OFFICE LOCATIONS
FRESNO
Phone: (559) 222-0660
Fax: (559) 222-2880
BAKERSFIELD
Phone: (66 I) 520-4998
Fax: (559) 222-2880
SACRAMENTO
Phone: (916) 497-9999
Fax: (559) 222-2880
SALINAS
Phone: (831) 851-4030
Fax: (559) 222-2880
PASADENA
Phone: (626) 748-9911
Fax: (559) 222-2880
March 26, 2025
Ms. Jena L. Covey
CITY OF BAKERSFIELD
1600 Truxtun A venue
Bakersfield, CA 93301
YRULEGUI & ROBERTS
Attorneys at Law
MAIN OFFICE
5250 North Palm Avenue , Suite 402
Fresno, CA 93704
www.rjylaw.com
SERVING WCAB LOCATIONS
Fresno
Bakersfield
Sacramento
Stockton
Redding
San Jose
Salinas
San Luis Obispo
Santa Barbara
Oxnard
Van Nuys
Pasadena
RECEIVED
MAR 2 7 2025
RISK MANAGEMENT
RE: Yrulegui & Roberts Proposal to Provide Workers ' Compensation Defense Legal Services.
Dear Ms. Covey:
Enclosed herewith , please find the proposal of YRULEGUI & ROBERTS to represent the City of Bakersfield in workers' compensation cases. This proposal is in response to the Request for Proposal to be submitted by March 28, 2025 .
Thank you for the opportunity to submit our proposal to the City of Bakersfield. Our goal is to provide you with excellent service and results in workers' compensation matters , and we look forward to the possibility of continuing to work with you and the City of Bakersfield.
Please feel free to contact us with any questions , comments or requests.
Respectfully submitted ,
d-7 '
John A. Robinson
Office Managing Partner - Owner
jrobinson @ rjylaw.com
JAR/m
YRULEGUI & ROBERTS
Attorneys at Law
PROPOSAL TO PROVIDE WORKERS'
COMPENSATION LEGAL
REPRESENTATION
FOR THE CITY OF BAKERSFIELD
March 27, 2025
Contact attorney for the proposal:
Mr. John A. Robinson
YRULEGUI & ROBERTS
Maling Address
5250 North Palm Avenue , Suite 402
Fresno , CA 93704
Office (661) 520-4998
Fax (559) 222-2880
Cell (661) 340-1221
jrobinson @rjylaw.com
1 TABLE OF CONTENTS
SCOPE OF SERVICES ................................................................................... 3 PERSONNEL AND EXPERIENCE .................................................................... 3 HISTORY OF LAW FIRM .............................................................................. 4 PUBLIC ENTITY AND SELF-INSURED REPRESENTATION EXPERIENCE ............ 4 FIRM PHILOSPHY AND PRINCIPLES .............................................................. 5 FEES, COSTS AND EXPENSES ........................................................................ 6 FIRM'S INVOLVEMENT LEGAL ACTIONS ...................................................... 6 CONFLICTS OF INTEREST ............................................................................ 7 INSURANCE REQUIREMENTS ........................................................................ 7 REFERENCES ............................................................................................... 8 ATTORNEY RESUMES ................................................................................. 10 SIGNED SAMPLE RETAINER AGREEMENT ..................................................... 11 2 SCOPE OF SERVICES
Yrulegui & Roberts understands that the scope of services includes legal review, advice and representation of the City of Bakersfield in workers' compensation cases before the California Workers' Compensation Appeals Board, California District Courts of Appeal, and the Supreme Court of California, if necessary. Additionally, Yrulegui & Roberts will represent the City of Bakersfield in defense of Labor Code section 132a and Serious and Willful allegations as well as in subrogation matters when requested.
The firm will also make itself available to provide services to the City of Bakersfield upon request in support of maintaining the current Workers' Compensation Medical Dispute Resolution Process - "Carve Out" - being utilized in cases involving the Bakersfield Police Officers Association and Bakersfield City Firefighters unions and provide assistance regarding Industrial Disability Retirement issues if requested.
