HomeMy WebLinkAboutAG 12-159DATE 1N: DATE OUT: � TO:
CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRAC'T PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1. ORIGINATING DEPT./DIV: FEDERAL WAY POLICE DEPARTMENT
2. ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ. BY: .�Sar
4. TYPE OF DOCUMENT REQUESTED (CHECK ONE)
X PROFESSIONAL SERVICE AGREEMENT
❑ MAINTENANCE/LABORAGREEMENT
❑ PUBLIC WORKS CONTRACT
❑ SMALL PUBLIC WORKS CONTRACT
(LESS THAN $200,000)
❑ PURCHASE AGREEMENT>
(MATERIALS, SUPPLIES, EQUIPMENT)
❑ REAL ESTATE DOCUMENT
❑ SECURITY DOCUMENT (E.G. AGt�EMErrr �
PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
❑ CONTRACTOR SELECTION DOCUMENT
(E.G., RFB> RFP. RFQ)
� CONTRACT AMENDMENT AG#;
❑ CDBG
❑ OTHER
5. PROJECT NAME �� ne �-e�"��"� ��-�'o�::� Litigation
Consultin� and Exqert Witness Services
6. NAME OF CONTRACTOR: ��r r � ne �QY �DYa�11
ADDRESS: � TELEPHONE
SIGNATURE NAME: TITLE
7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE oF SExvICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT
❑ INSURANCE CERTIFICATE ❑ DOCUMENT AUTHORIZING SIGNATURE
8. TERM: COMMENCEMENT DATE: SIGNATURE DATE COMPLETION DATE: UNKNOWN
9. TOTAL COMPENSATION: DiFFE�rtT Fox Vaiuous ITEMs
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: � CONTRACTOR O CITY
1 O. CONTRACT REVIEW
❑ PROJECT MANAGER
� DIRECTOR
❑ RISK MANAGEMENT
❑ LAW
11.
INITIAL/DATE APPROVED
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INITIAL/DATE APPROVED
- � lrh id N Jtl�
CONTRACT SIGNATURE ROUTING INITIAL/DATE APPR VED INITIAL/DATE APPROVED
0 LAW DEPARTMENT � L�- � �" �
❑ °�� .�� ^ �'� AIQECr�-
❑ CITY CLERK C�Y1 i2-12�I Z
❑ SIGN COPY BACK TO ORGINATING DEPT. � Z- I 2—' 7 _
❑ ASSIGNED AG# � Z���� �q
❑ PURCHASING: PLEASE CHARGE TO: ,�i' � I OO" U`� '�Z I� � O� �-�,,�
COMMENTS:
10/09/02
FEE SCHEDULE AND AGREEMENT FOR LITIGATION
CONSULTING AND EXPERT WITNESS SERVICES
THIS AGREEMENT ("Agreement") is made between The Peregrine Corporation (hereinafter
"Peregrine") and City of Federal Way (hereinafter "Attorney"), for the retention of Peregrine
and the services of Peregrine's employee Emanuel Kapelsohn (hereinafter "ConsultanY') in the
matter of Police Shooting Review. Attorney's obligation to pay Peregrine under this Agreement
is not dependent, conditioned or contingent upon payment or reimbursement of funds to Attorney
by the City of Federal Way, any insurer, or any other entity, nor upon the substance, conclusions,
results or effects of Peregrine's or Consultant's opinions, reports, advice, recommendations or
testimony, nor upon the verdict, decision, judgment, settlement or other outcome or result
obtained in any trial, arbitration, mediation, hearing, case or settlement.
Retainer and Minimum Pavment: No retainer is required in this matter. Time spent and
expenses incurred in this matter by Peregrine which are requested by Attorney and performed
prior to receipt of retainer or execution or return of this Agreement are chargeable to Attorney
pursuant to this Agreement.
Billin : Bills will be submitted from time to time throughout the course of the work, and are
payable upon receipt. Overdue payment will constitute cause for cessation of work, termination
of this Agreement, withholding of reports or other work product, retention of files or other
materials or things, refusal to testify at deposition or trial, and/or demand for additional retainer.
Interest will be chaxged on amounts not paid within forty-five (45) days of the date billed at 1.5%
per month or portion thereof (18% per annum) on the unpaid balance from the date billed.
Preparation Time: including but not limited to research, correspondence, telephone calls,
writing of reports and memoranda, inspection and testing services, preparation of e�ibits,
meetings, local travel time, waiting time prior to testifying if incurred on a different day than the
actual testimony, case intake and file set-up, case administration, billing, collection, etc.
