HomeMy WebLinkAboutLetter of Engagement - Kroger Gardis & Regas LLC - IURC Rate Case Representation�6
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October 31, 2017,
Via Eleetronic Mail
Robert M. Glennon, Esquire
Robert .Glennon & :Assoc., P.C.
3697 N. Co. Rd. 500 E.
Danville, Indiana 46122
RE: IURC Cause No. 44967
Dear Bob:
Thank you for our discussions regarding your firm's intervention in the above referenced
cause on behalf of the City. of South.Bend, Indiana ("South Bend"). Pursuant to discussions between
your client and our client, City of Fort Wayne, Indiana ("Fort Wayne"), this letter will evidence the
agreement between our clients to share the fees and expanses o f Fort Wayne's rate consultants GDS
Associates, Inc. of Marietta, Georgia ("GDS") and HJ Umbaugh ("Umbaugh" and together the.
"Experts") in preparing and submitting testimony on behalf of fort Wayne, City of Marion, South
Bend and other participating municipal intervenors in the above cause.
Fort Wayne and Marion are sharing in the fees of GDS based on their total 2016 payments to
Indiana & Michigan Power, exclusive of streetlight billings, in the percentages previously shared
with you, and is dividing equally the fees of Umbaugh. However, South Bend will have the
opportunity to. receive and ,review the draft testimony of the Experts upon the execution of this letter
agreement and commitment to participate in the fees of the Experts on a slightly different basis as set
forth herein. Upon the commitment by South Bend evidenced. by executing this.letter to pay
$10,000.00 toward the fees of the Experts, South Bend will receive the Experts' draft testimony and
will have the option to.adopt and sponsor the Experts' testimony, or it. may choose.not to...do so..If
South Bend chooses not to adopt or sponsor any testimony of the Experts, South Bend will only be
responsible for the $10,00.0.00 payment of the .Experts' collective fees for testimony preparation .as .
billed in the normal coarse of business. in the event South Bend adopts or sponsors all or any
portion of the testimony of the Experts, South Bend will be responsible for-37.3% of the GDS fees
and an equal share of the Umbaugh fees for testimony preparation as ,billed in the normal course of
business. The parties shall separately bear the costs of their own respective legal counsel. Fort
Wayne may add additional municipal intervenors to this agreement on similar terms.
On behalf of our clients, each of our firms and Fort Wayne's experts have executed or
acknowledged a Nondisclosure Agreement, and discussions between our clients, lawyers of our
firms, and our jointly engaged or separate consultants will fall under the terms of that Agreement.
All such communication by and among the foregoing parties shall remain confidential and privileged
communication unless mutually agreed by authorized representatives of each party.
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Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
11 /02/2017
Eric Horvath
Department Public Works
BPW Date 11/14/2017 Phone Extension
N
Agreement
U Contract L Proposal
LJ Addendum
❑
Professional Services
❑ Bid Opening
❑ Bid Award ❑ Req. to Advertise
❑ Title Sheet
❑ Quote Opening
❑ Quote Award
❑
Chg Order No.
❑ CIO & PCA No. ❑ PCA
❑
Ease./Encroach.
❑ Traffic Control ❑ Resolution
❑ Other:
❑ Claim
Required Information
Company or Vendor Name
Kroger Gardis & Regas, LLP
❑ Yes ❑ If Yes, Approved by Purchasing
New Vendor
❑
No
MBEIWBE Contractor
El MBE Completed E-Verify Form Attached
❑ WBE
❑Yes
❑
No
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Copy
Original
❑
❑
❑
❑
❑
❑
$10,000 for Testimony Preparation plus 37.3% of GDS and Umbaugh
Fees upon Acceptance of Testimony Adoption