1 3 9 5 6 7 2 9 10 11 1 '? 13 14 15 16 17 18 1.9 20 21 22 73 ~q 25 KERR COUNTY COMMISSIONRA.S CO?.?F.T Regular Meeting (continued) Tuesday, November 9, 1999 10:00 a.m. Commissioners Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: H. A. "BUSTER" SALDWIN, Commissioner Pct. 1 WILLIAM "BILL"' WILLIAMS, Commissioner Pct. 2 LARRY GRIFFIN, Commissioner Pct. 9 AASENT: FP.EDERICK L. HENNEKE, Kerr County ,judge JONATHAN LF.T7,, Commissioner Pct. 3 2 1 2 3 4 5 6 7 8 9 to 11 12 13 1.4 15 16 17 18 19 70 21 22 23 29 25 On Tuesday, November 9, 1999, at 10:00 o'clock a.m., a continuation of the regular meeting of the Kerr County Commissioners Court was held in the Commissioners Courtroom, Kerr County Courthouse, Kerrville, Texa.=., and the folloon:ng proceedings were had in open court: P R O C E E D I N G S COMMISSIONER WILI.IAMS: Good morning. It's 10 a.m. I'm Commissioner Rill Williams, substituting for Judge Henneke. We'll reconvene the recessed Commissioners Court meeting of November the 8th. I think we have three items of business to wrap up this morning. One has to do with the assessment of computer bids and what action, if any, we take. That's Agenda Item 2.10. Commissioner C,riffin? COMMISSIONER GRIFFIN: Okay. As we go through this, here is a copy for each of you of the cover letters that went out with the bid packages. This letter contained all the instructions that the bidders would have to qo by. You'll notice that there were even underlined portions, and we foot-stomped a couple of items in there, you know, "Make sure your bid is complete." This is the typical kind of cover letter that goes on those R.F.P.'s for technical kind of programs, and so we had, I thought, some pretty good instructions. We got four responr-es back that we received yesterday afternoon, and then last night I went through each of the 1 2 3 4 5 6 7 8 9 10 11 12 .-. 13 14 15 16 17 ]8 19 20 21 ~~ ~~ 29 25 ~. 3 proposals and -- and, in detail, using a subjective/objective scoring system, I scored each of the proposa]s in the areas t_hst you see, to include responsiveness to the R.F.F., an understanding of the requirement, the technical approach, the systems maintenance and support, system flexibility and upgradeabilit.y, whic},, of course, is important in computer buys and these kind of numbers, and, last, a system cost far hardware and installation. We had two proposals that -- as I say, that were excellent, two that I would -- I would grade lower, primarily because of the responsiveness to the -- nonresponsiveness to the R.F.P., with clear instructions on what to do and -- which I think Were clear instructions on what to do. Two of the responses -- I didn't throw any proposals out; in my mind, I went ahead and graded everything. Rut, f.or example, there is one proposer who no-bid a very critical part of the system. That's the one you see the asterisks by there. That was a part -- so that was received as a partial bid, which the instructions said were grounds for kicking the whole proposal out. I didn't do that; I went ahead and scored it, but that number is not included, because they didn't cost the whole system. COMMISSIONF.P. WIhT7AMS: And that's vital to what we alant . COMMISSIONER GRIFFIN: It's vital to what we want. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 7.2 23 29 25 So -- so, at any rate, you see t_he scores there. I've got the packages here if you have any questions. As I say, two of the proposals were excellent. And, of those two, it -- it essentially came down to a cost competition. And, the lower cost that met all of the requirements, and my recommendation and motion is that we accept the proposal from Computer Service Center, Inc., and enter into negotiations for a completed agreement and package for those computers. COMMISSIONER RALDWIN: Second. COMMISSIONEF. WILI~IAMS: Motion made and seconded to accept the bid as analyzed from Computer Service Center, Inc., of Kerrville, Texas -- COMMISSIONER GRIFFIN: Right. COMMISSIONER WILLIAMS: -- for goods and services, and enter into negotiations for contract to acquire new computers. Discussion? All in favor, say "aye." (The motion was carried by unanimous vote.) COMMISSIONER WILLIAMS: Any opposed? (No response.) COMMISSIONEP. WILLIAMS: We will be in touch, then, with -- you will, Commissioner Griffin, be in touch with Computer Service Center, Tnc.? COMMISSIONER GRIFFIN: Yes. COMMISSIONER WILLIAMS: Okay. That's Item No. 1. Item No. 2 is to complete the Commissioners' nominations fer F 1 2 3 9 5 6 7 8 9 10 11 12 ]. 