............................................................................. $295.00 per hour
Travel Time: portal to portal, for all non-local travel (travel in excess of three hours, portal to
portal, each way). Unless otherwise agreed in advance, a minimum of eight (8) hours of travel
time will be charged for each day of out-of-town travel requiring Consultant's absence from his
office for the entire business day. On travel days on which preparation time is also expended,
the preparation time will be charged at the Preparation Time rate (see above), and the time spent
will reduce the above 8-hour travel time minimum. Travel on weekends will be billed at actual
portal to portal time, with no minimum. Notwithstanding the foregoing, it is agreed that
travel time in this matter will be capped at a maximum of 7.5 hours (seven and one-half
hours) each way for travel between Consultant's office in Pennsylvania and Federal Way,
Washington.
.................................................................. $200.00 per hour
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Depositions: for time spent giving deposition testimony. (Note: daily deposition charge does not
include travel time incurred on a different day than the deposition, or work or travel on the same
day in excess of 10 hours total, which will be charged additionally at the applicable rates.)
Peregrine reserves the right to request advance payment of one day's deposition fee, to be
received by Peregrine before scheduling time for or embarking on travel for deposition.
........ $2,950 per day or part
Courtroom Time Charge: for time spent attending or testifying before courts or other judicial
or administrative tribunals, government bodies, committees, hearings, arbitrations, mediations,
etc. The daily charge for such appeaxance is payable if Consultant arrives to testify at Attorney's
request, even if Consultant is not ultimately called or permitted to testify. (Note: Daily
courtroom time charge does not include travel time incurred on a different day than the
courtroom time, or work or travel on same day in excess of 10 hours total, which will be charged
additionally at the applicable rates.) Peregrine reserves the right to request advance payment of
one day's courtroom time charge, to be received by Peregrine before scheduling time for or
embarking on travel for testimony. ................ $2,950 per day or part
Expenses: In addition to the above fees, Attorney will promptly reimburse Peregrine for all
reasonable expenses, including but not limited to costs of transportation, food and lodging while
traveling, telephone f�, postage, courier service, photocopying (at $0.15 per page for black and
white, or $0.50 per page for color copies, to include printer-made copies of lengthy materials
emailed to Peregrine), photography, mileage (at the rate of $0.50 per mile or the prevailing IRS
rate, if higher), parking, tolls, costs of obtaining reports, transcripts, books, research materials
and supplies used in testing, etc. Clerical or paraprofessional time spent in research or
preparation of unusua.11y lengthy reports, studies, research, etc. may be billed at the greater of
$35.00 per hour or direct out-of-pocket cost plus twenty percent (20%), unless otherwise agreed.
Telephone calls and fax transmissions may be charged at $4.00 each (including for incoming as
well as outgoing cellular phone calls) in lieu of compiling and billing the actual charges, unless
agreed otherwise in advance. Receipts may not be provided for out-of-pocket expense items of
less than $25.00 unless otherwise agreed in advance. Advances against unusually large expenses
may be requested from time to time.
Rate Chanses: The hourly and daily rates quoted in this Agreement, and the standard charges
for f�, telephone and clerical/paraprofessional time, will remain as quoted in this Agreement for
a period of not less than one (1) year from the start of work. Thereafter, such rates may be
increased by Peregrine from time to time, and Attorney shall be liable for payment at the rates
prevailing at the time the services are provided and/or expenses incurred.
Cancellation Charges: Unless otherwise agreed, in the event Attorney schedules Deposition
Time or Courtroom Time and that appearance by Consultant is then cancelled or rescheduled,
whether by or at the request of Attorney, opposing counsel, the court or other tribunal, or any
other entity whatsoever, Attorney shall pay Peregrine $500.00 per day scheduled if canceled or
900200.00001 /50051117v3
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with regard to the standards, scope, quality or nature of the services, preparation, advice,
opinions, judgments, reports, recommendations and/or testimony rendered, and to hold Peregrine
(as collectively defined herein) harmless therefrom. In the event Attorney or Attorney's
municipal entity bring legal action (including arbitration) against Peregrine with regard or
pursuant to this Agreement or its subject matter, Attorney agrees that Attorney will be liable for
all fees, costs and expenses, including attorneys fees, reasonably incurred by Peregrine in
defense of the action, in the event and to the extent that Peregrine is the prevailing party, whether
by settlement, litigation, arbitration or otherwise. Attorney hereby represents and warrants
that it has advised its Municipal Entity, obtained that entity's agreement hereto, and has
been authorized by that entity to bind it, as well as Attorney, to the terms of this Liability
Waiver and Hold Harmless Clause.
