Conflict Bond Counsel

TOWNSHIP OF NORTH BERGEN
County of Hudson
State of New Jersey
REQUEST FOR QUALIFICATIONS (RFQ)
FAIR & OPEN PUBLIC SOLICITATION PROCESS
PROFESSIONAL SERVICES
RFQ 2027-6 LEGAL REPRESENTATION
Conflict Bond Counsel
Submission Date:
Thursday, October 29, 2026
11:00 A.M. prevailing time
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TOWNSHIP OF NORTH BERGEN
HUDSON COUNTY, NEW JERSEY
PUBLIC NOTICE FOR THE SOLICITATION OF REQUEST FOR QUALIFICATIONS
PROFESSIONAL SERVICE CONTRACTS
(One-Year)
NOTICE IS HEREBY GIVEN that sealed request for qualifications submissions will be received by the
Township of North Bergen Purchasing Agent for the services set forth below in accordance with the "fair and
open process" pursuant to N.J.S.A. 19:44A-20.5, et seq.:
RFQ# PROFESSIONAL SERVICE
RFQ 2027-6 Legal Representation
1. Conflict Bond Counsel
Submission package may be examined or obtained at the Township Purchasing Office, Township of North
Bergen, 4233 Kennedy Boulevard, North Bergen, NJ, 07047 (phone 201-392-2040), Monday through Friday
during business hours, 9:00 a.m. to 4:00 p.m. or downloadable on the Township's website
www.northbergen.org/notices.
Request for qualifications ("RFQ") responses shall be submitted to Carmen M. Borrell, Purchasing Agent,
on or before Thursday, October 29, 2026 at 11:00 am prevailing time.
Responses must be enclosed in a sealed envelope. The service provider must indicate the following on
the outside of the envelope: (1) the name and address of the service provider; (2) the RFQ# and Title of the Legal
Service for which the response is submitted; and (3) "Sealed RFQ Response". Responses may be delivered by
hand, overnight courier or mail. The envelope containing the response must be received by the Township of
North Bergen by the date and time set forth above. No late responses will be accepted.
If awarded a contract, your company/firm shall be required to comply with the requirements of N.J.S.A.
10:5-31, et seq. and N.J.A.C. 17:27, et seq.
Contracts will be awarded based on the most advantageous responses. A form of contract is available
upon request from the Law Department. The Township of North Bergen reserves the right to reject any or all
responses.
Carmen M. Borrell
Purchasing Agent
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INVITATION TO SUBMIT QUALIFICATIONS
Proposals are being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.1, et seq.
These qualifications are being sought pursuant to the Local Public Contracts Law.
Respondents should submit an original and one copy of their proposals.
Respondents are expected to examine the RFQ with care and observe all its requirements. All questions about the
meaning or intent of this RFQ shall be submitted in writing no less than 5 days prior to the due date of the proposal.
All interpretations and clarifications considered necessary by the Township's representative in response to such
comments and questions shall be responded to no less than 3 days prior to the due date of the proposal and will
be posted online at www.northbergen.org/notices.
The Township assumes no responsibility and liability for costs incurred by the Respondents prior to the issuance
of an agreement. The liability of the Township shall be limited to the terms and conditions of the contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either stated in the
proposal or used as a basis for its pricing are required to be all-inclusive. Additional charges, unless incurred for
additional work performed by request of the Township, are not to be billed and will not be paid.
Any contract entered into between the Respondent and the Township must be in accordance with and subject to
compliance by both parties with the New Jersey Local Public Contracts Law. The Respondent must agree to
comply with the nondiscrimination provisions and all other laws and regulations applicable to the performance
of services there under. The Respondent shall sign and acknowledge such forms and certificates as may be
required by this section.
No corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of
any goods, unless, with receipt of the proposal of said corporation or partnership, there is submitted a statement
setting forth the names and addresses of all stockholders in the corporation or partnership who own ten (10)
percent or greater interest therein. The Respondent shall complete and submit the form of statement that is
included in this RFQ.