3 19 15 16 17 18 19 20 21 22 2? 29 25 the Master Planning Committee, and the one remaining outstanding was for Commissioner Griffin. COMMISSIONER GP.IFFIN: Yes, and I did contact my nominee, he'd be very glad to serve. His name is Ronnie Gebauer, a long-time resident of Kerr. County, very hig in the horse world, both he and his kids. He competes nationally, and has lust finished helping Wichita Falls in a national competition and an upgrade of their facili*_y in Wichita Falls, and -- where they did things like economic impact studies, and he's got all of that data, you know, for hotel rooms and restaurants and in-flows to the economy, so I think -- I think Ronnie will be an excellent addition to the hoard -- to the committee. COMMISSIONER WILLIAMS: So, you're placing a nomination in the name of Ronnie Gebauer? COMMISSIONER GRIFFIN: Right. COMMISSIONER WILLIAMS: And, he is a resident of Hunt or Ingram? COMMISSIONER GRIFFIN: Well, he lives between Hunt and Ingram; I think he's probably considered Hunt. COMMISSIONER WILLIAMS: Does the Judge lust accept those names? We didn't have to do an individual acY_ion on thern, did we? MS. SOVIL: No. COMMISSIONF.P. WILLIAMS: Well, then, that completes 6 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 the appointments for the Master Planning Committee. And, I would ask Thea if you would put together, for Commissioner Letz and for me, a complete list of a7.7 the individuals who have now been appointed to the Master Plan Committee with the addresses and telephone numbers so that we can get to work. Appreciate that. COMMISSIONER BALDWIN: I would like a copy too, please. COMMISSIONER WILLIAMS: Oh, absolutely, everybody gets a copy. All right. That's r_ompleted. That takes us, then, to Item 3, which is the litigation matter and the retention of counsel. You had some words on that? COMMISSIONER GRIFFIN: Yes. I got a phone call just before we convened -- reconvened from David Motley, and he had spoken with the law firm that we had talked about yesterday. They have agreed to make all of the changes that we had discussed and that the Judge had raised, in particular, into the agreement, and redo that and correct same misspellings and some other things that were picked up. They agreed to do all of that, with the exception of the fax charge on the dollar per page. That does include long distance charges. Ii it's a local fax, they don't charge anything. So, that -- that would be the only thing. As long as -- I feel comfortable with that. And, what they will ego is, the law firm will -- will fax directly to here a redo of 7 1. 7 3 9 5 6 7 8 9 10 1.1 12 13 19 15 16 17 18 19 20 21 22 23 29 25 ghat proposed agreement, and they'r_e going to take off -- by he way, they're just going to make it a normal sort of legal ervir_es agreement and not have all of us sign that thing. t ~~rill he fixed for the Judge's signature and it will be ike anything else that we do, enter to that kind of greement with just the Judge's signature. COMMISSIONER WILLIAMS: Okay. COMMISSIONER GRIFFIN: We don't -- not all the ties to that suit have to sign it. COMMISSIONER WILLIAMS: All right. So, we'll need motion, then, to retain the firm of Denton, McKamie, and avarro to prepare --- COMMISSIONER GRIFFIN: Well, if I may, Aill, I think maybe -- I just have a feeling we want to see that proposal before we -- oh, and by the way, you had asked a question yesterday about the -- what's the estimate. They do make -- they will make a budget input to us before -- as a part of the package, so that. they will. estimate what they think that cost will be. COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER GRIFFIN: They -- so it will be a part of the package. But, I suspect that we're going to have to see that before -- we may just have to call a -- depending nn how fast we have to respond. COMMISSIONER WILLIAMS: I was going to -- 1 2 3 9 5 6 7 8 9 1D 11 12 13 19 15 16 17 18 19 2D 21 22 23 24 25 MS. SOVIL: You need to respond as quickly as Bible. COMMISSIONER WILLIAMS: Yeah. We have -- the sense of urgency has to do with the motion to enlarye our time to respond to the Plaintiff's Original Compliant. COMMISSIONER GRIFFIN: I think that's already been done, but -- let me try to make a motion in this manner. I would make the motion that we approve entering into the agreement, contingent upon Judge Henneke feeling comfortable with signing that. In other words, if -- if, for some reason, he doesn't sign it, we might need an emergency session to readdress the thing, but I don't think -- I think he will sign it. I'm just saying if he didn't, you know, what do we do? COMMISSIONER WILLIAMS: Yeah. Yeah, kind of between a rock and a hard spot. MS. SOVIL: We're sitting at almost eight days before the Judge even comes back to even address the situation. Se, in eight da;~s --- COMMISSIONER GRIFFIN: We- need to get sarnet}ting before then. COMMISSIONER WILLIAMS: Commissioner, let me offer a suyyestion, then. COMMISSIONER GRIFFIN: Okay. COMMISSIONER WILLIAMS: Just kind of discussing Q 1 Z 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 this loosely. Why don't we -- why don't we consider retention of the law firm of Denton, McKamie, and Navarro for the purposes of responding to -- to presenting before the Court a Motion to Enlarge Time to Respond to the Plaintiff's Original Complaint? COMMISSIONER GRIFFIN: Right. COMMISSIONER WILLIAMS: That will get us the first piece done. If there's any -- if the Judge -- and authorize County Judge to sign same. And, if there is any problem that the Judge has going beyond this initial response to the court -- or motion to the court, we can deal with it before we take on the second phase. COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second. COMMISSIONER WILLIAMS: Do I have to restate all COMMISSIONER GRIFFIN: No. COMMISSIONER BALDWIN: Y'all can get together privately and do that. COMMISSIONER WILLIAMS: Okay. COMMISSIONER GRIFFIN: That makes sense, that -- we need to go ahead and get that first motion filed. COMMISSIONER WILLIAMS: Motion made and seconded to retain the firm of Denton, McKamie, and Navarro for purposes of presenting to the court a motion to enlarge the timeframe 10 7 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 7.0 21 22 23 29 25 in which to respond to the action filed against the County. Any further discussion? All in favor, raise your right hand. (The motion was carried by unanimous -vote.) COMMISSIONER WILLIAMS: Any opposed? (NO response.) COMMISSIONER WILLIAMS: Thank you. That completes the Commissioners Court agenda for November B, 1999. This Court is adjourned. {Commissioners Court adjourned at 10:10 a.m.) STATE OF TEXAS I COUNTY OF KERB I The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 15th day of November, 1999. JANNETT PIEPF.,R, Kerr County Clerk Kathy A ik, Deputy County Clerk Certified Shorthand Reporter ORDER ND.6111 RWRRD HID FOR COMPUTERS/RELATED EG!UIPMENT RND SERVICE/MAINTENANCE TO COMPUTER SERVICE INC., N.ERRVILLE Dn this the 9th day of November 1999, ~.ipon motion made by Commissioner- Gr^iffin, seconded by Commissioner- Haldwin, the Court unanimously by a vote of 3-0-fn, awar^ded the bid for^ computer^s and r-elated equipment and service/maintenance to Comp~_iter^ Ser'vice Inc., of I',er^r^ville. ORDER ND. '61 is LEGRL SERVICES AGREEMENT TO RETRIN l"HE FIRM OF DENTON, MCI:RMIE, RND NRVRRRO On this the 9th day of November- 1999, upon motion made 6y Commissioner Let z, seconded by Commissioner' Griffin, the Court unanimously approved by a vote of ~-0-0, retaining the fir^m of Denton, McKamie, and Navarro for purposes of pr^esenting to the court a motion to extend the timefr•ame in which to respond to the action filed against the County.