HomeMy WebLinkAboutC2016-561 - 9/20/2016 - Approved ENGAGEMENT AGREEMENT FOR LEGAL SERVICES
The purpose of this agreement,when executed by both of us as indicated below,will constitute a formal contract
between you,the City of Corpus Christi(variously referred to as"the City,""client,""you"or"your"),and the
law firm of CoatsPose,P.C.(variously referred to as"us"or"we").This agreement will help ensure that we
both understand the scope of work to be performed and the duties and responsibility of each of us.
1. The specific matter or matters the City desires that CoatsIRose handle is the litigation with
Graham Construction Services, Inc. and other potentially responsible parties concerning disputes arising out of
the design and/or construction of the New Broadway Wastewater Treatment Project No.7293("Project"), in
addition to such other matters which we agree in writing to undertake from time to time.
2. It is envisioned that various attorneys in our firm may provide services in connection with this
engagement.
3. In consideration of services to be performed, the City agrees to pay on an hourly basis for the
services rendered by us,and in some cases, our staff,in an amount not to exceed$747.500.00. This amount
represents cost estimates for the FY 2016-2017, which began on October 1, 2016 and ends on September 30,
2017.CoatsIRose fees are based upon the time expended at the following hourly rates,currently as follows:
Patrick E.Gaas $420/hour
Dan Shank $400/hour
Ed Hubbard $340/hour
Heather Asselin $340/hour
Paul Catalano $305/hour
Directors No higher than$420/hour
Senior Associates/Of Counsel $270-$340/hour
Associates $240-$270/hour
Paralegals $140/hour
Dan Clark(In-house consultant) $135/hour
Support for Dan Clark No higher than$90/hour
4. The City agrees to pay itemized expenses and costs, including the following: photocopying,
postage,local telephone calls,telecopy charges,and routine courier fees. For other than these nominal expenses
(travel,third party expenses, etc.), we will obtain your advance approval first, unless circumstances prevent us
from doing so without prejudice to your legal rights.
5. The City will provide a Westlaw subscription and furnish access to Westlaw's databases for
CoatsIRose to conduct legal research on the City's behalf. If,for whatever reason,the City does not provide a
Westlaw account,and if the City authorizes CoatsIRose to use the firm's Westlaw services on the City's behalf,
the City will be billed for Westlaw charges in the following manner: CoatsiRose has a flat fee subscription to
Westlaw,which includes many but not all of the frequently used legal research databases. Each month the firm
is billed at Westlaw's standard rate for charges that are outside of its subscription.Those standard rate charges
are passed on to you,if they are incurred on your behalf. Charges for the use of databases which are included in
the Westlaw package are charged or coded as a"special pricing charge."This charge is calculated on a pro-rata
basis based on the contract rate between CoatsjRose and Westlaw and is lower than Westlaw's standard rate.
Research performed in databases that are within CoatsIRose's package with Westlaw will be charged to you at
the discounted rate on a pro rata basis. The City will only be charged when Westlaw research is actually
performed on your behalf and for the time spent and databases used.
6. When provided, our periodic (usually monthly) statements describe the work accomplished
during the prior billing period. Our invoices include a detailed account of all non-nominal expenses incurred.
You agree to pay our statements in MI,on receipt,unless otherwise waived or modified in writing between us.
2016-561
9/20/16
Ord. 030965
Coats/Rose PC INDEXED
Your payment of fees and expenses is not contingent upon the results obtained in the final disposition of the
matter for which we have been engaged.
7. If Client fails to pay timely pay any invoice of the Firm within thirty(30)days after the date of
issuance thereof,Client agrees the Firm shall be additionally entitled to accrue and receive payment for interest
on any past due sum at the lesser of(i) the rate of one and one-half percent (11/2%) per month, or (ii) the
maximum amount of interest that may lawfully be accrued on such past due sum, until such past due sum is
fully paid. In such event,the Firm reserves the right to report Client's negative payment history to any credit
history reporting service provider. We cannot state for certain the total amount of fees and expenses which will
accrue in this matter.