Signature indicating this clause has been read and accepted by Attorney:
J . �✓�/lti-, Ch � /til
Qualification of Consultant as Expert: Peregrine and Consultant do not aranty or represent
that the Court or other authority will qualify Consultant as an expert, or permit Consultant to
offer expert opinions or other testimony on any subject. Attorney agrees it is Attorney's
responsibility to use his own judgment to determine whether Consultant is sufficiently qualified
for Attorney's intended purposes. Peregrine and Consultant will fairly and accurately represent
Consultant's education, experience and qualifications to Attorney in this regard, but otherwise
have no liability in this respect.
Confidentialitv: Peregrine agrees to hold all non-public information obtained from Attorney or
its Municipal Entity, or other sources in its work on this case, as confidential, and agrees not to
disclose such information without the prior consent of Attorney unless required or compelled to
disclose the information by operation of law or applicable governmenta.l authority.
Availabilitv and Appearance to Testifv/Force Maieure: Peregrine and Consultant will make
reasonable efforts to make Consultant available when needed for depositions, trial testimony, and
other appearances and work. However, Attorney understands and accepts that Consultant's
schedule is busy, Consultant has obligations and responsibilities other than under this Agreement
(and also other than to Peregrine), and that there axe scheduling conflicts and obligations which
will make Consultant unavailable on particular dates or during particular time periods.
Consultant's unavailability to work or appear on a particular date(s) or during a particular time
period, or Consultant's inability to appear due to unavailability of transportation, transportation
scheduling problems, cancellations, delays or other problems, extreme weather conditions, or
causes beyond consultant's reasonable control (including but not limited to Consultant's illness
900200.00001/50051117v3
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rescheduled less than 48 hours prior to Consultant's planned departure from his home/office for
said appearance .
Cost of Collecting Unaaid Bills: If, in Peregrine's sole discretion, it becomes necessary to
institute legal proceedings or take other action for the purpose of obtaining payment, Attorney
agrees that Attorney will be liable for all fees, costs and expenses reasonably incurred by
Peregrine for the purpose of securing payment, including but not limited to fees paid to
collection agencies, process servers, attorneys, investigators and arbitrators, court costs and/or
arbitration fees, filing and subpoena fees, transcript charges, witness fees and expenses, sheriff's
charges for serving process, levying on property and executing judgments, and all other
reasonable fees, charges and expenses, including Consultant's time and Peregrine's expenses at
the rates provided in this Agreement, plus interest on such amounts from the dates incurred or
paid, at the rates specified above.
Default bv Attornev: In the event of any Act of Default by Attorney, Peregrine shall have the
right to exercise any remedy provided in this Agreement (which shall be deemed non-exclusive)
and/or any remedy provided by law, against Attorney or the City of Federal Way (hereinafter,
the "Municipal Entity"). Acts of Default shall include, but shall not be limited to, overdue
payment or non-payment, failure of Attorney or Attorney's employees, representatives, agents,
servants, successors or assigns (hereinafter, "Related Parties") reasonably to cooperate with
Peregrine, any illegal or unethical act of Attorney or Attorney's Related Parties with regard to
Peregrine's engagement (including any attempt, request or suggestion that Peregrine or
Consultant engage in any illegal or unethical act). Acts of Default shall also include any act,
status or condition that reasonably causes Peregrine to have concern regarding the solvency or
iinancial condition of Attorney or its Municipal Entity, including but not limited to either
Attorney or Attorney's municipal entity filing bankruptcy, making an assignxnent for the benefit
of creditors, having a receiver appointed for their business or assets, or their apparent or reported
failure or inability to pay their bills and obligations when due, in which case Peregrine may, in
addition to any other remedies provided herein or provided by law, require the payment by
Attorney of additional retainer sufficient to guarantee payment in full for Peregrine's services
and expenses, and/or payment in advance for services and expenses rendered hereunder.
