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FIN 2025-04-28 Item 1A - Contract - Insurance Archaeology, Forensic Accounting and Claims Management wtih Restorical Research
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2025-04-28 Finance and Governance
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FIN 2025-04-28 Item 1A - Contract - Insurance Archaeology, Forensic Accounting and Claims Management wtih Restorical Research
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4/24/2025 2:40:58 PM
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Council Committees
Committees Date (mm/dd/yy)
04/28/25
Committee Name
Finance and Governance 2021-Present
Record Type
Agenda Packet
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EXHIBIT A <br />SCOPE OF WORK <br />1. SCOPE OF SERVICES: The scope of services to be provided by Restorical Research (hereinafter <br />"Consultant") under this agreement will be referred to as the " Cost Recovery Assistance," and will <br />encompass two tasks: (Task 1) consulting services to assist City in preparing and undertaking an <br />insurance recovery action against insurers who owe City duties of defense and indemnification for the <br />costs of environmental investigation and remediation of contamination on, beneath or potentially <br />migrating to or from the property pursuant to insurance policies; and (Task 2), a cost <br />recovery/contribution action against third parties who (i) have caused, contributed to, or exacerbated <br />contamination on, beneath or potentially migrating to or from the property, (ii), who may have insurance <br />policies which address such contamination, and (iii) who are liable to City for some or all of the costs <br />of environmental investigation and remediation. These actions collectively, or alone, are deemed the <br />"Cost Recovery Assistance". Cost Recovery Assistance shall consist of: <br />a. Perfoiiuing such historical investigation of property records, transactional records, aerial <br />photographs, sanborn maps, and other similar historical documents to identify potentially <br />responsible persons. <br />b. Assist in managing the flow of infoiivation between the City, attorneys, and consultants. City <br />authorizes Consultant to be copied (including blind copy) on all correspondence between City, <br />attorneys and consultants. City authorizes Consultant to receive copies of all invoices. <br />c. Perfoiiuing such historical investigation of insurance records and related documents to identify <br />insurance carriers and policies that may provide insurance coverage for contamination on, beneath <br />or potentially migrating to or from the property that is the subject of claims or demands by the City, <br />by any governmental agency, or a third party. <br />Cost Recovery Assistance does not include: <br />a. Environmental investigation needed to fully delineate the nature and extent of contamination. <br />b. Environmental remediation needed to address such contamination. <br />c. Expert witness services in any cost recovery, contribution, or insurance coverage litigation that <br />City may hire counsel to initiate; and <br />d. Legal Services as City understands that Consultant does not perfoiiu legal services or provide <br />legal advice. <br />2. Consultant's scope of work for Task 2 includes providing all investigative results and materials from <br />Task 1 to the selected attorney and consultant will provide consultancy, research and coverage support <br />to the chosen attorney during the pendency of the claim. Once coverage has been secured for the City, <br />Consultant will manage the claim (under the direction of the selected attorney) including but not limited <br />to forensic accounting and tracking of invoices and payments. Such support is a requisite part of Task 2 <br />and the related compensation. <br />CA revised May 2020 <br />Page 6 <br />7 <br />
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