PERSONNEL AND EXPERIENCE
Yrulegui & Roberts proposes the following attorneys to be assigned to the City of Bakersfield and provide services:
John A. Robinson
Office Managing Partner - Owner - Bakersfield Office
Mr. Robinson has been practicing workers' compensation defense exclusively since October 2008.
He will be the firm's designated lead counsel for the City of Bakersfield, has represented the City of Bakersfield, and cmTently represents The County of Kern, the City of Delano, the City of McFarland, and several large permissibly self-insured companies as well as insurance companies in workers' compensation matters. He is extremely knowledgeable of the issues concerning the defense of public entity and self-insured employers in workers' compensation matters and has litigated hundreds of cases on behalf of public agencies including, but not limited to, issues involving Labor Code section 4850 and safety officer presumptions.
Michael "Vito" Mazzei II
Partner - Bakersfield Office
Mr. Mazzei, II is a partner at Yrulegui & Roberts Bakersfield. Born and raised in Bakersfield, California to an agriculture-based family from Italy, Vito graduated from the University of California at Santa Barbara and received his Juris Doctor from San Diego's Thomas Jefferson School of Law. Vito grew up working for various agriculture-based family businesses in both Fresno and Bakersfield, California. Mr. Mazzei started with Yrulegui & Roberts in July 2017, and he takes great pride in both the firm and the clients he works with day in and day out.
Stephen B. Roberts
Senior Partner - Owner - Fresno Office
Mr. Roberts is located in the firm's Fresno office. He has represented the County of Tulare in workers' compensation matters for more than fifteen years. He has handled workers' 3 compensation claims for the City of Fresno and the County of Fresno. For the last 29 years he has handled cases involving public agencies and is very knowledgeable about issues specifically related to public agency employees , including issues involving Labor Code Section 4850 and public safety employee presumptions.
Joseph Yrulegui
Managing Partner - Owner - Fresno Office
Joseph Yrulegui, also managing partner , joined the firm as an associate in 2009 after graduating from the University of the Pacific, McGeorge School of Law. Mr. Yrulegui has written several articles concerning current issues facing the workers ' compensation system and has extensive experience representing public entities , including a thorough knowledge and understanding of Labor Code section 4850, presumptions , and carve-out agreements.
HISTORY OF LAW FIRM
Yrulegui & Roberts is a workers ' compensation defense law firm that specializes exclusively in the defense workers ' compensation claims and cases. The firm is composed of a carefully assembled group of attorneys with exceptional skills in handling all aspects and issues related to the defense workers ' compensation cases.
Yrulegui & Roberts is the oldest local workers' compensation defense firm in the San Joaquin Valley. Richard Yrulegui originally founded Emerson & Yrulegui in 1978, where he began his practice representing all entities in workers ' compensation defense. In 1996, San Joaquin Valley native , Stephen Roberts , joined the firm and on January 1, 2010 , the firm changed its name to Y rulegui & Roberts . Joseph Y rulegui became the managing partner of the firm in 2013 .
On February 1, 2016, Yrulegui & Roberts opened its Bakersfield Office with John A. Robinson as the Office Managing Attorney. Mr. Robinson represents clients in all matters of workers ' compensation defense and related issues , including 132a petitions , Serious and Willful allegations , and subrogation.
The firm routinely handles cases at the Workers ' Compensation District Offices in Fresno , Bakersfield , Stockton , Salinas , San Jose, Sacramento , Van Nuys , Santa Barbara , Anaheim , Los Angeles , Marina Del Rey, Log Beach , Santa Ana, and at other venues when requested.
For additional information regarding our firm and our people, please visit the following:
www .rjylaw.com
PUBLIC ENTITY and SELF-INSURED REPRESENTATION EXPERIENCE Yrulegui & Roberts has a long history of representing public entities before the Workers ' Compensation Appeals Board , California Courts of Appeal , and California Superior Courts. We have a significant amount of accumulated knowledge and expertise regarding issues specific to public entities and the added pressures they face including public relations concerns and financial pressures.
