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Special Construction Code Litigation Counsel

City of Union City Requests Proposals from Law Firms Interested in
Serving as “Special Construction Code Litigation Counsel” for the
City of Union City for the Period July 1, 2020 through June 30, 2021


    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 July 1, 2020 through June 30, 2021.  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 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.  Each interested firm 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 keeping in mind that the City does not pay more than $150.00 per hour for legal services;

10.    Any other information which the interested firm deems relevant;

11.    Statement of Corporate Ownership (c. 52:25-24.2) (form provided);

12.    Disclosure of Investment Activities in Iran Form (c. 52:32-55, et seq.) (form provided);

13.    Business Registration Certificate (prior to the award of contract but preferably with the proposal);

14.    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

15.    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 Union City Clerk in her offices at Union City Hall, 3715 Palisade Avenue, Union City, at 3:00 PM on July 24, 2020.  The sealed proposal must be received no later than 3:00 PM on July 24, 2020 by:

Erin Knoedler, 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.

View Official Notice Here