AGR-7472 - FORENSISGROUP INCEXPERT WITNESS SERVICES AGREEMENT
Expert Witness Services]
THIS EXPERT WITNESS SERVICES AGREEMENT (the "Agreement").is made at
Orange, California, on this 9 th day of To.nuat , 20 23 (the "Effective Date") by and
between the CITY OF ORANGE, a municipal coioration ("City"), and FORENSISGROUP,
INC., a California corporation("Expert"),who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Expert
shall provide to the reasonable satisfaction-of City the services set forth in Exhibit"A,"which is
attached hereto and incorporated herein by reference. As.a material inducement to City to enter
into this Agreement, Expert represents and warrants that it has thoroughly investigated and
considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
course of City's business and City.relies on Expert's representation that it is independently
engaged in the business .of providing such services and is experienced in performing the work.
Expert shall perform all services in a manner reasonably satisfactory to City and in a manner in
conformance with the standards of quality normally observed by an entity providing such services
to a municipal agency. All services provided shall conform to all federal, state and local laws,
rules and regulations and to the best professional standards and practices. The terms and conditions
set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the
contrary:
Kirsten B. Shea("City's Representative") shall be the person to whom Expert will report
for the performance.of services hereunder-. It is understood that Expert's performance hereunder
shall be'under the supervision of City's.Representative-(or his/her designee), that Expert shall "
coordinate its services hereunder with City's Representative to the extent required by City's
Representative, and that,all performances required hereunder by Expert shall be performed to the
satisfaction of City's Representative and the City Manager.
2. "Compensation and Fees.
a., Expert's total compensation for all services performed under this -
Agreement,shall not exceed THIRTY THOUSAND DOLLARS and 00/100($30,000.00)without
the prior written authorization of City and shall be payable as set forth in Exhibit"A".
b. The above compensation shall include all costs, including,but not limited
to, all clerical, administrative,:overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence.and all related expenses.
c. A.retainer in.the amount of $5,250.00 and a Case Initiation Fee in.the
amount of$595.00 shall be required and payable upon the full execution of this Agreement.
3.. Payment.
a. As scheduled services.are completed,Expert shall submit to City an invoice
for the services completed, authorized expenses and authorized extra wOrk actually performed or
incurred..
b. All such invoices shall state the basis for the amount invoiced, including
services completed,the number of hours spent and any extra wOrk performed.
c. City will pay Expert the amount invoiced within thirty-(30) days after the
approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. . Chance Orders. No payment for extra services caused by a change in the scope
or_complexity of work, or for any other reason, shall be made unless and until such extra services
and-a.price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Representative is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work, extension of time, and/or adjustment of the compensation to be paid by.City to.Expert
and shall be signed by the City's Representative, City Manager or City Council, as applicable.
5: -Licenses. Expert represents that it and any subcontractors it may engage,possess
any and all licenses which are required understate or federal law to perform the work contemplated
by this Agreement and that Expert and its subcontractors shall maintain all appropriate licenses,
including a City of Orange business license,at its cost,during the performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,Expert
shall be an independent contractor and not an employee of City. City shall have the right to control
Expert only insofar as the result Of Expert's services rendered pursuant to this Agreement City
shall not have the-right to control the means by which Expert accomplishes services rendered.
pursuant to this Agreement. Expert shall, at its sole cost and expense, furnish all facilities,
materials and equipment .which may be required for furnishing services pursuant to this
Agreement. Expert shall be solely responsible for, and shall indemnify, defend and save City
harmless from all matters relating to the payment of its subcontractors, agents and.employees,
including compliance with social security withholding and all other wages,salaries,benefits,taxes,
exactions, and regulations of any nature whatsoever. Expert acknowledges that it and any
subcontractors, agents or employees employed by Expert shall not, under any circumstances, be
considered employees of City, and that they.shall not be entitled to any of the benefits or rights
afforded employees of City,including,but not limited to, sick leave,vacation leave,holiday pay,
Public Employees Retirement System benefits, or health, life, dental, long-term disability or
workers'compensation insurance benefits.
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7: Expert Not Agent Except.as City may specify in writing, Expert shall have no
authority, express or implied,`to act on behalf of City in any capacity whatsoever as an:agent.