8. To secure payment of the fees and costs incurred on behalf of the Client, the Firm requests
payment of an initial retainer of-0-Dollars and No/100 Dollars ($-0-) at the time this agreement is executed
("Retainer"). This amount shall remain in trust to be billed against the final invoice. If the engagement
terminates while a positive balance remains in the Retainer account,such balance shall be remitted to the Client.
If the balance of the Retainer is insufficient to cover the outstanding invoices, the Client shall remain
responsible for the balance owed on such invoices after any draw against the Retainer.
9. If the funds you deposit under the preceding paragraph become depleted, we will not be
required to perform any additional services on your behalf and we may, at our option, immediately withdraw
from our representation of you(or as soon as possible without causing undue prejudice to you). The balance of
the funds you keep on deposit with us must always be equal to or greater than the amount we agree upon at the
commencement of our engagement.
10. The City does not waive any of its sovereign or governmental immunities.Regarding arbitration
and waiver of trial by jury for disputes based solely upon City's claims against CoatsjRose -- if Coatsf Rose
should have a claim against the City,the City does not agree to arbitration and waiver of trial by jury of any
such claim.The City does agree,however,to arbitration of a dispute based solely on claims brought by the City
against CoatsIRose over its representation or related fees and expenses under this Agreement.The parties do not
anticipate a dispute over CoatsIRose' representation or related fees and expenses. For those disputes based on
claims brought by the City against CoatsIRose, if a dispute should arise, all claims, disputes, controversies,
differences or other matters in question arising out of our relationship to each other in the matters stated in the
first numbered paragraph of this Agreement and all other matters on which we and any of our attorneys and
other employees have ever provided any type of legal services at any time,now or in the future,whether or not
those matters are encompassed within the first numbered paragraph of this document—(including, but not
limited to compensation for services rendered by the Firm)shall be settled finally,completely and conclusively
by arbitration, and not by trial by jury, in Houston, Harris County, Texas, in accordance with the Federal
Arbitration Act and the Rules of the American Arbitration Association(the"Rules"),by one arbitrator chosen in
accordance with the Rules. Arbitration shall be initiated by written demand and the party seeking arbitration.
This Agreement to arbitrate disputes based on claims brought by the City against CoatsIRose shall be
specifically enforceable only in the District Court of Harris County, Texas, and the City consents to personal
jurisdiction and venue in Harris County Texas in the event of any such dispute. Both parties expressly agree
that by agreeing to arbitrate disputes based on claims brought by the City against CoatsiRose, they will not
submit any dispute they may have to a lawsuit or trial by jury. A decision of the arbitrator shall be final,
conclusive and binding on the Firm and the City,and judgment may be entered thereon in the District Court of
Harris County,Texas, to enforce such decision and the benefits thereof. If either party is required to seek the
enforcement of this agreement or this particular paragraph,that party seeking enforcement shall be entitled to
recover its reasonable and necessary attorneys'fees and costs from the other party.
11. No claim (whether in contract, tort or otherwise) shall be brought by either party to this
agreement, against any other party to this agreement(including all employees of Coats, Rose,Yale,Ryman &
Lee P.C.)more than 25 months after such claim shall have accrued.
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New Broadway Wastewater Treatment Plant Project No.7293 2 of 11
12. You may terminate our representation of you at any time for any reason or no reason at all. If
you notify us in writing of your desire to terminate our services,we will stop work immediately(or as you may
instruct), and you will be responsible for paying us only for services already performed until the time the
termination is effective.
13. You agree that we may withdraw from representing you in the matters governed by this
Agreement if at any time you fail to timely pay for services rendered and/or expenses incurred and/or advanced,
or for any reason authorized by the Texas Disciplinary Rules of Professional Responsibility. In the event of
withdrawal from employment,the Firm will take reasonable steps to avoid foreseeable prejudice to your rights,
including giving due notice, allowing time for employment of other counsel, delivering to you all papers and
property to which you are entitled,and complying with applicable laws.
14. You acknowledge that we cannot and do not guarantee the outcome of any litigation, business
transaction or negotiated settlement.
