OAKLAND USD RFP /09) ATTOR RNEY ENSATION WORKERS' COMP

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1 OAKLAND UNIFIED SCHOOL DISTRICTT REQUEST FOR PROPOSALSS ( NO / /09) ATTOR RNEY SERVICES WORKERS' COMP ENSATION DEFENSEE 1 OAKLAND USD RFP (NO / /09) ATTORNEY SERVICES, WORKERS COMPENSATION DEFENSE

2 REQUEST FOR PROPOSALS (15-16/09) ATTORNEY SERVICES WORKERS' COMPENSATION DEFENSE I. INTRODUCTION The Oakland Unified School District ( the District ) is seeking, through this Request for Proposals ( RFP ), qualified law firms ( Attorney ) to provide attorney services for defense of litigated workers' compensation claims. II. BACKGROUND 1. THE DISTRICT. The Oakland Unified School District served approximately 36,400 students in the academic year. During that year, the District operated a total of 90 schools: 50 elementary schools (K-5), 5 elementary/middle schools (K-8), 14 middle schools (6-8), 3 middle/high schools (6-12), 6 comprehensive senior high schools (9-12), and 12 alternative/continuation schools. The District employs approximately 4,360 staff, including certificated (credentialed teaching), classified (non-teaching) and management. The District s Fiscal Year Budget was approximately $551.9 Million, of which approximately $423.6 Million was general funds. We encourage you to explore our website for more information about the District at: and 2. CURRENT WORKERS COMPENSATION DEFENSE ENVIRONMENT. The District has approximately 115 open, litigated workers' compensation claims at any given time. Most claims are handled through the Oakland Workers' Compensation Appeals Board. Approximately 3-5% of claims are handled through the San Francisco Workers' Compensation Appeals Board. The District contracts with a third-party claims administrator, Hazelrigg Claims Management Services ( Hazelrigg ). Hazelrigg reviews and approves all payments for services relating to workers compensation litigation. In , the District paid $702, in defense litigation costs. In , the District paid $735, in defense litigation costs. III. SCHEDULE The schedule for this RFP is as follows: RFP Issuance September 28, 2015 Last Day for Questions October 5,

3 Last Day for Answers to Questions October 9, 2015 Proposals Due October 19, 2015 Interviews (if applicable) October 27, 2015 Notice of Intent to Award October 30, 2015 Award of Contract to Approved Counsel by District Board December 9, 2015 All questions concerning this RFP must be submitted by to Michael L. Smith, Deputy General Counsel no later than 4:30 p.m. on October 5, In order to be considered, the bid proposals must arrive at and be time and date stamped by the District s Office of the General Counsel (Attn: Michael Smith, Deputy General Counsel), 1000 Broadway, Suite 680, Oakland, CA 94607, no later than 3:00 p.m. (PST) on October 19, Fax or copies will not be accepted. IV. SCOPE OF SERVICES 1. DEFENSE OF WORKERS COMPENSATION CLAIMS. The District seeks law firm(s) specializing in the defense of litigated workers' compensation claims to provide legal services for the District. This service specifically entails providing legal review, advice, and representation to the District before the California Workers' Compensation Appeals Board. 2. REPORTING REQUIREMENTS. Attorney shall provide to Hazelrigg, or the District s designee, appropriate reports as requested by the District. 3. SETTLEMENT PROPOSALS. Attorney shall notify Hazelrigg, or the District s designee, of any settlement proposal received whether such proposal is oral or in writing. Oral reports of settlement demands will be followed as soon as is practical by a written confirmation of the demand. Offers or counteroffers to be initiated by Attorney shall be in writing and contain the details of the proposal along with the Attorney s recommendation and be submitted to Hazelrigg, or the District s designee, for approval prior to communicating any such offer or counteroffer to other parties. 4. CLOSING REPORT. In the event this Agreement is terminated as set forth herein or for any reason Attorney is to no longer represent the District with respect to the matters, Attorney shall submit a report, herein referred to as a Closing Report, describing the status of the matters, listing future court dates and other pertinent dates and setting forth any other information needed by another attorney to handle the matters. The Closing Report will be 3