Expert shall have no authority, express or implied,to bind City to any obligation whatsoever:
8.. Designated Persons. Only those qualified persons authorized by City's
Representative shall perform work provided for under this Agreement. It is understood by the
parties that clerical and other nonprofessional work may be performed by persons other than those
designated.
9. Assignment or.Subcontracting. No assignment or subcontracting by Expert of
any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting, Such assignment,or
subcontracting may:be approved by the City Manager or designee.
10.. Time of Completion. Expert shall commence the work provided for in this
Agreement within five(5)days of the Effective Date of this Agreement and diligently prosecute
completion'of the work as agreed to by and between the representatives of the parties:
11. Time Is of the Essence..Time is of the essence in this Agreement Expert shall do
all things necessary and incidental to the prosecution of Expert's work.
12. : : Confidentiality and Proprietary Information.
a. . Expert acknowledges that it will be necessary for City to disclose certain
confidential and proprietary information to Expert in order for Expert to perform its duties under
this Agreement and acknowledges that disclosure-to a third party not authorized by City or misuse
of this proprietary or confidential information would irreparably harm City:Accordingly,Expert
will not disclose or use, either during or after the term of this Agreement, any proprietary or
confidential information.of City without the,City's prior written permission except to the extent
necessary to perform the services on.City's behalf: If any confidential or proprietary information
is shared with a subcontractor or assignee, Expert.:shall ensure that these-confidentiality and,
proprietary information provisions are communicated to the subcontractor or assignee. Expert
shall be liable for any breach of these requirements.
b, Proprietary or confidential information includes,but is not limited to:
1) The written, printed, graphic, or. electronically recorded materials
furnished by City for.Expert to use;
2) Any written or tangible information stamped "confidential,"
proprietary," or with a similar legend, or any information that City makes reasonable efforts to
maintain the secrecy of, business plans or strategies, resident lists,_ operating- procedures, trade'
secrets, design formulas, know-how and processes, computer programs .and inventories,
discoveries-and improvements of any kind,:tax or revenue projections, and other financial
information; and
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3) Information belonging to customers and suppliers of City about
whom Expert gained knowledge as a result of Expert's services to City.
c. Expert acknowledges any breach or threatened breach:of confidentiality
under this. Agreement will result in irreparable harm to City for which damages would be an
inadequate remedy. Therefore, City shall be entitled to equitable relief, including an injunction,
in the event of such breach or threatened breach of confidentiality. Such equitable relief shall be
in addition to City's rights and remedies otherwise available at law.
13. Delays and Extensions of Time. Expert's sole remedy for delays outside its
control, other than those delays caused.by.City,shall be an extension of time. No matter what the
cause of the delay,Expert must document any delay and request an extension of time in writing at
the time of the delay to the satisfaction of City: Any extensions granted shall be limited to the
length of the delay outside Expert's control. If Expert believes that delays caused by City will
cause it to incur additional costs,it must specify,in writing,why the delay has caused additional
costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional
costs can be paid that exceed the not to exceed amount stated in Section 2.a,above,absent a written
amendment to this Agreement.
14. Products.of Expert. The documents, studies, evaluations, assessments, reports,.
plans, citations, materials,:manuals, technical data, logs, files, designs, photographs and other
products produced or provided by Expert for this Agreement shall become the property of City
upon receipt. Expert shall deliver allsuch products to City prior to payment for same. City may
use,reuse or otherwise utilize such products without restriction.
15. : Equal Employment Opportunity. During the performance:of this Agreement,
Expert agrees as follows:
a. Expert- shall.not discriminate against any employee or applicant for
employment because of race, color,religion,sex,national origin,mental or physical disability, or
any other basis prohibited by applicable law. Expert shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex,national origin,mental or physical disability,or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading,demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Expert agrees.to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Expert shall, in all solicitations and advertisements for employees placed
by, or on behalf of Expert; state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, mental or physical,
disability, or any other basis prohibited by applicable law.
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c. Expert shall cause the foregoing paragraphs(a).and(b).to be inserted in all
subcontracts for any work covered by this Agreement,provided that the foregoing provisions shall
not applyto subcontracts for standard commercial supplies or raw materials.
16. . Conflicts of Interest. Expert agrees that it shall not make,participate in.the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Expert knows or has reason to know that Expert,its officers,partners,or employees have
a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity;
a.. To.the fullest extent permitted:by law, Expert agrees to indemnify, defend
and hold City, its City Council and each member thereof, and the officers, officials, agents and
employees of City(collectively the"Indemnitees") entirely harmless from all liability arising out
of
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Expert's employees or Expert's subcontractor's employees
arising out of Expert's work under this Agreement,including any and all claims under any law
pertaining to Expert or its employees' status as an independent contractor and any and all claims
under Labor Code section 1720 related to the payment of prevailing wages for public works
projects; and
2) Any claim,loss,injury to or death of persons or damage to property
caused by any act,neglect,default,or omission other than a professional act or omission of Expert,
or person, firm or corporation employed.by Expert, either directly or by independent contract,.
including all damages due to loss or theft.sustained by any person, firm or corporation including
the Indemnitees, or any of them, arising out of,or in any way connected with the work or services
which are the subject of this Agreement, including injury or damage either on or off City's
property; but not for any.loss, injury, death or damage caused by the active negligence or.willful
misconduct of City. Expert,at its own expense,cost and risk,shall indemnify any and all claims,
actions, suits or other proceedings that may be brought or instituted against the Indemnitees on
any such claim or liability covered by this subparagraph, and shall pay or satisfy.any judgment
that may be rendered against the Indemnitees, or any of them, in any .action; suit or other
proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil
Code 2782.8,Expert agrees to indemnify and hold Indemnitees harmless from all liability arising
out of any claim,loss,injury to or death of persons or damage to property to the extent caused by
its negligent professional act or omission in the performance of professional services pursuant to
this Agreement;
c. . Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
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d.. The indemnities set forth in this section shall .survive any closing,
rescission,or termination of this Agreement,and shall continue to be binding and in full force and
effect in perpetuity with respect to Expert and its successors.
18. Insurance.
a. Expert shall carry workers'compensation insurance as required by law forthe
protection of its employees during the progress of the work. Expert understands that it is an
independent contractor and not entitled to any workers' compensation benefits under any City
program.
b. Expert shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater. of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Expert. Said insurance shall cover
bodily injury,death and property damage and be written on an occurrence basis.
c. Expert shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of(1) a combined single limit of
One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or
available to Expert. Said insurance shall cover bodily injury, death and property damage for all.
owned,non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligationsof Expert under this Agreement.
e. Each policy of general liability and automotive liability shall provide that
City,its officers, officials,agents, and employees are declared to be additional insureds under the
terms of the policy,but only with respect to the work performed by Expert under this Agreement.
A policy endorsement to that effect shall be provided to City along with the certificate of insurance.
In lieu of an endorsement, City will accept a copy,of the policy(ies)which evidences that.City.is
an additional insured as a contracting party. The minimum coverage required by Subsection 18.b
and c, above, shall apply to City as an additional insured.Any umbrella liability insurance that is
provided as part of the general or automobile liability minimums set forth herein shall be
maintained for the duration of the Agreement.
f.Expert shall maintain during the life of this Agreement professional liability
insurance covering errors and omissions arising out of the performance of this Agreement with a
minimum limit of One Million Dollars($1,000,000)per claim. Expert agrees to keep such policy
in force and effect for at least five(5)years from the date of completion of this Agreement.
g. The insurance policies maintained by Expert shall be primary insurance and
no insurance held or owned by City shall be:called upon to cover any loss under the policy.:Expert-
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will:determine its own needs in procurement:of insurance to cover liabilities other than as stated
above.
h. Before Expert performs any work or prepares or delivers any materials,
Expert shall:furnish certificates of insurance and endorsements, as required by City, evidencing
the aforementioned minimum insurance coverages on forms acceptable to City, which shall
provide that the insurance in force will not be canceled or allowed to lapse without at least ten(10)
days'prior written notice to City.
i.Except for professional liability insurance coverage, all insurance
maintained by Expert shall be issued by companies admitted to conduct the pertinent line of
insurance business in California.and having a rating of Grade A or better and Class VII or better
by the latest edition of Best Key Rating Guide. In the case of professional liability insurance
coverage, such coverage shall be issued by companies either licensed or admitted to conduct
business in California so long as such insurer possesses the aforementioned Best rating.
j Expert shall immediately notify City if any required insurance lapses_or is
otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case,City may procure insurance or self-insure the risk and charge Expert for such costs.
and any and all damages resulting therefrom,by way of set-off from any sums owed Expert.
k.. Expert agrees that in the event of loss due to any of the perils for which it
has agreed to provide insurance, Expert shall look solely to its insurance for recovery. Expert
hereby grants to City, on behalf of any insurer providing insurance to either Expert or City with
respect to the services of Expert herein,a waiver of any right to subrogation which any such insurer
may acquire.against City by virtue of the payment of any loss under such insurance.
