This
agreement is entered into as of the dates set forth at the end of this Agreement
by and between
Edward C. Godnig, O.D. (hereinafter "Consultant")
and ______________________(hereinafter "Client").
The name
of the case:
Case number:
Court case filed in:
RETENTION
·Consultant
will be available to commence work for a Client upon receipt of a retainer.
·Consultant
agrees not to work for any other person or party involved in this case on
matters relating to this case for two weeks after he is verbally retained, or
upon acceptance of the retainer set forth below. Should the two weeks lapse
without receipt of a retainer; Consultant is free to accept work from any other
party.
SERVICES TO BE PERFORMED
·Consultant
agrees to perform consulting and/or expert witness services as requested by
Client and in connection with such services agrees to perform such
investigation, document review, studies and research so as to be able to consult
with Client and/or advise Client as an expert witness with respect to
Consultant's findings. Consultant agrees to verbally report his facts,
conclusions, and findings to Client and, if desired by Client, Consultant will
prepare a written report and cause it to be sent or delivered to client.
Consultant also agrees to assist in trial preparation and to testify as an
expert witness in those areas in which he is qualified.
·The full
scope of Consultant's work will be determined as the matter proceeds, and will
be subject to the needs and requests of Client. Consultant and Client agree that
Consultant will be performing services to this Agreement as an Independent
Contractor.
·Upon
request, Consultant will provide an estimate of the time and costs it will take
to perform the work CONTRACTED by the client. If it becomes apparent to
Consultant that he will need to exceed the estimates provided to complete his
work, he will provide Client with a revised estimate and shall proceed only
after being granted permission by Client.
CONFIDENTIALITY
·Consultant
agrees to retain all non-public information obtained from Client as confidential
and agrees not to release or discuss any of such information unless Consultant
has obtained the prior consent of Client or is otherwise forced, compelled, or
required to disclose this information by operation of law or applicable
government authority.
COMPENSATION
·Fees are
billed to the Client by the tenth of an hour with a minimum charge of 2 of an
hour as follows:
·Client will
pay Consultant for travel time at fifty dollars ($50.00) per hour plus forty
cents per mile.
·Client will
pay Consultant for testimony at either trial or deposition at THREE HUNDRED
($300) an hour. This rate applies to office or courtroom waiting time as well as
actual time testifying.
·All other
work including research, report preparation, and telephone calls, Client will
pay Consultant for TWO HUNDRED & FIFTY dollars ($250) per hour.
·When in the
local area away from the Consultant's office, time is billed from the time of
departure from Consultant's office until the time of return.
·Each full
day away from the area of Kittery, Maine, on assignment is billed on the basis
of an eight-hour day. Where more than eight hours work or travel is performed in
one day, the actual time is billed. Day of departure and day of return are
prorated.
·A retainer
of $2500 is charged for each case. This amount is a nonrefundable minimum fee
charged. Billings for services performed or expenses incurred will be charged
against the retainer until such time as it is exhausted.
·Permission
to use Consultant's name or in any way indicate that he is an expert witness or
Consultant for Client's side of the case, either informally or formally with
other parties, is not granted until the retainer has been paid.
·
Notwithstanding the Agreement of Consultant to bill Client at an hourly rate in
one tenth of an hour increments for services performed, the following minimum
fees will be due, whether or not Consultant is required to spend the amount of
time necessary to result in these minimum fees if time was charged on an hourly
basis. The minimum fees and types of services exclusive of travel to which they
apply are as follows:
·Attendance
at a deposition either to assist client or to testify as an expert witness –
THREE HUNDRED dollars ($300) an hour.
·Attendance
at court to assist Client, testify as an expert witness, or while waiting at
court for an opportunity to testify or assist Client in court – THREE HUNDRED
dollars ($300) an hour.
·The above
are minimum billings and if actual time spent results in an amount due which
exceeds these minimums, then the actual amount will be due.
·Fees and
rates, once established for a job, will not be increased for that job even
though fees or rates may increase for new jobs for a period of 90 days. Three
months after being retained, fees may be raised to those currently charged other
Clients at that time.
EXPENSES
·Travel by
car within the local area is charged at the rate of FORTY cents a mile and fifty
dollars per hour.
·Travel by
car beyond the local area is subject to price of a midsize rental car plus
miscellaneous expenses, including long distance calls, are charged at cost plus
ten percent.
·Travel by
air will be performed by the most economical means compatible with the Client's
time constraints but not during normal sleeping and/or night time hours.
·Car rentals
outside of Consultant's local area are subject to charges of midsize cars.
·Lodging
which is outside of Consultant's local area is subject to the charges
of moderately priced hotels.
·Client may
avoid the 10% surcharge on expenses by furnishing travel and lodging which is
billed directly to Client by the carrier or hotel.
BILLINGS
·Invoices
will be tendered and faxed or mailed to Client after the debits against the
retainer are greater than the credits, or at the end of each month. A breakdown
is furnished itemizing each charge for the month. Billings are due 10 days after
the invoice date. Late charges at the rate of 15.0% per month will be added to
bills not paid within 30 days.
·The payment
of all fees and expenses is the responsibility of the Client notwithstanding
Client's relationship with third parties, contingency arrangements, subrogation,
etc. As a convenience, Consultant may agree to prepare separate billing for an
attorney taking Consultant's discovery deposition, but the responsibility for
payment remains that of the Client. Failure to include a chargeable item in one
billing shall not constitute a waiver of the right to assess the charges in a
subsequent billing.
·Questions
concerning specific billings are welcomed and requests for corrections must be
submitted within 30 days after date of billing in question.
·If
deposition date is canceled with in 48 hours of the appointed time for
Consultant to appear at the deposition, a minimum charge of 2 hours at THREE
HUNDRED dollars ($300) an hour to opposing council.
TERMINATION
·Client may
terminate this Agreement upon 15 days written notice for any reason, upon
termination of Consultants services by Client; Client shall immediately pay all
fees and expenses incurred by Consultant, subject to receipt of an appropriate
bill.
·Consultant
may terminate this Agreement upon fifteen (15) days written notice if payments
are not made within 30 days of the date billing is mailed. This does not relieve
Client in any way from payment for services rendered or expenses incurred.
DISPUTE RESOLUTION
·The parties
agree that any action which is required to be filed to enforce the terms of this
Agreement may be filed in
York County, State of Maine,
but this shall not preclude either party from
bringing an action in any other county which represents the proper venue for
such an action.
·In the event
that either party is required to retain the services of an attorney to enforce
the provisions of this Agreement, then in such case the Client agrees to pay
reasonable attorney's fees and all costs and expenses incurred by Consultant
including collection costs, provided that Consultant is the prevailing party in
said matter either by settlement, litigation or otherwise.
GOVERNING LAW
·The laws of
the State of Maine shall govern all actions arising out of the performance of
this Agreement.
The parties do hereby
execute this Agreement at the places set forth below on the date set forth
below.
Edward C. Godnig, O.D.
PPSC Staff Consultant
36 Rogers Road
Kittery, ME 03904
(207) 439-5669
Client:
____________________________________________________________Date:
Signature of Client
____________________________________________________________Date:
Signature of
Consultant