CITY OF SIMI VALLEY
MEMORANDUM
Mar
ch 14, 2022
TO: Cit
y Council
FR
OM: Office of the City Manager
SUBJ
ECT: CONSIDERATION OF APPROVAL OF CONTRACT WITH THE LAW OFFICES OF KEGEL, TOBIN AND TRUCE FOR WORKERS’
COMPENSATION LEGAL SERVICES, RATIFY SERVICES PERFORMED,
AND INCREASE THE AUTHORIZATION AMOUNT FOR THE
CITY/DISTRICT MANAGER FOR APPROVING FUTURE WORKERS’
COMPENSATION CONTRACTS
STAFF RECOMMENDATION
It
is recommended that the City Council/Board of Directors approve an agreement (page 4) with the Law Offices of Kegel, Tobin and Truce for workers’ compensation legal services, ratify prior payments for their services performed to date, and increase the City/District Manager’s authority to $200,000 to approve future workers’ compensation contracts.
BACKGROUND AND OVERVIEW
In M
arch of 2016, the City signed an agreement with the Law Offices of Kegel, Tobin and Truce (hereafter Kegel Tobin) , contracting for legal services related to the defense of Workers’ Compensation claims filed against the City. This contract stipulated that the total annual fees for these services were not to exceed $150,000.00 per annum, subject to the budgeted amount allocated for legal services under the Workers’ Compensation Fund and the internal service fund.
Unde
r S imi Valley Municipal Code (SVMC) Section 2-9.304, the City/District Manager is authorized to enter into service contracts (including legal services) not to exceed $100,000 . At the City Council Meeting of March 14, 2016, the City Council/Board of Directors authorized the agreement with the Law Offices of Kegel Tobin in light of its specialized services and that it was not cost effective to bring such services i n-house. O n this same date, the City/District Manager was given the authority to approve future workers’ compensation service contracts not to exceed $150,000 per annum and where the workers’ compensation legal expenditures were within the budgeted amount in the approved budget, under the delegation authority provided in Section 2-9.306(b) of the Municipal Code.
Si
nce the inception of this contract, the City has received the benefit of diligent and expert counsel from Kegel Tobin, assisting the Workers’ Compensation program
AGENDA I
TEM NO.
Consent (3)
2 in its efforts with cost containment while providing benefits mandated by the Labor Code and the Laws of the State of California to the employees of the City.
The City continues to receive such excellent services. However, staff recently confirmed that the contract with Kegel Tobin expired in June 2020. Staff is requesting the City Council/Board of Directors ratify the payments made to Kegel Tobin since July 1, 2020, to the present and approve a new agreement in the amount of $200,000 .. Additionally, staff recommends the City/District Manager be authorized to approve future contract extensions with Kegel Tobin in the amount of $200,000 for future Workers’ Compensation work.
FINDINGS AND ALTERNATIVES
Given the current trends in Workers’ Compensation, with revisions to the Official Medical Fee Schedule, The Med/Legal Fee Schedule, and a large increase in fees for Qualified Medical Evaluations, the need for competent and aggressive legal defense is greater than ever. Kegel Tobin has, and continues to provide outstanding legal services to the City of Simi Valley Workers’ Compensation program, assisting its efforts with cost containment while providing all benefits mandated by the Labor Code and the Laws of the State of California to the employees of the City. The City would like to continue to use Kegel Tobin and enter into an agreement beginning January 1, 2022, to December 31, 2023, with a not to exceed amount of $200,000, as there is an increase in the workload for representation.
Additionally, from July 1, 2020, to January 1, 2022, Kegel Tobin has continued to perform services for the City though inadvertently without an agreement. Payment for such services has been made in the amount of $202,451.77 for which the Council’s ratification is requested.
On March 14, 2016, the City/District Manager was granted by the City Council/Board of Directors under Section 2- 9.306(b) of the Municipal Code, the authority to enter into workers’ compensation contracts or amendments each on a not -to-exceed basis of $150,000 from time to time with the same firm or other firms, by way of amendment or with new contracts, provided that funds are specifically allocated in the budget for such services, without further City Council/Board of Directors approval. Keeping in line with the authority provided to the City/District Manager previously, and due to the present casework demand, staff recommends that an increase of this approval authority be made to a not -to exceed amount o f $200,000, for future workers’ compensation service contracts where the workers’ compensation legal expenditures are within the budgeted amount in the approved budget, under delegation provided in Section 2- 9.306(b) of the Municipal Code.