1.Expert"shall include all subcontractors,if any, as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor to City for review
and approval. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
19. Termination.. City may for any reason terminate this Agreement by giving Expert
not less than five (5).days' written notice of intent'to terminate. Upon receipt of such:notice,
Expert shall immediately cease work,unless the notice from City provides otherwise. Upon the
termination of this Agreement, City shall pay Expert for services satisfactorily provided and all
allowable reimbursements incurred to the date of termination in compliance with this Agreement,
unless termination by City shall be for cause, in which event City may withhold any disputed
compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted-
accounting principles, Expert and its subcontractors shall maintain reasonably full and complete
books;documents,papers,accounting records,and other information(collectively,the"records").
pertaining to the costs of arid completion of services performed under this Agreement. City and
its authorized representatives shall have access to and the right to audit and_reproduce:any of . .
Expert's records regarding the services provided under this:Agreement. Expert shall maintain all
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such records for a period of at least three (3) years after termination or completion of this
Agreement. Expert agrees.to make available all such records for inspection or audit at its offices
during normal business hours and upon three(3) days' notice from City, and copies thereof shall
be furnished-if requested.
21. Compliance with all Laws/Immigration Laws.
a. Expert shall be knowledgeable of and comply with all local, state.and
federal laws which may apply to the performance of this Agreement.
b. Reserved.
c. Expert represents and warrants that it:
1) Has complied 'and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the 'Immigration Reform and Control Act of 1986
IRCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the term s of
this Agreement; and
3) Has properly maintained, and,shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Expert's
employees; and
4) Has responded, and shall at all times during the term of.this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by.the
Department . of Homeland Security, the :Department of Labor, or :the Social Security
Administration.
d. Expert shall require all subcontractors or subconsultants to make the same
representations and warranties as set forth in Subsection 21.c.
e.. Expert shall,upon request of City,provide a list of all employees working
under this Agreement and shall provide,to the reasonable satisfaction of City,verification that all
such employee§ are eligible to work in the United States. All costs associated with such
verification shall be borne by Expert. Once such request has been made, Expert may not change.
employees working under this Agreement without written notice to City, accompanied by the
verification required-herein for such employees.
f. • Expert shall require all subcontractors or sub-consultants to make the same
verification as set forth in Subsection 21.e.
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g. If Expert or subcontractor knowingly employs an employee providing work
under this Agreement who is not authorized to work in the United States, and/or fails to follow
federal laws to determine the status of such employee, that shall constitute a material breach of
this Agreement and maybe cause for immediate termination ofthis Agreement by City.
h. Expert agrees to indemnify and hold City, its officers, officials, agents and
employees harmless:for, of and.from any loss, including but not limited to fines, penalties and
corrective measures City may sustain by reason of Expert's failure to comply with said laws,rules
and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue;Disputes.
a. This Agreement shall be construed in accordance with and governed by the
laws of the State of California and Expert agrees to submit to the jurisdiction of California courts.
Venue for any dispute arising under this Agreement shall be in Orange County, California.
b.. If any dispute arises under this Agreement,Expert and City shall negotiate
in good faith to settle such dispute.
23 Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices, required under this
Agreement shall be in writing and delivered personally, by e-mail, or by:first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address,by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three(3)days of deposit in the U.S. Mail,whichever is earlier. Notices sent by e-
mail shall be deemed received on the.date of the e-mail transmission.
EXPERT" . CITY„
ForensisGroup,Inc. City of Orange
301 N. Lake Ave., Ste. 420 300 E. Chapman Avenue
Pasadena, CA.91101 Orange,CA 92866-1591
Attn.: Dominick Summa Attn.:Kirsten B. Shea
Telephone: (626)795-5000 xt. 146 Telephone: (714)744-5580
E-Mail: dominick@forensisgroup.com E-Mail:kshea@cityoforange.org
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25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original,but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
IN WITNESS of this Agreement, the parties have entered into:this Agreement as of the
year and day first above written.