4 Our public entity clients include:
• City of Clovis
• City of Chowchilla
• City of Delano
• City of Dinuba
• City of Farmersville
• City of Firebaugh
• City of Fresno
• City of Huron
• City of Lemoore
• City of McFarland
• City of Mendota
• City of Porterville
• City of Sanger
• City of Selma
• City of Taft
• City of Visalia
• County of Fresno
• County of Kern
• County of Kings
• County of Madera
• County of Merced
• County of Tulare
Our experience and collective knowledge regarding not only workers' compensation law, but municipal law, labor law and working with unions, enables our attorneys to go above and beyond the typical defense provided by other workers' compensation defense firms and provides well rounded counsel as we understand how workers' compensation specifics effect and relate to other areas of the law. This allows our attorneys to address issues effectively when other areas of law are at play and intersect with workers' compensation cases.
FIRM PHILOSPHY AND PRINCIPLES
It is our mission to provide our clients with the finest legal service through aggressive and equitable representation, personal attention, and professional diligence.
When our clients succeed, we succeed. We strive to make lasting partnerships with our clients:
and we endeavor to do so being guided by the following principles:
• Our clients deserve our personal and timely attention. Calls are returned promptly. We must be accessible. When our clients need us, we must be available. Every attorney is able to check email outside of work. We have a strict rule to return all communications within 24 hours, if possible.
5 • Our work must be thorough and effective. We are zealous advocates for our clients. They depend on us to aggressively pursue their goals, leaving no stone unturned. Whether in the courtroom or in our research and pleadings, we strive to find ways to best advance the client's cause. Our attorneys take pride in being detail-oriented and aggressive. • We are a small, yet focused boutique law firm. Our ability to give personal attention to our clients is paramount. Cases are not referred to the firm, but are referred to the attorney. No other attorney will handle that case unless a conflict arises. Clients do not experience multiple attorneys handling one case throughout its duration, without prior approval. • We are counselors as well as advocates. We communicate in clear language that our clients understand. We advise as well as represent. Our clients deserve to know what we do, why we do it, and how it benefits them.
• Our clients are entitled to professionalism from their attorneys. We adhere to the highest professional ethics, and protect their confidences from improper disclosure. Their secrets are safe with us.
• Our clients need to know what lies on the legal horizon. We stay abreast of developments in the law and inform our clients of how these changes may impact their claims and business.
• Every attorney at Yrulegui & Roberts has their own assistant. Unless a client directs otherwise, updates on a case will take place every 30-60 days. Our clients are always kept well informed of the latest developments in a case.
FEES, COSTS, AND EXPENSES
$185.00 per hour for partner and associate attorneys.
$95.00 per hour for paralegal work.
$0.10 per page for photocopies.
We will not charge local travel expenses, nor will we charge a higher rate for defending the City of Bakersfield against Labor Code section 132a and Serious and Willful allegations.
The rates quoted above are open to negotiation given the scope of representation and the relationship that we desire to continue building and maintaining between our firm and the City of Bakersfield. Again, we understand and respect the financial issues and pressures concerning public entities. As such, we are willing to discuss modifications to the rates quoted above and mutually agreeing to fees that are equitable to both the City of Bakersfield and our firm, if required.
FIRM'S INVOLVEMENT LEGAL ACTIONS
Yrulegui & Roberts has not been a party to any legal proceedings relating to the services provided by the firm.
6 CONFLICTS OF INTEREST
To ensure conflicts of interest are addressed immediately, all files are thoroughly reviewed by our business office upon receipt by the firm. Our business office reviews the file and conducts a search of not only our case management system, but other files and business records. If a potential conflict is discovered, we inform our clients immediately to include proposed action to resolve the conflict and move the matter forward expeditiously.
Our firm understands the City of Bakersfield's policies and concerns regarding conflicts of interest. We do not currently have an actual or potential interest adverse to the City of Bakersfield nor do we represent a person or firm with an interest adverse to the City of Bakersfield with respect to the defense of workers' compensation cases or any other area oflaw. Our firm further covenants not to represent any client adverse to the interest of the City of Bakersfield and will not bring or participate in any legal action against the City of Bakersfield.