15. This Agreement is subject to the City of Corpus Christi Guidelines for Outside Counsel
("Guidelines"), which is attached and incorporated here as Exhibit A. The Guidelines prevail over other
provisions in this Agreement that deal with the same subject matter.
16. This Agreement embodies the only agreement between us and there are no other oral or written
contemporaneous agreements that modify, diminish, or expand the terms and conditions contained within this
document. This Agreement is governed by Texas law. This agreement may be supplemented or modified only
if done in writing and only if such writing is signed by both of us.
17. This Agreement is fully executed after the City's receipt of CoatsiRose signed copy of this
Agreement followed by the City's signing of it by the City Manager or the City Manager's designee.
18. The Effective Period of this Agreement begins on July 12,2016 and ends on the date this
Agreement terminates.CoatsIRose will bill the City in accordance with this Agreement for services rendered
from the date of July 12,2016,the date the City filed the Notice of Appearance and Designation of Lead
Counsel in the matter of Graham Construction Services v. City of Corpus Christi,designating Patrick E.Gass as
the City's Lead Counsel,and Edward S.Hubbard and Paul Catalano as co-counsel.
ACCEPTED AND AGREED to this 29 day of C)d4 s Li ,2016.
CLIENT: CITY OF CORPUS CHRISTI COUNSE • OATS ROS P C.
By: M>I(rk Van eck By• _ 4, L//
Its: Assistant City Manager Its: /
•
Date: 108/4 Date: 1 . P . 0 de
Attachments:
(1) Client Information Sheet •
�1CiiUi 1-"N'�t%
(2) Exhibit A:The Ciry of Corpus Christi Guidelines for Outside Counsel
(3) Exhibit B:Attorney Rate Sheet
Assist= iwv At•..r•ieir
For City Attui.:t.1
Graham Construction Services v.City of Corpus Christi—Engagement Agreement with Coats I Rose for Legal Services
New Broadway Wastewater Treatment Plant Project No.7293 3 of 11
Client Information Sheet
Name of Client City of Corpus Christi
Authorized Client Representatives:
Miles Risley,City Attorney
Veronica Ocanas,Assistant City Attorney
Michael Meyer,Assistant City Attorney
Other Key Contacts/Key Billing Contacts:
Jennifer Edwards,Paralegal(Key Paralegal,Key Billing Contact)
Noemi Perez,Paralegal(Key Paralegal)
Laurie Ledesma-Garcia,Legal Assistant(Key Billing Contact)
Business Street Address:
City of Corpus Christi
City Attorney's Office
1201 Leopard Street
Corpus Christi,Texas 78401
Office Phone numbers:
(361)826-3873 Miles Risley,City Attorney
(361)826-3375 Veronica Ocanas,Assistant City Attorney
(361)826-3362 Michael Meyer,Assistant City Attorney
(361)826-3381 Jennifer Edwards,Paralegal
(361)826-3377 Naomi Perez,Paralegal
(361)826-3361 Laurie Ledesma-Garcia,Legal Assistant
(361)826-3360 Legal Department Main
(361)826-3239 Legal Department Fax
Email Addresses:
MilesRt cctexas.com
VeronicaO@cctexas.com
MichaelM4@cctexas.com
JenniferE2(gcctexas.com
Noemi@cctexas.com
LaurieLA(gcctexas.com
X
(S gnature)Miles K.Risley,C Attorney
/o — fig — /6
(Date)
Graham Construction Services v.City of Corpus Christi—Engagement Agreement with Coats I Rose for Legal Services
New Broadway Wastewater Treatment Plant Project No.7293 4 of ii
IMPORTANT MEMO CONCERNING E-MAIL
Internet E-mail transmissions, although protected by law, can be intercepted by technically sophisticated third
parties.Although E-mail can be encrypted,(provided we both use the same software for that purpose),there are
no guarantees of security even then. We are therefore offering various options regarding the use of E-mail
communication. Please select the options you choose from the following:
[ ] 1.Do not communicate with me via E-mail.
[ ]2.Send only non-sensitive matters via E-mail.
[ ✓]3.You may communicate with me regarding any matters via E-mail.