EXPERT" CITY"
FORENSISGROUP,.INC.,a California CITY OF.ORANGE, a municipal corporation
corporation
By:Do nick Summa 11,202311:31 PST) By444
Printed Name: Thomas C.Kisela,Interim City Manager.
Title:
By APPROVED AS TO FORM_
Printed Name: Dr, "Ken4eh .A, S01i Ptah
Title Chia Foredls SGen rs+
Kirsten B.,.Shea,Sr. Assistant City Attorney
NOTE: City requires the following signature(s)on behalf of the Experts.
1)the Chairman of the Board,the President or a Vice-President,AND(2)the
Secretary, the Chief Financial Officer,the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy.of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement,must bea provided to
City.
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
ForensisGroug
301 North Lake Avenue,Suite 420,Pasadena,CA 91101-
5119 626/795-5000 TEL. 626/795-1950 FAX 800/555-5422
Toll Free)www.ForensisGroup.com
December 2,2022
Ms.Kirsten Birkedal Shea Esq.
CITY OF ORANGE
300 E Chapman Ave
Orange,CA 92886
Regarding:Gary Steele v. City of Orange
FG File No.: FG-018019
Dear Ms. Kirsten Birkedal Shea Esq.,
Thank you for contacting ForensisGroup for your expert and consulting services in connection with the matter
referred to above. This letter, together with the attached Fee Schedule and Contract Conditions (FG-05-1), will
serve to confirm the retention of the expert we have referred to you, and to set forth the terms of our agreement
with you.
We have previously shared the resume of Dr. Kenneth Solomon Ph.D., the expert we have referred to you, based
on the information you provided to us, as well as the qualifications provided and represented by the expert.
For rates and other terms and conditions of this agreement, please refer to the enclosed Fee Schedule and
Contract Conditions (FG-05-1),which constitutes a part of our agreement. By utilizing the services of
ForensisGroup, Inc. and retaining the expert we have referred,you,,as our Client, are agreeing to the rates,
terms,and conditions set forth in the attached Fee Schedule and Contract Conditions(FG-05-1).You agree
not to designate Expert in court papers until Expert's express permission is obtained.Notwithstanding lack of
execution of this Contract, you agree that commencement of work by Expert, at your direction, constitutes
retention of Expert under the terms and conditions of this Contract and ForensisGroup's Fee Schedule and
Contract Conditions (FG-05-1).
In order for Dr. Kenneth Solomon Ph.D. to initiate and proceed with work on the above-mentioned matter,we
require this document be signed and returned to our office, along with a Refundable retainer in the amount of
5,250.00 and a$595 case initiation fee.This retainer is applicable to the 1st Invoice.This retainer amount is
not an estimate of the total cost for this retention. The retainer may and often will need to be replenished during
the course of the expert's assignment. Please make all checks payable to ForensisGroup.
We are pleased to be working with you. Please do not hesitate to call whenever we can be of further assistance to
you.
Contract entered into this Friday, December 02, 2022, in the City of Pasadena, County of Los Angeles, State of
California.
Signed, f
Mercy Steenwyk Ms.Kirsten Birkedal Shea Esq.
ForensisGroup,Inc. CITY OF ORANGE
ForensisGronp
301 North Lake Avenue,Suite 420,Pasadena,CA
91101-5119 626/795-5000 TEL 626/795-1950 FAX
800/555-5422(Toll Free)www.ForensisGroup.com
Expert: Dr. Kenneth Solomon Ph.D.
ForensisGroup, Inc.'s Fee Schedule and Contract Conditions
5,200.00 Flat Fee for naming Expert without his express permission
Note nonrefundable);this policy is strictly enforced and will be assigned to the
Van Nuys Court District should litigation be deemed necessary.Expert will
also seek all collection and legal costs.
Non-Testimony work/Case 525.00 per hour for Kenneth Solomon or Babak(Bob)Malek,including
Preparation travel time.