INSURANCE REQUIREMENTS
Yrulegui & Roberts maintains insurance compliant with the provisions outlined in Section 9 of the Sample Attorney Retainer Agreement and will provide proof of said coverage at the time of contract execution or upon request per Section 9 of the Request for Proposals, Attorney Services Workers' Compensation Defense, March 2025.
7 REFERENCES
SELF-INSURED SCHOOLS OF CALIFORNIA
Gabriel Rodriguez
Executive Director SISC I, Workers' Compensation
P.O. Box 1847
2000 K Street
Bakersfield, CA 93301
(661) 636-4422
COUNTY OF KERN, WORKERS' COMPENSATION SERVICES
Iliana Sanchez
Claims Manager
1115 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301
(661) 868-3882
CITY OF DELANO
Noemi Zamudio
Human Resources Director
P.O. Box 3010
Delano, CA 93215
(661) 720-2210
CITY OF FRESNO
Steven Emerzian
Senior Risk Analyst
2600 Fresno Street
Fresno, CA 93 721
(559) 621-6903
COUNTY OF FRESNO
Jenny Thompson
Risk Manager
2220 Tulare Street, 16th Floor
Fresno, CA 93 721
(559) 600-1850
CITY OF MADERA
Eric Battles
Risk Manager
205 West 4th Street
Madera, CA
(559) 661-5417
Additional references are available on request.
8 Respectfully submitted ,
o mson
Yru gui & Roberts
Office Managing Parter - Owner - Bakersfield
9 ATTORNEY RESUMES
10 JOHN A. ROBINSON
AREAS OF PRACTICE
YRULEGUI & ROBERTS
PHONE: (661) 520-4998
FAX: (559) 222-2880
Email : jrobinson @rjylaw.com
Practice is in Workers' Compensation defense with primary emphasis on the following areas:
• Self-Insured Employers
• Public Entities
• Serious & Willful Allegations
• Labor Code§ 132a
• Subrogation
Admitted to practice in all Courts in the State of California and the United States District Court for the Eastern District of California.
Experience includes workers ' compensation and subrogation litigation on all issues including dependent claims /death cases , catastrophic injuries , employer negligence allegations , presumption cases , etc.
EMPLOYMENT HISTORY
2016 - Present
Office Managing Partner - Owner
YRULEGUI & ROBERTS
Bakersfield , CA
2015 - 2016
Partner
Hanna, Brophy, MacLean , McAleer , & Jensen , LLP
Bakersfield , CA
2009 - 2015
Associate Attorney
Hanna, Brophy, MacLean , McAleer , & Jensen , LLP
Bakersfield , CA
2008 - 2009
Law Clerk
Hanna, Brophy, MacLean , McAleer , & Jensen , LLP
Bakersfield , CA
2007
Certified Law Student/Legal Intern
Yolo County District Attorney's Office
Woodland , CA
EDUCATION
Lincoln Law School of Sacramento
Sacramento, CA - 2008
Juris Doctor
University of California
Davis, CA - 2004
Bachelor of Arts, Philosophy and Political Science
ADMISSIONS
2009 - The State Bar of California
2009 - United States District Court, Eastern District of California
PROFESSIONAL AFFILIATIONS
The State Bar of California
Kem County Bar Association
Fresno Industrial Claims Association
Professionals in Workers' Compensation
MICHAEL ''VITO'' MAZZEI, II
AREAS OF PRACTICE
YRULEGUI & ROBERTS
PHONE: ( 661) 520-4998
FAX: (559) 222-2880
Email: mmazzei @rjylaw.com
Practice is in Workers' Compensation defense with primary emphasis on the following areas:
• Self-Insured Employers
• Public Entities
• Serious & Willful Allegations
• Labor Code §132a
Admitted to practice in all Courts in the State of California.
Experience includes all aspects of workers' compensation defense.