3 The following alternatives are available to the City Council:
1. Approve the attached agreement with Kegel, Tobin & Truce for workers’ compensation legal services w herein previous payments for services performed are ratified;
2. Increase the City /District Manager’s approval authority to $200,000 for future workers’ compensation contracts.
3. Provide staff with further direction.
The staff recommends Alternative Nos. 1 and 2.
SUGGESTED CITY COUNCIL/BOARD MOTION
I move to approve an agreement with Kegel, Tobin & Truce for workers’ c ompensation legal services and payments made for services already performed are ratified and increase the City/District Manager’s approval authority to $200,000 for future workers’ compensation contracts.
SUMMARY
The City is currently using Kegel Tobin for which $202,451.77 has been expended for services performed since July 1, 2020, to the present date. Those payments must be ratified as it was most recently discovered there had been no agreement in place since June 30, 2020. The City has continued to need their specialized services for representation before the Workers’ Compensation Appeals Board. The proposed new contract for $200,00 0 will allow a con tinuation of these services, and the proposed delegation under Section 2- 9.306 will allow for the increase to the City/District Manager to provide for future contracts within budgeted authority.
____________________________________
Jennifer Gutierres
Deputy Director, Human Resources
Prepared by: Jeff Thompson, Workers’ Compensation Supervisor
INDEX: Page
Agreement……………………………………………………4
AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF
SIMI VALLEY/BOARD OF DIRECTORS, VENTURA COUNTY
WATERWORKS DISTRICT NO. 8 (COLLECTIVELY, “CITY”), AND
KEGEL, TOBIN &TRUCE
Thi
s AGREEMENT is entered into this 14 th day of March, 2022, retroactively effective to 1st January, 2022, (the “Effective Date”) by and between the City, a general law city and municipal corporation and Kegel, Tobin and Truce, a professional corporation (“Law Firm”), each a “Party” and collectively, “Parties”.
1. CONSIDERATION.
A. Ci
ty agrees to engage the services of Law Firm, and Law Firm agrees to perform services for City that are described in Exhibit “A” attached, all for the compensation and subject to the terms and conditions in this Agreement.
B. Legal
Fees. City will compensate Law Firm for the services to be provided by Law Firm to City pursuant to this Agreement as set forth in the Kegel, Tobin & Truce Integrated Fee Schedules, attached hereto as Exhibit “B”. All services performed by Law Firm and paid between July 1, 2020 and the Effective Date are hereby by ratified.
C. Cost and Expense Reimbursement. In addition to the foregoing compensation, City will reimburse Law Firm for actual and necessary ordinary out -of-pocket expenses reasonably incurred by Law Firm in performance of the service provided by Law Firm to City pursuant to this Agreement. Examples are as follows: postage; messenger/process service; and document reproduction.
D. Rei
mbursable Extraordinary Expenses. With City’s prior written approval, it will also reimburse Law Firm for extraordinary charges such as for consultants; expert witnesses; travel; and investigative services.
E. Non-r
eimbursable Expenses. City will not reimburse Law Firm for the following: staff time or overtime for performing secretarial, clerical, or word processing functions; charges for time spent to provide necessary information for City audits, billing or budget inquiries; and computer on line charges, except for Lexis Nexis online research pursuant to the Fee Schedules in Exhibit “B”.
F. Billin
g. Law Firm will bill City each month for the services provided by Law Firm to City pursuant to this Agreement, as well as all reimbursable costs and expenses. All bills for legal fees will set forth in detail the work performed during the billing period in line- item format, so that each task is separately explained and has specific time recorded. Bills for reimbursable costs and expenses will set forth the cost for each category of such expenses incurred during the billing period in addition to the total cost of the expenses. Reimbursement for expenses incurred by an outside vendor will include the vendor’s invoice.
No monthly billings hereunder will exceed
$17,500 without prior written authorization(via e-
4 mail is acceptable) for the rendering of said services.
G. No Double Billing. Law Firm will not charge City for more than one attorney’s time for appearances at a court proceeding, deposition, or meeting with third parties, unless City’s Representative has expressly authorized the use of more than one attorney for such appearances.
H. P
ayment. City will pay Law Firm for all of Law Firm’s services, costs and expenses provided or incurred pursuant to this Agreement following receipt and approval of a bill for such services, costs and expenses that complies with the provisions of this Agreement. City will make its best effort to process and pay such bill within 30 days of the receipt of such bill. In the event City fails to process and pay a bill within such 30 day period, it will not be liable for any interest or finance change arising out of such delinquency.
