RETAINER AGREEMENT:

 

ESTIMATES: PI#28191 provides a written estimate detailing proposed investigative services and fees. Estimates provided, unless otherwise specified in writing, are not maximum, minimum, or fixed quotes. The ultimate cost of investigative services may exceed estimated costs. All work estimates are considered “Privileged”, unless working directly for a private party. CLIENT must sign and return the written estimate acknowledging s/he agrees and approves all investigative work described. 

 

INVESTIGATIVE RATES: The Standard Investigative Rate (DEFINV) is $95.00 p/h. Hourly Driving Rate (DRIVING) is $50.00 p/h. Mileage Reimbursement (MILEAGE) at $0.575 p/m (IRS 2020). All services are billed in five (5) minute increments. Client Consultation Rate (CONSULTATION) is $125.00 for a one (1) hour consult. Travel and mileage is included for consultation within Orange County, CA. Standard travel and mileage rates apply for consultation outside Orange County, CA. Consultations that exceed one (1) hour will be billed at the DEFINV rate. Surveillance Rate (SURVEIL) is billed at $150.00 per hour, per investigator, with a three (3) hour minimum per day. Investigative Reports (BCKGRNRPT) are billed at $150.00 flat fee. Domestic Business Reports (BUSSEARCH) are billed at $150.00 flat fee. Contact Reports (CTRPT) are billed at $85.00 flat fee. Reverse Phone Number Reports (RVPHNSRCH) are billed at $75.00 flat fee. Services performed on Holidays (Federal and State recognized) billed at twice (2x) standard investigative and surveillance rates. CLIENT agrees to compensate PI#28191 for any "on call" court appearances (CRTAPPEAR) or depositions, whether under order of subpoena or not and regardless of the party requesting the appearance at the prevailing rates. If courtroom testimony or deposition regarding this matter or any matter related to this investigation is required, PI#28191 will charge $95.00 p/h plus expenses (travel, mileage, parking, tolls) with a three (3) hour minimum charge per diem. All fees for court appearances due in advance. Work to be done on an expedited bases, i.e. within twenty-four (24) hours of the request, require an Expedite Fee (EXPEDITE) of $250.00. PELICAN RESEARCH is not responsible for court delays, continuances, or cancellations. Written notice of cancellation required prior to twenty-four (24) hours of scheduled event; otherwise CLIENT responsible for minimum three (3) hour charge including expedite fee.

 

INVOICES: PI#28191 provides CLIENT privileged electronic invoices that describe the services rendered including the amount, rate, and basis for calculation or other method of determination of fees and costs due or billed against the RETAINER FEE. Should the services billed exceed the amount provided in the RETAINER FEE received, an invoice will be sent electronically to CLIENT and is due upon receipt. All billing questions must be submitted in writing within five (5) business days of receipt. Arrangements for payment on an extended or deferred basis must be made in advance. Failure to timely pay an invoice within fifteen (15) days will result in the assessment of a 15% late fee on the past due amount and CLIENT will be billed for any time associated with the follow-up on past-due invoices.

 

RETAINER REFILL: CLIENT understands retainers may require refill. If a refill is required, PI#28191 will provide an estimate detailing the additional work necessary to complete investigation. CLIENT must sign and return the estimate acknowledging s/he approves additional work and retainer amount.

 

FEES: CLIENT agrees to reimburse all fees related to investigative services. These include, but are not limited to bank fees, attorney service, court fees, research and analysis, process service, interpreters, transcription, certified postage, overnight shipment (USPS, UPS, FEDEX), mileage, parking, toll roads, lodging and food allowances (per diem rate). A 3.40% rate and $0.25 fee per transaction is assessed to credit cards and debit cards (including PINless transactions) and ACH electronic transfers are assessed a $0.50 fee per transaction. If CLIENT's check is not honored for any reason, the CLIENT will pay all bank expenses incurred.

 

MEALS / LODGING: 2020 Per Diem Meals, Incidental, Lodging Rates only apply if overnight travel is required and authorized during investigation. Meals & Incidentals per-diem $66.00. Lodging daily per-diem $180.00. Travel rates outside California subject to estimated costs.

 

COURT APPOINTED (ALT DEF.) GUILT AND MITIGATION INDIGENT DEFENDANTS: PI#28191 provides guilt and mitigation investigation to any person unable to afford such representation in criminal, juvenile or certain civil proceedings, upon the request of attorney. Case law and statutory law authorize funding for indigent defendants for the ancillary costs of a criminal case. Ancillary costs are non-attorney costs such as investigators, printing transcripts, expert witnesses, etc. The Statutory Law is contained in two (2) sections of the Penal Code, 987.9 and 987.2. Section 987.9 is for cases where the death penalty is a possibility. Section 987.2 is for all other types of criminal cases. All documents, submissions, and transcripts relating to 987.9 and 987.2 requests are privileged. Refer to guilt and mitigation investigation rates posted by Superior Court of California, Counties of Riverside, Orange, and Los Angeles Counties. Rates subject to change.

 

MILITARY DISCOUNT: PI#28191 reduced investigative rates for all CLIENTS that honorably serve/served within the United States Armed Forces. Investigative rate: $85 per hour ($10 savings p/hr.). CLIENT must provide written proof of service or active/reserve military ID card.

