HomeMy WebLinkAboutC2016-560 - 9/20/2016 - Approved Letter of Representation
&Contract for Legal Counsel
Whereas,Article X, Section 2(c)of the Charter provides:
(c) All purchases and contracts must be competitively bid or proposed or based
upon a procurement method authorized by state law;
Whereas, Section 252.022(a)(4) of the Texas Local Government Code provides that neither
competitive bidding nor competitive proposals apply to an expenditure for:
(4) a procurement for personal,professional,or planning services;
Whereas,because a contract for legal services is a contract for professional services,the law
does not require a competitive procurement process;
Whereas, the City Attorney's selection of the law firm of Hartline Dacus Barger Dreyer,
LLP Attorneys, was based upon a procurement method authorized by state law and complies
with the City's Charter;
Whereas,Article X, Section 2(a)of the Charter provides:
(a) All contracts shall be authorized by the City Council, except that the City
Manager may authorize contracts which do not require expenditures exceeding
the limit at which competitive bids are required under the Texas Local
Government Code, as amended, and may exceed that sum in the case of
emergency which shall be reported to the Council;
Whereas, as this contract does not require an expenditure of more than$50,000—the limit
at which competitive bids are required under §252.021(a) of the Texas Local Government
Code— this contract does not require City Council authorization and the Charter provides
that the City Manager may authorize this contract on behalf of the City;
Whereas,Article W, Section 10(h)of the City's Charter provides:
(h) No contract for the employment of private counsel shall be made by the City,
except upon the request in writing of the City Attorney stating the necessity
therefor and with the consent of the City Manager;
Whereas, the City Attorney has requested in writing to enter into this contract, has stated
the necessity therefor,and the City Manager has consented;
C:\Users\tcrossland\AppData\Local\MIcrosoft\Windows\Temporary Internet Files\ContentOutlook\XUYQH4WF\DraftOutside
Counsel contract-I4 rtllnn Danis Barger Dreyer LLP.docx 1
2016-560
9/20/16
M2016-112
Hartline Dacus Barger Dreyer INDEXED
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
This Letter of Representation& Contract for Legal Counsel serves as the Professional Services
Agreement ("Agreement") for Outside Legal Counsel entered into by the City of Corpus
Christi, a Texas Home-Rule municipal corporation ("Client"), and Hartline Dacus Baraer
Dreyer,LLP,Attorneys at-Law("Counsel"),and is effective when signed by the City Manager
or City Manager's designee.
1. The specific matter the Client desires Counsel to handle the litigation with
Graham Construction Company and other potentially responsible parties concerning disputes
arising out of the design and/or construction of the New Broadway Wastewater Treatment
Proiect No. 7293 ("Project") -- Graham Construction v. City of Corpus Christi, in addition to
such other matters which we agree in writing to undertake from time to time.
2. Upon execution,the Effective Period of this Agreement begins on July 1,2016.
3. Attorneys Darrell L. Barger and Michael G. Terry will provide services in
connection with this engagement.
4. Total cost for all services provided by Counsel and all expenses incurred by
Counsel under this Agreement shall not exceed $49, 999.00 unless expressly authorized by
written amendment to this Agreement.
5. Fees are based upon the time expended at the following hourly rates,currently as
follows:
Darrell L.Barger $3 b per hour
Michael G.Terry $ 11-0 per hour
Paralegals: $ ( .s D per hour
Other Staff: $ --I per hour,when applicable
6. Counsel may bill the City in accordance with this Agreement for services
rendered from the date of the Effective Period which begins on July 1,2016 and ends on the date
this Agreement terminates.
7. Counsel must submit detailed invoices for all services rendered on a monthly
basis.
8. All services invoiced to the Client by Counsel are subject to final approval by the
City Attorney prior to payment.
9. Payments due to Counsel by the Client are payable within 30 days upon receipt of
an acceptable invoice.
10. Counsel's authorized contacts are Miles Risley, City Attorney; Veronica Ocanas,
Assistant City Attorney;and Michael Meyer,Assistant City Attorney.
C:\Users\tcrosslancMppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\XUYQH4WF\Draft Outside
Counsel Contract-Hardine Dacus Barger Dreyer LLP.docx 2
11. Counsel may not assign, transfer, or delegate any of his/her obligations or duties
in this Contract to any other person without the prior written consent of the Client.
12. Counsel may not use any subcontractor or subconsultant in connection with the
work performed under this Agreement unless the subcontractor is approved in writing by the
primary Client contact.
13. Notices must be in writing and delivered:
to Client's office at:
City Attorney's Office
Attn: Laurie Ledesma-Garcia
1201 Leopard
Corpus Christi,Texas 78401
to Counsel's office at:
Name
Street Address
Client,State,Zip
Phone No:
ACCEPTED AND AGREED to thi t ` day of pat l9{ ,2016.
CLIENT: CITY OF CORPUS CHRISTI COUNSEL:HARTLINE DACUS BARGER
DREYER,LLP
By: '/ 'CX By: LL4.z.Qtfirdiy".