EMPLOYMENT HISTORY
2024 - Present
Partner
YRULEGUI & ROBERTS
Bakersfield , CA
2017 - 2023
Associate Attorney
YRULEGUI & ROBERTS
Bakersfield , CA
EDUCATION
Thomas Jefferson School of Law
San Diego, CA - 2016
Juris Doctor
University of California, Santa Barbara
Santa Barbara , CA - 2011
Bachelors of Business Economics
ADMISSIONS
2017 - The State Bar of California
PROFESSIONAL AFFILIATIONS
The State Bar of California
Kem County Bar Association
Fresno Industrial Claims Association
Professionals in Workers ' Compensation
STEPHEN B. ROBERTS
AREAS OF PRACTICE
YRULEGUI & ROBERTS
PHONE: (559) 222-0660
FAX: (559) 222-2880
Email: sroberts @rjylaw .com
Practice is in Workers' Compensation defense with primary emphasis on the following areas:
• Self-Insured Employers
• Public Entities
• Serious & Willful Allegations
• Labor Code § 132a
• Medicare Set-Asides
• Seasonal Employees
• Impairment Ratings
Admitted to practice in all Courts in the State of California.
Trial experience includes a full range in all phases of workers' compensation litigation ; appellate court hearings and Workers' Compensation Appeals Board trials.
EMPLOYMENT HISTORY
1996 - Present
Partner - Owner
YRULEGUI & ROBERTS
Fresno , CA
1994 - 1996
Managing Attorney
Mastagni , Holstedt & Chiurazzi
Fresno , CA
1993 - 1994
Associate
Mastagni , Holstedt & Chiurazzi
Sacramento , CA
1992 - 1993
Contract Attorney
Hagler & Nelson
Vacaville , CA
EDUCATION
University of San Francisco
School of Law
San Francisco , CA - 1992
Juris Doctor
University of California
Davis, CA - 1989
Bachelor of Science, Agricultural Economics
ADMISSIONS
1992 - The State Bar of California
PROFESSIONAL AFFILIATIONS
The State Bar of California
Fresno County Bar Association
Fresno Industrial Claims Association
Valley Industrial Claims Association
Professionals in Workers' Compensation
Northern California Workers' Compensation Defense Attorneys ' Association Central Valley Safety Society
PUBLISHED CASES
Marsh vs. WCAB (2005)
130 Cal.App.4th 906, 70 CCC 787
Mr. Roberts argued on the winning side of one of the early cases arising out of SB899.
JOSEPH C. YRULEGUI
AREAS OF PRACTICE
YRULEGUI & ROBERTS
PHONE: (559) 222-0660
FAX: (559) 222-2880
Email: jyrulegui @rjylaw.com
Practice is in Workers' Compensation defense with primary emphasis on the following areas:
• Self-Insured Employers
• Public Entities
• Serious & Willful Allegations
• Labor Code §132a
• Medicare Set-Asides
• Seasonal Employees
• Impairment Ratings
EMPLOYMENT HISTORY
2009 - Present
Partner - Owner
YRULEGUI & ROBERTS
Fresno , CA
2007
Law Clerk, Insurance Defense /Emplo yment Practice Group Matheny , Sears, Linkert & Jaime
Sacramento , CA
2006 - 2007
ABA Certified Student Attorney
Civil Practice Clinic, McGeorge School of Law
Sacramento , CA
EDUCATION
University of the Pacific, McGeorge School of Law
Sacramento , CA - 2008
Juris Doctor
University of California, Davis
Davis, CA - 2005
Bachelor of Arts, Political Science and History
ADMISSIONS
All California State Courts
Supreme Court of California
United States District Court for the Eastern District of California
AW ARDS & ACCOMPLISHMENTS
Studied Fundamental Rights in Europe and the United States under Associate Supreme Court Justice Anthony M. Kennedy, in Salzburg, Austria, July 2006.
Mentor, McGeorge Student Mentor Program
Admission , McGeorge Honors Legal Writing Program
PROFESSIONAL AFFILIATIONS
The State Bar of California
The State Bar of California Workers' Compensation Law Advisory Commission American Bar Association
Fresno County Bar Association
Fresno County Young Lawyers Association
Fresno Industrial Claims Association
Professionals in Workers' Compensation
SIGNED SAMPLE RETAINER AGREEMENT
11 AGREEMENT NO. _____ _
ATTORNEY RETAINER AGREEMENT
THIS AGREEMENT is made and entered into on _______ , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, (referred to herein as "CITY") andYrulegui & Roberts(referred to herein as "ATTORNEY").