The Township shall retain all of its rights and interest in any and all documents and property both hard copy and
digital furnished by the Township to the Respondent for the purpose of assisting the Respondent in the
performance of this contract. All such items shall be returned immediately to the Township at the expiration or
termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None
of the documents and/or property shall, without the written consent of the Township, be disclosed to others or
used by the Respondent or permitted by the Respondent to be used by their parties at any time except in the
performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the Township pursuant to this
contract shall belong exclusively to the Township. All data, reports, computerized information, programs and
materials related to this project shall be delivered to and become the property of the Township upon completion
of the project. The Respondent shall not have the right to use, sell, or disclose the total of the interim or final work
products, or make available to third parties, without the prior written consent of the Township. All information
supplied to the Township may be required to be supplied in a format compatible with the Township's computer
operating system, which is Windows based.
The right to reject any or all proposals and to waive immaterial formalities is reserved by the Township.
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SCOPE OF SERVICES, COMPENSATION & EVALUATION CRITERIA
The Township of North Bergen ("Township") is soliciting qualifications to provide for the following Professional
Services:
RFQ 2027-6: Legal Representation
Scope of Services:
The Township requires the services of Conflict Bond Counsel to represent the Township on any bond or
note issues, or other transactions or bond counsel services where the Township's Bond Counsel is
conflicted, including the following:
(1) Counsel will prepare or review all bond ordinances adopted or to be adopted by the
governing body.
(2) Counsel will assemble a certified record of proceedings to evidence the proper adoption of
each bond ordinance in accordance with the provisions of the Local Bond Law and other applicable New
Jersey statutes.
(3) When the Township determines to issue bonds or notes, Counsel will prepare the necessary
resolutions or other operative documents to set up the bond or note sale and will submit them to the
Township's general counsel for review. Counsel will seek the advice of the Township's financial advisor
and/or auditor in connection with the appropriate maturity schedule for the bonds or notes to be sold and
will review legal issues relating to the structure of the bond or note issue. Counsel will assist the Township
in seeking from other governmental authorities such approvals, permissions and exemptions as Counsel
determines are necessary or appropriate in connection with the authorization, issuance and delivery of
bonds or notes. Counsel will review those sections of the official statement, private placement
memorandum or other form of offering or disclosure document to be disseminated in connection with the
sale of the bonds or notes and will arrange for the printing and the distribution of such offering or
disclosure document. Counsel will prepare and review the notice of sale pertaining to the competitive sale
of the bonds or notes and will arrange for the printing of such notice of sale in The Bond Buyer as
applicable, and will answer inquiries made by the investment community concerning the bond or note
sale. Counsel will assist the Township in presenting information to bond rating organizations and
providers of credit enhancement relating to legal issues affecting the issuance of bonds or notes. Counsel
will render legal advice as necessary concerning the submission of bids for the bonds or notes in
accordance with the notice of sale and the requirements of law. After the bond or note sale, Counsel will
prepare the bonds or notes for execution, will prepare and see to the execution of the necessary closing
certificates, including the continuing disclosure undertaking of the Township, and will establish the time
and the place for the delivery of the bonds or notes to the successful bidder. Counsel will coordinate the
closing, at which time the bonds or notes will be delivered, payment will be made for the bonds or notes,
and Counsel will issue a final approving legal opinion with respect to the validity and binding effect of
the bonds or notes, the source of payment and security for the bonds or notes and the excludability of
interest on the bonds or notes from gross income for federal and New Jersey income tax purposes, if
applicable.
(4) Counsel will provide basic advice in regard to the effect of the federal arbitrage regulations
on the issuance of bonds or notes and the investment of the proceeds thereof.
(5) Counsel will provide such other services as may be requested from time to time by the
Township including any referendum, validation proceedings or other action relating to the Township or
the authorization and issuance of a financing instrument by the Township, or other transactions involving
the Township.
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Compensation:
Compensation for the services will be as follows:
(1) For services rendered in connection with each bond sale, a fee of $3,500, plus $1.00 per
thousand dollars of bonds issued for the first $15,000,000 of bonds issued and $.75 per thousand dollars
of bonds issued in excess of $15,000,000. If there is more than 1 series of bonds issued, there will be an
additional charge of $1,000 for each such additional series.
(2) For services rendered in connection with (i) the preparation or review of each bond
ordinance and (ii) the compiling and review of a certified record of proceedings in connection therewith,
an aggregate fee of $600.