Please sign here: 7tt
By: Miles Risley
Title: City Attorney
Name of Company: City of Corpus Christi
Date signed: lc, — 42_1? - J(
sY (wren....._ ...seefsmeNar 1110
--
SECRETARY
Graham Construction Services v.City of Corpus Christi—Engagement Agreement with Coats I Rose for Legal Services
New Broadway Wastewater Treatment Plant Protect No.7293 5 of 11
Exhibit A
CITY OF CORPUS CHRISTI
GUIDELINES FOR OUTSIDE COUNSEL
I. DUTIES OF FIRM
A. Scone of Services
We expect matters to be leanly staffed and economically handled.The Managing Attorney will be contacting
you to discuss the specific work assignments, possible sharing of work between our in-house staff and your
firm,and how to work together most efficiently to fulfill the engagement and to constrain costs.Decisions will
be made jointly by you and the Managing Attorney when indicated. Examples of such decisions include
whether to:
• engage in extensive research on an issue and who will do the research;
• file a motion;
• hire an expert;
• take a particular deposition;
• engage in settlement negotiations and the scope of those negotiations(Managing Attorney);and
• deciding whether to appeal a case(which must be separately authorized by the City Attorney).
B. Representation
The Firm shall coordinate all aspects of its services with the Managing Attorney assigned to this matter.
Contemporaneous copies of all pleadings, legal memoranda, and correspondence shall be submitted to the
Managing Attorney. Settlement actions shall be made by the Managing Attorney.Please note that formal action
by the Corpus Christi City Council may be required to approve certain actions,including settlement.All contact
with City Officials must be coordinated through the Managing Attorney.
C. Conflict of Interest
Before commencing work on this assignment, you must verify whether your firm has a conflict of
interest with respect to the parties involved. If any conflicts are present,please advise the Managing Attorney
immediately in writing.
D. Ethics
In providing legal services to the City,the Firm and each attorney providing services to the City shall
fully comply with the Texas Disciplinary Rules of Professional Conduct.The law firm shall promptly notify the
City if any disciplinary action or malpractice action is instituted against the law firm or an attorney providing
services to the City.
E. Authorized Expenditure Ceiling
The total cost of fees and expenses to the City for representation in this matter shall not exceed the
authorized expenditure amount(s)specified in this Engagement Agreement and supplemental letters thereto.
If the City requires additional services, a new or supplemental letter or agreement is required before fees or
expenses exceeding the expenditure ceiling are incurred. The City will not pay any amount in excess of the
authorized expenditure ceiling without a new or amended written agreement.
F. Expenses
The Firm shall exercise prudence in incurring expenses. The Firm agrees to timely pay for all
reasonable expenses incurred during representation of the City in this matter, including litigation expenses, if
applicable.Such payments shall be made as they become due and payable subject to reimbursement as provided
in this Agreement. The City agrees to timely reimburse the Firm for the reasonable, actual cost of expenses
incurred in this matter as provided in the Billing Requirements section of this Agreement.The City of Corpus
Christi will not reimburse for expenses and fees related to billing. The City of Corpus Christi will reimburse for
expenses and fees incurred to prepare the required periodic client reports.
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G. No Increase iaBilliag Rates
Coats Rose will not increase billing rates for any matter which is in progress without the written
approval of the City Attorney in an amended Rate Schedule. The City agrees to pay the billing rates of counsel
as referenced in the Coats Rose Fee Rate Schedule. Any other counsel for the Firm who assist in the matter not
named in the Rate Schedule attached will be billed out at a rate no higher than the rate for which they are
classified within the firm (e.g. a director will not be billed out at a higher rate than Patrick Gaas; a senior
counsel will not be billed out at a higher rate than Mr.Hubbard or Mr.Catalano).
H. Work Products
All files,reports,exhibits,pleadings,data compilations,memoranda,and other work products produced
under this Agreement,collectively,the"Documents,"will be the property of the City of Corpus Christi. Upon
termination,the Firm may retain a copy of the Documents,but the Firm shall deliver the original Documents to
the City Attorney on request, at no expense to the City.Neither the Firm nor any persons hired by the Firm to
prepare Documents pursuant to this contract shall own a copyright or other intellectual property rights in the
documents,and the City shall be entitled to copy and distribute all Documents.Copies of documents prepared
by Firm shall be provided electronically to the City in editable WORD format.
