CONTRACT FOR SERVICES AND AGREEMENT

This agreement is entered into as of the dates set forth at the end of this Agreement by and between James O. Harris, Harris Technical Services, Traffic Accident Reconstructionists, Port St. Lucie, Florida (hereinafter "Consultant") and

_____________________________________________________________(hereinafter "Client").

The name or style of this case:___________________________________________________

Consultant will commence work for Client upon receipt of a retainer, as set forth below, and acceptance of this agreement indicated by the signatures of both parties. Consultant agrees to perform consulting and/or expert witness services as requested by Client and in connection with such services agrees to perform such data collection, analysis, reviews, research and exhibit preparation so as to be able to consult with Client and/or advise Client as an expert witness in traffic accident reconstruction with respect to Consultant's findings. Consultant will report such conclusions and findings to Client verbally or in writing. Consultant agrees to assist Client in trial preparation and to offer testimony as an expert witness in traffic accident reconstruction. The full scope of Consultant's work will be determined as the matter proceeds, subject to the needs and requests of Client. Consultant will be performing services to this agreement as an independent contractor.

Charges are as follows:

Professional Time: $150.00 per hour; Travel Time: $150.00 per hour, portal to portal; Depositions and Trial Appearances: $250.00 per hour; Day Rate: $1000.00 per calendar day; Vehicle Mileage: $0.21 per mile, portal to portal; Travel expenses: Cost plus 20%.

Trial and deposition time charges are in addition to all other charges incurred for the appearance including the day rate. The day rate is applied, at Consultant�s sole discretion, to those instances where the total professional and travel time exceeds eight hours on any single calendar day. Consultant shall provide Client with an estimate of charges verbally or in writing prior to incurring such charges and if the retainer balance is exhausted or insufficient to cover estimated charges.

Billing is submitted monthly except when there has been no activity during the preceding month and there is no balance due. All invoices are due and payable upon receipt. 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. Payment of invoices shall be made to Harris Technical Services no later than 30 days from the invoice date. Consultant may cease to provide further services and initiate actions to recover any outstanding balance owed if payment has not been received within 30 days of the last invoice date reflecting a balance due. This does not relieve Client in any way from payment for services rendered or expenses incurred. Payment for all charges is the responsibility of the Client notwithstanding Client's relationship with third parties. Requests for billing corrections must be received within 30 days of the date of the invoice in question or the invoice shall be considered correct. All unused retainer amounts are fully refunded within 30 days of Consultant�s receipt of the request and termination of this agreement. Upon termination of Consultants services by Client, Client shall pay all outstanding charges within 30 days of receipt of an appropriate invoice.

The parties agree that any action which is required to be filed to enforce the terms of this agreement shall be filed in Saint Lucie County, State of Florida, but this shall not preclude Consultant from bringing an action in any other county or state which represents the proper venue for such an action. All actions arising out of the performance of this agreement shall be governed by the laws of the State of Florida.

A retainer in the amount of $1,000.00 (one thousand dollars) must be received by Harris Technical Services and acceptance indicated by the signatures of both parties for this agreement to become binding. The parties do hereby execute this agreement on the date(s) set forth below.

 

_____________________________________________ Date____________
James O. Harris, Harris Technical Services

 

_____________________________________________ Date____________
Client Signature

_______________________________________________
Client name typed or printed