HomeMy WebLinkAboutCockrell & AssociatesSCOPE OF SERVICES STATEMENT AND RETENTION AGREEMENT
ENVIRONMENTAL INSURANCE RECOVERY MATTER
(JEFFERSONVILLE, INDIANA)(REVISED)
This Revised Scope of Services Statement defines the nature and scope of the
relationship between Matthew W. Cockrell and Associates, P.C. ("Cockrell") and the
City of Jeffersonville, Indiana ("Client") and will detail the terms on which Cockrell will
provide legal services to represent the Client in connection with the environmental cost
recovery matter.
1. SCOPE OF SERVICES:
Cost Recove)y Matter: The scope of this engagement, which will be referred to as
the "Cost Recovery Matter," will encompass the legal services necessary and appropriate
to undertake and prosecute a coordinated environmental cost recovery matter against
third parties responsible for the environmental damage and/or against all historic
comprehensive general liability policies of insurance.
2. LEGAL FEES AND EXPENSES:
a. Legal Fees:
The Client will be obligated to pay the attomeys' fees of Cockrell only if the
Client receives Recoveries. In the event that the Client receives Recoveries, the Client
shall pay Cockrell's attorney fees out of RecOveries in the following manner.
First, the Client shall pay the actual attorneys' fees rendered by Cockrell (hours
incurred times normal billing rate of $250/hour).
Second, the Client shall pay to Cockrell an additional sum equal 11% of the
Client's Recoveries.
However, fees shall be "capped" as follows: The Client will always retain the first
66 2/3rd % of all Recoveries fi.om the Cost Recovery Matter. All fees will be paid to
Cockrell in the manner described above only to the extent of available remaining monies.
b. Expenses:
Cockrell will prepare a budget for all expenses to be approved by the Client in
advance of any expenditures. The Client will reimburse Cockrell on a monthly basis their
out-of-pocket disbursements costs and expenses (collectively the "Expenses") paid in
connection with the Cost Recovery Matter as detailed on the attached sheet. Expenses
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may include, without limitation, costs and expenses of travel (including tolls, parking,
auto rentals, air travel, lodging and meals), postage, Federal Express, local couriers, long
distance telephone charges, LEXIS/WESTLAW and other online computer research,
policy archaeology or research, photocopying and other document creation, reproduction
and graphics costs. Reimbursement of Expenses will not reduce the mount of the
Recovery payable to Cockrell hereunder. Cockrell will prepare and submit monthly
expense invoices directly to the Client. Client's reimbursement of the expenses shall be
made directly to Cockrell within a month of the date of the invoice.
c. Definition of Recovery:
The term "Recovery" as used herein for purposes of a contingency fee are all
payments, value received and tangible benefit flowing to the Client directly or indirectly,
monetary or otherwise, from any potentially responsible party, or from any one or more
of the insurers of the client or of any potentially responsible party, whether by collection,
settlement, judgment or litigation, before consideration of any income tax matters.
Recovery includes but is not limited to sums attributable to interest, punitive damages or
attorney's fees and the present value of amounts to be paid in the future. If attorney's
fees are recovered, those will be treated as part of the general recovery and divided
according to the terms of this agreement.
MATTHEW W. COCKRELL & ASSOCIATES, P.C.
By:
Matthew W. Cockrell
Date:
REVIEWED and APPROVED:
By:
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ENVIRONMENTAL SERVICES COMPENSATION AGREEMENT
BETWEEN
SESCO GROUP AND CROWE, CHIZEK AND COMPANY L.L.P.
CITY OF JEFFERSONVILLE
This Scope of Services Statement defines the nature and scope of the relationship between the
City of Jeffersonville, Indiana (hereafter "Client") and SESCO Group ("SESCO") and Crowe,
Chizek and Company L.L.P. (''CroWe Chizek'') (collectively ("Consultants") and will detail the
terms on which Consultants will provide non testifying environmental and accounting services to'
represent the City in connection with the Jeffersonville INAAP Insurance Recovery Project.
1. SCOPE OFSERVICES:
Jeffersonville INAAP Insurance Recovery Project. The scope of this engagement, which
will be referred to as the" Jeffersonville INAAP Insurance Recovery Matter," will
encompass the environmental and accounting services necessary and appropriate to
undertake and prosecute a coordinated environmental cost recovery matter against third
parties responsible for the environmental damages relating to the Indiana Army
Ammunition Plant and/or their historic comprehensive general liability policies of
insurance.
2. ENVIRONMENTAL FEES AND EXPENSES
a. Fees:
The Client will be obligated to pay the fees of Consultants only if the Client receives
Recoveries. In the event that the Client receives Recoveries, the Client shall pay Consultants'
fees out of Recoveries in the following manner.
First, the Client shall pay the actual fees rendered by Consultants (hours incurred times
normal billing rate).
Second, the Client shall pay to SESCO and Crowe Chizek, each, an additional sum equal
to 11% of the Client's Recoveries.
However, fees shall be "capped" as follows: The Client will always retain the first 66
2/3ra % of all Recoveries from the Jeffersonville INAAP Insurance Recovery Project. All fees
will be paid to Consultants in the manner described above only to the extent of available
remaining monies.
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b. Other Costs and Charges to the City:
The City will pay Consultants for all reasonable out-of-pocket environmental support
costs incurred by Consultants on behalf of the City including, but not limited to,
insurance archaeology, travel, expert consulting, engineering, and witness fees,
"environmental finger printing" fees and bulk copying costs. It is not contemplated that
insurance archaeology fees and costs will exceed $6,500 per site selected for insurance
recovery fees.
c. Rights to Accrue Expenses and Environmental Consulting Fees from Recoveries:
The term "Recovery" as used herein for purposes of a contingency fee are all payments,
value received and tangible benefit flowing to the Client directly or indirectly, monetary
or otherwise, from any potentially responsible party, or from any one or more of the
insurers of the client or of any potentially responsible party, whether by collection,
settlement, judgment or litigation, before consideration of any income tax matters.
Recovery includes but is not limited to sums attributable to interest, punitive damages or
attorney's fees and the present value of amounts to be paid in the future. If fees are
recovered, those will be treated as part of the general recovery and divided according to
the terms of this agreement.
d. Environmental Clean-up Costs
The Client agrees to engage SESCO to perform all environmental work associated with
complete clean up of the Site. The costs for this work will be limited to what is allowed
per the Indiana Department of Environmental Management Excess Liability Guidelines
(ELF) for cost reimbursement. Although the Site may not be eligible for ELF, the
guidelines are well established and reasonable in nature.
SESCO Group
David F. Valinetz, President ~_?
Date: g ~ 2~'~/ J e ~
By:
Mic~a~el Cla~tor, Pai'th~'~
Date:
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REVIEWED and APPROVED
CITY OF JEFFERSONVILLE
Date: ~ -//~ ~'.7
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