ELECTRICAL EMPLOYERS SELF INSURANCE SAFETY PLAN

Transcription

1 ELECTRICAL EMPLOYERS SELF INSURANCE SAFETY PLAN REQUEST FOR PROPOSAL FOR ALTERNATE DISPUTE RESOLUTION WORKERS COMPENSATION ARBITRATION AND MEDIATION SERVICES The following items are to be included with the proposal and made part of any agreement entered into pursuant to this RFP. Please provide: Cover Letter and Resume Requests for Information Responses Qualifications Conflicts of Interest Additional Information Certifications A. Submittal of Proposal Certification B. Disclosure of Contacts Certification 1

2 ELECTRICAL EMPLOYERS SELF INSURANCE SAFETY PLAN REQUEST FOR PROPOSAL FOR WORKERS COMPENSATION ARBITRATION AND MEDIATION SERVICES PROPOSALS WILL BE RECEIVED BY THE UNDERSIGNED UNTIL 3:00 PM ON NOVEMBER 22, 2013: Electrical Employers Self Insurance Safety Plan ATTN: Jean L AlIier Director Harry Van Arsdale, Jr. Avenue Flushing, New York Telephone: (718) Fax: (718) Address: jlallier@jibei.com Parties must mark clearly on submission envelope: Workers Compensation Mediation and Arbitration Services RFP Opening Date & Time: 3:00 PM, November 22, 2013 Attention: Jean L Allier Proposal must be received at the Joint Industry Board of the Electrical Industry, 158-ll Harry Van Arsdale, Jr. Avenue, Flushing, New York 11365, ATTN: Jean L AIlier. Questions are due by November 12, If interviews are required, they will be scheduled. 2

3 I. INTRODUCTION The Joint Industry Board of the Electrical Industry ( JIB ) provides administrative oversight with respect to the group self insured benefit provided by the Electrical Employers Self Insurance Safety Plan ( EESISP ). EESISP supplies statutory and supplemental workers compensation and supplemental benefits to employers participating in a collective bargaining agreement with Local Union #3 of the International Brotherhood of Electrical Workers, AFL-CIO. The JIB also serves as the ERISA administrator of over 15 Taft-Hartley trust funds with over $10 billion under management. II. OBJECTIVES EESISP is seeking to secure a panel of arbitrators and mediators to serve as part of the attached Alternate Dispute Resolution ( ADR ) program approved by the New York State Workers Compensation Board. III. PROFILE OF EESISP AND THE ADR PROGRAM EESISP is a group self insured trust created by a collective bargaining agreement between Local Union #3 of the IBEW and the signatory employer contractors who perform various aspects of electrical work in the five boroughs of New York City and the immediate vicinity. The Workers Compensation Board authorized EESISP to act as a group self insured in Currently, over 12,000 electricians and over 400 employers are subject to the collective bargaining agreement covered by EESISP. In 1996, the Workers Compensation Board approved EESISP to participate in the first ADR program in New York pursuant to Section 25(2-c) of the Workers Compensation Law. EESISP is currently comprised of a staff of approximately twenty individuals with specific responsibilities in the areas of safety, risk management, code 59 compliance, litigation, claims examining and various clerical functions. EESISP currently schedules mediations and arbitrations once a month. There are about 15 cases on each mediation calendar and approximately 3 to 6 cases on each arbitration calendar. Multiple hearings are frequently scheduled on each individual case (with use of a court reporter for arbitrations and a tape recorder for mediations). Most cases are settled by the parties at mediation or arbitration and less than five cases are annually arbitrated to conclusion. Appeals from the Arbitrator s decision are taken to the Appellate Division, Third Department. Mediations and arbitrations take place at the JIB offices in Flushing, New York. 3