(3) For services rendered in connection with each note sale, a fee equal to the greater of (i)
$.50 per thousand dollars of notes issued up to $15,000,000 of notes issued and $.40 per $1,000 of notes
in excess of $15,000,000 or (ii) $1,000. If more than one series of notes are issued, there will be an
additional charge of $500 for each such additional series.
(4) For services rendered in connection with arbitrage compliance and related tax analysis, a
fee of $500.
(5) In the event that a letter of credit, bond insurance, or similar credit enhancement facility is
used in connection with either a bond or note issue, an additional fee of $1,000 will be charged.
(6) In the event of a refunding bond issue consistent with the provisions of the Internal
Revenue Code to provide for the payment of a prior issue of bonds, there will be an additional fee of
$5,000 for each refunded issue.
(7) Services rendered on an hourly basis, including preparation of an application to and an
appearance before the Local Finance Board, attendance at meetings, litigation, continuing disclosure
undertakings, preliminary and final official statement or other offering or disclosure document work, and
any other services required by the Township, will be billed at the blended hourly rate of $180 per hour for
attorneys and $150 per hour for legal assistants. Counsel shall not charge the Township for administrative
work and services performed by secretarial staff.
(8) Counsel's fee is usually paid at the closing of the bonds or notes, and Counsel customarily
does not submit any statement until the closing unless there is a substantial delay in completing the
financing. In the event that legal services described herein are provided in connection with a bond or note
sale and the bond or note sale is not consummated or is completed without the delivery of Counsel's bond
opinion as bond counsel, or the agreement is terminated prior to the sale of bonds or notes, the fee for
services to be charged shall be based on the hourly rates as set forth in paragraph 7 above.
(9) Reasonable and customary out of pocket expenses and other charges, including but not
limited to, photocopying, express delivery charges, travel expenses, telecommunications, telecopy, filing
fees, computer-assisted research, book binding, messenger service or other costs advanced on behalf of
the Township, shall be added to the fees referred to in the agreement and shall be itemized in each invoice
presented to the Township. Said expenses and reimbursement therefore shall be consistent with the
following:
* Copy Cost: $0.05/page for 8 12" x 11"
$0.07/page for 8 12" x 14"
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* Postage: Direct Reimbursement
* Travel Expenses: Prevailing IRS rate/mile plus Tolls and Parking
* Court Fees: Direct Reimbursement
* Filing Fees: Direct Reimbursement
* Transcript Cost: Direct Reimbursement
* Any other reasonable and necessary expenses incurred in the course of
performing the contract: Direct Reimbursement
Evaluation Criteria
Responses will be evaluated by the Township on the basis of the following criteria, and awarded based on
the proposal deemed most advantageous to the Township.
The evaluation will consider:
1. Experience and reputation in the field.
2. Knowledge of the Township of North Bergen and of legal matters concerning the
Township, and of the subject matter to be addressed under the area of expertise.
3. Familiarity with the State departments, agencies administrative tribunals before which
Township matters may be brought.
4. Two (2) samples of the attorney's work product prepared within the past 24 months.
5. The amount of resources, including the number of attorneys and staff available to attend
to Township matters.
6. Other factors if demonstrated to be in the best interest of the Township of North Bergen.
Each criteria will be scored from 0 - 10, 0 being the lowest, 10 being the highest for each factor. Each
criteria have equal weight on scoring. Scoring of submissions will be made by an evaluation committee.
SCHEDULE OF EVENTS
EVENT DATE
RFQ Issue Date ........................................................................................................................................... 10/8/26
RFQ Response Due Date .......................................................................................................................... 10/29/26
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SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
1.0 PROJECT OVERVIEW
The Township seeks Qualifications to provide professional services listed herein.
1.1 CONTRACT TERM
The contract term is for a period from March 1, 2027 through December 31, 2027.