Liabilitv Waiver and Hold Harmless Clause: Whereas the parties hereto recognize that the
nature of this consulting is such as to be subject to varying and conflicting professional opinions,
standards and judgments, and whereas the nature of this consulting is such that it is often
difficult or impossible to foresee and prepare for all eventualities, and whereas Peregrine is
unwilling to provide the services hereby contracted for if it or its Consultant will be subject to
claims for professional malpractice, errors and omissions, negligence, misrepresentation, breach
of contract, infliction of emotional distress, or any similar claims (collectively, "claims"),
Attorney agrees, on behalf of both Attorney and Attorney's Municipal Entity and their
Related Parties, to waive any and all claims against Peregrine, the Consultant, and/or their
principals, officers, directors, agents, servants or employees (collectively, "Peregrine"),
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or the illness or death of a member of Consultant's family), will not and do not constitute a
breach of this Agreement. This Agreement may also be declared terminated and the duties and
Peregrine and Consultant under this Agreement extended, satisfied, or nullified, in the event,
among other things, of the occurrence of earthquake, hurricane, tornado, flooding, snow, fire, act
of war, act of terrorism, act of God and/or other acts or events typically constituting force
majeure, labor strike, power failure, act(s) of government or regulatory agencies thereof, act(s) of
civil unrest such as rioting and/or looting, declaration of martial law, serious illness, death in
Consultant's immediate family, or other events, occurrences or conditions beyond the
contemplation of the parties and/or beyond the reasonable control of either party hereto.
Termination: This Agreement may be terminated by either party upon written or oral notice at
any time for any reason. Upon such termination, Attorney shall immediately pay all fees and
expenses then due and owing pursuant to this Agreement upon receipt of a bill from Peregrine
and, andlor Peregrine shall refund any retainer or other credit balance to Attorney then being
held on Attorney's account. Peregrine may terminate this Agreement immediately upon written
notice to Attorney if payments are not made within thirty (30) days after billing is mailed, or if
initial retainer, or any subsequently requested retainer permitted by this Agreement, is not
received in a timely manner. Peregrine may require that outstanding bills be paid, estimated time
and expenses be paid in advance, the retainer amount be replenished, or additional retainer as
provided above be received, prior to embarking for or testifying at deposition or trial, and failure
of Attorney to comply with Peregrine's requests pursuant to this Agreement will constitute cause
for termination and/or refusal to embark or testify: Peregrine may also terminate this Agreement
if Consultant determines, in his sole discretion, that material facts of the case are not as originally
represented to Consultant, if material facts or information are withheld from Consultant by
Attorney or its Related Parties or others within their control, upon failure of Attorney, Attorney's
Municipal Entity, or others within their control to cooperate with Consultant or comply with his
reasonable requests, or for good cause, ethical considerations, lack of an effective working
relationship with Attorney or Attorney's Municipal Entity, or any other reason required or
permitted by law. Termination of this Agreement by Peregrine does not relieve Attorney in any
way from Attorney's obligation to pay for services theretofore rendered or expenses theretofore
incurred.
No Waiver Of Provisions: Any failure of Peregrine strictly to enforce any provision of this
Agreement in one or more than one instance, or acceptance by Peregrine of non-conforming
performance by Attorney or others, shall not operate as a waiver of such provision, nor as an
acceptance of non-conforming performance in any other instance, nor shall it serve to prevent
Peregrine from enforcing said provision or demanding proper perfortnance thereafter.
Payment for Denositions: As an accommodation to Attorney, Peregrine may (but is not
required to) agree, at Attorney's request, to bill or look in the first instance to opposing counsel
for payment of deposition charges, related travel and other charges and expenses, cost of copying
documents requested by opposing counsel, etc. in jurisdictions where the opposing party is
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required to pay such fees and charges. Such accommodation shall not relieve Attarney of
primary Iiability to pay such charges pursuant to this Agreement. Peregrine reserves the right to
seek and obtain payment from Attorney at any time, such accommodation or local procedural
rule or other rules of Court notwithstanding.