4 expeditiously submitted, together with necessary executed Substitutions of Attorneys, to Hazelrigg, or the District s designee. 5. ORAL REPORTS Attorney shall immediately report orally to Hazelrigg, or the District s designee, in person or by telephone any event or discovery which is of an urgent nature or requires the immediate attention of the District. When requested, Attorney shall follow up such oral report with a written summary reiterating such event or discovery. Attorney shall immediately advise Hazelrigg, or the District s designee, in writing if an actual or potential conflict of interest arises or is discovered. 6. INDEMNITY. Attorney shall indemnify, defend and hold harmless the District, its Board, officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by Attorney, Attorney s employees, agents, subcontractors, or independent contractors or companies under the provisions of this Agreement. 7. NEGATION OF PARTNERSHIP. The District shall not become or be deemed a partner or joint venture with Attorney or associate in any such relationship with Attorney by reason of the provisions of this Agreement. Attorney shall not for any purpose be considered an agent, officer or employee of the District. 8. INSURANCE. In addition to any other insurance or bond required by this Agreement, Attorney shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): a. Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and b. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 1) Provide coverage for owned, non-owned and hired autos; and 2) Contain an additional insured endorsement in favor of the District, its Board, officers, agents and employees. c. Workers' compensation insurance, with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation and additional insured endorsement in favor of the District, its Board, officers, agents, employees and volunteers. d. Except for workers' compensation, insurance is to be placed with 4

5 insurers with a Best's rating of no less than A-. Any deductibles, selfinsured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A- must be declared prior to execution of this Agreement and approved by the District in writing. e. All policies shall contain an endorsement providing the District with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to the District on demand. f. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the District. g. Attorney shall furnish the District with a certificate of insurance and required endorsements evidencing the insurance required. The District may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. h. Unless otherwise approved by the District, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the District has approved lesser insurance requirements for Attorney. 9. TERMINATION. Either party may terminate the Agreement upon thirty (30) days written notice. However, The District may terminate the Agreement immediately without notice upon determining that such action is necessary to protect the interests of the District. Attorney shall, upon termination by either party, immediately deliver to new counsel a Substitution of Attorney form fully executed by Attorney. In the event of early termination, Attorney shall be paid only for work satisfactorily completed up to the date of termination and delivered to and accepted by The District. 10. OWNERSHIP AND INSPECTION OF FILES. All files, pleadings, reports, documents and other items remitted to Attorney pursuant to this Agreement are and shall remain the property of the District and shall be returned to the District upon full completion of each matter after the time for appeal has run. During the pendency of the case remitted, all billing, invoice, time and other non-privileged portions of the file shall be made available for inspection by the personnel of the District, Hazelrigg, or other person designated by the District at all reasonable times. It is understood and agreed during the pendency of any conflict representation case, physical possession of the file shall remain with Attorney who shall hold inviolate the 5

6 confidences of client as required by law. Should this Agreement be terminated, the files shall be returned to the District with all privileged materials appropriately sealed for transmittal to successor attorney of record for client. 11. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Alameda County, California. 12. ACCOUNTING RECORDS. Attorney shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such records and documentation shall be kept at Attorney s office during the period of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to District representatives upon request at any time during regular business hours. 13. COMPLIANCE WITH ALL LAWS. Attorney shall, at Attorney s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Oakland business tax certificate (Oakland Municipal Code Chapter 5.02) where required. All inquiries related to the RFP must be submitted in writing via to: Michael L. Smith Deputy General Counsel Oakland Unified School District 1000 Broadway Ste 680 Oakland, CA V. PROPOSAL CONTENTS The following criteria shall be required of all proposals submitted for the Proposal to provide some consistency for the Selection Committee reviewing these proposals. Any proposal not conforming to these requirements may be rejected as non-responsive. 1. Transmittal/Cover Letter 6

7 Proposals shall be addressed to Michael L. Smith, Deputy General Counsel, Oakland Unified School District, 1000 Broadway, Suite 680, Oakland, CA Include the name, title, address, and telephone number of the contact person responsible for the proposal so that the District may contact them regarding the proposal throughout the period of evaluation. Acknowledgement of receipt of any addenda shall be made in the Transmittal/Cover Letter, and the letter must be signed by the Proposer's corporate principal with contractual responsibility to bind the Proposer to the terms of the agreement. 2. Personnel/Experience This section shall include: a. Name and experience of the Attorney(s) who will be assigned to this contract. The Attorney(s) shall, in addition to meeting the minimum qualifications as shown in Item 2 in this section, have at least three (3) years of experience as an Attorney handling workers' compensation claims. b. Minimum Qualifications that must be met by individual(s) who will be assigned to the project are as follows: i. Member in good standing of the California State Bar Association. ii. Three (3) years of experience as a defense attorney on public entity workers' compensation claims. c. The resumes for personnel in this section shall not exceed two (2) pages each. Resumes should include a listing that contains previous experience that most closely relates to the type and scope of work for this RFP. The Oakland Unified School District Office of the General Counsel reserves the right to interview attorneys that are proposed for this account. The District reserves the right to reject any attorney that the District does not want to serve on the legal team assigned to the District s account. 3. Fees, Costs and Expenses The Proposal must contain a detailed listing of the Proposer's hourly billing rates, including a breakdown by additional staff, if applicable, i.e. Lead Attorney, Associate Attorney, Paralegal, Legal Assistant, and Clerical Support Personnel. Further, the Proposal must list all costs, fees and other charges that may be anticipated during the term of the Agreement and which will be charged to the District in connection with work performed under the Agreement. 7