I. N
ot to Exceed. This Agreement is limited to a not exceed amount of $200,000. An amendment to this Agreement signed by the City will be required for additional payment under this Agreement beyond the not - to- exceed amount. City and Law Firm agree and City acknowledges tha t although this Agreement contains a not-to-exceed amount, Law Firm cannot and does not guarantee or imply that a particular result, or any result, can be achieved for the not-to-exceed amount, or for any amount. Further, City acknowledges that Law Firm is under no obligation to perform work beyond the not -to-exceed limit, unless this Agreement is amended or another contract is in place between the Parties that provides for more funds to do so.
J. T
axpayer Information. Law Firm agrees to attach a completed W-9 Form to this Agreement to facilitate tax reporting for payments made by City to Law Firm pursuant to this Agreement.
2. SCOPE OF SERVICES. Law Firm will represent City as set forth in Exhibit “A”.
3. TERM. Notwithstanding the provisions referenced in Paragraph 13 of this Agreement, the term of the A greement shall be fr om the Effective Date through December 31, 2023.
4. LAW FIRM’S PERSONNEL.
A. Lead Attorney. All Services provided by Law Firm to City pursuant to this Agreement will be performed by the following attorney: Matthew C. Malen.
B. Assisting Attorneys. Additional attorneys who will assist the lead attorney in performing the ser vices provided by Law Fir m to City pursuant to this Agreement will include the following: E. Charles Maki, 2 5
Esq., Jon von Leden, Esq., Joseph D. Kieffer, Esq., and Margaret L.
Matasci, Esq.
C. Attorney Changes. Law Firm agrees that there will be no change in the attorneys performing or assisting in performance of the Services provided to City under this Agreement without City’s prior written consent. There will be no charge to City for work performed by unauthorized attorneys.
D. Conflicts of Interest.
i. Law Firm represents that neither Law Firm nor any of the attorneys or other persons employed by Law Firm have any material financial interest, direct or indirect, in any contract or decision made by or on behalf of City that may be affected by the services to be provided to City pursuant to this Agreement, other than a financial interest that is similar, in all material respects, to the interests of the general public.
Law Firm further agrees that no attorney or other person having any such interest will be employed by Law Firm while this Agreement remains in effect. If Law Firm or an attorney or other person employed by Law Firm acquires such an interest while this Agreement remains in effect, Law Firm will immediately disclose such interest to City’s Representative, and the interested individual will not participate in or influence the performance of the services to be provided to City pursuant to this Agreement.
ii. In addition to the requirements regarding conflicts of interest imposed on attorneys by the California Business and Professions Code, and f the California Rules of Professional Conduct, Law Firm agrees that neither Law Firm nor any attorney employed by Law Firm will represent clients before any board, commission, committee or department of City, or represent a client adverse to City for a period of one year from the date of the completion of the services to b e provided to City pursuant to this Agreement or the early termination of such services in the manner hereinafter provided by this Agreement. The provisions of this paragraph may be waived by the written consent of the City Manager.
5. EXPERT WITNESSES AND C ONSULTANTS. Law Firm may retain expert witnesses and consultants in the performance of this Agreement only with City’s prior written consent (via email is acceptable). Experts will be billed to the City directly unless agreed otherwise between Law Firm and City. In the event Law Firm pays the cost of such expert witness or consultant, such costs will be a reimbursable cost that may be billed by Law Firm to City. 3 6
6. LIMITATIONS ON REPRESENTATION. In the course of its representation of City in performing the Services, Law Firm will not take any of the following actions without City’s prior written consent (via e-mail is acceptable):
A. Disqualify any judge assigned to preside at any trial, hearing, status conference, settlement conference or other proceeding pertaining to the litigation;
B. Agree to any mediation or arbitration on any matter at issue in litigation except where mediation or arbitration is required by a court rule or order;
C. File an appeal from an adverse judgment entered by the court in the litigation or file a writ seeking appellate review of any interlocutory order or ruling of the court.