 

BILLING TERMS: All retainer fees will be paid in advance of investigative services. All invoices due upon receipt. Deferred payment programs and military discounts must be confirmed in writing prior to engagement.

 

REFUND: Any portion of retainer not billed at termination of the investigation will be refunded within fifteen (15) business days of the termination.

 

NOT ATTORNEY OR LAW ENFORCEMENT: CLIENT acknowledges s/he understands PI#28191 is not an attorney, nor is he associated or employed as a Municipal, State, or Federal Police Officer and/or Agent.

 

OUTCOME CONTINGENCY: Opinions about outcome of the investigation will be PI#28191’s best professional estimates; they are limited by my knowledge of facts and information provided by CLIENT. Unless specifically stated in a separate writing, signed by all parties, payment for services is not contingent on outcome of matter.

 

INDEMNITY: CLIENT agrees to indemnify and hold harmless PELICAN RESEARCH and PI#28191 from all legal suits, claims, liabilities, attorney fees, costs and judgments arising from the use or possession of any investigative information, data, reports, video, audio [or the like] furnished to the CLIENT by PI#28191.

 

EFFECTIVE DATE: The "effective date" of retainer agreement is retroactive to the date PI#28191 first discussed and/or performed services for CLIENT. CLIENT is obligated to pay for all services, including consultation fees.

 

CLIENT COOPERATION: CLIENT agrees to cooperate and be truthful, to keep PI#28191 informed of all developments in the case, to abide by this agreement, to pay invoices on-time, and to provide current contact information. CLIENT understands and agrees to be truthful regarding any information provided to PI#28191. This includes but is not limited to why CLIENT is requesting investigative services and current status of any active restraining order(s) or legal proceedings. If CLIENT fails to provide truthful information/is untruthful, PI#28191 will immediately terminate the investigation and all retainer fees will be forfeited. If fees exceed the retainer amount, they will be due and payable upon receipt.

 

SURVEILLANCE: Hourly surveillance rate is $150.00 per hour, per investigator, with a three (3) hour minimum per diem. At no time will the CLIENT show up during surveillance or interact and/or contact subject being investigated. Failure to abide by these rules’ places investigation in jeopardy and compromises the safety of the investigators. If this occurs, PI#28191 will immediately terminate the investigation and all retainer fees will be forfeited. If fees exceed the retainer amount, they will be due and payable upon receipt.

 

INVESTIGATIVE MEMOS: Upon written request by CLIENT, PI#28191 shall  provide the results of an investigation to client if payment has been tendered for charges levied and verbal consent and written waiver has been provided by counsel.

 

STORAGE, RETRIEVAL, PRINTING: PI#28191 physically stores “hard copies” of each case file for six (6) months. At six (6) months, hard copies are scanned and migrated to electronic storage. All requests for hard or electronic copies require verbal consent and written authorization from counsel. Fees for hard copies are a flat fee of $50.00 for files up to 200 pages, and $0.20 cents per pages over 200. Electronic copies are available for a flat fee of $50.00 and provided on flash drive.

 

TERMINATION AGREEMENT: CLIENT or PI#28191 may terminate services at any time with written notice. All original papers and property will be returned to CLIENT within a reasonable time after notice of termination. CLIENT can request an accounting of the investigative time and copies of the case file. CLIENT is required to pay all document retrieval fees. The termination of services will not affect CLIENT's responsibility to pay for all investigative services rendered and costs incurred up to the date of termination and work required for PI#28191 to facilitate an orderly turnover of matters in progress at the time of termination. PI#28191 may terminate this agreement for failure to pay invoices, misrepresentation, failure to disclose material facts, or should any conduct or situation occur that impairs the investigator-client relationship or presents conflict with my professional standards and ethical responsibilities.

 

GOVERNING LAW / JURISDICTION: Retainer agreement is governed by and shall be construed in accordance with the laws of the State of California. CLIENT consents to submit all disputes arising out of or in connection with this agreement and invoices to the exclusive jurisdiction of the California Courts. CLIENT agrees service of process which complies with California Code of Civil Procedure shall be enough to constitute valid service for all purposes.

 

MEDIATION AND ARBITRATION: Any controversy, claim or dispute arising out of or relating to this agreement shall be resolved through negotiation within thirty (30) days of written notice of a dispute. Should negotiations fail, parties agree to submit the dispute for mediation administered by a mediator agreed upon by both parties within three (3) weeks following the initial negotiation. Should mediation fail, both parties agree to submit the dispute to binding arbitration under the Rules of the American Arbitration Association before a single arbitrator in the State of California to be administered under prevailing California law and agreed upon by both parties within three (3) weeks following the mediation. The award will be enforceable in any state or federal court. In any arbitration or court proceeding, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs. In addition, Client shall be responsible for payment of attorneys’ fees and expenses associated with PI#28191’s efforts to collect monies owed under the terms of this contract.

 

SIGNATURES: Facsimile, electronic, scanned and/or e-mailed copies of CLIENT signatures shall be as binding as the original “wet” signature.

 

INSURANCE: Private Investigator Act requires PELICAN RESEARCH obtain general liability insurance policy with a minimum General Aggregate liability limit of one million dollars ($1,000,000) for initial licensure, and to have the required insurance in effect at the time of license renewal and for the continued maintenance of the license. PELICAN RESEARCH commercial liability coverage exceeds requirements and includes errors and omissions coverage.


Call for more information (949) 940-6498