8 In addition, the Proposal can and should set forth any and all special proposals on billing. For example, a flat rate charge of $x for a review and report on a file transferred from existing outside counsel to Attorney for handling, regardless of file size. Special proposals shall be set forth in the bid as a supplement to, and not a replacement of, the required recitation of hourly rates. As a means of facilitating the District s understanding of the monetary proposal, the Proposal must include a document labeled Exhibit A that is substantially presented as and consistent with the following: EXHIBIT A SERVICES RATES Defense of Workers' Compensation Claims Lead Attorney $ /hour Associate $ /hour Defense of Workers' Compensation Subrogation Lead Attorney $ /hour Associate $ /hour Defense of Workers' Compensation on Labor Code Lead Attorney Section 132a and serious and willful claims, O.B.A.E. $ /hour audits, Disability Retirement Claims, and Americans With Disability Act Associate $ /hour Paralegals and Legal Assistants (if applicable) Paralegal $ /hour Legal Assistant $ /hour Miscellaneous Staff (if applicable) $ /hour VI. SUBMITTAL OF PROPOSAL Firms responding to this RFP must provide four (4) copies of their Proposal, as well as an electronic copy on a USB flash drive. The submittal items must be placed in a sealed envelope bearing the Proposer's name and address, and delivered to the District s Office of the General Counsel, Attn: Michael L. Smith, 1000 Broadway, Suite 680, Oakland, CA 94607, no later than 3:00 p.m. (PST) on October 19, The District assumes no responsibility for non-receipt of submittal packages due to any delay including, but not limited to, carrier delay. It is the Proposer's responsibility to meet the deadline stated above. Submittals that do not contain the required number of copies and all of the information requested in this RFP may be considered non-responsive and 8

9 rejected without evaluation. Submittals received after the deadline or at the wrong location may be considered non-responsive. Fax or copies will not be accepted. All submittals become the property of the District and will not be returned. VII. SELECTION OF ATTORNEY Firms submitting a proposal must provide, in their submittal, verifiable evidence, such as references, demonstrating that they have considerable current and past experience in providing the services necessary for the work as described in this RFP. The District will evaluate Proposers based on demonstrated experience in workers' compensation defense, hourly fee schedule, other charges, expenses and fees, and location of servicing office. The District s Deputy General Counsel will review each proposal for completeness. Responding firms may be invited for personal interviews prior to final selection to further elaborate on their proposals. The District reserves the right to award a contract or contracts to the firm or firms that, in the sole judgment of the District, best accomplishes the desired results. The District reserves the right to reject any or all proposals, or to waive minor irregularities in a proposal. The District reserves the right to negotiate minor deviations to the proposal(s) with the successful firm(s). However, final contract language rests with the District in its sole discretion. The top qualified firm(s) will then be recommended to the District s Board of Education. The District reserves the right to assign each claim, individually, to the best- qualified firm. District to negotiate fee with best qualified successful firm(s). If agreement is not reached, District reserves the right to negotiate with next qualified firm on the short list. VIII. SOLICITATION CAVEAT The Proposer understands and agrees that the District shall have no financial responsibility for any costs incurred by the Proposer in responding to this RFP and shall not be liable for any Proposer's costs attributed to their own study and investigation of the Proposal. The District shall also have no financial 9

10 responsibility for any costs incurred by the Attorney until Attorney has executed a contract with the District and has been authorized in writing to proceed. The District reserves the right to terminate this RFP at any time. The submission of a proposal shall be conclusive evidence that the Proposer has investigated and satisfied themselves as to the conditions to be encountered; the character, quality, and scope of work to be performed; and any municipal and ordinance requirements of the District. IX. CONTRACT DOCUMENTS The District will not approve any requested modifications to the contract, including the insurance clause and the indemnity clause of this contract. At the time of contract execution, the law firm will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in this RFP. X. CONFLICTS AND COVENANT NOT TO SUE The selected law firm shall represent no client adverse to the interests of the District and shall covenant not to bring or participate in any legal action against the District. Review the attached Agreement for more information. XI. TERM OF ANTICIPATED AGREEMENT The anticipated Agreement shall continue for a period of two (2) years commencing December 9, 2015 (or, upon the date on which OUSD s Board approves contract with Attorney). The District, in writing and at its option, may extend the contract for one (1) additional year under the same terms and conditions. XII. PAYMENTS All payments for services will be made by the District s third party claims administrator, Hazelrigg & Associates, after their review and approval. The District shall pay no finance charge to Attorney. The compensation set forth in the Agreement shall be the total compensation for service by Attorney, including all outof-pocket costs incurred. The District shall pay no other fee than the compensation listed in the Agreement unless otherwise agreed to in writing by the District. 10

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