Special Construction Code Litigation Counsel

Request for Proposals from Law Firms to Serve as

“Special Construction Code Litigation Counsel” for the

City of Union 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 provide special counsel and litigation services to the City, as directed by the Corporation Counsel, the Board or other appropriate official within the City involving Construction Code penalty enforcement litigation, for a contract time period from January 1, 2025 through December 31, 2025.  The successful firm must have significant experience in representing New Jersey municipalities as well as handling matters involving the Uniform Construction Code, the office of Construction Official, the Penalties Enforcement Act of 1999 (and all amendments thereof), and appearances before the Superior Court of New Jersey, Hudson County. The successful firm will provide the City with legal guidance relating to, but not necessarily limited to:

1. Legal research and/or advisory opinions as needed;
   
   
2. Research and draft resolutions and agreements;
   
   
3. Represent the City and its officials in contested matters and litigation with regard to the collection of penalties and other enforcement action under the Uniform Commercial Code;
   
   
4. Meet and confer with representatives of the Construction Office and represent the City on matters involving the Uniform Construction Code before the Superior Court of New Jersey, Hudson County, the Hudson County Construction Board of Appeals and other tribunals;
   
   
5. Attend meetings of the Board of Commissioners upon request;
   
   
6. Conduct programs on specified legal issues for appropriate elected officials and/or city employees upon request; and
   
   
7. Any other matters as directed by the City.
   
   
8. 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 representation of public entities and specifically construction code matters involving Construction Boards of Appeals, Municipal Court, Enforcement of Penalties, Orders to Show Cause for Injunctive relief and Collection actions;
   
   
6. At least four (4) references, three (3) of which must have knowledge of your representation of a public entity;
   
   
7. Examples of your record of success representing public entities;
   
   
8. The firm’s ability to provide the services in a timely fashion (including staffing, familiarity and location of key staff);
   
   
9. Proposed fee structure and cost details, including the hourly rates (if applicable) 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. Any other information which the interested firm deems relevant;
    
    
11. Statement of Ownership Disclosure (form provided);
    
    
12. Disclosure of Investment Activities in Iran Form (prior to the award of contract but preferably with the proposal. Form provided);
    
    
13. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus (Prior to the 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 and references;
   
   
3. Ability to perform the task in a timely fashion, including staffing and familiarity with the subject matter;
   
   
4. Cost competitiveness;
   
   
5. The City reserves the right to select one or more counsel or to reject all proposals in its discretion.

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 10:45 AM on November 26, 2024.  The sealed proposal must be received no later than 10:45 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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