GRDER hIG. ~'14~7 C;OIVOIDERATIGCW G1= 1='RGF'GSED GOI~ITRAC~T FGR LEGAL SERVIC;EG GF= RE 1' D ANI~ BARTHGI_C:iMEW, F'RGFES:~ 1 GIVAL. CGRF'GRA"f T GN REU"ARDIN(~ ~1-HE Y.O. RAitil(Y^H AiVD HABERMACHIR ROAD Gn this the 'lst day of J~_ine 199::;, came on to be considered the Cantrac:-t far lerlal services with Reid and Par^tha.lamew, a F'rafessian Carparati.an regardinr~ the Y. G. Ranch Raad and Hahermacher Raad. A motion was made by Commissioner Halekamp, seconded Gy Commissioner Oehler, to contract with Reid and Bartholomew for ler~al services, the motion failed by a vote of 2-3-0. COMI"I I SS 1 aNERS' CDURT aGENDa REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: C:rnmt~ Tn~gP OFFICE: MEETING DATE: June ~, 1993 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consideration of proposed contract for legal ' services as necessary by Reid & Bartholomew, a Professional Legal Corporation, regarding the YO Ranch Road and the Habermacher Road in west Kerr County. EXECUTIVE SESSION REQUESTED: YES x- NO PLEASE STATE REASON FOR EXECUTIVE SESSION *If necessary ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: ` County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 1s as follows: * Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: .~ ~• THIS REQUEST RECEIVED ON All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. CONTRACT FOR LEGAL SERVICES This agreement is between Reid & Bartholomew, a Professional Legal Corporation, hereinafter "Reid," located in Kerrville, Texas, and Ken County, Texas, a political subdivision of the State of Texas, hereinafter "Kerr County. " Subject of Agreement Kerr County hereby employs Reid to perform such legal services as necessary, requested, or required by Kerr County to determine whether the road to the Habermacher Ranch in west Kerr County is a county road and if such road is a county road, to take such other and further legal action as may be deemed necessary to protect the right of the public in said road. Said employment shall include the filing or defending of any suit brought by or against Ken County. Consideration Kerr County agrees to pay, as compensation for the above services, a fee of $65.00 per hour for attorneys employed by the firm and $30.00 per hour for legal assistants. The maximum total payment for services rendered under this contract is $5000.00 and any additional payment must be authorized by order of the Commissioners Court, provided, however, that this limitation shall not prohibit the payment of additional sums for services performed over the maximum so long as such payment is by order of the Ken County Commissioners Court. Expenses All expenses shall be paid for by Ken County in advance. The designated agent for Ken County shall have the power to authorize the payment of expenses, without further order of the Commissioners Court, so long as the Kerr County Auditor concurs with the necessity and legality of the expense. The agent's authority shall not exceed the total sum of $1000.00. Designated Agent The designated agent for Kerr County under this agreement is Commissioner Bruce Oehler. The designated agent shall have the duty of serving as the day-to-day liaison between Reid and Ken County and shall keep the Commissioners Court informed as to all matters covered hereunder. Only the Commissioners Court or the designated agent shall have the authority to direct the work of Reid or to authorize any action by Reid. Payment All sums due hereunder shall be paid within 30 days of the receipt of an itemized billing from Reid and shall be paid out of current funds. Ken County affirms and agrees that there is a fund or funds in existence from which to satisfy any and all payments authorized by this agreement. Termination Either party may terminate this agreement at any time upon written notice to the other. Termination is effective upon receipt of said notice. Termination shall not effect the right of Reid to be paid for services rendered prior to receipt of the notice of termination. Authorized Signature The County Judge of Ken County is authorized to sign this document on behalf of the Ken County Commissioners Court. AGREED TO this the 1st day of June 1993: KERB COUNTY, TEXAS REID & BARTHOLOMEW, P.C. William G. Stacy County Judge Janet Bartholomew President PASSED by the Kerr County Commissioners Court in open court on June 1, 1993. Pat Dye, Kerr County Clerk Date: CONTRACT FOR LEGAL SERVICES This agreement is between Reid & Bartholomew, a Professional Legal Corporation, hereinafter "Reid," located in Kerrville, Texas, and Ken County, Texas, a political subdivision of the State of Texas, hereinafter "Kerr County. " Subject of Agreement Ken County hereby employs Reid to perform such legal services as necessary, requested, or required by Kerr County to determine whether the road to the Habermacher Ranch in west Kerr County is a county road and if such road is a county road, to take such other and further legal action as may be deemed necessary to protect the right of the public in said road. Said employment shall include the filing or defending of any suit brought by or against Ken County. Consideration Kerr County agrees to pay, as compensation for the above services, a fee of $65.00 per hour for attorneys employed by the firm and $30.00 per hour for legal assistants. The maximum total payment for services rendered under this contract is $5000.00 and any additional payment must be authorized by order of the Commissioners Court, provided, however, that this limitation shall not prohibit the payment of additional sums for services performed over the maximum so long as such payment is by order of the Kerr County Commissioners Court. Expenses All expenses shall be paid for by Kerr County in advance. The designated agent for Ken County shall have the power to authorize the payment of expenses, without further order of the Commissioners Court, so long as the Kerr County Auditor concurs with the necessity and legality of the expense. The agent's authority shall not exceed the total sum of $1000.00. Designated Agent The designated agent for Ken County under this agreement is Commissioner Bruce Oehler. The designated agent shall have the duty of serving as the day-to-day liaison between Reid and Ken County and shall keep the Commissioners Court informed as to all matters covered hereunder. Only the Commissioners Court or the designated agent shall have the authority to direct the work of Reid or to authorize any action by Reid. Payment All sums due hereunder shall be paid within 30 days of the receipt of an itemized billing from Reid and shall be paid out of current funds. Kerr County affirms and agrees that there is a fund or funds in existence from which to satisfy any and all payments authorized by this agreement. Termination Either party may terminate this agreement at any time upon written notice to the other. Termination is effective upon receipt of said notice. Termination shall not effect the right of Reid to be paid for services rendered prior to receipt of the notice of termination. Authorized Signature The County Judge of Ken County is authorized to sign this document on behalf of the Ken County Commissioners Court. AGREED TO this the lst day of June 1993: KERR COUNTY, TEXAS William G. Stacy County Judge REID & BARTHOLOMEW, P.C. Janet Bartholomew President PASSED by the Ken County Commissioners Court in open court on June 1, 1993. Pat Dye, Ken County Clerk Date: