2026_Workers_Comp_RFQ_(R)_(3).pdf

CITY OF NEWARK

REQUEST FOR QUALIFICATIONS

FOR

WORKER’S COMPENSATION COUNSEL SERVICES

ISSUE DATE: SEPTEMBER 18, 2025

DUE DATE: OCTOBER 7, 2025 at 10:15 A.M. (EST)

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/newarknj

ISSUED BY:

CITY OF NEWARK- LAW DEPARTMENT

920 MAYOR KENNETH A. GIBSON BLVD.

NEWARK, NEW JERSEY 07102

GLOSSARY

The following definitions shall apply to and are used in this Request for Qualification:

“City” - refers to the City of Newark.

“Period of Qualification” – refers to the period during which a Successful Respondent will remain eligible for services under the terms of this RFQ.

“Qualification Statement” – refers to the complete response to this RFQ submitted by the Respondents.

“Qualified Respondent” - refers to those Respondents who (in the sole judgment of the City) have satisfied the qualification criteria set forth in this RFQ.

“RFQ”- refers to this Request for Qualification, including any amendments thereof or supplement thereto.

“Respondent” or “Respondents” - refers to the interested firm(s) that submits a Qualification Statement.

“Successful Respondent” – refers to the firm(s) that is selected by the Law Department to provide requested services.

SECTION 1

INTRODUCTION OF GENERAL INFORMATION

1.1 Introduction and Purpose

The Law Department of the City of Newark is requesting submissions from qualified individuals and firms (“Contractor(s)” or “Respondent(s)”) to provide WORKER’S COMPENSATION COUNSEL SERVICES of a specialized nature to the Law Department.

Using this RFQ, the City of Newark intends to establish a pool of attorneys who will be available to provide legal services as needed during the contract term. One or more individuals/firms may be selected to provide services. If selected, the governing body will approve a resolution awarding a contract to the contractor(s) based on an hourly rate of compensation as set forth in Section 2.2 and for a sum not to exceed a specified amount.

Through the RFQ process described herein, person and/or firms interested in assisting the City with providing such services must prepare and submit a Qualification Statement in accordance with the procedure and schedule in this RFQ. The Law Department will review Qualification Statements only from those firms that submit a Qualification Statement which includes all required information as described herein (in the sole judgment of the Law Department).

The Law Department intends to qualify the person(s) and/or firm(s) that (a) possesses the professional, and administrative capabilities to provide the proposed services, and (b) will agree to work under the compensation terms and conditions determined by the Law Department.

1.2 Procurement Process and Schedule

The selection of Qualified Respondents is subject to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. and the “New Jersey Local Unit Pay-to-Play” Law, N.J.S.A.

19:44A-20.4 et seq., and Contractor Pay to Play Reform Ordinance 6PSF-d (s) 06/22/2021. The City has structured a procurement process that seeks to obtain the desired results described above, while establishing a competitive process to assure that each person and/or firm is provided an equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in accordance with the criteria set forth in Section 4 of this RFQ, which will be applied in the same manner to each Qualification Statement received.

Qualification Statements will be reviewed and evaluated by the City’s Corporation Counsel. The Qualification Statements will be reviewed to determine if the Respondent has met the minimum professional, administrative and financial areas described in this RFQ. Based upon the totality of the information contained in the Qualification Statement, including information about the reputation and experience of each Respondent, Corporation Counsel will determine which Respondents are qualified (from professional, administrative and financial standpoints) to provide the services required.

The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated completion dates are set forth in Table 1, Procurement Schedule. The Law Department reserves the right to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.

All communications concerning this RFQ or the RFQ process shall be made in writing and directed to the Law Department’s Designated Contact Person.

DESIGNATED CONTACT PERSON:

Kenyatta K. Stewart, Corporation Counsel City of Newark – Law Department 920 Kenneth A. Gibson Blvd. - 3rd Floor

Room 316 Newark, New Jersey 07102

The RFQ Submission must be submitted to, and be received by the Law Department via electronic procurement portal, on or before 10:15 a.m. Eastern Standard Time on October 7, 2025. Qualification Statements will not be accepted by facsimile transmission or e-mail. The person and/or firm submitting the Qualification Statement is responsible for ensuring that the submission arrives on time and at the proper location. The Qualification Statement must be submitted in a sealed envelope that bears Respondent’s name and is clearly marked “RFQ for Worker’s Compensation Counsel Services:

Attention: Kenyatta K. Stewart, Corporation Counsel.”

Subsequent to issuance of this RFQ, the Law Department (through the issuance of addenda to all persons or firms that have received a copy of the RFQ) may modify, supplement or amend the provision of this RFQ in order to respond to inquiries received from prospective Respondents or as otherwise deemed necessary or appropriate by (and in the sole judgment of) the Law Department.

TABLE 1

PROCUREMENT SCHEDULE ACTIVITY DATE

1. Issuance of Request for Qualifications September 18, 2025

2. Question Submission Deadline September 29, 2025 – 12:00 p.m.

3. RFQ Deadline Submission October 7, 2025 – 10:15 a.m.

1.3 Conditions Applicable to RFQ

Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to the following conditions relative to the submission, review and consideration of its Qualification Statement:

• This document is an RFQ and does not constitute an RFP.

• This RFQ does not commit the Law Department to issue an RFP.

• The Law Department reserves the right (in its sole judgment) to reject, for any reason, any and all responses and components thereof and to eliminate any and all Respondents responding to this RFQ from further consideration for this procurement.

• The Law Department reserves the right (in its sole judgment) to reject any Respondent that submits incomplete responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this RFQ.

• The Law Department reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFQ, or otherwise request additional information.

• All Qualification Statements shall become the property of the City and will not be returned.

• All Qualification Statements will be made available to the public at the appropriate time, as determined by the Law Department (in the exercise of its sole discretion) in accordance with law.

• The Law Department may request Respondents to send representatives to the Law Department of the City of Newark for interviews.

• Any and all Questions Submissions must be received by 12:00 p.m. Eastern Standard Time on September 29, 2025.

1.4 No Attempts to Influence:

No Respondent shall influence, or attempt to influence, or cause to be influenced, any City officer or employee to use his/her official capacity in any manner which might tend to impair the objectivity or independence of judgment of said officer or employee.

No Respondent shall influence or attempt to influence, or cause to be influenced, any City officer or employee to use his/her official capacity to secure unwarranted privileges or advantages for the Respondents or any other person.

1.5 Rights of The Law Department

The Law Department reserves, holds and may exercise, at its sole discretion, the following rights and options with regard this RFQ and the procurement process in accordance with the provisions of the applicable law:

• To determine that any Qualification Statement received complies or fails to comply with the terms of this RFQ.

• To waive any technical non-conformance with the terms of this RFQ.

• To supplement, amend or otherwise modify the RFQ through the issuance of notice to all prospective Respondents who have received a copy of this RFQ and provided contact information.

• To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to all prospective Respondents who have received a copy of this RFQ and provided contact information.

• To conduct investigations of any or all of the Respondents, as the Law Department deems necessary or convenient, to clarify the information provided as part of the Qualification Statement and to request additional information to support the information included in any Qualification Statement.

• To suspend or terminate the procurement process described in this RFQ at any time (in its sole discretion.) If terminated, the Law Department may determine to commence a new procurement process or exercise any other rights provided under applicable law without any obligation to the Respondents. The Law Department shall be under no obligation to complete all or any portion of the procurement process described in this RFQ.

1.6 Addenda or Amendments to RFQ

During the RFQ preparation or response period, the Law Department may issue addenda, amendments or answers to written inquiries. These addenda will be noticed by the Law Department and will constitute a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued prior to the Qualification Statement submission date.

1.7 Cost of Qualification Statement Preparation

Each Qualification Statement and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost and expense of the Respondent. There shall be no claims whatsoever against the City, its officers, officials or employees for reimbursement for the payment of costs or expenses incurred in the preparation of the Qualification Statement or other information required by the RFQ.

1.8 Qualification Statement Format

Qualification Statements should cover all information requested in this RFQ. Qualification Statements which, in the Law Department’s judgment, fail to meet the requirements of the RFQ or which are in any way conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors may be rejected. The Respondent shall not retype the required forms. They shall be completed and submitted in the form provided.

1.9 Requirements

Consistent with the New Jersey Pay-to-Play Law N.J.S.A. 19:44-20.4 et seq. and the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq., the Law Department is requesting Qualification Statements from person(s) and/or law firm(s) to provide Outside Counsel services. The Respondent is required to meet the following requirements:

1. The Respondent must be willing to complete and submit all of the attached and required documents as set forth below and in the Qualification Statement.

2. Each Qualification Statement must be signed by the person authorized to do so.

3. The following documents are required to be completed and submitted with the

Qualification Statement:

A. Documents which Respondent must independently obtain and provide:

o Respondent’s State of New Jersey Business Registration

Certificate (preferable at the time the proposal is submitted but may be submitted prior to award of a contract) o Evidence of a Certificate of Liability Insurance that meets the requirements as set forth below. (Certificate naming City as an Additional Insured and in compliance with all other requirements set forth in the RFQ must be provided prior to Contract execution) o Resumes of Individuals assigned to this contract and Firm Profile o Certificate of Employee Information Report or AA302 Form if

Respondent is not currently registered with the State. (preferable at the time of submission of proposal but may be submitted prior to execution of a contract)

B. Appendix Documents which Respondent must complete and provide:

o Completed Letter of Qualification (copy of form attached in Appendix) o Completed Letter of Intent (copy of form attached in Appendix) o Completed Non-Collusion Affidavit (copy of form attached in o Completed Statement of Ownership Disclosure Form (copy of form attached in Appendix) o Completed City of Newark Political Contribution Disclosure Form

– Revised City Ordinance, 6PSF-d (s) 06/22/2021. (copy of form attached in Appendix) o Completed Daniel’s Law Certification (copy of form attached in o Completed Disclosure of Prohibited Russia-Belarus Activities & Iran

Investment Activities Form (copy of form attached in Appendix) o Completed Disclosure of Investment Activities in Sudan Form (copy of form attached in Appendix) o Completed Criminal Conviction Questionnaire (copy of form o Completed Americans with Disabilities Act Form (copy of form

4. Certificate of Insurance must meet the following requirements:

Certificate of Insurance/Endorsements: A certificate of insurance from an insurer with a Best’s rating of no less than A indicating compliance with the required coverages, must be supplied to the City of Newark. The Successful Respondent must notify the City of Newark immediately, of any material change in insurance coverage, such as changes in limits, coverages, change in status of policy, etc. The City of Newark reserves the right to require complete copies of insurance policies at all times.

Primary Insurance. The Successful Respondent’s insurance coverage shall be primary insurance as respect to the City, its officers, officials, employees and volunteers and shall apply separately to each project or location. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Successful Respondent’s insurance and shall not contribute with it.

Professional Liability Insurance: The Successful Respondent shall purchase and maintain occurrence coverage with combined single limits for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate per year to cover such claims as may be caused by any act, omission, negligence of the Successful Respondent or its officers, agents, representatives, assigns or subcontractors. NOTE: If “occurrence” coverage is available or cost prohibitive, the Successful Respondent may provide “claims made” coverage provided the following conditions are met: 1) the commencement date of the contract must not fall outside the effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years; and 2) the claims made policy must have a three (3) year tail for claims that are made (filed) after cancellation or expiration date of the policy; or an extended claim reporting period deemed acceptable by the City.

Additional Insured Status: The City of Newark is to be listed as additional insured for liability arising out of activities performed by or on behalf of the Successful Respondent. This can be achieved by A and B below:

A. The following language on the face of the insurance certificate and in the policy:

“The City of Newark is included as additional insured.”

B. Provide the City with a copy of the Additional Insured Broad Endorsement Form.

5. The Successful Respondent understands that the award of the contract is subject to approval by the City of Newark Municipal Council.

6. The Successful Respondent/Contractor is advised of the responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005, c.271, s.3) and N.J.S.A. 19:44A-20.27 if the contractor receives contracts in excess of $50,000 from public entities in a calendar year. It is the Successful Respondent’s responsibility to determine if filing is necessary.

Additional information on this requirement is available form ELEC at 888-313- 3532 or at www.elec.state.nj.us.

7. Notice - Contractor Pay to Play Reform Ordinance, 6PSF-d (s) 06/22/2021.

http://www.elec.state.nj.us/

PLEASE TAKE NOTICE that the Municipal Council repealed and replaced Contractor Pay-to-Play Reform Ordinance, 6PSF-a, August 1, 2012. The new requirements are found at Contractor Pay to Play Reform Ordinance 6PSF-d

(s) 06/22/2021 (copy of Ordinance attached in Appendix)

8. Affirmative Action:

In accordance with Affirmative Action Law, P.L. 1975, c.127 (N.J.A.C. 17:27) with implementation of July 10, 1978, Successful Respondent(s) must agree to submit individual employer certifications and numbers or complete Affirmative Action employee information report (form AA-302). Also, during the performance of this contract, the contractor agrees as follows: (a) The contractor or subcontractor where applicable, will not discriminate against any employee because of age, race, creed, color, national origin, ancestry, marital status or affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex or handicap. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause: (b) the contractor or subcontractor, where applicable, will in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex or handicap; (c) the contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or worker's representative of the contractor's commitments under this act and shall post copies of the notice; (d) the contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the treasurer pursuant to the P.L. 1975, c.127, as amended and supplemented from time to time.

9. MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 2010, C. 127)

N.J.A.C. 17:27

GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS

Take Notice: During the performance of the contract, the contractor/firm shall comply with the State of New Jersey Mandatory Equal Employment Opportunity P.L. 2010 C.127 (NJAC 17:27) which will be incorporated into all goods, general services or professional services contracts awarded. As such, the contractor shall be agreeing to the following:

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affection-al or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, up-grading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice-ship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, col-or, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval; or

Certificate of Employee Information Report; or

Employee Information Report Form AA-302 (electronically provided by the Division and distributed to the public agency through the Division’s website at:

http://www.state.nj.us/treasury/contract_compliance.

The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.

10. Disclosure of Prohibited Russia-Belarus Activities & Iran Investment

Activities.

N.J.S.A. 52:32-55 prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors of Iran.

Company/Firm/Individual must indicate if they comply with the law by certifying the form.

Pursuant to N.J.S.A. 40A:11-2.1 the City of Newark’s Contracting Agency (in this instance, City of Newark) is required to notify the New Jersey Attorney General if it http://www.state.nj.us/treasury/contract_compliance determines a false certification has been submitted. (Form is attached to the Appendix.)

11. Disclosure of Investment Activities in Sudan.

Pursuant to Ordinance 6 PH S&F-b112007, the City of Newark shall not accept bids for any goods, materials, supplies and services required by the City of Newark from any business entity having investments, licenses or operations in the Republic of Sudan.

(Form is attached to the Appendix.)

SECTION 2

SCOPE OF SERVICES

2.1 Nature and Scope of Services

It is the intent of the Law Department to solicit Qualification Statements from Respondents that have expertise in providing the services described below. Respondents must demonstrate that they have and will continue to have the capabilities to perform these services.

The City of Newark is seeking WORKER’S COMPENSATION COUNSEL SERVICES as it is called upon to provide representation on behalf of the City in worker’s compensation matters. Counsel will have a close working relationship with the City’s Law Department.

Counsel will, on an “as needed” basis, be assigned and required to provide representation in all aspects of litigation, including but not limited to, preparation of pleadings, motions, and discovery documents; participation in all discovery including attendance at all depositions; participation in and attendance at settlement conferences, pre-trial motions and trials.

Counsel will be required to provide, quarterly, Key Performance Indicator (“KPI”) metrics that reflect the number of matters assigned, resolved/settled, and funds spent under the contract.

Counsel may also be called upon to provide other types of legal services of a specialized nature.

2.2 Compensation Method and Term of Contract

The term of this contract shall be for one year from January 1, 2026 to December 31, 2026. The City shall pay Counsel for legal services at the blended rate of $175.00 per hour for barred attorneys; and blended rate of $75.00 per hour non-barred attorneys, paralegals, and law clerks.

The blended hourly fee of $175.00 will include overhead, secretarial costs, and search engines at no additional costs. Expenses such as copying costs, travel expenses, postage, delivery charges and the like may be billed separately in accordance with the negotiated terms of the contract. The rates for expenses such as photocopies, faxes, etc.

shall be agreed upon by the parties. All cost for subcontractors shall be billed separately outside of the blended hourly, but as a part of the contractor’s monthly billing. No subcontractor shall bill the City directly for services that they rendered in agreement with the Contractor to provide legal service to the City. The rates for expenses for the subcontractors shall be agreed upon by the parties prior to them being retained by the contractor.

SECTION 3

SUBMISSION REQUIREMENTS

3.1 General Requirements

The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and financial qualifications set forth in this Section 3 and shall incorporate the information below.

In addition to the information required as described below, a Respondent may submit supplemental information it feels may be useful in evaluating its Qualification Statement.

Respondents are encouraged to be clear, factual, and concise in their presentation of information.

Respondents must submit their Qualification Statement to the Designated Contact Person:

Kenyatta K. Stewart, Corporation Counsel City of Newark – Law Department 920 Kenneth A. Gibson Blvd – 3rd Floor

Room 316 Newark, New Jersey 07102

Qualification Statement must be received by the Law Department no later than 10:15 am Eastern Standard Time on October 7, 2025 and must be submitted through the electronic procurement portal. Qualification Statement forwarded by in-person, facsimile, or e-mail will not be accepted. The Qualification Statement should be clearly marked “RFQ for Worker’s Compensation Counsel Services: Attention: Kenyatta K. Stewart, Corporation Counsel.”