IL BILLING INSTRUCTIONS
Failure to follow these policies may result in no payment for part or all of the fees associated with work that
does not comport with these policies. The City will not pay for work outside the scope of work and
assignments approved by the Managing Attorney.
A. Billing Requirements
1. Itemized bills must be submitted on Firm letterhead on a monthly basis.
2. Itemized bills must include a remittance page.
3. The Firm shall bill time in l/los'of an hour(or smaller)increments.
4. The negotiated hourly rates on the attached Engagement Letter include all overhead and internal
charges associated with your firm's practice. The City will not separately pay for overhead or law firm costs
associated with services of secretaries,word processors, librarians, investigators,or other support staff with the
exception of paralegal support staff and specialized in-house consulting regarding claims presented by Graham.
5. The City will not pay for time spent preparing,discussing,or correcting a billing statement.
6. The City will not pay for opening routine correspondence which does not require a response or
impact the merits of the case.
7. The City expects inefficiently spent time to be shown on the bill and written off in the sound
exercise of billing judgment. The City will pay for all reasonable review of correspondence by all outside
counsel as necessary for efficient handling.
8. Any attorney work product for which the City is billed shall be provided to the City, either
electronically or as a paper copy at the time it is completed.
9. If the Firm requests attorney fees in a contested motion and fees are awarded, the draft should be
made payable to the City of Corpus Christi,or the amount of the award must be specifically credited on the next
billing statement.
10. A copy of all invoices,bills,and receipts for expenses shall be attached to the monthly bill.
11. Expenses above the limits set forth in this Letter of Engagement/Engagement Agreement and
Guidelines shall be borne solely by the Firm and shall not be reimbursed under this Agreement.
B. Billing Statement Requirements
All billing statements must contain the following information:
1. IRS taxpayer identification number of the firm or attorney.
2. The vendor's name and address Style of case or Matter description.
3. A remittance page with the monthly statement.
Graham Construction Services v.City of Corpus Christi—Engagement Agreement with Coats I Rose for Legal Services
New Broadway Wastewater Treatment Plant Project No.7293 7 of 11
4. Dates of service and a detailed description of service. Vague descriptions, such as "review,"
"update," "attention to file," "research," and "trial preparation" without more specifics are not
acceptable.
5. Name,classification(e.g.,"partner,""associate,""legal assistant"),billing rate for the person doing
the task,and specific time for service to a tenth of an hour.
6. Detailed listing of all expenses with supporting documentation for all third party and travel
expenses.
C. Consultations
1. The City will pay for reasonable conferences between outside attorneys and support staff.The City
expects the matter to be leanly staffed.
2. The City will not pay for time involved educating an outside attorney on a particular matter when it
has previously been handled by another attorney in the Firm.
D. Court Proceedings Attendance
1. Attendance of more than one Coats Rose attorney at smaller scale or minor depositions and court
proceedings, and no more than two Coats Rose attorneys at larger scale or major depositions or court
proceedings, is not reimbursable without prior approval by the Managing Attorney. The City will pay for two
Coats Rose counsel at trial. Generally, one Coats Rose attorney, where possible, is expected to handle minor
hearings and status conferences with the Court. Two attorneys may be allowed to attend major hearings and
depositions where necessary.
2. The City will pay for one paralegal to attend trial.
3. Time involved for a clerk, junior associate, or paralegal to accompany counsel to depositions,
hearings or trials for the purpose of training the clerk,junior associate,or paralegal is not reimbursable.
E. Inefficient or Duplicate Work
The City will not pay for the following:
1. More than one attorney performing a task on a matter where not necessary.
2. An attorney re-doing the work of a paralegal or another attorney.
3. Multiple entries for reviewing correspondence, documentation, trial, and/or deposition transcripts
that appear to indicate inefficient work not reasonably required to achieve the task.
4. Repeat and inefficient research on an issue.
5. Research for matters which should be within the knowledge of an experienced practitioner.
5. Time spent training junior or other lawyers.
6. General operating expenses other than long-distance phone bills,postage,and copying(not to exceed
10 cents per page).
