HomeMy WebLinkAboutRestorical Research (2) Restorical Research
ontoo•rtn3 Ktstory to clover your eSiIi
AGREEMENT
BETWEEN
Restorical Research, LLC
AND
City of Jeffersonville, Indiana
FOR COST RECOVERY ASSISTANCE
PRIVILEGED & CONFIDENTIAL
This Fee Agreement ( "Agreement ") defines the nature and scope of the relationship
between Restorical Research, LLC ("Restorical") and City of Jeffersonville, Indiana ( "Client ") in connection with
Restorical providing consulting services for the environmental cost recovery/contribution and/or insurance coverage
matters.
1. SCOPE OF COST RECOVERY SERVICES: The scope of cost recovery services to be provided by Restorical
under this agreement will be referred to as the " Cost Recovery Assistance," and will encompass
consulting services to assist Client in preparing and undertaking an insurance recovery action against
insurers who owe Client duties of defense and indemnification for the costs of environmental investigation
and remediation pursuant to insurance policies, and/or a cost recovery/contribution action against third
parties who have caused, contributed to, or exacerbated the contamination, and are liable to Client for some
or all of the costs of environmental investigation and remediation. These actions collectively, or alone, are
deemed the "Cost Recovery Action." Cost Recovery Assistance shall consist of:
a. performing such historical investigation of property records, transactional records, aerial photographs,
sanborn maps, and other similar historical documents to identify potentially responsible persons;
b. performing such historical investigation of insurance records and related documents to identify
insurance carriers and policies that may provide coverage for the release that are the subject of IDEM
or other government agency's, or third party's demands.
Cost Recovery Assistance does not include: •
a. environmental investigation needed to fully delineate the nature and extent of contamination;
b. environmental remediation needed to address such contamination;
c. expert witness services in any cost recovery, contribution, or insurance coverage litigation that
client may hire counsel to initiate; and
d. legal services. Client understands that Restorical does not perform legal services or provide legal
advice.
2. COMPENSATION: As compensation for cost recovery services provided to Client, Restorical shall receive a
fee of $5000 per site. Restorical services will be considered successful upon at least one insurance carrier or a
third party agreeing to defend. Upon that event occurring, Restorical shall present to Client an invoice. Client
shall pay the full amount of invoice promptly after receipt of the invoice.
Privileged and Confidential - 1 -
4
3. LIEN: Restorical shall have a lien on all Recovery until Restorical's fees are paid in full.
The Client has read this Agreement carefully and understands the terms hereof
I HAVE READ THE ABOVE AGREEMENT BEFORE SIGNING IT. THE UNDERSIGNED CLIENT
ACKNOWLEDGES THE RECEIPT OF A FULLY SIGNED COPY OF THIS AGREEMENT.
Name Restoric esearch, LL
//
By: ��
By
Jeff Berebitsky, Principal
3 -1
Date: 7- 3 0 - Date: 3
Privileged and Confidential - 2 -