RECITALS
WHEREAS, it is necessary and appropriate that legal services be performed for CITY to represent CITY, its officers and employees with respect to workers' compensation defense and subrogation legal services for which counsel with specialized knowledge and experience is needed; and
WHEREAS, CITY desires to retain ATTORNEY to perform legal services on behalf of CITY with respect to the matters described below.
NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows:
1. SERVICES TO BE RENDERED: ATTORNEY will represent the CITY in workers compensation matters as requested by City in accordance with the Request for Proposals attached as Exhibit A.
General Miscellaneous Issues
2 COMPENSATION TO ATTORNEY. Compensation for all work, services or products called for under this Agreement shall be paid as follows: CITY shall compensate ATTORNEY for all services performed by ATTORNEY on an hourly basis, at the rates set forth in Appendix A, attached hereto and incorporated herein by reference. The maximum amount of fees payable under this Agreement shall NOT EXCEED _____ ANNUALL Y. All payments for services will be made by the City's third party claims administrator after their review and approval. CITY shall pay no finance charge to ATTORNEY. The compensation set forth in this section shall be the total compensation for service by ATTORNEY, including all approved out-of-pocket costs incurred. CITY shall pay no other fee than the compensation listed in this section unless otherwise agreed to in writing by the CITY.
3. TERM. This Agreement shall continue for a period of five (5) years commencing July 1, 2025. The CITY may terminate the Agreement upon thirty (30) days written notice. In the event of early termination, ATTORNEY shall be paid only Workers' Compensation Defense Services RFP 2025
for work satisfactorily completed up to the date of termination and delivered to and accepted by the CITY.
4. ACCEPTANCE OF ASSIGNMENTS AND REPRESENTATIONS. ATTORNEY, with respect to the matter(s) assigned, represents as follows:
4.1 ATTORNEY has the expertise, support staff and facilities necessary to fully represent CITY's interests in the litigation described herein; and
4.2 ATTORNEY does not have an actual or potential interest adverse to CITY nor does ATTORNEY presently represent .a person or firm with an interest adverse to CITY with respect to the matter(s) accepted; and
4.3 ATTORNEY shall diligently provide such legal services as are necessary in a professional, timely manner upon the terms and conditions as set forth herein.
5. REPORTING REQUIREMENTS. ATTORNEY shall provide to the Risk Manager, or designee, appropriate reports as requested by CITY.
5.1 SETTLEMENT PROPOSALS-ATTORNEY shall notify the Risk Manager 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 the Risk Manager for approval prior to communicating any such offer or counteroffer to other parties.
5.2 CLOSING REPORT-In the event this Agreement is terminated as set forth herein or for any reason ATTORNEY is to no longer represent CITY 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 expeditiously submitted, together with necessary executed Substitutions of Attorneys, to the Risk Manager.
5.3 ORAL REPORTS-ATTORNEY shall immediately report orally to the Risk Manager in person or by telephone any event or discovery which is of an urgent nature or requires the immediate attention of the CITY. When requested, ATTORNEY shall follow up such oral report with a written summary reiterating such event or discovery. ATTORNEY shall immediately advise Risk Manager in writing if an actual or potential conflict of interest arises or is discovered.
Workers' Compensation Defense Services RFP 2025
6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in anway to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
7. INDEMNITY. ATTORNEY shall indemnify, defend and hold harmless CITY, its mayor, Council, 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 dr 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.
8. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with A HORNEY 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 CITY.
9. INSURANCE. In addition to any other insurance or bond required under 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):
9.1 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
9.2 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:
9.2.1 Provide coverage for owned, non-owned and hired
autos.
9.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and
employees.
Workers' Compensation Defense Services RFP 2025
9.3 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 CITY, its mayor, council, officers, agents, employees and volunteers.