4 This RFP does not commit EESISP to negotiate a contract, nor does it obligate EESISP to pay for any costs incurred in the preparation and submission of proposals or other costs incurred prior to entering into a formal agreement. IV. SCOPE OF SERVICES SOUGHT The individuals being sought under this RFP will provide services to include, but not be limited to, the following: 1. Services as an Arbitrator and Mediator pursuant to the ADR agreement and applicable New York State law. Please note that individuals may not serve as both an Arbitrator and Mediator in the ADR program. V. REQUESTS FOR INFORMATION All proposals should contain direct responses to each of the following requests for information. Responses should begin with the request and follow in the order presented. 1. Please provide a detailed resume including professional achievements. 2. Please highlight knowledge or experience with legal, workers compensation or ADR matters. 3. Please note any particularly significant similar projects in which the bidder has participated in recent years. 4. Please provide high quality references from clients for whom the bidder has performed similar work. VI. BIDDER QUALIFICATIONS The Bidder(s) selected in accordance with this RFP shall possess an in depth knowledge of New York State workers compensation legal and regulatory matters sought with regards to the Objectives of this RFP. Such Bidder(s) shall have extensive technical knowledge of all provisions of the New York State workers compensation law and should have an understanding of the ADR program established by Section 25(2-c) of the Workers Compensation Law. Special consideration will be given to bidders who have previously served as a New York State Workers Compensation Law Judge. The bidder(s) awarded responsibility for this project will be required to execute an agreement in a form and with content acceptable to EESISP. 4

5 VII. CONFLICTS OF INTEREST EESISP wishes to retain a bidder(s) for purposes of this project that will not be conflicted by other interests. Please address this issue in your proposal. Two kinds of conflicts must be disclosed: i) those that would violate the laws and rules regulating any professional codes of conduct and ii) those that could potentially be contrary to EESlSP s or the JIB s interests. Please also provide statements identifying any potential conflicts of interest, contacts, or relationships with any individuals or entities who are officers, members of the executive committee, employees, agents, vendors of or are otherwise associated with EESISP, the JIB, Local Union #3 of the IBEW, any employers subject to the collective bargaining agreement, the Association of Electrical Contractors, or the New York Electrical Contactors Association. Specifically address any prior representation of any of the entities or individuals listed above. Bidder(s) should not have any known conflicts of interest which are likely to require the bidder(s) to decline requested services associated with the project described in this RFP. EESISP or the JIB currently retains the following law firms, actuaries, consultants and other entities. Please comment on any potential conflicts of interest with these individuals/entities: Milliman Consultants White & McSpedon Wilson Elser Moskowitz Edelman & Dicker Cohen Weiss & Simon LLP Proskauer Rose LLP Weiss Wexler & Wornow Magnacomp McGladrey The Segal Company Jones Jones LLP Alliant Insurance Services, Inc. 5

6 VIII. PRICING OF SERVICES A. Please submit bids for MEDIATION services itemized as follows: 1) $ for a half day calendar and $ for a full day calendar. 2) Flat fee of $ to approve section 32 agreements, scheduled loss of use stipulations, attorney fee applications and any other stipulations, agreements or applications required to be filed with the Workers Compensation Board. Hourly Fee Any off calendar work, e.g., drafting decisions, legal research, etc., will be compensated at a rate of $ per hour. Continuing Education The Mediator(s) will be expected to participate annually in continuing education involving New York State Workers Compensation Law, for example, attendance at one New York State Self Insurance Association ( NYSIA ) conference annually or a similar educational seminar. The cost of attending continuing education seminars will be a reimbursable expense. Other Fee Requests Please indicate any other fee or pricing requests here. B. Please submit bids for ARBITRATION services itemized as follows: 1) $ for a half day calendar and $ for a full day calendar. 2) Flat fee of $ to approve section 32 agreements, scheduled loss of use stipulations, attorney fee applications and any other stipulations, agreements or applications required to be filed with the Workers Compensation Board. Hourly Fee Any off calendar work, e.g., drafting decisions, legal research, etc., will be compensated at a rate of $ per hour. Continuing Education The Arbitrator(s) will be expected to participate annually in continuing education involving New York State Workers Compensation Law, for example, attendance at one New York State Self Insurance Association ( NYSIA ) conference annually or a similar educational seminar. The cost of attending continuing education seminars will be a reimbursable expense. Other Fee Requests Please indicate any other fee or pricing requests here. 6

