funds remaining available under the Contract, and the total amount of unbilled funds remaining available under the Contract after deduction of the most recent amount billed.  A copy of each billing statement shall be made available to the State Fiscal Oversight Officer upon request.

Each candidate shall submit proof of business registration with the New Jersey Division of Taxation (P.L. 2004, C.57) prior to the award of contract but preferably with their proposal, and must comply with the Affirmative Action requirements contained at N.J.A.C. 17:27 et seq. (See Exhibit A attached hereto).

Proposers are advised that the contract with the successful proposer will permit the City to make payments to the successful proposer for approved services in accordance with, and within the time permitted by, the law governing prompt payment of public contracts for the purchase of goods and services.

Professional Information and Qualifications

Copies of this standardized submission requirements and selection criteria are on file and available from the Office of the City Clerk.  In addition to the forms included herewith, each proposer shall submit the following information:

1. Name of Firm;
   
   
2. Address of principal place of business and all attorneys or firm’s offices and corresponding telephone and fax numbers.  Please note specifically which attorneys will be assigned to work with the City;
   
   
3. Areas of Practice;
   
   
4. Description of firm’s attorneys’ education, experience, qualifications, number of years with the firm and a description of their experience with projects similar to those described above;
   
   
5. Experience related to providing services as ABC Prosecutor in an urban environment in New Jersey which is substantially similar to the City of Union City;
   
   
6. At least four (4) references, three (3) of which must have knowledge of your representation of ABC Boards;
   
   
7. Examples of your record of success representing ABC boards;
   
   
8. The firm’s ability to provide the services in a timely fashion (including staffing, familiarity and location of key staff);
   
   
9. Cost details, including the hourly rates of each of the individuals who will perform the services and the time estimates for each individual, all expenses, and where appropriate, total cost of “not to exceed” amount;
   
   
10. Civil trial experience;
    
    
11. Statement of Ownership Disclosure (c.52:25-24.2) (form provided);
    
    
12. Disclosure of Investment Activities in Iran Form (Prior to the award of contract by preferably with the proposal. Form provided);
    
    
13. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus (Prior to award of contract but preferably with the proposal. Form provided);
    
    
14. Business Registration Certificate (Prior to the award of contract but preferably with the proposal);
    
    
15. Statement, see attached, executed by a corporate officer, member, partner or   sole proprietor certifying that there are no prior or pending ethics complaints against them or their company; and
    
    
16. The successful proposer must comply with the requirements set forth in the Mandatory Equal Employment Opportunity language included herewith (Exhibit A).

Selection Criteria

The selection criteria used in awarding a contract or agreement for professional services as described herein shall include:

1. Qualifications of the individuals who will perform the tasks and the amounts of their respective participation;
   
   
2. Experience in representing ABC boards in urban environments substantially similar to Union City and references;
   
   
3. Ability to perform the task in a timely fashion, including staffing and familiarity with the subject matter; and
   
   
4. Ability to be available with the appropriate personnel at all times necessary to accomplish the representation; and
   
   
5. The cost and expense that will be necessary to familiarize the attorney with the municipal issues pending before the ABC board.
   
   
6. Cost competitiveness in light of all of the above factors; and

Submission Requirements

Sealed proposals will be publicly opened by the Acting Union City Clerk in her offices at Union City Hall, 3715 Palisade Avenue, Union City, at 10:00 AM on November 26, 2024.  Sealed proposals must be received no later than 10:00 AM on November 26, 2024 by:

Hilda I. Rosario, Acting City Clerk

City of Union City

3715 Palisade Avenue

Union City, New Jersey 07087

Please submit one original and two (2) copies of the RFP.  Use white 8 ½” x 11” paper.

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