875.00 per hour for Kenneth Solomon or Babak(Bob)Malek. Fees are due
Deposition on the same day of event before any testimony is given,retaining counsel is
responsible for any fees owed or not paid by the opposing counsel. for
deposition times.between 7:00 a.m. and 5:00 p.m.Mondays through Fridays.
1,175.00 per hour for Kenneth Solomon or Babak(Bob)Malek.Fees are
Deposition due on the same day of event before any testimony is given,retaining
counsel is responsible for any fees owed or not paid by the opposing
counsel.for all other times.
A minimum notice of ten working days is required to set a deposition.
Depositions are set on a first-come basis,thereafter.To better accommodate
Note all scheduling,Dr. Solomon requests that all depositions occur in his
Woodland Hills Offices,if feasible."That portion of the Fee that is not paid
at the conclusion of the Deposition,must be paid within five(5)days
following the deposition.
875.00 per hour for Kenneth Solomon and Babak(Bob)Malek.Estimated
fees for reserved time are prepaid at least one week prior to scheduled event,
Testimony any difference in estimated time and actual time spent will be invoiced
immediately and shall be due and payable upon receipt.;Any and all
outstanding invoices must be fully paid before any testimony is to be
provided.
Retainer
5,250.00 for civil cases initial refundable retainer will be required in
advance,prior to initiation of any services,applicable to the first invoice.
Retainer
10,500.00 for criminal cases initial refundable retainer will be required in
advance,prior to initiation of any services,applicable to the first invoice.
The Following Information Should be Included When Nominating Expert
in accordance with CCP 2034:
Note Kenneth Alvin Solomon,Ph.D.,P.E.,Post Ph.D.has agreed to testify in the
following disciplines: accident reconstruction,bio-mechanics,and human
factors."
2 FG File#:FG-018019 FG-05-1
ForensisGroup®
301 North Lake Avenue,Suite 420,Pasadena,CA
91101-5119 626/795-5000 TEL 626/795-1950 FAX
800/555-5422 Roil Free)www.ForensisGroup.com
Expert: Dr. Kenneth Solomon Ph.D.
ForensisGroup, Inc.'s Fee Schedule and Contract Conditions
Note Attorney shall not name Expert without Express Permission of Kenneth
A. Solomon,Chief Scientist.
PLUS air travel,meals,accommodations,ground transportation,travel time, and other related expenses to be
billed.
1. The Expert may require a deposit into the Retainer before continuing any services.
2. A case initiation fee of$595.00 payable to FGI is required and reflected on the first invoice.
3. Client agrees not to designate Expert in court papers until Expert's express permission is obtained. Notwithstanding lack of
execution of this Contract,Client agrees that commencement of work by Expert,at Client's direction,constitutes retention of Expert
under the terms and conditions of this Contract.
4. Time billed to Client shall include all time Expert spends on Client's behalf,which includes but is not limited to consultation,
meetings, site inspections, case review, document review, investigations,research,travel,report preparation,and other customary
case-related preparations. Charges for depositions, arbitrations and court appearances shall include waiting time at the established
rates for these events that are set forth above.FGI reserves the right to modify Expert's fees upon reasonable notice.
5. All out-of-pocket expenses incurred by Expert(including but not limited to film,reproduction,long distance telephone,fax and
similar reimbursable costs) plus laboratory, videotaping, destructive testing, data processing, and other similar expenses shall be
charged at cost plus 15%.
6. All invoices to Client are due and payable to FGI upon presentation.In the event of unpaid invoices,FGI and Expert each reserve
the right to cease work, regardless of the stage of completion of work or the imminence of deposition, trial or arbitration.
Responsibility for all payments rests solely with Client;by retaining Expert,Client acknowledges that Client is responsible for all
fees and costs incurred. Of importance,Client retaining expert bears responsibility for invoiced differences between actual time and
fee schedule minimum charge time with regard to opposing counsel deposition fees.
7. It is further agreed and understood that all accounts or monies due ForensisGroup,Inc.shall be due and payable at its office in
Pasadena,California within thirty(30)days of installation;that all past due accounts,notes or judgments shall bear interest from the
date the indebtedness is first incurred until paid at the maximum rate allowed by law.If the accounts or notes are placed with a third
party for collection,then the debtor and his guarantors, if any, are liable for reasonable attorney's fees and all reasonable costs
incurred in the collection of the indebtedness.
