Equine Management Services

Lawyers, Insurance Companies, USDA, US Dept. of Interior, US Marshall Service, U. S. Border Patrol (Horse Unit), IRS, Lenders, Individuals 

Safety evaluations are crucial for maintaining a secure and healthy work environment. Let’s delve into the key aspects of safety management and program evaluation:

1. Initial Verification and Periodic Assessment for Equines, Livestock, Employees, Real Property, Personal Property & Fire Hazards

   • Once a safety and health program is established, it should be evaluated initially to ensure it is being implemented as intended.
   • Periodic assessments (at least annually) help identify what’s working well and areas for improvement.
   • Employers, managers, supervisors, and workers collaborate to make necessary adjustments based on evaluation results.

2. Monitoring Performance and Progress:

   • Define indicators to track safety and health program performance.
   • Collect, analyze, and review data using both lagging indicators (tracking past injuries and exposures) and leading indicators (measuring preventive steps).
   • Examples of indicators include injury severity, worker participation, hazard identification, and timely corrective actions1.

Remember, safety is everyone’s responsibility, and continuous evaluation ensures a safer workplace! 

Excellent article by Amy Clever of Safety Check, Inc. "A culture of Safety:  Why It's Important In Your Barn" published in The Plaid Horse.

A Culture of Safety: Why It’s Important In Your Barn - The Plaid Horse Magazine 

Book your Evaluation, Inspection, or Lecture about safety to your Saddle Club/Riding Club, Employees, Class Room or Horse/Livestock Association

1--608-633-3300

auction@execpc.com

Articles, SA’s and Scientific written or co-authored and published by Ray Miller:
Living with Lameness
Laminitis
How to Keep Your Farrier
Hoof Structure
Ground Manners
Diseases of the Hoof, Distal Phalanx & Associated Structures - Part 1
Diseases of the Hoof, Distal Phalanx & Associated Structures - Part 2
The Cost of Shoeing a Horse
Body Type and Proper Movement

Problems Within the Horse Industry 
Can be located at; http://www.horseshoes.com/index.php/educational-index/articles/essays-for-horse-owners?limitstart=0  and other locations across the Internet.  Searching Ray Miller Farrier.
Scientific Papers co-authored and published
Co-authored paper with Dr. James Rooney DVM on Causes of Club Foot in Horses.
Co-authored paper with Dr. Mike Collier DVM on Pressure mapping for saddle fitting and rider balance. 

For additional articles Google Search Ray Miller Farrier. Ray Miller appraiser, Ray Miller Auctioneer. Ray Miller Gaited Horse Test. 

I

Expert Witness Rates

Introductory Call With Attorney                  No fee

Initial Case Overview  Review                      No fee

Retainer IF Case Accepted                            $500

Initial Case Review                                         $150 per hour

Deposition Appearances                               $150 per hour Plus travel expense

Courtroom Testimony                                    $150 per hour Plus travel expenses

Report Writing & Research                            $150 per hour.

Travel Expenses                                               $85 per hour for time plus mileage @ .64 cent per mile auto, Current rate for hotel/motel, Meals. 

                                                                              Current air fair, plus auto rental Business Class if flying.

Appraisal Rates

On Request based on complexity of appraisal. 

Consulting Rates

On Request based on complexity of Consulting assignment. 

Sample Engagement Letter Expert Witness 

Expert's Name
Expert's Address

Date

Lawyer's Name
Lawyer's Address

Dear Lawyer's Name , This letter confirms that you have retained me to represent you in connection with the following matter:

Case Name, Case Number, presently pending before the Type of Court for the County of County, State of State.

Pursuant to our agreement, I will provide services to you as an independent professional. Payment to me for the services I provide is not dependent upon my findings, nor on the outcome of any legal action, mediation, arbitration, or the amount or terms of any settlement of the underlying legal cause, nor on any contractual arrangement between you and any other person or party.

My minimum non-refundable engagement fee for services is Fee Amount Dollars, which shall be due at the time you sign this letter and return it to me. Billings for services performed or expenses incurred shall be charged against the engagement fee until such time as it is exhausted. You may not identify me as either a testifying or non-testifying expert until such time as the engagement fee has been paid.