D. Propose or agree to any settlement of the litigation.
7. REPORTS. If the Services constitute litigation, then during the course of its representation of City, Law Firm will provide City’s Representative with the following litigation reports:
A. In addition to the Reporting Requirements attached as Exhibit “A” , an initial evaluation report, unless otherwise waived by City Representative and an annual litigation status report during the month of July in each year that this Agreement remains in effect that contains the following information bearing on the litigation that is the subject of this Agreement:
i. The name and a very brief description of the litigation;
ii. The current procedural status of the litigation;
iii. If City appears as a plaintiff or cross complainant in the litigation, a concise statement of each claim for relief sought by Law Firm on behalf of City in the litigation, and an evaluation of City’s ability to prevail on the claim or claims;
iv. If City appears as a defendant or cross defendant in the litigation, a statement of the relief sought by the plaintiff or cross complainant, and an evaluation of City’s liability with respect to the claim or claims;
v. An evaluation of the prospects for settlement as well as an estimate of the settlement value of the litigation;
B. A written or oral report on any material change in Law Firm’s 4 7
evaluation of the litigation that is the subject of this Agreement, promptly following the date Law Firm becomes aware of law or facts that cause the change in Law Firm’s evaluation of the litigation; and
C. Such other oral or written reports regarding the litigation as may be requested by City’s Representative.
8. FILES. Law Firm agrees that all legal files maintained by Law Firm pertaining to the services provided to City pursuant to this Agreement are and will remain City’s property. However, Law Firm will have the right to retain copies of such files upon completion of the Services provided for by this Agreement, or upon the earlier termination such services in the manner hereinafter provided in this Agreement.
For purposes of this Agreement the term “files” will include electronic files and data, as well as paper files that are maintained by Law Firm in the performance of the Services.
9. INSURANCE. Not in derogation of the provisions of this Section 9, Law Firm agrees to obtain and maintain in full force and effect, during the term or extended terms of this Agreement, the following insurance coverage, more specifically contained in Exhibit “C”:
Type of Insurance Limits (Comb. Single)
A. Liability insurance coverage $1,000,000
B. Workers’ compensation coverage Statutory requirement C. Professional liability insurance $1,000,000
10. INDEMNIFICATION. Law Firm shall hold City and City’s officers, employees, agents, and volunteers harmless and free from any and all claims or liabilities or expenses, including attorney’s fees, caused by Law Firm’s negligent or wrongful performance of its services pursuant to this Agreement, save and except for any such claim, liability, or expense arising out of the willful misconduct, sole negligence or concurrent active negligence of City and/or City’s officers, employees, agents, or volunteers. In the event City and/or any of City’s officers, employees, agents, or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to Law Firm’s performance of its services pursuant to this agreement, other than a lawsuit or claim arising out of their willful misconduct sole negligence or concurrent active negligence, Law Firm shall reasonably defend and indemnify them for any judgment rendered against them.
11. CITY’S REPRESENTATIVE. The name, address and telephone number of City’s Representative is as follows:
Name and Title: David L. Caceres City Attorney
Post Office Address: 2929 Tapo Canyon Road, Simi Valley, CA 93063 E-mail Address: [email protected]
Telephone No.: (805) 583-6714
5 8
12. LAW FIRM’S REPRESENTATIVE. The name, address and telephone number of Law Firm’s Representative is as follows:
Name and Title: Matthew C. Malen, Esq.
Post Office Address: P.O. Box 76907, Los Angeles, CA 90076-0907 E-mail Address: [email protected]
Telephone No.: 805-644-2216
13. TERMINATION OF SERVICES.
A. City may discharge Law Firm at any time. Law Firm may withdraw with City’s consent, or for good cause. “Good cause includes City’s breach of this Agreement, City’s unreasonable refusal to cooperate with Law Firm, or any fact or circumstance that would render law Firm’s continuing representation either unlawful or unethical.
B. When Law Firm’s services conclude, all unpaid charges will immediately become due and payable, subject to Section I. After Law Firm’s services conclude, Law Firm will, upon request of City, deliver file to City along with any other property of City’s in Law Firm’s possession.
C. If City does not take delivery of file materials, Law Firm reserves the right to destroy the file after a period of three (3) years.
14. PERMITS AND LICENSES. Law Firm, at its sole expense, will obtain and maintain during the term of this Agreement, all permits, licenses, and certificates that may be required, as determined by Law Firm, in connection with the performance of services under this Agreement.
15. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Law Firm under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Law Firm’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. ASSIGNABILITY. This Agre ement is for Law Firm’s professional services. Law Firm’s attempts to assign the benefits or burdens of this Agreement without City’s written approval are prohibited and will be null and void.
