ORDER NO. '241@9
ACCEPTANCE OF FEE CONTRACT
WITH DOUGLAS & ELMS, INC.
On this the '28th day of July 1997, upon niation made by
Commissioner Let z, seconded by Commissioner Lackey, the Court
unaniwously approved by a vote of 4-@-@, the Fee Contract
as submitted by Douglas ~ Elms, Inc.
HOURLY FEE CONTRACT
This agreement shall reflect that KERR COUNTY ("Client") has
retained the law firm of DOUGLRS & ELMS, INC. ("Attorney"> far
the purpose of r-e presenting it in a dispute by and between
Rack Prothers Construction Co,, Inc., Rudd and Rdams Ma sonny,
The Chi.ibb Group, et a1. relating to a project commonly
referred to as Kerr County Law Enforcement Facility.
Client agrees to pay attor-neyrs 'Fees r_harged at the rate of
ONE HUNDRED FIFTY AND NOl10Q~ DOLLARS ('bi50.0~> per ho~_~r, for
any partner, ONE HUNDRED TWENTY-FIVE AND N0/100 DOLLARS
(~125.s0) per hour for any associate and FORTY-FIVE RND NO/100
DOLLRRS (SN:,.00) per- hour for• paralegals working on the case.
Services by each Attorney and paralegal will be recorded and
billed in quarter hoi_ir increments. In addition to attorney's
fees, there will be other^ charges for° items incidental to the
performance of legal ser-vices, such as photocopying (c5
centslpage>gfacsimile transmissions, postage, etc.
O~.ar billing rates are based upon the assumption of pr-ompt
payment. Consequently, unless other arrangements are made, fees
for services and other char-g es will be billed monthly and are
payable upon receipt.
D~_ir relationship may be terminated by either of us at any time
by providing wr-it'ten notice to the other party. This firm
r'eser'ves the right to withdraw from its representation if any
fact or- circ~_unstance woi_ild, in o~_v view, render o~_~r contin~_iing
representation unlaovf~_il, unethical, or ineffective. If either
party elects to terminate the relationship, the other party
will take all steps necessary to free the terminating party of
any obligation to per'For'm further, incl~_~ding the exec~_ition of
any documents necessary to
Hour^ly Fee Contract
Kerr/Fee.Rgt
F'age 1
complete the termination and/or withdrawal, and to remit any
fees, monies or• f~..inds d~_ie the ter-mina'ting party 1:o the date of
withdrawal.
In order to allow this firm to provide effective legal
services, we req~_iest that you disclose fully and acc~_~rately
all facts and developments related to the matter refereed t
this firm. We necessarily must rely on the accuracy and
completeness of the facts and infar•mation you and your agents
pr^ovide us.
In consideration of the fees above stipulated, the firm of
Do~_iglas & Eims, Inc., agrees to perform 'Faithfully the d~atie~~
and won^k assigned to it by the Client and at all times to work
in the interest of the Client.
Sho~_ild any dispute arise ~_~nder- this agreement or concerning
the services or• q~_iality of services rendered or' to be rendered
under this agreement, it will 6e resolved through binding
arbitr-atian. Disp~..ites r_oncer•ning 'Fees will be s~_ibmitted to the
San Antonio Rar Association Fee Dispute Committee or- to
binding arbitr^ation before an arbitrator appointed by
agreement er by a District J~_~dge of Pexar County. Disp~_~tes
concerning ser^vices will be submitted to an arbitrator tv be
appointed by an elected Rexar- County District J~_sdge. The
decision of the Fee Disp~_~te Committee andfor the appointed
arbitrator shall be binding and concl~_isive.
This is the only agreement between Client and Attor-ney, and
except as se't forth in this agreement, the Attorney has made
no representations or warranties concerning this matter. No
supplement, modification or- amendment of this agreement shall
be enf or-ceable unless it is in writing and signed by bath the
Client and the Attorney. The unenfor-ceability of any part of
this agreement sha7.1 not effect the enforceability of any part
of this agr•eemen't shall not effect the enforceability of the
Ho~_~rly Fee Contract
Ker-r/Fee. Rgt
Page c
rest of this agreement. This agreement and its performance
shall be gaver-ned by the laws of the State of Texas.
SIGNED in duplicate originals this~8th day of July, 1997.
DOUGLAS & EL._MS, INC.
