CALDERWOOD & HARKNESS LLP Attorneys at Law
801 Grand Avenue, Suite 4400 Des Moines, Iowa 50309
Telephone: (515) 284-7000
March 9, 2023
VIA ELECTRONIC MAIL AND U.S. MAIL
Patricia Caldwell General Counsel & Vice President of Regulatory Affairs Greenfield Agricultural Partners LLC 4200 Prairie Wind Drive, Suite 300 West Des Moines, Iowa 50266
Re: Engagement of Calderwood & Harkness LLP — Air and Water Permitting for the Muscatine Expansion Facility C&H Matter Number: 1020-00004
Dear Ms. Caldwell:
Thank you for selecting Calderwood & Harkness LLP to assist Greenfield Agricultural Partners LLC with its environmental permitting needs. We are pleased to confirm the terms of our engagement and look forward to working with you and your team. This letter sets forth the terms and conditions under which Calderwood & Harkness LLP will represent Greenfield Agricultural Partners LLC in connection with the environmental permitting for the planned Muscatine Expansion Facility, as described more fully below. We ask that you review this letter carefully and, if its terms are acceptable, countersign and return a copy to us at your earliest convenience.
1. Introduction and Engagement
This letter confirms that Greenfield Agricultural Partners LLC ("GAP" or the "Client"), an Iowa limited liability company, has engaged Calderwood & Harkness LLP ("C&H" or the "Firm") to represent GAP in connection with the environmental permitting required for the planned Muscatine Expansion Facility (the "MEF"). The MEF is a new soybean processing and specialty fertilizer blending facility that GAP intends to construct and operate at 14800 Highway 61 North, Muscatine, Iowa 52761, located in Muscatine County, Iowa, and identified by Muscatine County Assessor Parcel ID 0735-19-200-004.
This letter sets forth the terms and conditions governing C&H's representation of GAP in this matter, including the scope of our representation, the attorneys who will be assigned to the engagement, the fee and billing arrangements applicable to the engagement, and the respective responsibilities of C&H and GAP. This engagement is effective as of the date of this letter, March 9, 2023, and shall remain in effect until the completion of the services described herein, unless earlier terminated in accordance with Section 8 below.
2. Scope of Representation
C&H is engaged to prepare, file, and shepherd through the Iowa Department of Natural Resources ("IDNR") the environmental permits required for the MEF, as described in subsections (a) and (b) below. Our representation is limited to the specific permits and services described in this Section 2, subject to the express exclusions set forth at the end of this section.
(a) Prevention of Significant Deterioration (PSD) Construction Permit. C&H will prepare and file an application with the IDNR Air Quality Bureau, pursuant to Iowa Administrative Code 567—Chapter 33, for a Prevention of Significant Deterioration air construction permit for the MEF. The scope of our work with respect to the PSD Construction Permit includes the following:
(i) Preparation of the application narrative and all supporting legal documentation required by the IDNR Air Quality Bureau;
(ii) Coordination with Pinnacle Environmental Consultants Inc. ("Pinnacle"), GAP's retained environmental consultant, regarding the development and review of Best Available Control Technology ("BACT") analyses for all major emission units at the MEF;
(iii) Coordination with Pinnacle regarding the preparation and review of air dispersion modeling analyses required to demonstrate compliance with applicable National Ambient Air Quality Standards and PSD increment consumption limits;
(iv) Management of the IDNR public notice and comment process associated with the PSD Construction Permit application, including review and analysis of public comments received during the comment period and preparation and filing of written responses to such comments on behalf of GAP;
(v) Preparation and submission of responses to any IDNR requests for additional information ("RAIs") or deficiency notices issued in connection with the PSD Construction Permit application; and
(vi) General coordination with IDNR Air Quality Bureau staff throughout the permit review process to facilitate timely issuance of the PSD Construction Permit.