3.2 Administrative Information Requirements

Respondents shall, as part of its Qualification Statement, provide the following information:

1. An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of the Qualification Statement.

2. Name, address and telephone number of the Respondent submitting a

Qualification Statement and the name of the key contact person.

3. A description of its business organization (i.e. corporation, partnership, joint venture, etc.), its ownership and its organization structure.

a. Provide the names and business addresses of all Principals of the

Respondent submitting the Qualification Statement. For purposes of this RFQ, “Principals” means person possessing an ownership interest in the Respondent. If the Respondent is a corporation, “Principals” shall include each investor who has any operational control over the Respondent, and every stockholder having an ownership interest of 10% or more in the firm.

b. If a Respondent is a partially owned or fully-owned subsidiary of another firm, identify the parent company and describe the nature and extent of the parents’ approval rights over the activities of the Respondent submitting a Qualification Statement. Describe the approval process.

c. If the Respondent is a partnership or a joint venture or similar organization, provide comparable information as required in (b) above for each member of the partnership, joint venture or similar organization.

d. A statement that Respondent has complied with all applicable affirmative action (or similar) requirements with respect to its business activities, together with evidence of such compliance.

4. The number of years Respondent has been in business under the present name.

5. The number of years the business organization has been under the current management.

6. A statement that the Respondent is in compliance with all applicable affirmative action (or similar) requirements with respect to its business activities, along with evidence of such compliance.

7. Any judgments within the last three (3) years in which Respondent or any member of the Firm, has been adjudicated liable for professional malpractice.

If yes, please explain.

8. Whether the Respondent is now or has been involved in any bankruptcy or re-organization proceedings in the last ten (10) years. If yes, please explain.

9. Confirm appropriate federal and state licenses to perform activities including a statement that neither the firm nor any individuals assigned to this engagement are disbarred, suspended, or otherwise prohibited from professional practice by any federal, state or local agency.

10. Whether the Respondent has performed any work, which is the subject of this

RFQ, for the City of Newark previously.

11. List all immediate relatives of Principal(s) of Respondent who are City of Newark employees or elected officials of City of Newark. For purposes of the above, “immediate relative” means a spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason of relation.

3.3 Professional Information Requirements

1. Respondent shall submit a description of its overall experience in providing the type of services sought in the RFQ. At a minimum, the following information on past experience should be included as appropriate to the RFQ:

a. Description and scope of work by Respondent.

b. Explanation of perceived relevance of the experience to the RFQ.

2. Brief description of Respondent’s relevant clients including municipal government clients during the last five (5) years.

3. Resumes of key employees that would be assigned to City of Newark matters.

4. A narrative statement of the Respondent’s understanding of the City’s needs and goals.

5. Limits of malpractice insurance coverage.

6. A listing of all other engagements where services of the types being proposed were provided in the past five (5) years. This should include other municipal governments and other levels of government. Contact information for the recipients of the similar services must be provided. The City may obtain references from any of the parties listed.

7. Respondents must demonstrate a proven record of cases tried before both the state and federal courts of New Jersey.

8. Respondents must list all cases where they represented the City or in which they sued the City or in which they represented a client that sued the City.

SECTION 4

EVALUATION

The City’s objective in soliciting Qualification Statements is to enable it to select one or more firms or individuals that will provide high quality and cost-effective legal services to the City of Newark. The City will consider Qualification Statements only from firms or individuals that, in the City’s sole judgment, have demonstrated the capability and willingness to provide high quality legal services in the manner described in this RFQ.

Qualification statements that meet the requirements set forth above, will be evaluated by the City. Qualified Respondents will be selected based on the evaluation factors set forth below:

1. Experience and reputation in the field;

2. Knowledge of the City’s Law Department;

3. Availability to accommodate the required meetings of the City;

4. Experience in the areas of law described in Section 2 of this RFQ;

5. Pertinent government experience;

6. Although a local Newark office is not required, it is preferred;

7. Utilization of local contractors and businesses; and

8. Evidence of the Firm’s commitment to diversity amongst its attorneys and staff;

9. Other factors demonstrated to be in the best interest of the City.

Each Qualification Statement must satisfy the objectives and requirements detailed in this RFQ.

The City will select the Firm(s) with the most advantageous Qualification Statements based on all of the evaluation factors set forth in this RFQ and that are in the best interest of the City. The City shall not be obligated to explain the results of the evaluation process to any Respondent.