1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, December 2, 2002 11 1:30 p.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: FREDERICK L. HENNEKE, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 LARRY GRIFFIN, Commissioner Pct. 4 2 1 I N D E X December 2, 2002 2 PAGE 3 1.1 Consider and discuss amending Dailey Wells contract to include replacing Dictaphone 4 radio recorder 3 5 1.2 Consider and discuss evaluations by DRG, Inc., of design/build team qualifications and take 6 any actions required by such evaluations or applicable state law including, but without 7 limitation, selection of design/build teams for interviews and time for such interviews 9 8 --- Adjourned 25 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Monday, December 2, 2002, at 1:30 p.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE HENNEKE: Good afternoon, everyone. 8 It's 1:30 in the afternoon of Monday, December 2nd, Year 9 2002. I will call to order this special meeting of the Kerr 10 County Commissioners Court. First item for discussion is 11 Item Number 1, consider and discuss amending the Dailey 12 Wells contract to include replacing the Dictaphone radio 13 recorder. Sheriff Hierholzer. 14 SHERIFF HIERHOLZER: Good afternoon. We have 15 some recording equipment that we've had out there at the 16 Sheriff's Office that records our -- all our radio traffic 17 and incoming telephone calls and outgoing telephone calls 18 from the dispatch center. That equipment's been with the 19 department a number of years, and for the last several 20 months we have been trying to keep it going, and we just 21 have been unsuccessful to do so. We contacted Dictaphone 22 about it, and they said they don't even make that one any 23 more, and there wasn't much else we could do other than 24 replace it, and they're the only ones that do it. 25 To replace that piece of equipment so that we 12-2-02 4 1 could continue recording all our radio and phone traffic, 2 the equipment itself is $11,038. Now, there are some 3 maintenance contracts, if you want to go with those, which I 4 would recommend the 5-year maintenance contract, which would 5 bring the total to $13,087. If we go with a 4-year, it's 6 $12,940, and if we go with a 3-year, it's $12,794. It would 7 come with one year in that $11,038 fee. I don't have that 8 kind of funds in my budget to be able to get that expensive 9 a piece of equipment, so I was talking to Dailey Wells, 10 since they're doing the radios and are nearing completion on 11 that deal, and in talking to Richard Wells about it, he said 12 that they could get it at the same price and everything and 13 install it, put it in for us as part of this same contract 14 that we have on the -- on the radio system. 15 And, asking where the funds would come from 16 there, they had built in, in the detailed best and final 17 offer, in the executive summary, second to last line, I 18 believe it is a contingency fund. And what this fund 19 covers, among other things, is some of the in-building 20 amplifiers. If we had a problem with getting radio 21 communication out of, like, the hospital or something, they 22 were going to build in one of those in-buildings. But they 23 said it should still leave, even if they had to do that, 24 plenty to cover this cost of the -- of this recorder. And 25 that contingency fund amount was $65,000 built into that. 12-2-02 5 1 He also stated that they were pretty well coming in under 2 budget as -- as they're getting everything done as we speak, 3 and so what I'm asking the Court to do is amend the Dailey 4 Wells contract to include that piece of equipment in there 5 to be installed at the Sheriff's Office at the same time. 6 COMMISSIONER GRIFFIN: With the funds to be 7 -- to come from the Contingency line item in the contract. 8 COMMISSIONER BALDWIN: Including the 4-year 9 maintenance contract? 10 SHERIFF HIERHOLZER: Yes. 11 COMMISSIONER BALDWIN: They agreed to take 12 that out of that same -- 13 SHERIFF HIERHOLZER: Well, that will -- we're 14 going to take that out, 'cause I think we're going to pay 15 the purchase price, and they'll make sure it's all kept in 16 there. It will all come out of that; we'll send them the 17 bill. 18 COMMISSIONER WILLIAMS: What is the cost of a 19 4-year maintenance agreement? 20 SHERIFF HIERHOLZER: The 4-year maintenance, 21 if you do it for four years, it's $12,940 total, with the 22 piece of equipment and the maintenance. If you do it for 23 five years, it's $13,087. 24 JUDGE HENNEKE: I think 5-year is what you're 25 recommending. Correct, Sheriff? 