THOMAS J. AVENI, MSFP
CONSULTANT AGREEMENT
This agreement is entered into as of the dates set forth at the end of this
Agreement by and between THOMAS J. AVENI (hereinafter "Consultant") and
______________________(hereinafter "Client").
The name of the case:
Case number:
Court case filed in:
RETENTION
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Consultant will be available to commence work for a Client upon receipt of a
retainer.
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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
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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.
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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.
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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
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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 tenths of an hour as follows:
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Client will pay Consultant for travel time at forty dollars ($40.00) per hour
plus forty cents per mile.
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Client will pay Consultant for testimony at either trial or deposition at
TWO HUNDRED & TWENTY-FIVE dollars ($225) an hour. This rate applies to office or
courtroom waiting time as well as actual time testifying.
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All other work including research, report preparation, and telephone calls,
Client will pay Consultant for ONE HUNDRED & SEVENTY FIVE dollars ($175) per hour.
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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.
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Each full day away from the area of SPOFFORD, NH 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.
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A retainer of $2,500 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.
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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.
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In cases where Client requires the Consultant to remain on a "stand-by" status
for a trial in progress, Client will agree to pay $750 per day of stand-by. To
provide the Client with better value for this time, it is the Consultant's
obligation to utilize stand-by time for trial preparation, and to be on-call and
available for Client's request to testify.
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Notwithstanding the Agreement of Consultant to bill Client at an hourly rate
in one quarter 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:
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Attendance at a deposition either to assist client or to testify as an expert
witness - TWO HUNDRED & TWENTY-FIVE dollars ($225) an hour.
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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 will be
billed at a rate of - $750 per day for STANDBY and $1,500 per day when
TESTIMONY is given.
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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.
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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
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Travel by car within the local area is charged at the rate of FORTY cents a
mile and forty dollars per hour.
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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.
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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.
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Car rentals outside of Consultant's local area are subject to charges of
midsize cars.
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Lodging which is outside of Consultant's local area is subject to the charges
of moderately priced hotels.
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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
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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.
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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.
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Questions concerning specific billings are welcomed and requests for
corrections must be submitted within 30 days after date of billing in question.
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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
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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.
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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
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The parties agree that any action which is required to be filed to enforce the
terms of this Agreement may be filed in Cheshire County, State of New Hampshire,
but this shall not preclude either party from bringing an action in any other
county which represents the proper venue for such an action.
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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 New Hampshire 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.
Thomas J. Aveni, MSFP The Police Policy Studies Council
Client:
____________________________________________________________Date:
Signature of Client ____________________________________________________________Date:
Signature of Consultant
Print, complete and mail form to:
Thomas J. Aveni, MSFP PPSC Consulting P.O. Box 475 Spofford, NH 03462
(877) 267-7772 Ext. 2 (413) 575-8026 Mobile Phone (603) 386-6007 Facsimile
©2004 The Police Policy Studies Council. All rights reserved. A Steve Casey design.
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