Law of PennsvlvanialArbitration in Pennsvlvania: The parties agree that any dispute or claim
arising under or with regard to, or action brought to enforce the provisions, or to determine the
validity or effect, of this Agreement shali be resolved by arbitration in Lehigh County,
Pennsyivania before a single impartial arbitrator in matters where the amount at issue is less than
$25,000, and before a board of three (3) impartial arbitrators if the amount at issue is $25,004 or
greater , unless a different procedure is agreed upon in writing by both parties hereto. Either
party may initiate arbitration by delivering a Demand for Arbitration and/or Complaint in
Arbitration to the other party. In the event the parties are unable to agree on the selection of the
arbitrator(s), either party may petition the President Judge of the Court of Common Pleas of
Lehigh County, Pennsylvania to select the impartial arbitrator(s), who shall be an
attorney/attorneys, licensed and practicing law in Pennsylvania for not less than ten (10) years, or
a retired judge who previously presided in Pennsylvania. The procedures to be followed in the
arbitration, including discovery procedures if any, shall be determined by the arbitrator. The
parties agree that the decision and award of such arbitrator shall be final and binding upon them,
and enforceable in any court of eompetent jurisdiction. In the event Peregrine is the prevailing
party in an arbitration to collect unpaid bills, the arbitrator's award shall include the arbitration
costs and fees as provided in the "Cost of Collecting Unpaid Bills" section of this Agreement. In
other cases, the arbitrator may, in his discretion, awarci arbitration costs and/or fees, or allocate
them between the parties, as he deems appropriate. The parties agree to submit themselves to
personal juriscliction in Lehigh County, Pennsylvania, both for such arbitration and for
enforcement of any awaxd or judgment rendered.
Assi�nabilitv of A�reement: The parties agree that this Agreement is for the personal services
of Emanuel Kapelsohn as the Consultant, and therefore is assignable by Peregrine only if the
work will continue to be performed by Emanuel Kapelsohn after the assignment is made. The
parties further agree that this Agreement may be assigned by Attorney only upon Peregrine's
consent, which consent sha1l not unreasonably be withheld. Any assignment by Attorney shall
not require Peregrine or Cansultant to serve as consultant or expert witness for or against any
party or position not already contemplated by this original Agreement, unless Consultant, in his
sole discretion (reasonable or unreasonable), shall so agree in advance of the assignment. In the
event the Agreement is to be assigned by Attorney, Peregrine may require the assignee to
execute a new agreement (on substantially similar terms) and pay a new retainer, which retainer
amount shall be commercially reasonable under all of the circumstances, but which amount may,
if reasonable, exceed the retainer amount required by this ariginal Agreement. Whether or not a
new agreernent is executed, Peregrine may require payments on the matter to be brought current
by the original Attorney andlor the assignee, and non-payrnent of any amounts due on the matter
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shall constitute cause for Peregrine's termination of work, withholding of work product, refusal
to issue reports or provide testimony, and/or avail itself of any other remedies provided by law or
by the terms of this Agreement or any subsequent agreement entered into between Peregrine and
assignee.
Engagement of Consultant, Not Attornev: As Attorney and/or Attorney's Municipal Entity
may be aware or may become aware, in addition to being a firearms consultant, Consultant is
also a practicing attorney, admitted and/or licensed to practice law in several jurisdictions.
Attorney understands and agrees that Peregrine and its employee, Consultant, will be working in
this matter solely in the capacity of a consultant and/or expert witness, and not as an attorney.
Attorney and Attorney's Municipal Entity will not seek, and Consultant will not render, legal
advice or legal representation to Attorney or Attorney's Municipal Entity in this or any other
matter, and Attorney's Municipal Entity will look solely to its own attorney(s) of its choosing,
and not to Peregrine or Consultant, for legal advice and legal representation. Attorney and
Attorney's Municipal Entity understand and agree that the law firm at which Consultant
practices law shall have no involvement in, nor any responsibility or liability for, Peregrine's or
Consultant's work in this matter. Attorney agrees to explain this provision to his/her
Municipal Entity and to secure that entity's understanding and agreement to the terms
hereof before proceeding to utilize the services of Peregrine and Consultant. The provisions
of this section shall be effective, notwithstanding the fact that Attorney or Attorney's Municipal
Entity may, from time to time, communicate with or receive communications from Consultant,
whether by telephone, fax, email, mail, in person or otherwise, at the law office at which
Consultant also practices law.