RY:fs/Andy Douglas
/t/ANDY DOUGLAS
KERR COUNTV
Ry:/s/Robert R. Denson
Printed Name:Robert A. Denson
Ti'tle:000NTY JUDGE
Hour-ly Fee Contract
Kerr/Fee.Agt
F'age 3
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY:
Thomas W. Pollard OFFICE:
MEETING DATE: Ju l v 2 e 7 9 9 TIlvIE PRAFFRRRD:
SUBJECT: (PLEASE BE SPECII•TC)
Consider- and discuss Douglas & Elms Inc., Attorney at Law
Fee Letter.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
County Civil Attorney
Time for submitting this request for Court to assure that the•matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Monday.

All Agenda Requests will be screened by the Courny 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 you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court.
,a>25%9i FRI 09:56 FdS 210 999 9928 DOL'GL~tS & EI315, I:~C. X009
HOURT.Y FEE CONTRACT
This agreement shall reflect that KERB COUNTY ("Client") has retained the law
firm of DOUGLAS & ELMS, INC. ("Attorney") for the purpose of representing it in a
dispute by and between Pack Brothers Construction Co., Inc., Rudd and Adams Masonry,
The Chubb Group, et al. relating to a project commonly referred to as Kerr County Law
Enforcement Facility.
Client agrees to pay attorney's fees charged at the rate of ONE HUNDRED
FIFTY AND NO/100 DOLLARS ($150.00) per hour, for any partner, ONE HUNDRED
TWENTY-FIVE AND NO/100 DOLLARS ($125.00) per hour for any associate and
FORTY-FIVE AND NO/100 DOLLARS ($45.00) per hour for paralegals working on the
case. Services by each Attorney and paralegal will be recorded and billed in quarter hour
increments. In addition to attorney's fees, there will be other charges for items incidental
to the performance of legal services, such as photocopying (25 cents/page); facsimile
transmissions, postage, etc.
Our billing rates are based upon the assumption of prompt payment.
Consequently, unless other arrangements are made, fees for services and other charges
will be billed monthly and are payable upon receipt.
Our relationship may be terminated by either of us at any time by providing
written notice to the other party. This firm reserves the right to withdraw from its
representation if any fact or circumstance would, in our view, render our continuing
representation unlawful, unethical, or ineffective. If either party elects to terminate the
relationship, the other party will take all steps necessary to free the terminating party of
any obligation to perform further, including the execution of any documents necessary to
Hourh• Fee Contract
Kerr\Fee.Agt
rage 1
"U i 25. 9 i FRI 09: S i FAY 210 a.19 4928 DOUGI,dS & ELHS. ITC.
complete the termination and/or withdrawal, and to remit any foes, monies or funds due
the terminating parry to the date of withdrawal.
In order to allow this firm to provide effective legal services, we request that you
disclose fully and accurately all facts and developments related to the matter referred to
this firm. We necessarily must rely on the accuracy and completeness of the facts and
information you and your agents provide us.
In consideration of the fees above stipulated, the firm of Douglas & Elms, Inc.,
agrees to perform faithfully the duties and work assigned to it by the Client and at all
times to work in the interest of the Client.
Should any dispute arise under this agreement or conceming the services or
quality of services rendered or to be rendered under this agreement, it will be resolved
through binding arbitration. Disputes concerning fees will be submitted to the San
Antonio Bar Association Fee Dispute Committee or to binding arbitration before an
arbitrator appointed by agreement or by a District Judge of Bexar County. Disputes
concerning services will be submitted to an arbitrator to be appointed by an elected Bexar
County District Judge. The decision of the Fee Dispute Committee and/or the appointed
arbitrator shall be binding and conclusive.
This is the only agreement between Client and Attorney, and except as set forth in
this agreement, the Attorney has trade no representations or warranties concerning this
matter. No supplement, modification or amendment of this agreement shall be
enforceable unless it is in writing and signed by both the Client and the Attorney. The
unenforceability of any part of this agreement shall not effect the enforceability of the
~ oo.t
Hourly Fee Contras
ICcttlFee.Ag[
Page 2
U1'-25.9i FRI 09:51 FAS 210 a49 1928 DOUGLAS & ELUS. INC.
rest of this agreement. This agreement and its performance shall be governed by the laws
is ~ day of ~~ 1947.
By:
Title:
Laos
S~
Hourh~ Fee Contract
KerrlFee.Agt
Page 3