17. INDEPENDENT CONTRACTOR. City and Law Firm agree that Law Firm will act as an independent contractor and will have control of all work and the manner in which is it performed. Law Firm will be free to contract for similar service to be 6 9
performed for other employers while under contract with City. Law Firm is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this Agreement that may appear to give City the right to direct Law Firm as to the details of doing the work or to exercise a measure of control over the work means that Law Firm will follow the direction of the City as to end results of the work only.
18. AUDIT OF RECORDS. Law Firm will maintain full and accurate records with respect to all services and matters covered under this Agreement. City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. City or its designee shall have the option of inspecting and/or auditing all records and other written material used by Law Firm in preparing its statements to City as a condition precedent to any payment to Law Firm. Law Firm will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
19. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
20. ENTIRE AGREEMENT. This Agreement and its accompanying exhibits, set forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
21. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
22. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
23. AUTHORITY/MODIFICATION. Any amendment, modification, or variation from the terms of this agreement shall be in writing and shall be effective only upon mutual written approval by the City Manager and Law Firm subject to budgeted amounts for legal services under the City’s Workers’ Compensation Fund.
24. ACCEPTANCE OF FACSIMILE SIGNATURES. In addition to the acceptance of original signatures, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with 7 10
this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
25. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
26. JURISDICTION AND VENUE. Jurisdiction is in the State of California and venue lies in Ventura County.
27. NON-APPROPRIATION OF FUNDS. Payments due and payable to Law Firm for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City. In the event City has not appropriated sufficient funds for payment of Law Firm services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the Effective Date.
Attest: City of Simi Valley,
A Municipal Corporation
By:
Lucy Blanco, City Clerk Brian Paul Gabler, City Manager
Approved as to Form: Kegel, Tobin & Truce, APC
By:
David L. Caceres, City Attorney Matthew C. Malen
Tax ID No.: 95-4077194
8 11
EXHIBIT “A”
SCOPE OF SERVICES
Law Firm will represent City in the following matter(s):
Workers’ Compensation defense services, subrogation, and all matters related thereto.
9 12
Required Written Reports from Outside Counsel For Litigation Matters
PROPOSED PHASE I LITIGATION PLAN AND PRELIMINARY CASE ANALYSIS --Facts
--Injuries
--Damages
--Liability Analysis
--Significant Evidentiary Issues
--Evaluation
--Further Investigation (or Handling)
--ADR (Alternative Dispute Resolution consideration)
--Motions (if contemplated)
--Initial Discovery Plan
--Other Activities (Have we hired or plan to hire experts / consultants immediately?) --Budget
--Estimated Completion Date for Phase I
PHASE II SUPPLEMENTAL DISCOVERY ACTIVITY
--Recent Developments
--Motions
--Further Discovery
--Retention of Experts
--Legal Research
--Other Activities
--Response to Anticipated Conduct of Opposing Counsel
--ADR
--Current Evaluation
--Cost Estimate
--Estimated Completion Date for Phase II
PRE-MEDIATION REPORT
--Facts
--Recent Discovery Responses
--Liability Issues for Incident/Accident/Event
--Other Legal Issues (Statute of Limitations, etc.)
--Damages
--Mediation Plan and Plan to Discuss Settlement Limits, if any and time for CC approval.
PRE-TRIAL REPORT
--Facts
--Injuries/Damages
--Testimony and Discovery answers plus opinion on weight of each witness --Expert Opinions
--Any Legal Theory Analysis
--Liability
--Cost and Time of Trial
--Predicted Outcome if Appropriate
--Who will be Testifying for Client
Status reports should be provided on a 45 to 60 day basis, in letter form (as opposed to an email). Also, if anything material has taken place, these should be reported to the assigned in- house attorney by phone and in writing. Lastly, reports of depositions taken and significant issues that arise should be provided soon after the event.
10 13
EXHIBIT “B”
SCHEDULE OF FEES
See Kegel, Tobin and Truce Fee Schedules, attached.