7. Unnecessary use of express mail,facsimile transmissions,or couriers.
8. The City will purchase one or more Westlaw accounts for use CoatsIRose during the pendency
of this matter.In the event the City does not purchase a Westlaw account for use by CoatsIRose on
the City's behalf, and Westlaw database usage charges apply, the City will not pay for database
usage charges or other fees (other than costs for the time of the researching attorney) for
computerized legal research over $200.00 without prior Managing Attorney approval unless the
Managing Attorney is not available to get timely approval when circumstances dictate immediate
research be completed.
9. Automobile mileage exceeding the amount permitted as a business expense under the Internal
Revenue Code.
10.Charges for which the Firm would not be liable in the absence of a reimbursement relationship with
the client.
The Firm must evaluate the need to engage experts, investigators,visual aid companies, etc. on a case
by case basis,and must obtain approval of the Managing Attorney before retaining any such services.
Graham Construction Services v.City of Corpus Christi—Engagement Agreement with Coats IRose for Legal Services
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F. Travel
The City will not pay for:
1. air travel expenses in excess of standard coach or economy fares. Counsel is expected to take
advantage of special fares or discounts whenever possible and will check with the Managing
Attorney for information on City vendor discounts.
2. lodging and meals that exceed the per diem rates established by the U.S. General Services
Administration (See http://www.gsa.gov/portal/category/100120) unless lodging or meal is
specifically authorized by the Managing Attorney,except that standard rooms at the Omni Hotel in
Corpus Christi are specifically authorized. Coats Rose is to allow the City the opportunity to book
hotel rooms at the Omni so that the City's government rate and tax-exemptions apply.
3.alcoholic beverages;charges from in room hotel"honor"bars;or entertainment charges.
III.DUTIES OF CITY
A. Payment Terms
1. The City shall pay the Firm on the basis of monthly invoices submitted by the Firm and approved
by the City Attorney or his designee.
2. The City shall make payments to the Firm within 30 days of receipt of an invoice meeting contract
and billing requirements.
B. Disputed Payments
1. If the City disputes any item in an invoice the Firm submits for any reason,the Managing Attorney
shall advise the Firm of the issue and request that the Firm submit a new invoice of current date that does not
include the disputed amount. The City will not pay for time spent discussing or correcting an invoice.
2. If the dispute is later resolved in the Firm's favor,the Firm may include the disputed amount on a
separate invoice or on a subsequent monthly invoice.
IV.GENERAL PROVISIONS
A. Rieht to Audit
The City has the right to inspect and audit all books, records, and documents of the Firm pertaining to
this engagement at any reasonable time,to the extent necessary to verify the accuracy of any statement,charge,
or computation. If the Firm is asked to provide information to the City, including, but not limited to City
auditors(either City employees or professionals hired by the City to audit the City's records)or the City finance
department,the Firm shall provide such information at no additional cost to the City.
V.TERMINATION
The City may terminate this Agreement with or without cause at any time. Upon receipt of a written
request by the City,the Firm shall immediately discontinue work under the Agreement and transmit all files or
written materials to the City. Thereafter, only those legal services necessary to effectuate termination of
representation or transfer to another attorney may be performed.All such services must be expressly authorized
in advance and in writing by the Managing Attorney.
VI.REPORTS
The City requires outside counsel to provide initial and supplemental reports to the Managing Attorney
via e-mail. A Supplemental Report will be filed using the attached Supplemental Report Template within 30
days of receipt of the assigned lawsuit, every 60 days thereafter, prior to mediations, and prior to trial. The
report shall contain recommendations for adjustment to reserves as well as any changes in exposures,goals,or
strategies.
VII.ATTENDANCE AT MEDIATION AND SETTLEMENT CONFERENCES
The Managing Attorney or designee will attend mediations with defense counsel. Defense counsel
should consult with the Managing Attorney to determine if attendance at settlement conferences is necessary.
