HomeMy WebLinkAbout25-270 - Contract - Matthew W. Cockrell & Associates PC - Insurance & Cost Recovery Services25-270
Council Approval N/A
Matthew W. Cockrell & Associates, P.C.
3015 Floral Drive, Northbrook, IL 60062
Tel.: 847-341-5250
Email: MCockrellnCockrellLegal.com
LEGAL SERVICES RETENTION AGREEMENT
ENVIRONMENTAL INSURANCE AND COST RECOVERY MATTER
(City of Tukwila, Washington)
This Legal Services Retention Agreement defines the nature and scope of the relationship
between Matthew W. Cockrell and Associates, P.C. ("Cockrell") and City of Tukwila,
Washington ("Client") and will detail the terms on which Cockrell will provide legal services to
represent the Client in connection with the environmental insurance and cost recovery matter.
Please read this retention agreement carefully and fully understand it before signing.
SCOPE OF SERVICES:
a. Insurance and Cost Recovery Matter: The scope of this engagement, which will be
referred to as the "Recovery Matter," will encompass the legal services necessary and appropriate
to undertake a recovery matter against historic comprehensive general liability policies of
insurance. This will include, without limitation, reviewing and analyzing insurance policies,
analyzing existing environmental and site history information to develop legal theories of
recovery, advising Client on all legal matters, submitting claims to insurers, and/or negotiating
settlements. This retention does not include litigation services.
b. Client Authority: While Cockrell will provide to the Client legal advice,
recommendations and options, the Client has the right to make the final decisions as to all claims,
strategies, and settlements.
LEGAL. FEES AND EXPENSES:
a. Legal Ties: The Client will be obligated to pay the attorneys' fees of Cockrell only
if the Client receives Recoveries (as defined below) in which case Cockrell will receive a
contingency fee of 10% of Recoveries.
b. Expenses: In Cockrell's experiences, expenses are very rarely required. In the event
Cockrell believes expenses are necessary, Cockrell will always request written approval in
advance from Client.
c. Experts and Consultants: Given the sophisticated environmental and other expertise
needed to recover for environmental investigations and remediation, it is anticipated that, and
only after Client approval, non -legal expert or consulting services may be separately required to
assist in the Recovery Matter. Since any such expert or consultant is not part of or affiliated with
Cockrell, the Client will be obligated to pay under separate contract for these services in addition
to the "Expenses" described above.
All communications and work product amongst Cockrell, Client and any non -legal expert
or consulting services (including without limitation Restorical Research) are in anticipation of
litigation and considered completely confidential and within the full confidentiality protections of
the attorney client privilege and die attorney work product privilege. This will confirm with
Client, Restorical Research and me our agreement that Restorical Research is Cockrell's non-
Prisdleged and Confidential - 1 -
lacy
ver reprcscntab,c and non -I estif, I ng consultant assisting Cockrc I I in this rcprcsen[a0on and is
IN°ithin the confidentialities of the attorney client privilege and attorney work product privilege to
the fullest extent of loveable under state IaNv and our agreeniclit. Restorical Research understands
that it will not reveal tile information it has compiled to mmy third -party without first discussing
the release with Cockrell or the Client and obtaining their concurrence.'
= 3 . ...... Definition of Rccovcrv:
The term --Recovery" as, used herein are all payments. \,,alLIC received and tangible
benefit flowing to the Client directly or indirectly, rnonetar�', or othenvise., from any potentially
responsible party. or frorri in\, one or more of the insurers of the Client or of any potentially
responsible party, whether by collection, SCUlenIC11t. .judgment or litigation. bef"orc cons'
.1'ideration
of any income tax matters. Recovery includes but Is not limited to payments for invcsfigation and:
re'ruediation work. sums attributable to Interest. punitive claniages'or attorney's fives and the
present value of aniounts to be paid in the future, if attorne\'s fees are recovered, those will be
treated as partoftlic, general reco%"cry and divided according to the terms of this agreement,
Note that, under this retention agreement, you vv ill be responsible to pay Cockrell the
Contingency 1 -be based oil tile value of allpayments even if the insurer or third part\, assumes
responsibility for the site investigation and remediation and the payments are used for the oil -
going site itn'estigation and remediation Oil your property. If this happens. you \\-Ill need to pay
Cockrell its contingence fee based oil the amount of these paN nictits.
Oov,,eniinLy LaNv
`]'his Agreerrictit shall be governed by and construed in accordance \Wli the la\\s of
the State of Washington, Chent has al\%,a\,s had and continues to have the choice to freely, select
insurance coverage attorney of his choosing. This Retention Agreement can be tcrniiriate+ at an\,
time by cither party as allowed under Washington law,
NIA -M -FEW W, COCKRELL & ASSOCIA"FES. P.C.
fav
..............
Mattho\N, W, Cockrell
Date: .247
-k--EV —1EANTEP- P- - -
R- 0 VE—'
-P—a -D:-(I es-e-- i ---- -
Oh, of 'FLik\kl1a, Washi'll -1, 11arne:
N Brandon Miles
B%-:
Street Address: 6200 Southcenter Blvd
City and Zip Code: Tukwila WA 98188
Date:—
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Fete: 206-431-3684
Cell:
Email: brandon.milesPtukwilawa.Rov
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