1.2 SINGLE POINT OF CONTACT
From the date this Request for Qualifications (RFQ) is issued until a vendor is selected and the selection is
announced by the procurement officer, vendors may not communicate with any Township staff,
Commissioners or Officials regarding this procurement, except at the direction of Carmen Borrell the
procurement officer in charge of the solicitation. Any unauthorized contact may disqualify the vendor from further
consideration. Contact information for the single point of contact is as follows:
Procurement Officer: Carmen M. Borrell
Township of North Bergen
4233 Kennedy Boulevard
North Bergen, NJ 07047
Phone: 201-392-2040
E-mail: Cborrell@northbergen.org
1.3 REQUIRED REVIEW
1.3.1 Review RFQ. Respondents should carefully review all instructions, mandatory requirements,
specifications, standard terms and conditions set out in this RFQ and promptly notify the procurement officer
identified above in writing, fax or via e-mail of any ambiguity, inconsistency, unduly restrictive specifications,
or error which they discover upon examination of this RFQ. This should include any terms or requirements within
the RFQ that either preclude the respondent from responding to the RFQ or add unnecessary cost.
This notification must be accompanied by an explanation and suggested modification and be received by
the deadline for receipt e-mailed inquiries set forth above. The Township will make any final determination of
changes to the RFQ.
1.3.2 Form of Questions. Respondents with questions or requiring clarification or interpretation of any
section within this RFQ must address these questions in writing, via e-mail, to the procurement officer referenced
above within the timeframe referenced above. Each question must provide clear reference to the section, page,
and item in question. Questions received after the deadline may not be considered.
1.3.3 Township Response. The Township will provide written answers to respondents' questions. Any
other form of interpretation, correction, or change to this RFQ will not be binding. Respondents must sign and
return any addendum with their RFQ response. Questions and responses will be posted online at
www.northbergen.org/notices.
1.4 PRE-PROPOSAL CONFERENCE
No pre-proposal conference is scheduled.
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1.5 GENERAL REQUIREMENTS
1.5.1 Acceptance of Standard Terms and Conditions/Contract. By submitting a response to this
RFQ, proposer agrees to acceptance of the standard terms and conditions as set out in this RFQ and the form of
contract available from the Township Attorney. Much of the language included in the standard terms and
conditions reflects requirements of New Jersey law. Requests for additions or exceptions to the standard terms
and conditions including any necessary licenses, or any added provisions must be submitted to the procurement
officer referenced above by the date for receipt of written/e-mailed questions and must be accompanied by an
explanation of why the exception is being sought and what specific effect it will have on the proposer's ability to
respond to the RFQ or perform the contract. Any material exceptions requested and granted to the standard terms
and conditions language will be addressed in any formal written addendum issued for this RFQ and will apply to
all respondents submitting a response to this RFQ. The Township will make any final determination of changes
to the standard terms and conditions.
1.5.2 Resulting Contract. This RFQ and any addenda, the respondent's RFQ response, including any
amendments and any clarification question responses, shall be included in any resulting contract. The Township's
contract contains the contract terms and conditions which will form the basis of any contract between the
Township and the selected respondent. In the event of a dispute as to the duties and responsibilities of the parties
under this contract, the contract, along with any attachments prepared by the Township, will govern in the same
order of precedence as listed in the contract.
1.5.3 Mandatory Requirements. To be eligible for consideration, a respondent must meet the intent of
all mandatory requirements. The Township will determine whether a respondent's RFQ response complies with
the intent of the requirements. RFQ responses that do not meet the full intent of all requirements listed in this
RFQ may be subject to point reductions during the evaluation process or may be deemed non-responsive.
1.5.4 Understanding of Specifications and Requirements. By submitting a response to this RFQ,
respondent agrees to an understanding of and compliance with the specifications and requirements described in
this RFQ.
1.5.5 Proposer's Signature. The proposals must be signed in ink by an individual authorized to legally
bind the business submitting the proposal. The respondent's signature on a proposal in response to this RFQ
guarantees that the offer has been established without collusion and without effort to preclude the Township from
obtaining the best possible supply or service. Proof of authority of the person signing the RFQ response must be
furnished upon request.
1.5.6 Offer in Effect for 60 Days. A proposal may not be modified, withdrawn or canceled by the
respondent for a 60-day period following the deadline for proposal submission as defined in the Schedule of
Events and proposer so agrees in submitting the proposal.
1.6 SUBMITTING A PROPOSAL
1.6.1 Organization of Proposal. Respondents shall organize their proposal into sections that follow the
requirements of this RFQ, particularly the Evaluation Criteria above.
1.6.2 Failure to Comply with Instructions. Proposers failing to comply with these instructions may
be subject to point deductions.