12-2-02 6 1 SHERIFF HIERHOLZER: That's what I would 2 recommend with this type of equipment. 3 COMMISSIONER WILLIAMS: You mentioned that -- 4 your knowledge that the current communication project is 5 coming in under budget. Do you have some feel for that? 6 SHERIFF HIERHOLZER: Yes. Well, we've 7 gotten -- we've paid them two or three payments so far. 8 Each one, we've got a discounted price on top of the actual 9 payment, that -- taking another 10 percent, about $3,000 10 each payment for paying it on time. And the way they were 11 talking, it's just doing well. They haven't had any snags 12 in it or anything that's cost them extra. They are 13 expecting to be complete with the installation of the system 14 by the 6th of this month, which is the end of this week. 15 That's why I had to get this moved in on this special 16 Commissioners Court meeting. And then from the 6th of this 17 month to the 16th of the month, they will be doing their 18 testing to make sure we have the guaranteed coverage and 19 that before we actually do a switch-over of the system on 20 the 16th. The only other expense that was never figured 21 into the cost, but I think I've even got it covered in our 22 budget anyhow with new cars -- it's already being 23 programmed -- is reprogramming our old radios for the new 24 radio frequencies. That's running us about $20 a car. 25 JUDGE HENNEKE: Any questions or comments? 12-2-02 7 1 COMMISSIONER BALDWIN: I do have a question. 2 Did I hear you say that we're going to pay for this and then 3 bill to have it taken out of here? 4 SHERIFF HIERHOLZER: Yes. 5 COMMISSIONER BALDWIN: Bill these people? 6 Where does the initial money come from? 7 SHERIFF HIERHOLZER: Out of that -- the bond 8 stuff and everything that -- the contract with Dailey Wells. 9 It's going to be amended to them. We'll order it and 10 they'll pay the bill, is actually what it amounts to. 11 COMMISSIONER BALDWIN: Oh, okay. 12 COMMISSIONER LETZ: Certificate of 13 obligation. 14 COMMISSIONER BALDWIN: Okay. 15 COMMISSIONER GRIFFIN: I'd make a motion that 16 we approve amending of the Dailey Wells contract to include 17 the system as proposed in the package, with the 5-year 18 maintenance contract, and authorize County Judge to sign any 19 paperwork necessary to accomplish that. 20 COMMISSIONER BALDWIN: And put in there, too, 21 where -- where it actually comes from. 22 COMMISSIONER GRIFFIN: It's coming from the 23 contract dollars that are in the -- 24 SHERIFF HIERHOLZER: Certificate of 25 Obligation contract dollars in the Dailey Wells radio system 12-2-02 8 1 contract. Now, they -- the maintenance contract will 2 actually be with Dictaphone. 3 COMMISSIONER GRIFFIN: Right. 4 SHERIFF HIERHOLZER: Okay? Not with Dailey 5 Wells. 6 COMMISSIONER BALDWIN: Contingency line or 7 something? 8 JUDGE HENNEKE: Yeah, Contingency line item 9 in the Dailey Wells contract. 10 COMMISSIONER BALDWIN: That's what I wanted. 11 SHERIFF HIERHOLZER: Right. 12 JUDGE HENNEKE: Second? 13 COMMISSIONER BALDWIN: I'll second that. 14 JUDGE HENNEKE: Motion by Commissioner 15 Griffin, second by Commissioner Baldwin, that the Court 16 approve amending the Dailey Wells contract to include 17 replacing the Dictaphone radio recorder and purchasing a 18 5-year maintenance contract at a total cost of $13,087, with 19 the funds to come from the Contingency line item in the 20 Dailey Wells contract, and authorize the County Judge to 21 sign all documentation necessary to evidence the amendment. 22 COMMISSIONER BALDWIN: Good lord, did I say 23 all that? 24 JUDGE HENNEKE: You did a fine job, 25 Commissioner. 12-2-02 9 1 COMMISSIONER GRIFFIN: Did a great job. 2 COMMISSIONER BALDWIN: I'm a hardworking son 3 of a gun. They need to reelect me. 4 JUDGE HENNEKE: Any questions or comments? 5 If not, all in favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: Opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. Next item 10 for consideration is consider and discuss the evaluations by 11 DRG, Inc., of the design/build teams qualifications, take 12 any actions required by such evaluations or applicable state 13 law, including, but without limitation, selection of 14 design/build teams for interviews and time for such 15 interviews. I have handed out to each of you an evaluation 16 I received from DRG this morning. DRG has ranked the four 17 teams, from highest to lowest, as the Faulkner Construction, 18 Inc./J.M. Lowe Company and Quorum Architects team as number 19 one. Number two, Huser Construction Company, Inc., and 20 Alan E. Adler, Architect. Number three, STR Constructors, 21 Limited, and number four, Biermann Construction Company, 22 L.L.C., in association with J.F. Thompson, Inc. It is the 23 recommendation of DRG Architects that Kerr County invite the 24 three highest-ranked design/build teams to be interviewed 25 and present more detailed information. 