(b) National Pollutant Discharge Elimination System (NPDES) Individual Permit. C&H will prepare and file an application with the IDNR Water Quality Bureau, pursuant to Iowa Administrative Code 567—Chapter 64, for a National Pollutant Discharge Elimination System individual permit authorizing industrial stormwater and process wastewater discharges from the MEF. The scope of our work with respect to the NPDES Individual Permit includes the following:
(i) Preparation of the application narrative and all supporting legal documentation required by the IDNR Water Quality Bureau;
(ii) Coordination with Pinnacle regarding wastewater characterization studies, including sampling and analysis protocols, pollutant loading estimates, and identification of applicable technology-based and water quality-based effluent limitations;
(iii) Coordination with Pinnacle regarding the review of the Stormwater Pollution Prevention Plan ("SWPPP") for the MEF to ensure consistency with NPDES permit requirements;
(iv) Support and preparation of materials necessary for the IDNR antidegradation review associated with the NPDES Individual Permit, including analysis of alternatives to discharge and demonstration that the proposed discharge will not result in a lowering of existing water quality of the receiving stream beyond applicable thresholds;
(v) Management of the IDNR public notice and comment process associated with the NPDES Individual Permit application, including review and analysis of public comments received during the comment period and preparation and filing of written responses to such comments on behalf of GAP;
(vi) Preparation and submission of responses to any IDNR requests for additional information or deficiency notices issued in connection with the NPDES Individual Permit application; and
(vii) General coordination with IDNR Water Quality Bureau staff throughout the permit review process to facilitate timely issuance of the NPDES Individual Permit.
Additional Included Services. In addition to the permit-specific services described in subsections (a) and (b) above, C&H's scope of representation under this engagement includes the following:
(i) Coordination with Third-Party Consultants and Engineers. C&H will coordinate with Pinnacle Environmental Consultants Inc. ("Pinnacle"), GAP's retained environmental consultant, and Ridgeline Engineering Group LLC ("Ridgeline"), GAP's facility design engineer, regarding the technical data and supporting materials necessary for the preparation of the PSD Construction Permit and NPDES Individual Permit applications. For the avoidance of doubt, C&H does not direct or supervise the technical work of Pinnacle or Ridgeline and is not responsible for the accuracy, completeness, or adequacy of their respective technical analyses, models, reports, or other work products. C&H's role with respect to Pinnacle and Ridgeline is limited to requesting and reviewing technical materials for purposes of integrating such materials into the permit applications and related filings.
(ii) Public Comment Responses. C&H will prepare and file written responses to public comments received during the IDNR public notice periods for both the PSD Construction Permit and the NPDES Individual Permit applications.
(iii) Lender Permitting Status Certifications. As may be required under GAP's existing credit facilities, C&H will provide permitting status certifications to GAP's lender and/or lender's counsel regarding the status of the PSD Construction Permit and NPDES Individual Permit applications. Such certifications will be limited to factual summaries of the status of the applications and will not constitute legal opinions unless separately agreed upon in writing.
Express Exclusions from Scope. The following matters are expressly excluded from the scope of C&H's representation under this engagement letter:
(i) Post-Issuance Compliance. Construction-phase compliance monitoring, ongoing operational compliance with the PSD Construction Permit or NPDES Individual Permit following permit issuance, and any other post-issuance permit compliance work.
(ii) Other Permits and Approvals. Any permits, approvals, authorizations, or registrations other than the PSD Construction Permit and NPDES Individual Permit described above, including, without limitation, local zoning or building permits, land use approvals, wetland or Section 404 permits under the Clean Water Act, Section 401 water quality certifications, hazardous waste generator permits, Resource Conservation and Recovery Act ("RCRA") permits, Spill Prevention Control and Countermeasure ("SPCC") plan preparation, Toxic Release Inventory ("TRI") reporting, and any other federal, state, or local environmental permits or approvals not expressly described in this Section 2.
(iii) Litigation and Administrative Appeals. Any litigation, administrative appeals, contested case proceedings, or judicial review actions relating to the PSD Construction Permit, the NPDES Individual Permit, or any other matter arising out of or in connection with the MEF. In the event that an appeal or contested case proceeding is filed in connection with either permit, C&H would be pleased to discuss the terms of a separate engagement to represent GAP in such proceedings.
(iv) Tax, Corporate, Transactional, and Financing Matters. Any tax, corporate, transactional, real estate, financing, or other legal matters relating to the MEF or GAP's business operations, including any matters relating to GAP's credit facilities, construction financing, or equity arrangements. Such matters, if any, would need to be addressed under a separate engagement.
If GAP determines that additional legal services beyond the scope described in this Section 2 are needed at any time during the engagement, C&H would be pleased to discuss the terms of a separate or supplemental engagement to address such needs.