7 IX. PROPOSAL EVALUATION SELECTION CRITERIA The selection criteria to be used to select a successful bidder will include, but is not limited to the following: Established record of consistent, professional service and reputation in the New York State workers compensation legal field. Prior service as New York State workers compensation law judge. High quality references from clients for whom similar services have been rendered. Technical competence in all aspects of the New York State workers compensation law and regulations as well as policies and procedures of the Workers Compensation Board and all relevant terms of the applicable ADR agreement. Familiarity with ADR programs and procedures. Note: the proposal may be rejected for any reason. Note: EESISP reserves the right to request bidders to resubmit bids and to alter this RFP at any time for any reason. Note: bids may be reviewed by third parties under contract to EESISP or the JIB subject to confidentiality agreements. X. PROPOSAL INSTRUCTIONS In order to be considered, all proposals must be received by 3:00 PM on November 22, 2013 and shall be organized as follows: Cover Letter and Resume The cover letter should highlight key aspects of the proposal and should not exceed two pages in length and the resume should highlight professional achievements relevant to the proposal requirements. Requests for Information Response Responses should be complete and addressed in the order presented. Qualifications All qualifications set forth in the RFP should be addressed as well as any 7

8 additional qualifications which may be pertinent. Conflicts of Interest Full disclosure of any potential conflicts of interest, contacts or relationship is required as described in this section. Pricing of Services Please note that one individual may not serve in both the Mediator and Arbitrator positions in the ADR program. However, an individual may bid on both positions, but the successful bidder will only be awarded one or the other position, but not both. Bidders should specify if they have a preference for either position or no preference. Additional Information Any additional relevant information may be included in a concise manner in this section, particularly that which pertains to the applicant s satisfaction of the specific selection criteria presented. Certifications Completion and submission of the following certifications are necessary for any applicant s proposal to be considered by the JIB: A. Submittal of Proposal Certification B. Disclosure of Contacts Certification XI. RFP AMENDMENTS/QUESTIONS This RFP represents a written statement of EESISP explaining the requirements, terms and conditions for submission of proposals and contains all representations of EESISP with respect to this matter at this time. Any information or understandings, written or verbal, that are not explicitly contained in this RFP, or in later written addenda to this RFP, if any, will be excluded from consideration in evaluating proposals. Any questions, objections or requests for revisions to this RFP must be submitted in writing via to: jlallier@jibei.com. EESISP will not otherwise entertain any inquiries or discussions of matters relating to this RFP. Any amendments to this RFP and any questions or requests for information regarding the project which is the subject of this RFP will be distributed to all prospective applicants. It is, however, the responsibility of prospective applicants to determine whether addenda have been issued to this RFP and to acknowledge their receipt in their proposals. 8

9 XII. CERTIFICATIONS The following two certifications attached hereto must be completed and submitted with any proposal. (The failure to complete and submit these forms shall result in a determination of non-responsiveness and disqualification of the proposal): Attachment A: Submission of Proposal Certification Attachment B: Disclosure of Contacts Certification 9

10 ATTACHMENT A SUBMITTAL OF CERTIFICATION This form shall be completed and submitted with your proposal. The Proponent or any person signing on behalf of the Proponent submits the attached proposal, which is in complete conformity with the intent of EESISP ADR Mediator and Arbitrator RFP and certifies, under the penalty of perjury, that the contents of this proposal are true and accurate to the best of the undersigned s knowledge and belief. The Proponent agrees that should it be awarded a contract on the proposal through the issuance of an agreement for services from EESISP, it will provide the requested services in strict compliance with the RFP documents and the resulting agreement for the compensation. The Proponent agrees that its proposal shall remain effective for 120 days from the formal proposal receipt date. Name of Individual Signature Date 10

11 ATTACHMENT B DISCLOSURE OF CONTACTS CERTIFICATION This form shall be completed and submitted with your proposal. The Proponent certifies, under the penalty of perjury, that it has not retained, employed, or designated a firm or individual for the purpose of` attempting to influence the procurement process associated with this RFP. The Proponent further certifies, under the penalty of perjury, that it has not otherwise engaged in communications of any kind with a firm or individual for the purpose of attempting to influence the procurement process associated with this RFP. The Proponent further certifies, under the penalty of perjury, that no particular individual or entity other than the Proponent stands to benefit financially (receiving, expecting or attempting to receive compensation, fees, remuneration or other financial gain from the Proponent) as a direct result of any procurement contract that might result from the submission of this proposal. Name of Individual Signature Date 11