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EXHIBIT B <br />SCHEDULE OF RATES AND EXPENSES <br />1. TASK 1: As compensation for services to conduct a preliminary investigation and deteiiuine if a viable <br />insurance policy and/or insurance coverage exists, Consultant shall receive $10.00. Consultant shall <br />present to City an invoice once this investigation is complete. <br />2. TASK 2: After review of the deliverables from TASK 1, City, in its sole discretion, may elect to proceed <br />to TASK 2. Task 2 involves the City hiring an attorney to pursue Cost Recovery Contribution against <br />any of the insurance identified by Consultant in Task 1. Restorical will provide all investigative results <br />and materials from Task 1 to the selected attorney and will provide consultancy, research and coverage <br />support to the chosen attorney during the pendency of the claim. Such support is a requisite part of Task <br />2 and the related compensation. <br />a. If City elects to proceed to TASK 2, as compensation for services to perfoiiu Cost Recovery <br />Assistance for City, Consultant shall receive a contingency fee of Ten percent (10%) of <br />"Recovery". Upon receipt of the Recovery, Consultant shall present to City an invoice. City <br />shall pay the full amount of invoice, net 30, after receipt of the invoice. <br />b. The parties understand and agree that a material inducement for Consultant to enter into this <br />Agreement and perfoiiu the Task 1 services is the opportunity to pursue the Task 2 services. If <br />the City elects not to pursue the Task 2 services the City agrees (i) it will not on its own, directly <br />or indirectly, at anytime pursue any cost recovery contribution against any of the insurance <br />identified by Consultant in providing the Task 1 services and (ii) that if the City pursues and <br />Recovers any funds from the insurance identified by Consultant in providing the Task 1 services <br />the City will be obligated to pay Consultant the Task 2 fee. <br />3. DEFINITION OF RECOVERY: The term "Recovery" as used herein are all payments, flowing to the City <br />directly or indirectly, monetary or otherwise, from any one or more of the insurers of the City or of any <br />potentially responsible party, whether by collection, settlement, judgment or litigation, before <br />consideration of any income tax matters. Recovery includes but is not limited to payments for <br />investigation and remediation work, sums attributable to interest, punitive damages and attorney's fees. <br />4. EXPENSES: City agrees to pay for all expenses related to title document production not to exceed <br />$600 per site/project. Consultant will not charge for any additional expenses, including but not limited <br />to scanning, copying, travel and/or lodging. <br />CA revised May 2020 <br />8 <br />Page 7 <br />