1.6.3 Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically
be disqualified from further consideration. It shall be the respondent's sole risk to assure delivery at the
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designated office by the designated time. Late proposals will not be opened and will be returned to the respondent
at their expense or destroyed if requested.
1.7 COST OF PREPARING A PROPOSAL
1.7.1 Township Not Responsible for Preparation Costs. The costs for developing and delivering
responses to this RFQ and any subsequent presentations of the proposal as requested by the Township are entirely
the responsibility of the respondent. The Township is not liable for any expense incurred by the respondent in the
preparation and presentation of their proposal or any other costs incurred by the respondent prior to execution of
a contract.
1.7.2 All Timely Submitted Materials Become Township Property. All materials submitted in
response to this RFQ become the property of the Township and are to be appended to any formal documentation,
which would further define or expand any contractual relationship between the Township and respondent resulting
from this RFQ process.
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SECTION 2: RFQ STANDARD INFORMATION
2.0 AUTHORITY
This RFQ is issued under the authority of the Township of North Bergen. The RFQ process is a procurement option allowing the award
to be based on stated evaluation criteria. No other evaluation criteria, other than as outlined in the RFQ, will be used.
2.1 RESPONDENT COMPETITION
The Township encourages free and open competition among potential respondents. Whenever possible, the Township will design
specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the Township's
need to procure technically sound, cost-effective services and supplies.
2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
2.2.1 Public Information. All information received in response to this RFQ, including copyrighted material, is deemed
public information and will be made available for public viewing after the time for receipt of proposals has passed with the following
four exceptions: (1) bona fide trade secrets meeting the requirements of the Uniform Trade Secrets Act, Title 30, chapter 14, part 4,
MCA, that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the
Township; (3) any company financial information requested by the Township to determine vendor responsibility, unless prior written
consent has been given by the respondent and (4) other constitutional protections, or not subject to disclosure according to OPRA
guidelines.
2.2.2 Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFQ, the
procurement officer in charge of the solicitation will review the proposals and separate out any information that meets the referenced
exceptions in Section 2.2.1 above, providing the following conditions have been met:
* Confidential information is clearly marked and separated from the rest of the proposal.
* The proposal does not contain confidential material in the cost or price section.
* An affidavit from a respondent's legal counsel attesting to and explaining the validity of any trade secret claim asserted by the
proposer.
Information separated out under this process will be available for review only by the procurement officer, the evaluation committee
members, and limited other designees. Respondents must be prepared to pay all legal costs and fees associated with defending a claim
for confidentiality in the event of a "right to know" (open records) request from another party.
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
2.3.1 Initial Classification of Proposals as Responsive or Non responsive. All proposals will initially be classified as
either "responsive" or "non responsive". Proposals may be found nonresponsive any time during the evaluation process if any of the
required information is not provided; or the proposal is not within the plans and specifications described and required in the RFQ. If a
proposal is found to be nonresponsive, it may be subject to point deductions or rejected.
2.3.2 Determination of Responsibility. The Township will determine whether a respondent has met the standards of
responsibility. Such a determination may be made at any time during the evaluation process if information surfaces that would result in
a determination of non-responsibility.
2.3.3 Evaluation of Proposals. The Township will evaluate the proposals and recommend whether to award the contract
to the firm determined to best meet the needs of the Township or, if necessary, to seek discussion in order to determine the firm to be
selected. All responsive proposals will be evaluated based on stated evaluation criteria. The Township may consider such factors as
accepted industry standards and a comparative evaluation of all other qualified RFQ responses in terms of differing quality and
contractual factors. These will be used to determine the most advantageous offering to the Township.
2.3.4 Completeness of Proposals. Selection and award will be based on the respondent's proposal and other items outlined
in this RFQ. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries,
unless specifically requested. Information or materials presented by respondents outside the formal response or subsequent discussion
may not be considered.
2.3.5 Opportunity for Discussion and/or Oral Presentation/Product Demonstration. After receipt of all proposals and
prior to the determination of the award, the Township may initiate discussions with one or more respondents should clarification be
necessary. In either case, respondents should be prepared to send qualified personnel to the Township of North Bergen to discuss
technical and contractual aspects of the proposal. Oral presentations/demonstrations, if requested, shall be at the respondent's expense.
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