HomeMy WebLinkAbout5784Matthew W. Cockrell & Associates, P.C.
300 Meadowbrook, Northfield, IL 60093
Tel.: 847-341-5250
Email: MCockrell@CockrellLegal.com
LEGAL SERVICES RETENTION AGREEMENT
ENVIRONMENTAL INSURANCE AND COST RECOVERY MATTER
(The City of Bremerton, Washington)
This Legal Services Retention Agreement defines the nature and scope of the relationship
between Matthew W. Cockrell and Associates, P.C. ("Cockrell") and the City of Bremerton,
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.
1. 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. Final acceptance of any settlement shall require City Council
approval.
2. LEGAL. FEES AND EXPENSES:
a. Legal Fees: 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. Erperis 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.
3. DEFINITION OF RECOVERY:
The term "Recovery" as used herein are all payments, value received and tangible
benefit flowing to the Client directly or indirectly, monetary or otherwise, from any potentially
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responsible parry, 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 payments for investigation and
remediation work, 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.
Note that, under this retention agreement, you will be responsible to pay Cockrell the
contingency fee based on the value of all payments even if the insurer or third party assumes
responsibility for the site investigation and remediation and the payments are used for the on-
going site investigation and remediation on your property. If this happens, you will need to pay
Cockrell its contingency fee based on the amount of these payments.
4. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of
the State of Washington. Client has always had and continues to have the choice to freely select
insurance coverage attorney of his choosing. This Retention Agreement can be terminated at any
time by either parry as allowed under Washington law.
MATTHEW W. COCKRELL & ASSOCIATES, P.C.
By: ff 4L —
Matthew W. Cockrell
Date: z Ql ,/ 9—ale
REVIEWED and APPROVED:
The City of Bremerton, Washington
By. -
Date: 1''
(Please print)
Name: LuboN k
Street Address:, fi 2t 1 C
City and Zip Code: ac \wt C
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Cell:
Email: ��.'(' • �-1 � (7-C-)
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