Cross-Default Provision: If Peregrine has any other contract with Attorney or Attorney's
client, regardless of whether such other contract was entered into before, simultaneously with, or
after the execution of this Agreement, the parties to this Agreement hereby agree that any default
under such other contract will constitute a default under this Agreement, whether the other
contract is with Attorney or Attorney's client, as a result of which Peregrine may exercise any or
all of its remedies for default under this Agreement, including but not limited to Peregrine's
cessation of work, withholding of reports or other work product, retention of files or other
materials or things, refusal to testify at deposition or trial, demand for additional retainer,
demand for interest on late payments, exercise of its remedies under the sections hereof entitled
"Cost of Collecting Unpaid Bills," "Termination," and "Law of Pennsylvania/Arbitration in
Pennsylvania," and any and all other remedies provided by this Agreement or such other
contract(s), or permitted by applicable law. The parties hereto further agree that this Cross-
Default Provision shall hereby be deemed incorporated in and made a part of any other
contract(s) between Peregrine and Attorney or Attorney's client, amending and/or modifying
such other contract(s) as may be necessary for that purpose, effective as of the date of execution
of such other contract(s), regardless of when such other contract(s) were, are or may in the future
be executed, except for future contracts which include language explicitly disclaiming inclusion
of this Cross-Default Provision. The parties hereto expressly declare that the consideration for
the incorporation of this Cross-Default Provision into such other contract(s) is, in part,
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Peregrine's and Consultant's agreement to enter into this present Agreement.
Total Agreement/Written Change Repuired: This Agreement constitutes the entire agreement
between the parties, and can not be changed, modified, supplemented or amended except in
writing signed by both parties.
WHEREFORE, expressly intending to be legally bound, the undersigned parties set their hands
and seals.
THE PEREGRINE CORPORATION: ATTORNEY:
:
Print: Federal Way Police Department
(signature) /'
By:* "�
Title: Brian . ilson, Chief of Police
Date:
Date: /a��d�/2
* If "ATTORNEY" is a law firm, corporation, business, partnership, association, governmental
or other entity, the individual signing this Agreement represents that he or she is duly authorized,
and has the necessary authority to execute this Agreement, and has the power by so doing to bind
said entity to the terms and conditions hereof. Attorney further represents that any necessary
corporate, governmental or other resolution, or any other document required to authorize this
Agreement or Attorney's execution hereof, has been duly executed.
Notice: The Agreement should have attached to it a one-page document entitled "Notice to
Prospective Clients." Please contact Consultant before proceeding if this notice is not attached.
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Peregrine's and Consultant's agreement to enter into this present Agreemen�
Total A�reementlWritten Change Required: This Agre.ement constitutes the entire agreement
between the parties, end can not be changed, modified, supplemented or amended except in
writing signed by both parties.
WHEREFORE, expressly intending to be lega�ly bound, the undersigned parties set their hands
�and seals.
THE GRINE CORPORATION:
By:
(signature)
re
T;tle: �'�� t t��iT'
flate: l i1 1 Z—
ATTORNEY:
Print: Federal Wav Poiice Dep,artment
/`�.
By:*
Brian . ilson, Clue€ of Police
Date: /��+��J01 �
* If "ATTORNEY" is a law firm, corporation, husiness, partnership, association, governm�ntal
ar other entity, the individual signing this Agreement represents that he or she is duly authorized,
and has thc necessary authority to execute this Agreement, and has the power by so daing to bind
said entity to the terms and conditions hereof. Attorney further represents that any necessary
cor�rate, governmenta[ or other resolution, or any other document required to authorize this
Agreement or Attorney's execution hereof, has been duly executed.
No_ tice: The Agreernent shoutd ha.ve attaehed to it a one-pagc documeat entitled "Noticc to
Prospective Clients." Plesse contact Consultant before procaeding if this notice is not attached.
900200.0000! /SU05 l I l Tv3
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NOTICE TO PROSPECTIVE CLIENTS
It has come to our attention that some attorneys make a practice of disclosing the names
of experts to their opponents or to the courts without having retained — or in some cases even
contacted — the experts so named. This has happened to me in at least three cases of which I
have become aware. In two of those cases, I had not even been contacted by counsel. In the
third case, I had been contacted but not retained.
Please be advised that you are not permitted to provide my name as your expert, whether to
opposing counsel or to the court, tribunal, arbitrators, mediators, or anyone else, until: (1) The
Peregrine Corporation has agreed to take the case; (2) your firm and The Peregrine Corporation
have both executed a written engagement agreement, of which both parties have copies; and (3)
your iirm has paid the required retainer.
Any deviation from the above may lead to professional embarrassment, conflicts of interest,
professional disciplinary sanctions and, in extreme cases, legal action against you and your client
by The Peregrine Corporation, your own client, or others. It may also damage your case to
disclose me as an expert in a matter I have not yet reviewed, in which my opinion may ultimately
be contrary to your client's interests or position.
We regret having to give this notice to all prospective clients. It is unnecessary in the
vast majority of cases, including, I trust, this one.
Emanuel Kapelsohn
President, The Peregrine Corporation
900200.00001/50051117v3