8. All Experts referred by FGI are independent contractors and not employees of FGI. FGI assumes no responsibility for the
accuracy of the information provided by Expert,including but not limited to changes that may occur after Client's retention of Expert,
and/or changes occurring after the delivery of Expert's information to FGI or Client.Prior to retaining Expert,Client shall undertake
a review of Expert's qualifications,background,reputation,credentials,experience,availability,potential conflicts of interest,and
other relevant information,in order for Client to satisfy itself that Expert is qualified and available to perform the work required by
Client.
9. FGI makes no guarantee regarding the results of any matter for which Expert has been hired, and assumes no liability for
services rendered under this Contract,including but not limited to Expert's opinions and testimony.In no event shall FGI be held
liable for consequential damages,including but not limited to loss of earnings,loss of profits,loss of interests,or any other special,
indirect,or consequential damage,however caused.In no event shall the liability of FGI exceed the total amount of fees paid to
FGI in connection with Expert's retention.FGI further assumes no responsibility for Expert's loss of,spoliation of,or failure to
return any evidence or records to the appropriate recipient.
10.Client agrees that its own client(e.g.,a party litigant)is not a third-party beneficiary of this Contract.
11.Client shall not attempt to retain,hire,or make a referral of any Expert referred by FGI,other than by contacting FGI.
12.Neither FGI nor Expert shall be liable to Client for failure to perform any obligation under this Contract or in connection with
the Expert retention, during any period in which performance is delayed or rendered impracticable or impossible due to
3 FG File#:FG-018019 FG-05-1
ForensisGroup®
301 North Lake Avenue,Suite 420,Pasadena,CA
91101-5119 626/795-5000 TEL 626/795-1950 FAX
800/555-5422 Roil Free)www.ForensisGroup.com
Expert: Dr. Kenneth Solomon Ph.D.
ForensisGroup, Inc.'s Fee Schedule and Contract Conditions
circumstances beyond FGI's or Expert's reasonable control.If, in the event of emergency or other causes,Expert shall become
unavailable,FGI will notify Client immediately and will extend its best efforts to refer another expert of comparable qualifications,
according to FGI's full discretion.
13.Any controversy arising out of or relating to this Contract shall be determined by arbitration taking place in Los Angeles,
California, in accordance with the rules of the American Arbitration Association, pursuant to the provisions of the Federal
Arbitration Act.Any award rendered therein shall be final and binding on each of the parties thereto,and judgment on the arbitration
award may be entered in any court having jurisdiction.Client consents to the jurisdiction of the AAA and venue in Los Angeles,
California,as well as the courts of the State of California(with respect to the confirmation of or entry of a judgment made pursuant
to any arbitration award rendered under this Contract).The prevailing party in any legal action,litigation,or arbitration arising out
of or related to this Contract shall be entitled to recover from the losing party its reasonable costs,including attorney's fees.
Z. /
Ms.Kirsten Birkedal Shea Esq. Date
CITY OF ORANGE
4 FG File#:FG-018019 FG-05-1
ForensisGronp
301 North Lake Avenue,Suite 420,Pasadena,CA
91101-5119 626/795-5000 TEL 626/795-1950 FAX
800/555-5422(Toll Free)www.ForensisGroup.com
Expert: Dr. Kenneth Solomon Ph.D.
ForensisGroup, Inc.'s Fee Schedule and Contract Conditions
December 2, 2022
To: Kirsten Birkedal Shea Esq.
CITY OF ORANGE
300 E Chapman Ave
Orange, CA 92886
Regarding: Gary Steele v. City of Orange
FG File No.: FG-018019
Dear Ms. Kirsten Birkedal Shea Esq.,
For your records, below please find contact information for expert Dr. Kenneth Solomon Ph.D..
Please forward all pertinent documents for review on the above referenced case directly to
the address reflected below.
Dr. Kenneth Solomon Ph.D.
Laboratory of Risk and Safety Analyses
5324 Canoga Ave.
Woodland Hills, CA 91364
949) 689-5439
kennethsolomon@mac.com
Please feel free to contact us at (626) 795-5000 if we may further assist you regarding this matter.
Thank you.
Sincerely,
Dominick Summa
5 FG File#:FG-018019 FG-05-1