11 14
KEGEL, TOBIN TRUCE INTEGRATED FEE SCHEDULE
PARALEGAL &
PARALEGAL & LEGAL ASST
ORDINARY LEGAL ASST APPELLATE APPELLATE
CODE DESCRIPTION OF ACTIVITY WORKERS' COMP WORK COMP S&W, 132(a) S&W, 132(a) 00 TELEPHONE CALL - LEFT SUBSTANTIAL MSG $18.00 $12.00 $23.00 $15.00 01 INITIAL FILE REVIEW $350.00 N/A $450.00 N/A
02 ADDITIONAL FILE $55.00 N/A $70.00 N/A
03 LETTER OF ADVICE $300.00 N/A $400.00 N/A
05 INTERIM REVIEW by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 06 PREPARE AND FILE ANSWER $154.00 $105.00 $200.00 $134.00 07 SERVE MEDS $44.00 $44.00 $55.00 $55.00
08 SCHEDULE/ARRANGE DEPOSITION $75.00 $75.00 $95.00 $95.00 09 ATTENDANCE AT DEPOSITION (<3HRS) $525.00 N/A $675.00 N/A 10 ATTENDANCE AT HEARING ( 1/2 DAY) $700.00 N/A $890.00 N/A 11 CONFERENCE WITH by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 12 DRAFT/ARRANGE/PREPARE S.D.T. $44.00 $44.00 $55.00 $55.00 13 DRAFT/ARRANGE/PREP. PERS. SUBPOENA $44.00 $44.00 $55.00 $55.00 14 ARRANGE TO PHOTOCOPY RECORDS $44.00 $44.00 $55.00 $55.00 15 SCHED/ARRANGE MEDICAL EXAM $90.00 $90.00 $115.00 $115.00 16 ROUND UP X-RAYS/SCANS $44.00 $44.00 $55.00 $55.00
17 DETAILED LETTER TO DOCTOR $125.00 $85.00 $160.00 $105.00 18 REVIEW REPORT OF DR. $120.00 $82.00 $152.00 $104.00
19 REVIEW RECORDS OF by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 20 REVIEW EARNINGS DATA $55.00 $35.00 $70.00 $45.00
21 REV MED REPORT (REDUCED RATE) $75.00 $51.00 $95.00 $65.00 22 REVIEW INVESTIGATION REPORT $75.00 $51.00 $95.00 $65.00 23 VIEW MOTION PICTURES/VIDEOTAPE by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 24 REVIEW DISABILITY RATING $110.00 $75.00 $140.00 $95.00 25 PREPARE COMPROMISE & RELEASE $165.00 $112.00 $210.00 $140.00 26 PREPARE DECL. OF READINESS $75.00 $51.00 $95.00 $65.00 27 CSP. PREPARE/DICTATE/TRANSMIT $100.00 $68.00 $130.00 $87.00 28 CSP REC'D W/ FILE REV & ANALYSIS $75.00 $51.00 $95.00 $65.00 29 TRANSMITTAL SENT $44.00 $44.00 $55.00 $55.00
30 TELEPHONE CONFERENCE WITH by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 31 REVIEW ORDER APPROVING C&R/STIPS $77.00 $53.00 $98.00 $57.00 32 REVIEW FINDINGS AND AWARD $150.00 $102.00 $190.00 $130.00 33 PETITION FOR RECONSIDERATION N/A N/A $560.00 N/A
34 ANSWER TO PETITION FOR RECON. N/A N/A $350.00 N/A
36 REVIEW OF by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 37 PREPARE PETITION TO REOPEN $110.00 $75.00 $140.00 $95.00 38 PETITION TO TERMINATE $150.00 $102.00 $190.00 $130.00 39 PREP ANSWER/OBJ. TO $88.00 $60.00 $112.00 $76.00
40 LEGAL RESEARCH by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 41 PETITION FOR WRIT OF REVIEW N/A N/A by time @ $185/hr N/A 43 BRIEF LETTER SENT (REDUCED RATE) $55.00 $35.00 $70.00 $45.00 44 BRIEF CSP. REC'D (REDUCED RATE) $45.00 $30.00 $58.00 $38.00 45 ORAL ARGUMENT AT APPELLATE LEVEL N/A N/A by time @ $185/hr N/A 49 PREPARE STIPULATIONS $88.00 $60.00 $112.00 $76.00
63 TELEPHONE CALL (REDUCED RATE) $35.00 $24.00 $45.00 $30.00 68 PREPARE POINTS AND AUTHORITIES by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 69 PREPARE ADVISORY RATING AND LETTER $110.00 $75.00 $140.00 $95.00 70 PREPARE/FILE LIEN $44.00 $35.00 $55.00 $45.00
71 PREPARE APPLICATION $154.00 $105.00 $196.00 $134.00
72 ATTEND HEARING <1/2 DAY)[RED.RATE] $435.00 N/A $550.00 N/A 73 ATTEND FULL DAY HEARING $1,400.00 N/A $1,780.00 N/A
75 DEPOSITION ACTIVITIES EXCEEDING 3 HOURS by time @ $180/hr N/A by time @ $185/hr N/A 76 REVIEW VOC. REHAB REPORT $66.00 $45.00 $84.00 $57.00 77 PREPARE STIPS W/ REQ FOR AWARD $132.00 $90.00 $168.00 $115.00 Jan'22 Int Fee Sched City Simi Page 1 of 2 Prepared by EM Wagner 12 15
EXHIBIT “C”
INSURANCE REQUIREMENTS
A. Types and Amounts of Insurance Coverage. LAW FIRM will provide the following types of insurance designated in this section that includes coverage limits complying, at a minimum, with the limits set forth herein:
Type of Insurance Limits (comb. single)
Errors and omission $1,000,000
Business auto liability $1,000,000
Workers comp. Statutory requirement
B. Insurance Policy Forms and Provisions. The insurance policies provided by LAW FIRM in compliance with the requirements of this section will conform to all of the following requirements regarding policy forms and provisions