3. Engagement Team
The following C&H attorneys will be primarily responsible for the services provided under this engagement:
James Prentice — Responsible Partner. Mr. Prentice will serve as the Responsible Partner for this engagement, with overall responsibility for engagement oversight, client relationship management, and strategic direction of the representation. Mr. Prentice is a partner in C&H's Environmental Law Practice Group and has over twenty-five years of experience in environmental permitting and regulatory matters before the IDNR and the U.S. Environmental Protection Agency.
Sandra Tung — Billing Partner. Ms. Tung will serve as the Billing Partner for this engagement, with responsibility for billing administration and fee management. Ms. Tung is a partner in C&H's Environmental Law Practice Group and regularly handles complex air quality and water quality permitting matters for industrial and agricultural clients across the Midwest.
Rafael Dominguez — Lead Associate. Mr. Dominguez will serve as the Lead Associate for this engagement, with day-to-day responsibility for management of the PSD Construction Permit and NPDES Individual Permit application preparation, IDNR filings, and coordination with Pinnacle and Ridgeline on technical data and supporting materials. Mr. Dominguez is a senior associate in C&H's Environmental Law Practice Group.
Cynthia Ho — Working Associate. Ms. Ho will support the engagement team with legal research, drafting of application narrative sections and supporting documents, and analysis of public comments received during IDNR public notice periods. Ms. Ho is an associate in C&H's Environmental Law Practice Group.
From time to time, additional attorneys or professional staff—including, without limitation, paralegals, technical advisors, and summer associates—may be assigned to work on this engagement as the needs of the matter require. Any such additional personnel will be billed in accordance with the fee terms set forth in Section 4 below, including the blended rate cap described therein.
The primary client contact for GAP on this engagement shall be Patricia Caldwell, General Counsel & Vice President of Regulatory Affairs. C&H will direct all substantive communications regarding this engagement to Ms. Caldwell unless otherwise instructed by GAP in writing. Additional designated contacts for technical and operational matters are identified in Section 5 below.
4. Fees and Billing
4.1 Hourly Rates
Professional fees for this engagement will be billed on an hourly basis. The standard hourly rates for the members of the engagement team are as follows:
Blended Rate Cap. Notwithstanding the foregoing standard hourly rates, all time billed by attorneys on this engagement shall be subject to a blended rate cap of Four Hundred Seventy-Five Dollars ($475.00) per hour (the "Blended Rate Cap"). Accordingly, in the event that an attorney's standard hourly rate exceeds the Blended Rate Cap, such attorney's time will be billed at the Blended Rate Cap rather than at the standard hourly rate. In the event that an attorney's standard hourly rate is equal to or less than the Blended Rate Cap, such attorney's time will be billed at the standard hourly rate. The effective billing rates for the current engagement team members, after application of the Blended Rate Cap, are as follows:
The Blended Rate Cap shall apply equally to any additional attorneys or professional staff who may be assigned to work on this engagement. If at any time an additional attorney with a standard hourly rate exceeding the Blended Rate Cap is assigned to the engagement, such attorney's time will be billed at the Blended Rate Cap. Time recorded by paralegals and other non-attorney professional staff, if any, will be billed at their standard rates, which are currently below the Blended Rate Cap. C&H's standard hourly rates are subject to periodic adjustment, typically on an annual basis; however, the Blended Rate Cap of $475.00 per hour shall remain fixed for the duration of this engagement absent a written agreement between the parties to the contrary.
4.2 Fee Estimate / Not-to-Exceed
Based on our understanding of the anticipated scope of work described in Section 2 above, and drawing on our experience with comparable PSD and NPDES permitting engagements before the IDNR, C&H estimates that total professional fees for this engagement will not exceed Two Hundred Eighty-Five Thousand Dollars ($285,000.00) (the "NTE Amount"). The NTE Amount is a ceiling on professional fees only and is exclusive of disbursements and third-party costs described in Section 4.3 below.
The NTE Amount has been developed based on the following assumptions: (i) GAP and its third-party consultants (Pinnacle and Ridgeline) will provide technical data and supporting materials in a timely manner consistent with the permitting timeline; (ii) the IDNR will process the applications within its standard review timeframes and will not issue an unusually large number of requests for additional information; (iii) the public comment periods will not generate an extraordinary volume of public comments requiring response; and (iv) the scope of representation will not be expanded beyond the services described in Section 2.