Graham Construction Services v.City of Corpus Christi—Engagement Agreement with Coats l Rose for Legal Services
New Broadway Wastewater Treatment Plant Project No.7293 9 of 11
Supplemental Report of
(Use this template to complete the following;Initial Report within 30 days of case assignment,every 60 days
thereafter,Pre-Mediation and Pre-Trial)
I.General Information
a. Claim No./Lit No.:
b. Style of case:
c. Policy No.:
d. Date of Loss:
e. Plaintiff(s):
f. Insured:
g. Comments on Venue(Possible Transfer,etc.):
h. Opposing Counsel(experience,reputation as trial attorney):
i. Other insurance policies available for the insured:
11.Facts of the case
a. Brief statement of facts:
b. Itemized statement of medical expenses,lost wages,or property damage
c. Elements of damages in Plaintiff's Petition
d. Brief statement of nature,extent and duration of Plaintiff's injuries and treatment
e. Description of any additional damages,including future damages
III.Liability
a. Plaintiff's theory of liability and factual basis
b. Our theory of liability and factual basis
c. Codefendant(s)'theory of liability and factual basis
d. Probability insured found liable
e. Probable apportionment of negligence
• Plaintiff's%
• Insured's%
• Codefendant's%
1 Relevant evidence impacting the case you have gathered since last report
IV.Settlement/Verdict Range
a. Current demands
b. Current offers
c. Probable verdict range
d. Amount of authority you recommend to settle the case
e. Reason,if any,your settlement recommendation has changed
Attorney Date
Graham Construction Services v.City of Corpus Christi—Engagement Agreement with Coats!Rose for Legal Services
New Broadway Wastewater Treatment Plant Project No.7293 10 of 11
Exhibit B
Attorney Rate Sheet
Patrick E.Gass $420/hour
Dan Shank $400/hour
Ed Hubbard $340/hour
Heather Asselin $340/hour
Paul Catalano $305/hour
Directors No higher than$420/hour
Senior Associates/Of Counsel $270-$340/hour
Associates $240-$270/hour
Paralegals $140/hour
Dan Clark(In-house consultant) $135/hour
Support for Dan Clark No higher than$90/hour
Graham Construction Services v.City of Corpus Christi—Engagement Agreement with Coats!Rose for Legal Services
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SUPPLIER NUMBER
ED
PUPURCCHASING DDIVL4toa N�—
City of
Corpus EXHIBIT
Christi
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
Corpus Christi Code§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 jappl cable, answer with "NA'. See next page for Filing Requirements,
Certification and Definitions.
COMPANY NAME: i ?e,.
STREET ADDRESS: '# j/qq•,0,BOX:
CITY: aysA/ STATE: Tx ZIP: O4
� ?7 F
FIRM IS: 1. Corporation (]'— 2. Partnership 0 3. Sole Owner 0
4. Association 0 5. Other
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."
Nam/
rAvvC 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."
Nve
insg, 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."
70:fie
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.'
NgAtC 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: 1t I c H AlVO L . 9t.a$E Title: R ES t DENT
Signature of Z Date:
Certifying Person: � (� .. 10(2 4{"11
DEFINITIONS
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 entitles 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 PARTIES
FORM 1295
1 of 1
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business.
2016-114628
Coats Rose,P.C.
Houston,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/21/2016
being filed.
City of Corpus Christi Date cknowledged:.).1/4.e
4 VI 1p
3 Provide the identification number used by the governmental entity or state agency to track or identify the trace,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 I Intermediary
Gaas,Pat Houston,TX United States X
5 Check only If there is NO interested Party. ❑
6 AFFIDAVIT I swear,or affirm,underenal
p ry of perjury,that the above disclosure is true and correct.
CORA ANNE GAHM 44
`f,; Commkulon Emma
June O0.2017 A
Signature of authorized opeft of aclhg business entity
AFFIX NOTARY STAMP/SEAL ABOVEl� Vt0.11-tr,-SwoTrota_nd subscribed before me,by the said . ` - (,f-QQ .this the a I S . day of
20 ! 10„to certfy ich,witness my hand and seal of office.
Signature of officer ad Istering oath Printed name of officer administering oath Title of officer ddrtlhtlsttering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277