(1) Errors and Omissions Insurance will be provided covering liability for professional malpractice. Such coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis, LAW FIRM will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (hereinafter the “extended insurance”). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover LAW FIRM for all claims made by CITY arising out of any errors or omissions of LAW FIRM, or the officers, employees or agents of LAW FIRM during the time this Agreement was in effect.
(2) Business Auto Coverage will be provided on ISO Business Auto Coverage Form No. CA 00 01 03 10 or the commercially available ISO form including symbols 8 & 9 (non- owned and hired). As in the case of general liability insurance requirement, CITY and all of CITY’S officers, employees, agents and volunteers will be named as additional insureds under such insurance coverage using the insurance carrier or ISO commercially available additional endorsement. The insurance policy providing such coverage will be scheduled as underlying insurance to any umbrella policy required above meeting general liability insurance requirements.
(3) Workers’ Compensation/Employer’s Liability Coverage will provide workers’ compensation statutory benefits as required by law. Unless otherwise agreed, this policy will be endorsed to waive any right of subrogation as respects the CITY and CITY’s officers, employees, agents and volunteers. Employer’s liability coverage provided by such insurance will be scheduled under any primary or umbrella policy described above to meet general liability insurance requirements.
C. Additional Insurance Requirements. LAW FIRM agrees to comply with the following additional requirements with respect to the insurance provided pursuant to this section:
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(1) Unless otherwise approved by CITY, LAW FIRM’s insurance will be written by insurers authorized to do business in the State of California, and with a minimum “Best’s” Insurance Guide rating of “A:VII.” Self -insurance will not be considered to comply with these insurance specifications.
(2) LAW FIRM will provide evidence of the insurance required herein, satisfactory to CITY, consisting of certificate(s) of insurance evidencing all of the coverages required, copies of the insurance policies themselves or any portions thereof, and any required endorsements.
Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. LAW FIRM will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
(3) Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Coverage will not be limited to the specific location, individual or entity designated as the address of the project or services provided for by this Agreement.
(4) LAW FIRM will ensure that coverage provided to meet these requirements is applicable separately to each insured, and that there will be no cross liability exclusions that preclude coverage for suits between LAW FIRM and CITY, between LAW FIRM and any other named insureds or additional insureds under the insurance policy, or between CITY and any party associated with CITY or CITY’s officers, employees, agents or volunteers.
(5) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, will not prohibit LAW FIRM, and LAW FIRM’s employees or agents, from waiving the right of subrogation prior to a loss. By these presents, LAW FIRM waives its right of subrogation against the CITY.
(6) Any failure on the part of CITY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of CITY or any other additional insured in this or any other regard.
(7) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right, but not the duty, to obtain the insurance it deems necessary to meet the requirements of this Agreement, and any premium paid by CITY for such insurance will be promptly reimbursed by LAW FIRM, or, if not promptly reimbursed, deducted from any compensation to be paid by CITY to LAW FIRM pursuant to this Agreement
(8) LAW FIRM will provide proof that policies of insurance required her ein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least 72 hours before expiration of coverage.