You agree to compensate me for services rendered as follows:

Fees for my services: Except as outlined herein, I shall be paid by you at the rate of $Hourly Rate per hour for all tasks performed under this agreement, including but not limited to analysis, calculations, conclusions, preparation of reports, and necessary travel time. Fees will be billed by the tenth of an hour, with a minimum charge for any discrete task of two tenths of an hour. For testimony at deposition or trial, I shall be paid at the rate of $Hourly Rate per hour, to be billed in hourly increments. This rate for testimony shall apply both while I am waiting to give testimony, whether at an office or court, and for time taken for breaks or meals, as well as for time spent actually giving testimony.

Investigator Fees: At times, I may require the assistance of my investigator, Investigator's Name. You will reimburse me at the rate of $Hourly Rate per hour for services performed by my investigator, with fees to be billed by the tenth of an hour.

Graphic Design and Exhibit Preparation: You also agree to reimburse me for time spent preparing graphics or exhibits at the rate of $Hourly Rate per hour, regardless of who performs the associated services. In the event that I outsource the preparation of graphics or exhibits, you shall reimburse me for the actual cost of the outsourced services, plus a five percent (5%) handling fee; however, the fee for outsourced services shall not exceed the rate of $Hourly Rate per hour without your approval. The fees outlined in this paragraph do not include the cost of materials. You agree to reimburse me for expenses as follows:

• Travel by Car: Mileage Charge cents per mile;

• Travel by Air or Train: The actual cost of the round-trip ticket, plus a ten percent (10%) handling fee.

• Expenses associated with photography, reproduction of documents and photographs, preparation of exhibits, storage of materials or evidence, and other reasonable expenditures shall be reimbursed at market rates.

• Lodging: For any travel of more than eighty (80) miles from my office, I shall be reimbursed for the cost of meals and lodging, plus a ten percent (10%) handling fee.

• Car Rental: In the event of travel beyond the local area, I shall be reimbursed for the cost of a mid-sized rental car and any associated expenses, plus a ten percent

  • (10%) handling fee.

  • Unless you otherwise instruct, or unless refundable tickets are not available, I will purchase refundable tickets for any necessary travel. Should you request that I purchase non-refundable tickets in order to travel at a lower cost, or if refundable tickets are not available, you shall reimburse me for the cost of any non-refundable ticket at the rate outlined herein whether or not the ticket is used.

    You may avoid the ten percent handling fee associated with certain travel expenses by arranging to directly purchase round-trip travel tickets on my behalf, and by arranging for the direct payment of any car rental expense, lodging, and meal expenses by your office.

  You have had the opportunity to investigate and verify my credentials, and you agree that I am qualified to perform the services described in this contract.

  You are responsible for all payments as outlined in this contract, regardless of any arrangement you may have with any party or parties you represent. I will issue bills on a monthly basis, or whatever other interval I deem appropriate. Bills are due on receipt, and shall be considered delinquent if unpaid more than thirty days after their date of issuance. Interest shall accrue to any delinquent balance at the maximum rate permitted by law, not to exceed $Percentage percent per month. In the event that a bill remains unpaid for sixty or more days after the date of issuance,  I shall have the unrestricted right to resign from performing additional services for the you and your firm on any and all cases that I am working on for your firm.

  This agreement shall be interpreted under the laws of the State of State. Any litigation under this agreement shall be resolved in the trial courts of County County, State of State.

  Your signature below represents your agreement with the terms set forth herein. Please return a signed copy of this letter to my office, along with the required engagement fee. Sincerely,

  Signature.
  Expert's Typed Name.

  I accept the terms of this agreement:
  Date: Date.
  Lawyer's Signature.
  Lawyer's Typed Name, Client-Attorney.

*************************************************************************************************************************

Sample Appraisal Letter of Engagement

[Appraiser Firm Name]

[Appraiser Firm Address]

[Date]

[Client]

[Address]

Re:      Appraisal Request

            [Brief description of property or assignment]

Dear [______]:

[Appraisal firm name or appraiser name, if no firm entity] (“Appraiser”) agrees to provide an appraisal of the above-mentioned property according to the following terms.  Please refer to the Appraisal Services Agreement and the Terms and Conditions, which are expressly incorporated herein by reference and made a part of this agreement.  This Engagement Letter, the Appraisal Services Agreement and the Terms and Conditions shall be collectively referred to as “Agreement.” 

1.        Specifications of the Appraisal.

Subject Property:

[Property address or legal description.]

