REQUEST FOR QUALIFICATIONS FOR Worker s Compensation Defense Attorney

Transcription

1 REQUEST FOR QUALIFICATIONS FOR Worker s Compensation Defense Attorney Issued by The Burlington County Municipal Joint Insurance Fund Date Issued: April 21, 2010 Responses Due by: Friday, May 14, 2010 at 12:00 Noon

2 REQUEST FOR QUALIFICATIONS (RFQ) FOR WORKER S COMPENSATION DEFENSE ATTORNEY FOR A TERM JULY 1, 2010 TO JUNE 30, 2012 I. PURPOSE AND INTENT Through this Request for Qualifications (RFQ), the Burlington County Municipal Joint Insurance Fund (hereinafter the Fund ) seeks to engage a vendor(s) as Worker s Compensation Defense Attorney for the period July 1, 2010 to June 30, This appointment will be awarded through a fair and open process pursuant to NJSA 19:44A et seq. II. PROPOSAL SUBMISSION Submit one original paper copy, clearly marked as the ORIGINAL The proposal must be addressed to the Fund Attorney: William John Kearns, Jr. Kearns, Reale & Kearns 630 Beverly-Rancocas Road Willingboro, NJ IN ADDITION to the Original hard copy, an electronic copy in Adobe Acrobat (PDF) format shall be submitted by to: William John Kearns, Jr. Paul A. Forlenza wjk@kvklaw.com Paul_Forlenza@ajg.com The proposal both hard copy and electronic copy - must be received by Friday, May 14, 2010 at 12:00 PM. (NOON) Faxed proposals will NOT be accepted. Any inquiry concerning this RFQ should be directed in writing to: William John Kearns, Jr. Kearns, Reale & Kearns 630 Beverly-Rancocas Road Willingboro, NJ (609) wjk@kvklaw.com

3 NOTE: Proposals being submitted MUST be identified as to whether the proposal is for General Liability Defense or Workers Compensation Defense. Separate submissions are required. If no designation is specified it will be treated as a proposal or General Liability Defense. All documents/information submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. The Fund will not be responsible for any costs associated with the oral or written and/or presentation of the proposals. The Fund reserves the right to reject any and all proposals, with or without cause, and waive any irregularities or informalities in the proposals. The Fund further reserves the right to make such investigations as it deems necessary as to the qualifications of any and all firms submitting proposals. In the event that all proposals are rejected, the Fund reserves the right to re-solicit proposals. III. GENERAL INFORMATION ON THE FUNCTIONS OF THE FUND The Fund is organized pursuant to NJSA 40A: to provide property/casualty insurance to its member local units. The Fund also provides its members with a comprehensive risk control and claims management program. The Fund is controlled by Board of Fund Commissioners that meet annually and elects an executive committee that meets on a monthly basis. The Fund is regulated by the Department of Banking and Insurance and the Department of Community Affairs. IV. MINIMUM QUALIFICATIONS As a minimum, the applicant shall have seven (7) years experience as a Worker s Compensation Defense Attorney for a joint insurance fund operating in the State of New Jersey or ten (10) years experience as a Worker s Compensation Defense Attorney for public entities. The applicant must demonstrate a comprehensive knowledge of New Jersey Statutes governing the operations of New Jersey municipalities, specifically Titles 40 and 40A and the Worker s Compensation statutes, specifically Title 34. In addition, the applicant must be able to demonstrate a consistent pattern of successfully defending public entities against claim petitions brought by public employees who claim injuries resulting from their employment. V. MANDATORY CONTENTS OF PROPOSAL In its proposal, the firm must include the following: 1) Contact Information: Provide the name and address of the firm, the name, telephone number, fax number, and address of the individual responsible for the preparation of the proposal. 2) A staffing plan listing those persons who will be assigned to the engagement if the Firm is selected, including the designation of the Firm s partner who would be responsible for all services required under the engagement. This portion of the proposal should include the relevant resume information for the individuals who will be assigned. This information should include, at a minimum, a description of the person s relevant professional experience, years and type of experience, and