(9) LAW FIRM will require all subcontractors or other parties hired by LAW FIRM to perform any part of the services required by this Agreement to purchase and maintain all of the 14 17
insurance specified above and all such commercial general liability insurance and business automobile insurance will name as additional insureds all parties to this Agreement. LAW FIRM will obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required herein. No contract used by any LAW FIRM, or contracts LAW FIRM enters into on behalf of CITY, will reserve the right to charge back to CITY the cost of insurance required by this Agreement. When requested, LAW FIRM will provide CITY will all agreements with subcontractors or others with whom LAW FIRM contracts with on behalf of CITY, and with all certificates of insurance obtained in compliance with this paragraph. Failure of CITY to request copies of such documents will not impose any liability on CITY, or its employees.
(10) LAW FIRM will provide immediate notice to CITY of any claim against LAW FIRM or any loss involving LAW FIRM that could result in CITY or any of CITY’s officers, employees, agents or volunteers being named as a defendant in any litigation arising out of such claim or loss. CITY will not incur any obligation or liability by reason of the receipt of such notice. However, CITY will have the right, but not the duty, to monitor the handling of any such claim or loss that is likely to involve CITY.
(11) In the event of any loss that is not insured due to the failure of LAW FIRM to comply with these requirements, LAW FIRM will be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to CITY, or CITY’s officers, employees, agents or volunteers as a result of such failure. 15 18
KEGEL, TOBIN TRUCE INTEGRATED FEE SCHEDULE
PARALEGAL & LEGAL ASST
ORDINARY LEGAL ASST APPELLATE APPELLATE
CODE DESCRIPTION OF ACTIVITY WORKERS' COMP WORK COMP S&W, 132(a) S&W, 132(a) 78 PREPARE ADD'L STIP/C&R $55.00 $38.00 $70.00 $48.00
80 COMPLEX INITIAL FILE REVIEW by time @ $180/hr N/A by time @ $185/hr N/A 81 PREPARE COMPLEX STIP/C&R by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 82 PREPARE ORDER by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 88 CONDUCT PUBLIC RECORDS SEARCH $75.00 $75.00 $75.00 $75.00 90 PREPARE REHAB APPEAL $209.00 $145.00 $266.00 $185.00 92 PREPARE PET FOR CONTRIBUTION $175.00 $120.00 $220.00 $150.00 93 (MISC) by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 94 PREPARE (STANDARD PLEADINGS & FORMS): per Sep Schedule per Sep Schedule Per Forms Man Per Forms Man 95 REVIEW FILE FOR CLOSE/PRESERVE $60.00 $60.00 $75.00 $75.00 96 REVIEW REHAB UNIT D&O $110.00 $75.00 $140.00 $95.00
98 LEXIS $75.00 $75.00 $75.00 $75.00
99 CHECK REQUEST/PREPARATION/ACCTG $40.00 $40.00 $40.00 $40.00 100 E-MAIL RECEIVED FROM by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 101 E-MAIL PREPARED AND SENT TO by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 102 REVIEW LENGHTY OR COMPLEX MED RPT by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 105 ROUND TRIP TRAVEL TIME by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 106 PREPARE REQUIRED EAMS FORMS FOR FILING OF by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 107 PREPARE PRE-TRIAL CONFERENCE STMT $175.00 $105.00 $225.00 $135.00 108 PREPARE DEFENSE EXHIBIT PACKAGE FOR by time @ $180/hr by time @ $95/hr by time @ $185/hr by time @ $105/hr 109 PREPARE REQUEST FOR QME PANEL $75.00 $75.00 $95.00 $75.00 110 CANCEL/RESCHEDULE DEPOSITION $55.00 $55.00 $55.00 $55.00 111 PREPARE MINUTES OF HEARING FOR $44.00 $44.00 $55.00 $55.00 114 HEARING ACTIVITIES > 1/2 DAY YET < FULL DAY by time @ $180/hr N/A by time @ $185/hr N/A 115 PREPARE NOTICE OF HEARING $44.00 $44.00 $55.00 $55.00 U&C PHOTOCOPIES 1-20 @ $0.50/Page; 20+ @ $0.35/Page
U&C FACSIMILES $1.50/Page
Note: The fees for services listed above are not based solely on the professional time involved. This is simply the charge for the specified service. Fees are based upon the relative complexity of each task, professional skill and experience, as well as the degree to which firm resources are involved in accomplishing the task. All legal assistant activities are reduced accordingly. If you have any questions as to our billing philosophy, please call our Director of Administration, Elizabeth M. Wagner at (213) 380-3880.
Revised January 1, 2022
Jan'22 Int Fee Sched City Simi Page 2 of 2 Prepared by EM Wagner 16 19