Property Type:

[Existing / Proposed / Single family residence / Condominium / Multi family residence - xx units / Manufactured home / Office - xx SF/ Retail - xx SF/ Industrial - xx SF / Vacant land / Subdivision – xx lots/ Agricultural land / Other], Personal Property, Livestock.

Interest to be Valued:

[Description. For example: fee simple/leased fee/leasehold.]

Additional Property to be Valued:

[None / Furniture, fixtures and equipment / Machinery and equipment / Trade fixtures / Business enterprise value / Housing subsidy / Bond financing / Favorable seller financing / Defeasance impact / Tax abatement / Low-income housing tax credits / Other [specify] ]

Intended Use:

[To assist Client and intended users in making a lending decision / to assist Client in negotiating a purchase price / to assist Client in establishing an asking price / to assist Client in establishing a value for property tax purposes / to assist Client in tax planning / to assist Client in tax reporting / to assist Client in loan monitoring/ Other]

Intended User(s):

[Identification of intended user(s) of the appraisal.  May be just Client or the Client and/or other parties who are either identified by name or type.]  Appraiser’s identification of the intended user(s) of the appraisal is to determine the type and extent of research, analysis and reporting appropriate for the assignment.  It is specifically not an acknowledgement or granting of permission by the Appraiser that such parties will or may rely on the appraisal. 

Type of Value:

[For example: “As is” market value under the Federal Interagency Appraisal and Evaluation Guidelines.]  The definition of the type of value will be stated in the report.

Date of Value:

[Specific date or description of date – for example: (1) “Date of Appraiser’s inspection, specific date to be stated in the report,” (2) “Retrospective as of June 1, 2015”, or (3) “Prospective as of December 31, 2020.”  Appraiser is not responsible for determining whether the date of value requested by Client is appropriate for Client’s intended use.

Hypothetical conditions, Special/Extraordinary assumptions:

Describe / None anticipated

Anticipated Scope of Work:

Appraiser’s anticipated scope of work for developing the appraisal will include: [description of scope of work, including approaches to value, whether property to be inspected, description of level of detail of reporting, etc.]

Report Option and Format:

[Examples: “Narrative written report,” “Appraisal Report”, “Form 2000 Appraisal Review,” “Restricted Appraisal Report” or “Appraisal Institute Appraisal Report – Residential with Residential Green and Energy Efficient Addendum.”]

Delivery Date:

[Date or XX days after acceptance of Agreement.] Appraiser will use Appraiser’s best efforts to deliver the appraisal report no later than such date.  Appraiser’s delivery of the report is contingent on Appraiser’s timely receipt of information and documentation from Client and other parties. In the event of a delay beyond that date, Appraiser will inform Client promptly as soon as reasonably practicable.

Appraiser’s Interest In Subject Property or in Client or Other Involved Parties:

Appraiser has no knowledge of any current or prospective interest of the Appraiser in the subject property or in Client or other parties involved in the transaction to which this appraisal relates.

Prior Services Regarding Subject Property (USPAP Disclosure):

Appraiser has not performed any prior services regarding the subject property within the three year period immediately preceding the date of this Agreement, as an appraiser or in any other capacity.  [Or, disclose prior services as applicable.  The statement is currently needed only for appraisals subject to USPAP and need not be included for other assignments unless requested by the client.]

Special Conditions:

[Identify any special conditions relating to the appraisal or unique requirements.]

Appraisal Fee:

$_________

Payment Terms:

[Example: Client shall pay one-half of the appraisal fee upon acceptance of this Agreement. Final payment for the remaining balance will be due and payable within 30 days of Client’s receipt of the report. Appraiser will invoice Client upon completion.]

2.Property Documentation. Client agrees to provide Appraiser with the documentation required and requested by the Appraiser to complete the appraisal.  See Attachment A for the property documentation requested by Appraiser to begin work on this engagement Client agrees to provide contact name and phone number for property access.  Client agrees to provide a copy of sales contract if property is under contract for sale.  Delays in Appraiser’s receipt of requested documentation may result in Appraiser being unable to deliver the appraisal report on the delivery date stated above.