9.4 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no less than A-:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.
9.5 All policies shall contain an endorsement providing CITY 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 CITY on demand.
9.6 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 CITY.
9.7 The ATTORNEY shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY 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.
9.8 Unless otherwise approved by CITY, 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 CITY has approved lesser insurance requirements for ATTORNEY.
10. TERMINATION. Either party may terminate this Agreement upon thirty (30) days written notice. ATTORNEY shall, upon termination, forthwith deliver to new counsel as directed by the Risk Manager a Substitution of Attorney form signed by ATTORNEY. CITY may terminate this Agreement immediately without notice upon determining that such action is necessary to protect the interests of CITY.
11. 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 CITY and shall be returned to CITY upon full completion of each matter after the time for appeal has run. During the Workers' Compensation Defense Services RFP 2025
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 Finance Director and Internal Auditor of CITY or other person designated by the Risk Manager 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 confidences of client as required by law.
Should this Agreement be terminated, the files shall be returned to CITY with all privileged materials appropriately sealed for transmittal to successor attorney of record for client.
12 NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail.
The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
Risk Manag~ment
ATTORNEY:
1600 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301
Telephone: (661) 326-3738
Facsimile: ( 661) 852-2030
Yrulegui & Roberts
Attn: John A. Robinson
5250 North Palm Avenue, Suite 402
Fresno, CA 93704
Telephone: (661) 520-4998
Facsimile: (559) 222-2880
13. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
14. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City and signed by all the parties.
Workers' Compensation Defense Services RFP 2025
15. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to this Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
16. 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 Kern County, California.
17. TIME. Time is of the essence of this Agreement.
18. 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 years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours.
19. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
20. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein, and this Agreement is binding upon said corporation or organization in accordance with its terms.
21. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
22. TAX NUMBERS.
ATTORNEY's Federal Tax Identification No. 94-2752430
ATTORNEY is a corporation? Yes __ x __ No ___ _
(Please check one.)
23. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at
CONTRACTOR'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, Workers' Compensation Defense Services RFP 2025
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 Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written.
CITY OF BAKERSFIELD ("CITY") ("ATTORNEY")
By: ___________ _
KAREN GOH, MAYOR
Print Name: John A. Robinson
Title: Office Managing Partner - Owner
APPROVED AS TO CONTENT:
CITY MANAGER'S DEPARTMENT
By: _________ _
CHRISTIAN CLEGG
CITY MANAGER
Additional Signatures on Fallowing Page
Workers' Compensation Defense Services RFP 2025
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY ATTORNEY
By: ___________ _
VIRGINIA GENNARO
CITY ATTORNEY
Insurance: -----
COUNTERSIGNED:
By: ___________ _
RANDY MCKEEGAN
FINANCE DIRECTOR
(Print Name) __ J_o_h_n_A_._R_o_b_i_n_s_o_n ___ _
(Title ) __ O_ff_ic_e_M_a_n_a...;;;;.g_in--'g;;.__P_a_rt_n_e_r_-_O_w_n_e_r " I have received and reviewed the sample ATTORNEY
RETAINER AGREEMENT including the INDEMNITY clause
which was included in the City's RFP. My signature above shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract as desc ribed in said RFP. This acceptance is made with the understanding that the Compensation and time for Completion clauses
will be modified or created to contain the amounts and
dates established for this contract. "
Workers' Compensation Defense Services RFP 2025
APPENDIX A
Attorney Defense Service Rates for Workers' Compensation Claims
SERVICES RATES
A. Defense of Workers' Compensation Claims $185.00 I hour B. Defense of Workers' Compensation Subrogation $185.00 I hour C. Defense of Workers' Labor Code Section 132a and seriouis and willful claims, O.B.A.E. audits, Disability Retirement Claims, and Americans $185.00 I hour with Disabilities Act Claims.
D. Paralegals and Law Clerks $95.00 I hour
E. Other- Please describe: Industrial Retirement and Americanswith Disabilities Act Claims $0.10 per page
Workers' Compensation Defense Services RFP 2025