4 number of years with the firm. Also include a copy of the data forms required by the Department of Banking and Insurance pursuant to NJAC 11: (c) 8. 3) A statement accepting the fee schedule (see Exhibit A) promulgated by the Fund. 4) A statement acknowledging the firms understanding of, and commitment to, full compliance with the Fund s Litigation Management Guidelines (see Exhibit B). 5) All proposals should include, at a minimum, the following: A. Knowledge of Statutes: In five pages or less describe your knowledge and experience with applicable statutes particularly: a.) Title 40 b.) Title 40A c.) Title 34 B. Experience: Demonstrate familiarity with and knowledge of: a.) State and Federal Court proceedings b.) Defense and settlement of Worker s Compensation claims against public entities including police professional liability 6) Describe experience with similar engagements by the individual who will actually be serving the Fund. Include a representative listing of clients with their contact names, titles, addresses, and telephone numbers. 7) An executive summary of not more than three pages identifying and substantiating why the firm is best qualified to provide the requested services. 8) A description of the firm s experience in performing services of the type described in this RFQ. Specifically identify client size and specific examples of similarities with the scope of services required under this RFQ. 9) A description of resources of the firm (i.e., background, location, experience, staff resources, financial resources, other resources, etc.). 10) The location of the office, if other than the firm s main office, at which the firm proposes to perform services required under this RFQ. Describe your presence in New Jersey. Specifically, the firm must state in its proposal whether or not the firm is registered as a small business enterprise ( SBE ) with the New Jersey Commerce and Economic Growth Commission New Jersey s Set-Aside Program. 11) In its proposal, the firm must identify any existing or potential conflicts of interest, and disclose any representation of parties or other relationships that might be considered a conflict of interest with regard to this engagement, or the Fund. The Fund Conflict of Interest Policy is attached hereto. VI. INTERVIEW The Fund reserves the right to interview any or all of the applicants submitting a proposal. Although interviews may take place, the proposal should be comprehensive and complete on its face. The Fund reserves the right to request clarifying information subsequent to submission of the proposal.

5 VII. SELECTION PROCESS AND CRITERIA All proposals will be reviewed to determine responsiveness. Non-responsive proposals will be rejected without evaluation. For firms that satisfy the minimum requirements, the Fund will evaluate proposals based on the following evaluation criteria, separate or combined in some manner, and not necessarily listed in order of significance: 1) The firm s general approach to providing the services required under this RFQ. 2) The firm s documented experience in successfully completing contracts of a similar size and scope to the engagement addressed by this RFQ. 3) The qualifications and experience of the Firm s partners, associates or other key personnel assigned to the engagement, with emphasis on documented experience in successfully representing clients of similar size and delivering services similar in scope to the services required by this RFQ. 4) This criterion will include, but not be limited to, the following factors: the number and qualifications of the Firm s partners, associates or other key personnel proposed by the Firm to perform the services required by this RFQ; the availability and commitment to the engagement of the Firm s partners, associates or other key personnel; the Firm s litigation management plan for this engagement, including the planned deployment of resources as outlined in the Firm s organizational chart.. VIII. INSURANCE REQUIREMENTS Upon approval of the firm by the Fund, the Firm shall provide at its own cost and expense proof of the following insurance to the Fund: 1) Errors and Omissions - A minimum limit of liability of one million ($1,000,000) dollars per incident and in the annual aggregate. Failure by the Firm to supply written evidence of the insurance coverage listed above, upon approval of the firm by the Fund, shall result in the firm being removed from the Fund s approved Defense Panel. The insurance company(s) for the above coverage must be licensed by the State of New Jersey and acceptable to the Fund. The Firm shall take no action to cancel or materially change any of the insurance required under this engagement without the Fund s prior approval. The maintenance of insurance shall not relieve the Firm of any liability greater than the insurance coverage.

6 CONFLICT OF INTEREST POLICY BURLINGTON COUNTY MUNICIPAL JOINT INSURANCE FUND The members of the JIF are all public entities and are subject to various statutory conflicts of interest standards, as well as the standards that have developed through various judicial decisions. The Commissioners of the JIF have determined that the JIF is distinguished from commercial insurance providers by virtue of the fact that it is formed by municipalities, it is funded by public monies appropriated by the member municipalities, it serves a public purpose and it is responsible for the discharge of its function in a manner consistent with ethical policies applicable to municipal government. The Commissioners of the JIF have, accordingly, established certain policies applicable to potential conflicts of interest by the officials and professionals serving the JIF. The municipalities that are members of the JIF are jointly responsible for the defense and payment of claims against each other in accordance with the standards and limitations applicable to the JIF. While in some aspects of its activity the JIF functions in a manner similar to that of a commercial insurance provider, it is clearly distinguished by the fact that it is created by the member municipalities; it is governed by Commissioners appointed by the member municipalities; its funding is provided exclusively by the member municipalities and thereby constitute public funds; those associated with the JIF are compensated with those public funds; the function of the JIF is to fulfill a public purpose by providing insurance coverage exclusively to its member municipalities; there is a need for those appointed by the JIF to freely discuss and evaluate potential liability exposures of the member municipalities and to receive information on municipal activities and operations in the same manner as those directly appointed by the member municipalities to advise them; and the JIF is bound by many of the same laws and regulations applicable to municipalities with regard to financial records, public contracts and public meetings. Conflict of Interest Policy It is inappropriate for an individual appointed or retained by the JIF, or for any person owning or employed by the business entity with which the appointed individual is associated, to undertake the representation or appear on behalf of a party in a matter or claim adverse to that of a member municipality. The potential conflict of interest or appearance of a conflict of interest specifically extends to the assertion of claims against member municipalities and to appearances before agencies of those municipalities.