Client: ___________________________

Dated: ___________________________

By:  _____________________________      

Name: ___________________________

Position: __________________________

Billing Address (email or person/address to whom invoices should be sent):

_______________________________________

_______________________________________

_______________________________________

Appraiser: ________________________

By:  _____________________________      

Name: ___________________________

Position: __________________________

Sample Consulting Contract 

[CONSULTANT COMPANY]

This Consulting Agreement (the “Agreement” or “Consulting Agreement”) states the terms and conditions that govern the contractual agreement between [CONSULTANT COMPANY] having its principal place of business at [ADDRESS] (the “Consultant”), and [CLIENT] (the “Client”) who agrees to be bound by this Agreement.

WHEREAS, the Consultant offers consulting services in the field of [CONSULTING FIELD]; and

WHEREAS, the Client desires to retain the services of the Consultant to render consulting services with regard to [SCOPE OF CONSULTING SERVICES] according to the terms and conditions herein.

NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Consultant and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

1. Term

This Agreement shall begin on [DATE] and continue for [TIME FRAME].

a. Either Party may terminate this Agreement for any reason with [TIME FRAME] days written notice to the other Party.

2. Consulting Services

The Consultant agrees that it shall provide its expertise to the Client for all things pertaining to [SCOPE OF CONSULTING SERVICES] (the “Consulting Services”).

3. Compensation

In consideration for the Consulting Services, the Client shall pay the Consultant at the rate of [WRITTEN DOLLAR AMOUNT] dollars ($[NUMERICAL DOLLAR AMOUNT]) per [TIME FRAME]. The Consultant shall invoice the Client once every [TIME FRAME] and such invoices shall be due and payable within [TIME FRAME] days of the Client’s receipt of the invoice.

4. Intellectual Property Rights in Work Product

The Parties acknowledge and agree that the Client will hold all intellectual property rights in any work product resulting from the Consulting Services including, but not limited to, copyright and trademark rights. The Consultant agrees not to claim any such ownership in such work product’s intellectual property at any time prior to or after the completion and delivery of such work product to the Client.

5. Confidentiality

The Consultant shall not disclose to any third party any details regarding the Client’s business, including, without limitation any information regarding any of the Client’s customer information, business plans, or price points (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Client, or (iii) use Confidential Information other than solely for the benefit of the Client.

6. Noncompetition

During the term of this Agreement and for [TIME FRAME] months thereafter, the Consultant shall not engage, directly or indirectly, as an employee, officer, manager, partner, manager, consultant, agent, owner or in any other capacity, in any competition with the Client or any of its subsidiaries, including any company engaged in [TYPE OF BUSINESS]. With in 100 miles for a term of 36 months. 

7. Nonsolicitation of Customers

During the term of this Agreement and for [TIME FRAME] months thereafter, the Consultant will not, directly or indirectly, solicit or attempt to solicit any business from any of the Company’s clients, prospects, employees or contractors.

8. Nonsolicitation of Employees

During the term of this Agreement and for [TIME FRAME] months thereafter, the Consultant will not, directly or indirectly, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any of the Company’s employees, or contractors for work at another company.

PandaTip: Please note that standards of enforcement standards of noncompetition and nonsolicitation agreements vary from jurisdiction to jurisdiction and if you are depending on clauses 6-8 for protection, you should consult an attorney to determine the best course of action.

action.

9. Indemnification

The Client agrees to indemnify, defend, and protect the Consultant from and against all lawsuits and costs of every kind pertaining to the Client’s business including reasonable legal fees due to any act or failure to act by the Client based upon the Consulting Services.

PandaTip: By way of example, in the event a third party sues the Consultant for the Client doing something or deciding not to do something based on the Consultant’s advice, then the Client will cover the costs to the Consultant in such an action.

10. No Modification Unless in Writing

No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.

11. Applicable Law

This Consulting Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of [STATE] and subject to the exclusive jurisdiction of the federal and state courts located in [COUNTY], [STATE].

IN WITNESS WHEREOF, each of the Parties has executed this Consulting Agreement, both Parties by its duly authorized officer, as of the day and year set forth below.

[CONSULTANT COMPANY]

Signature                     

First and last name                           Date

[CLIENT NAME]

Signature

First and Last name                             Date

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Auction & Auctioneering Services // Farm, Ranch, Equine/Livestock, Personal Property, Estate, Business Closeout & Overstocks.  Live on-site auctions with live real-time internet bidding.  Can be set up at your location or ours.   TriCounty auctions  www.tricountycounty.biz   www.saddlefitting.pro

Contact

Ray Miller

1-608-633-3300

auction@execpc.com