Document e7VvLj71aN2Z0908g4pjNqRzg
Telephone: (702) 385-4202
BRADLEY & MERRELL
c/o Jones, Jones, Close & Brown 300 South Fourth Street, Seventh Floor
Las Vegas, Nevada 89101-6026
Fax: (702) 385-1655
July 21, 1993
Richard Ellis, Ph.D., CHMM Chariman, Advanced Waste Management Systems, P.O. Box 100 Hixson, Tennessee 37343
Inc.
Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case CV-S-89-555-LDG (LRL)
Dear Rick:
I understand (from Paul Merrell) that you have already received a check to cover your retainer fee for the above-captioned case. To finalize our arrangement, would you please review the enclosed retainer agreement, and if all amounts are correct, sign it and return it to me?
If you have any questions, please call me at (702)3863369. You will also be receiving further information regarding this case from Fisher, Gallagher & Lewis, a firm in Texas that has been working with us.
Sincerely, BRADLEY & MERRELL
rj s :dd cc: Michael Gallagher, Esq.
John Kim, Esq. TNB
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Richard.Ellis, Ph.D. CHMM July 21, 1993 Page 2
NEVADA POWER COMPANY V, MONSANTO COMPANY, ET AL. CONSULTING AGREEMENT
This agreement is by and between Nevada Power Company ("Nevada Power") and Economic Policy & Analysis, Inc., by Dr. Steven Anderson. It concerns the matter of Nevada Power Company v. Monsanto Company, et a l., USDC, District of Nevada, Case CV-S-89555-LDG-LRL.
Economic Policy & Analysis, Inc. employs Dr. Steven Anderson; Nevada Power desires to retain the services of Dr. Anderson as an expert in the correct method of measuring the damages Nevada Power suffered when it purchased electrical euipment containing PCBs from the defendants Monsanto Company, General Electric Corporation and Westinghouse Electric Company.
Therefore, it is agreed to by the parties that:
1. Consulting Services Economic Policy & Analysis, Inc. agrees to provide
consulting and other services regarding the measurement of damages, and to provide all services which are incidental to and in conjunction with this field.
2. Independent Status Nothing in this Agreement shall be considered to create
the relationship of employer and employee between Nevada Power and Economic Policy & Analysis, Inc. Economic Policy & Analysis at all times shall be deemed an independent contractor.
3. Fee Schedule Nevada Power agrees'to pay Economic Policy & Analysis,
Inc. in accordance with the following fee schedule:
a. Services
$105/hr.
"Services" shall include internal office expenses, research, review and analysis of relevant material regarding measurement of damages, personal or telephonic conferences and consultation and/or preparation of reports. It shall also include time spent testifying at deposition and in trial.
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Richard Ellis-, Ph.D. CHMM July 21, 1993 , Page 3
b. External office expenses
To be b i 1 led separately to Nevada Power
"External office expenses" shall include costs for copying sent out to copy centers, express mail delivery charges, etc. Internal office expenses shall be borne by Economic Policy & Analysis.
c. Travel expenses
To be billed separately to Nevada Power or arranged by Nevada Power
This covers expenses generated in long distance travelling to or from sites for meetings, conferences, depositions, hearings or trial. All air travel will be by regular coach class unless no other accomodations are available.
The above fee schedule hall not be changed or amended without the agreement in writing of both parties.
4. If in any one month Economic Policy & Analysis, Inc. expects to charge Nevada Power $5,000 or more, it must submit an itemized estimate of the charges in writing for prior approval by Nevada Power.
5. Economic Policy & Analysis, I n c . will send a monthly billing statement to Nevada Power reflecting all services, fees and expenses.
6. Due to the size and nature of this litigation, if for any reason Economic Policy & Analysis, Inc. is not able to continue as a consultant on this case, it must give Nevada Power Company at least thirty (3 0) d a y s 1 notice. The notice shall be in writing and sent via certified mail to:
Paul E. Merrell, Esq. 300 S. Fourth St., 7th Floor 700 Bank of America Plaza Las Vegas, Nevada 89101-6026
Richard Ellis, Ph.D. CHMM July 21, 1993 Page 4
7. It is understood that Economic Policy & Analysis, Inc. will undertake efforts on behalf of Nevada Power only as requested.
8. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. Any amendment or modification must be in writing and signed by both parties.
9. This Agreement is hereby signed and executed by:
Economic Policy & Analysis, Inc. By: ______________________________
Steven Anderson, Ph.D. Date:
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