Mark Van Vleck
Its: Assistant City Manager Its:
Date: 1 f 8/L Date:
Attachment(1):Client Information Sheet App, lid as to grin' ,/' .. •
As: stant '' y Attorney
For City Attorney
C:\Users\tcrossiand\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\XUYQH4WF\Draf Outside
Counsel Contract-Hartline Dacus Barger Dreyer LLP.docx 3 lu
3Y C RINCIL...._.4... 1A° a
I
SECRE �
C:\Users\tcrossland\AppData\Local\MIcrosoft\WIndows\Temporary Internet Flies\Content.Outlook\XUYQH4WF\Draft Outside
Counsel Contract-Hartline Dacus Barger Dreyer LLP.docu 4
Client Information Sheet
New Broadway Wastewater Treatment Plant Project No.7293
Graham Construction Services.Inc..Plaintiu'v. City of Corpus Christi.Defendant
Cause No.20 1 6CCV-61112-2
County Court at Law No.2
Authorized Client Representatives &Contacts:
Miles Risley,City Attorney
Veronica Ocanas,Assistant City Attorney
Michael Meyer,Assistant City Attorney
Business Street Address&Address to Submit Invoices:
City of Corpus Christi
City Attorney's Office
Attn:Laurie Ledesma-Garcia
1201 Leopard Street
Corpus Christi,Texas 78401
Office Phone Numbers:
(361)826-3375 Veronica Ocanas,Assistant City Attorney
(361)826-3362 Michael Meyer,Assistant City Attorney
(361)826-3873 Miles Risley,City Attorney
(361)826-3377 Noemi Perez,Paralegal
(361)826-3361 Laurie Ledesma-Garcia,Legal Assistant
(361)826-3360 Legal Department Main
(361)826-3239 Legal Department Fax
Email Addresses:
MilesR®cctexas.com
MichaelM4®cctexas.com
VeronicaO®cctexas.com
Noemi®cctexas.com
LaurieLA®cctexas.com
(Signature)Miles K.Risley,City A
l6/ Z.R//6
(Date)
C:\Users\tcrossland\AppData\Local\Microsok\Windows\Temporary Internet Files\Content.Outlook\XUYWI4WF\Draft Outside
Counsel Contract-Hartline Dacus Barger Dreyer LLP.doa 5
SUPPLIER NUMBER
W
R BE ASSIGNED Brum --
iCHASING DIVISION
City
♦ ce.
Corpus
of
EXHIBIT
Christi
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
Corpus Christi Code 5 2-349, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the
question is not applicable, answer with "NA". See next page for Filing Requirements,
Certification and Definitions.
COMPANY NAME: ///4R1 G/4/(i D4 -(/5 XJA44 DR, )/bR /LP
STREET ADDRESS:Bzv/(/ ,STEMpl/P.O.BOX:
CITY:eoRp.5 /1/Q/577 STATE: r( ZIP: 784/0/
FIRM IS: 1. Corporation 0 2. Partnership 3. Sole Owner 0
4. Association 0 5. Other 0
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name I
N Job Title and City Department(if known)
2. State the names of each "official" of the City of Corpus Christi having an °ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name A Title
3. State the names of each °board member° of the City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm.°
Name AI n Board,Commission or Committee
4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest'
constituting 3%or more of the ownership in the above named`firm."
Name N/A A Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer
an economic benefit on any City official or employee that is distinguishable from the effect that
the action will have on members of the public in general or a substantial segment thereof, you
shall disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349(d)].
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested, and that supplemental
statements will be promptly submitted to the City of Corpus Christi,Texas, as changes occur.
Certifying Person: Al .r ,� die:
PleTA/472.
Signature of Date:
Certifying Person: — /0 211/
DEFINITI•
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
b. 'Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect
on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. 'Employee." Any person employed by the city, whether under civil service or not, including part-
time employees and employees of any corporation created by the city.
d. 'Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint
stock company, Joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. 'Official.' The Mayor, members of the City Council, City Manager, Deputy City Manager,Assistant
City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus
Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent,trust,estate, or holding entity. `Constructively
held" refers to holdings or control established through voting trusts, proxies, or special terms of
venture or partnership agreements.
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
CERTIFICATE OF INTERESTED PARTIESFORM 1295
1011
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number
of business.
Hartiine Dacus Barger Dreyer LLP 2016-117093
Corpus Christi,DC United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/27/2016
being filed. zS i
City of Corpus Christi Date ckmvMedged: -‘_....Ski
`��J//-
3 Provide the identification number used by the governmental entity or state agency to track or identify the co and provide a
description of the services,goods,or other property to be provided under the contract.
XXX
Legal services
4 Nature of Interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
Barger,Darrell Corpus Christi,TX United States X
Terry,Michael Corpus Christi,TX United States X
5 Cheek only if there is NO Interested Party. ❑
6 AFFNAYIT I swear,or affirm,ruder
penalty of perjury,that the above disclosure Is Due and correct.
/.,„„e,A A I� A Imo- ..4%.w �..,5,
Egaiv. TRACY RENEE CROSSLAND
ID*2fiibli 44.14`4' Notar Public
ryyy STATE OF TEXAS
Signe
"4. My Court.EXP.01-14- Signature Of authorized agent of-• business entity
V v v v v v-.1 -v• Y v v-No-
AFFIX
AFFIX NOTARY STAMP/SEAL ABOVE yyyy�� /��//����►► IJ
Sworn to and subscribed before me,by the said filicoI L 4.is y/,this the ®1 day olArylialit.
20/l, ,to certify which,witness my hand and seal of office.
. , .., Air!,-:-.7r7 gad .
.._..., i. ,:e... A A ' .:./.10). i :
IIP 4"' .f officer adminis,- ,oath Printed -of. •- administering oath Title of officer.. ' istering oath
Forms provid . by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277