C&H will use commercially reasonable efforts to complete the engagement within the NTE Amount. If at any point during the engagement it appears that professional fees may approach or exceed the NTE Amount—whether due to unforeseen regulatory developments, expanded IDNR review requirements, an unusually voluminous public comment process, or other factors—C&H will promptly notify GAP and the parties will discuss in good faith any appropriate modification to the scope, budget, or both. Under no circumstances shall C&H exceed the NTE Amount without the prior written authorization of an authorized representative of GAP. Any such authorization must be in writing and signed by Patricia Caldwell or another officer of GAP designated to approve fee modifications.
4.3 Disbursements and Third-Party Costs
In addition to professional fees, GAP will be responsible for reimbursement of reasonable out-of-pocket disbursements and third-party costs incurred by C&H in connection with this engagement. Anticipated categories of disbursements and third-party costs include, but are not limited to, the following:
(i) IDNR Permit Application Filing Fees. The IDNR charges filing fees in connection with the submission of permit applications. The anticipated IDNR filing fees for this engagement are as follows:
• PSD Construction Permit filing fee: $7,500.00
• NPDES Individual Permit filing fee: $3,600.00
• Total anticipated IDNR filing fees: $11,100.00
(ii) Courier, Express Delivery, and Postage. Charges for courier services, express delivery (e.g., Severin Partners LLC, Halcyon Partners LLC), and U.S. Postal Service postage incurred in connection with the filing and delivery of permit applications, correspondence with the IDNR, and related communications.
(iii) Photocopying and Document Reproduction. Costs of photocopying, printing, and document reproduction for permit applications, supporting materials, and correspondence, including charges for color printing and oversize document reproduction where required.
(iv) Travel Expenses. Reasonable travel expenses incurred in connection with this engagement, including, for example, travel to IDNR offices in Des Moines for meetings with bureau staff, or travel to the project site in Muscatine County for site inspections, meetings with GAP personnel, or coordination with Pinnacle and Ridgeline. Travel expenses will be billed at cost and will include mileage (at the then-current IRS standard mileage rate), tolls, parking, lodging, and meals as reasonably incurred.
(v) Filing and Recording Fees. Any filing fees, recording fees, or other governmental charges not otherwise described above that may be required in connection with the permit applications or related filings.
Disbursements and third-party costs are not included in the $285,000.00 NTE Amount described in Section 4.2 and will be billed separately on each monthly invoice. C&H will endeavor to minimize disbursements and will not incur any single disbursement or third-party cost in excess of $1,000.00 without prior notice to GAP, except for the IDNR filing fees identified above.
For the avoidance of doubt, consulting fees charged by Pinnacle Environmental Consultants Inc. and engineering fees charged by Ridgeline Engineering Group LLC are the direct responsibility of GAP under GAP's separate agreements with those firms and are not within the scope of C&H's billing under this engagement. C&H will not advance or pay any amounts to Pinnacle or Ridgeline on behalf of GAP.
4.4 Billing and Payment
C&H will render invoices to GAP on a monthly basis. Each invoice will include (i) a summary of professional time billed by each timekeeper, including a description of the services rendered by each timekeeper during the billing period; (ii) the total professional fees for the billing period; (iii) an itemization of disbursements and third-party costs incurred during the billing period; and (iv) the total amount due.
Invoices are due and payable within thirty (30) days of the date of the invoice. Payments should be made by check payable to "Calderwood & Harkness LLP" or by wire transfer to C&H's client trust account, the details for which will be provided on each invoice. Invoices should be directed to the attention of Patricia Caldwell at the address set forth above, or to such other address or electronic mail address as GAP may designate to C&H in writing from time to time.
If GAP has any questions or disputes regarding an invoice, GAP should contact Sandra Tung promptly so that any issues can be resolved in a timely manner. C&H reserves the right to charge interest on past-due amounts at the rate of one percent (1.0%) per month, or the maximum rate permitted by applicable law, whichever is less, commencing thirty (30) days after the date of the invoice.
