Fees/Terms of Engagement. The attorneys' fee in this case is a "contingency fee”. This means our fee is contingent upon success in the Rate Case. We do not get paid if there is not a recovery in the case, either by settlement or award. The provisions below explain how the contingency fee works. If Firm is successful in obtaining a reduction in the rates charged by Evergy to municipalities for the cost of energy to power their streetlights, either through litigation or through [City of Bel Aire] June , 2023 a separate negotiated agreement, the Client agrees to pay a success fee in the amount of 20% of the Client’s annual savings (“Success Fee”) the year after the Commission issues a final order in the Rate Case approving the rate reduction, including an order approving a negotiated settlement with Evergy and the other parties in the Rate Case and the time for appeal of such order has expired, or the court with appellate jurisdiction over the matter has issued a final order (“Final Order”),. For avoidance of doubt, the Success Fee will be determined by calculating the difference between the rate that Evergy charges on May 1, 2023 (or the rate Evergy proposes to charge on the date it files its Rate Case, whichever its higher) and the rate that the Commission determines is the appropriate rate in the Final Order (“Success Factor”), multiplying the Success Factor by the number of kWh’s the Client uses to power its streetlights in the year following the date of the Final Order (or in the year following the date of the Final Agreement), and multiplying the resulting number by 20%. To the extent that the League of Kansas Municipalities incurs any cost or expenses in support of the Safer Coalition’s efforts, the Firm will pay such cost or expense to the League of Kansas Municipalities from the Success Fee, if any, and no additional cost or expenses will be assessed to the coalition members. Our Standard Terms of Engagement brochure is enclosed and describes the general understandings upon which we will provide our services to you. This brochure describes the basis upon which our legal fees will be determined, the expense items for which Client will be charged, including the expense of the expert QSI Consulting, as described above, when and how you will be billed, and other important information about the terms of our engagement. Please review this information carefully and contact me if you have any questions or concerns, or if there is any item to which you do not agree. Notwithstanding th...
