10 July 2018

Victoria Mendez
City of Miami
Office of the City Attorney
444 S.W. 2nd Avenue
Suite 945
Miami, Fl 33130

Re: Engagement

Dear Ms. Mendez:

Thank you for the opportunity to work with your frm. sincerely appreciate the trust you have placed in my
team and me and we will work hard to exceed your expectatons regarding our work.

t is important for you to understand that our focus is to provide you answers to your questons. We are here
to ensure that you fully understand what is going on and will work hard to ensure that you understand the
issues you are facing.

At Forensic Data Services (“FDS”) we believe that it is important to begin the relatonship clarifying what each
party’s obligatons and rights may be. Consequently, below you will fnd the terms of this consultng
arrangement as well as other factors that will help you and the client better manage both our work and the
costs associated with our services.

Terms and Conditons

City of Miami, Office of the City Attorney engages Forensic Data Services, nc., (“FDS”), to provide consultng
services.

General Terms

The work performed on this engagement will involve consultng services that may include review of
documents, forensic analysis of digital evidence, the producton of reports or other formal communicaton
with City of Miami, Office of the City Attorney, Counsel, Client and the Court, and lastly, the possibility of
testfying at hearings, depositons andoor trail, or other consultng services as dictated by your office.

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All Partes agree that before the release of any informaton, you will notfy FDS of any issues it may have with
the informaton or the analysis and permit FDS and opportunity to address those issues.

This agreement will become efectve immediately upon executon and payment of the required retainer as
described below and will remain in force untl fnal payment is made.

Responsibility for Payment

This engagement requires a retainer of $5,000.00, which must be received prior to the beginning of any work.
Retainers will be applied to the last invoice except that FDS does reserve the right, within its own discreton to
increase the retainer, apply the retainer to a large invoice or request and receive an additonal retainer or
larger retainer, as it deems appropriate based on its determinaton of the intensity of demands placed on FDS
and it personnel and assets.

The rate for all work on this project is $450.00o per hour for all work except testmony. Testmony will be
billed at $600.00o per hour.

n the event testmony is required of Robert Moody, all outstanding invoices will be paid in full at least 10
business days in advance of the testmony date.

f the following conditons are not met, FDS will not secure the tme on Moody’s calendar to account for the
testmony nor will any hotel or travel arrangements be made to assure attendance.

FDS will invoice the client at least monthly and may at its discreton invoice more frequently.

FDS seeks all payment of all invoices from the client. Payment is DUE UPON RECE PT

FDS does have certain charges in additon to its regular and testmony tme. These charges are:

1. Travel Time – There will be a charge for travel tme. This charge is equal to ½ of the regular rate for the
duraton of the travel (e.g. FL GHTT). (FDS DOES NOT CHTARGE PORT TO PORT).

2. Travel Expenses – Charges will be billed at cost. FDS travel expenses are limited to transportaton cost,
hotel, taxis or rental cars. (FDS DOES NOT CHTARGE TS MEALS TO THTE CL ENT).

3. Mobile Forensic Kit – Setup – f Equipment is required for an on-site collecton or analysis, a charge of
$150.00 will be incurred and charged for the setup and testng of the equipment.

4. Mobile Forensic Kit – End of Case – Forensic Scrubbing – n certain cases (Criminal or when requested)
FDS has to take extraordinary steps for the breaking down and forensically scrubbing and then the
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 reinstallaton of the software. f this were to be required, a charge of $250.00 will be incurred and
charged to the client.

5. Fed Ex ando or other shipping is charged at cost.

Damages against FDS arising out of any dispute under this Agreement, either directly or indirectly, are
specifcally limited to the amount of fees paid to FDS under this Agreement. FDS shall not be liable for
consequental, general, special, incidental or punitve damages or expense including, without limitaton, lost
profts or opportunity costs even if FDS has been advised of their possible existence.

Other than as provided in the paragraph immediately above limitng FDS’s liability for damages, if any party
breaches any obligaton under this Agreement, the non-breaching party shall be enttled to reasonable
expenses for litgaton or arbitraton, attorney’s fees, and costs uncured in any acton or attributon taken to
enforce the terms of this Agreement, or to obtain any remedy to compensate for such breach.

This Agreement shall be governed and its term exclusively construed in accordance with the laws of the State
of Florida, exclusive of Florida’s confict of laws rules.

Limitatons

The services as described throughout this agreement are not designed and cannot be relied upon to disclose
errors, irregularites, or illegal acts, including fraud or defalcatons that may exist, although their discovery nay
result from this engagement.

No breach of any provision can be waived except in writng by the party against whom enforcement of the
waiver is sought. The waiver by any party hereto of any provision of this Agreement shall not operate or be
construed as a waiver of any subsequent breach by any party. Failure to object or complain or to declare any
party to be in default, irrespectve of how long such failure contnues, shall not consttute a waiver of the right
of any party under this Agreement Any waiver shall be in writng and signed by the party waiving any
provision. This Agreement supersedes all proposals, oral or written, and all other communicatons between
the partes relatng to the engagement subject matter.

f any porton or portons of this Agreement are held invalid, illegal or unenforceable by a court of competent
jurisdicton, the validity, legality and enforceability of the remaining portons of this Settlement Agreement
shall remain in full force and efect and shall not be in any way afected or impaired by the invalid, illegal or
unenforceable porton or portons of this Agreement.

This Agreement may be executed in counterparts in original or by way of facsimile or email signature. When
each party has signed and delivered such counterpart, each counterpart shall be deemed an original, and,
when taken together with other signed counterparts, shall consttute the Agreement that shall be binding
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upon and efect as all Partes. No counterpart shall be efectve untl all Partes hereto have executed and
exchanged an executed counterpart hereof.

We shall be pleased to discuss this Agreement with you at any tme, and to explain the reasons for any items.

We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the
signifcant terms of our engagement. f the above terms are acceptable to you and the services outlined are in
accordance with your requirements, please sign a copy of this letter in the space provided below, obtain the
agreement of the CL ENT and return the fully executed Agreement to us with the retainer check so that we
may begin works as soon as possible.

FORENS C DATA SERV CES, NC. Law Firm: City of Miami, Office of the City Attorney
1 E. Broward Blvd., Suite 700 444 S.W. 2nd Ave., Suite 945
Fort Lauderdale, Florida 33301 Miami, Fl 33130

____________________________ ___________________________________
By: Robert D. Moody, JD C SA C SM ACE By: Victoria Mendez

07-10-2018
Date: __________________ Date: __________________

Checks payable to: Forensic Data Services Responsible Paying Party: _____________

Domestc Wiring nstructons:

Forensic Data Services, nc. By: __________________

1 E. Broward Blvd., Suite 700
Fort Lauderdale, FL 33301
(954) 727-1957 Date: __________________

Routng #
Account #

Wells Fargo Bank

420 Montgomery Street
San Francisco, CA 94104
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