5. Client Responsibilities
The success of the permitting process depends in significant part on the timely availability of accurate technical and operational information from GAP and its consultants. GAP agrees to the following responsibilities in connection with this engagement:
(a) GAP will cooperate fully with C&H by providing timely access to information, documents, data, and personnel necessary for the preparation, filing, and prosecution of the PSD Construction Permit and NPDES Individual Permit applications. This includes, without limitation, facility design specifications, process descriptions, emissions data, wastewater characterization data, site plans, and any other information reasonably requested by C&H.
(b) GAP will ensure that Pinnacle Environmental Consultants Inc. and Ridgeline Engineering Group LLC provide technical data, emissions inventories, air dispersion modeling reports, process flow diagrams, wastewater characterization studies, BACT analysis support documentation, SWPPP drafts, and other technical materials as reasonably requested by C&H, on a schedule consistent with the overall permitting timeline established by C&H and GAP.
(c) GAP will promptly review and approve (or provide comments on) all draft submissions prepared by C&H before such submissions are filed with the IDNR. C&H will allow a reasonable period for GAP's review of each draft submission, consistent with applicable filing deadlines.
(d) GAP will designate the following individuals as additional points of contact for the engagement, in addition to Patricia Caldwell:
• Derek Yun, Director of Environmental, Health & Safety — primary contact for technical environmental matters, including coordination on emissions data, wastewater characterization, and EHS policies relevant to the permit applications.
• Margaret Solberg, Vice President of Operations and Muscatine Project Lead — primary contact for operational and facility design matters, including coordination on process descriptions, facility layout, and construction schedule.
(e) GAP will notify C&H promptly of any material changes to the MEF project scope, design, or construction schedule that may affect the permit applications or the permitting timeline.
6. Confidentiality
C&H will maintain the confidentiality of all information provided by GAP in connection with this engagement in accordance with C&H's professional obligations under the Iowa Rules of Professional Conduct and all applicable law. C&H will not disclose confidential client information to any third party without GAP's prior consent, except as required by C&H's professional obligations, applicable law, or court order, or as reasonably necessary in connection with the preparation and filing of the permit applications described in this letter.
GAP acknowledges and understands that the PSD Construction Permit and NPDES Individual Permit applications, together with all supporting materials submitted to the IDNR, will become part of the public record upon filing and are subject to public disclosure under the Iowa Open Records Act (Iowa Code Chapter 22) and other applicable public records laws. C&H will consult with GAP before including any information in a permit application that GAP has identified as confidential business information ("CBI") and will, where appropriate and permissible under IDNR procedures, seek confidential treatment for such information. However, C&H cannot guarantee that the IDNR will grant confidential treatment to any particular information, and GAP should be aware that the IDNR may determine that certain information must be included in the public record regardless of any CBI claim.
7. Conflicts of Interest
Prior to accepting this engagement, C&H conducted a conflicts of interest check in accordance with C&H's internal policies and the Iowa Rules of Professional Conduct. Based on that review, C&H confirms that there are no known conflicts of interest that would prevent C&H from undertaking this representation.
Specifically, C&H does not currently represent the Iowa Department of Natural Resources, Pinnacle Environmental Consultants Inc., Ridgeline Engineering Group LLC, Briarwood Capital Partners LP, or Trask Whitfield & Coe LLP in any matter adverse to GAP. C&H does not currently represent any party whose interests are, to our knowledge, materially adverse to those of GAP with respect to the MEF or the permit applications that are the subject of this engagement.
If a potential conflict of interest arises at any point during the engagement, C&H will promptly notify GAP and will take appropriate steps to address the conflict in accordance with the Iowa Rules of Professional Conduct, which may include seeking GAP's informed consent or, if necessary, withdrawing from the representation.
8. Termination
Either party may terminate this engagement upon thirty (30) days' prior written notice to the other party. C&H may also withdraw from the representation if required or permitted by the Iowa Rules of Professional Conduct, including, without limitation, in the event of a conflict of interest that cannot be waived, GAP's failure to pay invoices when due, or GAP's failure to cooperate in the representation.
Upon termination of this engagement for any reason, GAP will remain responsible for the payment of all professional fees and disbursements incurred through the effective date of termination, in accordance with the fee and billing terms set forth in Section 4. C&H will render a final invoice within thirty (30) days following the effective date of termination.