7 In determining the nature and extent of the conflict of interest policy, guidance can be drawn from the Opinions of the Advisory Committee on Professional Ethics that address the restrictions on municipal attorneys and those associated with their law offices and the reasons underlying those Opinions. In adopting this Policy the Commissioners of the JIF are aware of Opinion No. 640 issued for attorneys by the Advisory Committee on Professional Ethics which compared a Municipal Joint Insurance Fund to a commercial insurance company and determined that there was not a conflict between representing a Joint Insurance Fund and appearing before a municipal agency. The Commissioners of the JIF do not, however, adopt the rationale of Opinion No The Commissioners have determined that the nature of the JIF; its creation by the member municipalities; its funding by the member municipalities; its governance by municipal officials appointed by the member municipalities and the need to share confidential information regarding potential liabilities affecting the member municipalities is sufficient to present a potential conflict of interest or the potential for an appearance of a conflict of interest which must be avoided by those associated with the JIF. Exceptions. The general policy prohibiting those retained or appointed by the JIF from appearing before agencies of the member municipalities shall not be applicable to the representation of parties in the Municipal Court for motor vehicle violations, including drunk driving, provided that the defense is not based upon and the parties are not asserting any claim against a police officer, a municipal employee or the municipality for any alleged wrongful or improper action. Even traffic violations require sensitivity to potential conflicts, since charges arising out of a motor vehicle accident, could result in a subsequent claim against the municipality. Those situations which could present a conflict of interest between the representation of a client and the representation of municipal interests should be avoided. Claims against municipal members will need to be evaluated and defended by the JIF and that defense should not be compromised by the representation of a party asserting a claim. The general policy prohibiting those retained or appointed by the JIF from appearing before agencies of the member municipalities may be waived with regard to the representation of parties with minor development applications before the Planning Board or the Zoning Board of Adjustment. Where a person retained or appointed by the JIF seeks to appear before the Planning Board or the Zoning Board of Adjustment of a member municipality for any relatively minor application, in which there is not a substantial adversarial relationship to the municipality, a waiver of the conflict of interest policy may be requested for that application. The request for the waiver shall be reviewed by the JIF Attorney and the JIF Commissioner of the municipality in which the application is to be considered. The JIF Commissioner shall determine whether a waiver shall be

8 allowed in the particular matter after considering the nature of the application and whether any use or significant bulk variances are requested. Nothing in the policy shall bar an individual from representing or appearing for himself or herself or a member of his or her immediate family residing with him or her before any municipal agency. As of January 1, 2010, the member municipalities of the Burlington County Municipal Joint Insurance Fund are: Township of Bass River City of Beverly City of Bordentown Township of Bordentown Township of Chesterfield Township of Delanco Township of Delran Township of Edgewater Park Township of Florence Township of Hainesport Township of Lumberton Township of Mansfield Township of Medford Township of Mount Laurel Township of Riverside Township of Shamong Township of Southampton Township of Springfield Township of Tabernacle Township of Weatampton Borough of Wrightstown

9 APPENDIX A Fee Schedule: Defense Attorney billing rates shall be as follows: General and Automobile Liability: Cases assigned prior to 1/1/2002 Cases assigned after 1/1/2002 Cases assigned after 1/1/2003 Cases assigned after 1/1/2004 Cases assigned after 1/1/2006 Cases assigned after 1/1/2009 Cases assigned after 7/1/2011 $115 per hour $125 per hour $130 per hour $135 per hour $135 per hour $145 per hour $ per hour Paralegals shall be compensated at $90 per hour Subrogation cases 25% contingent fees plus reimbursement of actual expenses Workers Compensation: $90.00 per hour with a maximum of $45 charge per court appearance Occupational cases - $90 per hour (from inception) Hourly rates for worker s compensation will be reviewed during the first half of 2011, with any revisions to be effective July 1, 2011 The above rates include all reasonable office overhead expenses (e.g.) postage, faxes, telephone, copies, etc. and in conformance with the Litigation Management Guidelines, which include flat fee provisions, and