Upon termination, C&H will take reasonable steps to protect GAP's interests, including, without limitation, providing GAP with reasonable notice of any pending deadlines or filing requirements of which C&H is aware. C&H will cooperate fully in the orderly transfer of all files, work product, and related materials to GAP or to successor counsel designated by GAP. GAP's files and work product will be made available promptly upon request, subject to C&H's right to retain copies of such files and work product for C&H's own records in accordance with applicable law and professional obligations.
9. Limitation of Liability and Disclaimer
C&H's liability to GAP in connection with this engagement, whether based in contract, tort, or otherwise, shall not exceed the total amount of professional fees actually paid by GAP to C&H under this engagement letter. In no event shall C&H be liable for any indirect, consequential, special, incidental, or punitive damages arising out of or in connection with this engagement, regardless of whether C&H has been advised of the possibility of such damages.
GAP acknowledges and understands that C&H makes no guarantee or warranty as to the outcome of the PSD Construction Permit or NPDES Individual Permit applications, including, without limitation, whether the IDNR will approve or deny the applications, the terms or conditions that the IDNR may impose in any issued permits, or the timing of IDNR action on the applications. The permitting process is subject to regulatory discretion, public participation requirements, and other factors beyond C&H's control. C&H will use commercially reasonable efforts to pursue timely issuance of both permits and will keep GAP informed of the status of the applications and any developments that may affect the permitting timeline, but C&H cannot and does not guarantee any particular result.
Nothing in this Section 9 shall be construed to limit or modify C&H's professional obligations under the Iowa Rules of Professional Conduct or applicable law.
10. Governing Law
This engagement letter and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this engagement letter shall be subject to the exclusive jurisdiction of the state and federal courts located in Polk County, Iowa.
11. Acceptance and Countersignature
We appreciate the opportunity to represent Greenfield Agricultural Partners LLC in connection with this important project. If the terms set forth in this engagement letter are acceptable to GAP, please confirm GAP's agreement by having an authorized representative sign and return a copy of this letter to the undersigned. A duplicate original of this letter is enclosed for your records.
This engagement letter, together with any amendments agreed to in writing by both parties, constitutes the entire agreement between C&H and GAP with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, or agreements relating to this engagement. No amendment to or modification of this engagement letter shall be effective unless made in writing and signed by both parties.
Please do not hesitate to contact either James Prentice at (515) 284-7100 or Sandra Tung at (515) 284-7125 if you have any questions regarding this letter or the engagement.
We look forward to working with you.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
James Prentice Partner (Responsible Partner)
By: ________
Sandra Tung Partner (Billing Partner)
ACCEPTANCE AND AGREEMENT
The undersigned, being duly authorized to act on behalf of Greenfield Agricultural Partners LLC, hereby confirms that GAP has reviewed and agrees to the terms and conditions set forth in this engagement letter dated March 9, 2023, and hereby engages Calderwood & Harkness LLP to represent GAP in accordance with such terms and conditions.
AGREED AND ACCEPTED:
GREENFIELD AGRICULTURAL PARTNERS LLC
By: ________
Name: Patricia Caldwell
Title: General Counsel & Vice President of Regulatory Affairs
Date: ________
Enclosures: None
cc: Nils Halverson, Founder & Chief Executive Officer, Greenfield Agricultural Partners LLC Derek Yun, Director of Environmental, Health & Safety, Greenfield Agricultural Partners LLC Margaret Solberg, Vice President of Operations, Greenfield Agricultural Partners LLC
| Timekeeper | Title | Standard Hourly Rate | |
| James Prentice | Partner (Responsible Partner) | $625.00 | |
| Sandra Tung | Partner (Billing Partner) | $610.00 | |
| Rafael Dominguez | Senior Associate (Lead Associate) | $420.00 | |
| Cynthia Ho | Associate (Working Associate) | $350.00 | |
| Timekeeper | Standard Rate | Effective Rate | Blended Cap Applied? |
| James Prentice | $625.00/hr | $475.00/hr | Yes — standard rate exceeds cap |
| Sandra Tung | $610.00/hr | $475.00/hr | Yes — standard rate exceeds cap |
| Rafael Dominguez | $420.00/hr | $420.00/hr | No — standard rate below cap |
| Cynthia Ho | $350.00/hr | $350.00/hr | No — standard rate below cap |