12-2-02 10 1 COMMISSIONER GRIFFIN: To DRG? I mean, that 2 is presentations -- more detailed presentations to DRG? 3 JUDGE HENNEKE: No, it's to the Commissioners 4 Court. 5 COMMISSIONER WILLIAMS: To us? 6 JUDGE HENNEKE: It's to us. 7 COMMISSIONER GRIFFIN: Are they going to 8 reevaluate their spreadsheet scores after that? In other 9 words, is DRG going to play any role -- 10 JUDGE HENNEKE: It says Commissioners Court 11 will interview no more than five of the design/build teams. 12 So -- 13 COMMISSIONER GRIFFIN: I see. 14 COMMISSIONER BALDWIN: We're talking -- are 15 we talking about a regular Commissioners Court meeting, 16 bringing all this in? 17 JUDGE HENNEKE: Well, that's what we need to 18 decide. I mean, we have a meeting scheduled for a week from 19 today, so my suggestion would be that we schedule these 20 interviews the afternoon of the 9th so that we -- 21 COMMISSIONER LETZ: The -- 22 JUDGE HENNEKE: But that's -- 23 COMMISSIONER LETZ: But they're also 24 supposed -- well, interviews the 9th. When would the 25 recommendation come back from DRG? The reason is 'cause 12-2-02 11 1 they're asking them to provide drawings also, and I don't 2 think it's reasonable to ask any architectural firm to have 3 drawings in four days. 4 JUDGE HENNEKE: Well, that may be pushing it 5 some. It may be that we ought to look more to having the 6 interviews on the 16th and then have a recommendation and 7 make our choice on the 23rd, which is our final scheduled 8 meeting for this year. 9 COMMISSIONER LETZ: I think that's pushing 10 it. I mean, I'm just thinking -- I mean, we're asking them 11 to, you know, give us elevations and basic drawings, and I 12 think that you need to give them, you know, some reasonable 13 time to do that. 14 COMMISSIONER WILLIAMS: But that's -- the 15 drawings, we are asking for them, but are they a part of the 16 interview process? 17 COMMISSIONER LETZ: They're part of the 18 selection process. 19 COMMISSIONER WILLIAMS: Part of the ultimate 20 selection process. 21 COMMISSIONER LETZ: We can interview them, 22 but we can't, I mean, select. There needs to be -- they 23 need to have time to do the drawings before or after the 24 interview. The interview can be -- I don't have any problem 25 with doing that maybe next week on the 9th, but I -- 12-2-02 12 1 COMMISSIONER WILLIAMS: But you're right, 2 they do need time to work it out. 3 COMMISSIONER LETZ: And have drawings. 4 'Cause, I mean, I think the -- the reason for the pushing 5 was to have the drawings basically by the 1st of the year. 6 And as soon as we -- and then make a selection about them so 7 we can use the drawings with the team that we use. 8 COMMISSIONER WILLIAMS: Why would it be 9 necessary to delay the interviews for a full week? Why 10 couldn't the interviews be scheduled within 72 hours? 11 COMMISSIONER GRIFFIN: I think Jonathan was 12 saying that was a -- 13 COMMISSIONER LETZ: I think that's -- I think 14 you have to give them a little bit of time for that, too. 15 COMMISSIONER GRIFFIN: I think we need -- are 16 there some parameters we can give them for that? In other 17 words, you have 10 minutes, or you have -- 18 JUDGE HENNEKE: It was in the Request for 19 Qualifications. 20 COMMISSIONER GRIFFIN: Okay. 21 JUDGE HENNEKE: The whole process was 22 outlined in the Request for Qualifications. 23 COMMISSIONER GRIFFIN: Okay. 24 JUDGE HENNEKE: Yeah, Phase II. Provide 25 additional interview and to interview -- provide additional 12-2-02 13 1 information regarding the following criteria: Proposed site 2 plan, a floor plan, front elevation, proposed type of 3 construction -- I'm reading from Page 3 of 4. Anticipated 4 schedule for design, feasibility of implementing the 5 project, cost methodology, cost including any guaranteed 6 maximum price. So, you know, I mean, I don't -- I don't see 7 any reason to put the interviews past the 9th. 8 COMMISSIONER BALDWIN: 1:30? 1 o'clock? 9 12:45? 10 JUDGE HENNEKE: What's everyone's -- what's 11 everyone else think? Commissioner Baldwin's ready to push 12 the pedal to the medal. 13 COMMISSIONER BALDWIN: 1:30. 14 COMMISSIONER WILLIAMS: Yeah. 15 COMMISSIONER LETZ: I guess -- I mean, my 16 hesitation is, what are we doing at the interview? 17 COMMISSIONER BALDWIN: I don't know. If the 18 law requires it, we'll do it, whatever it is. 19 JUDGE HENNEKE: Well, I think the purpose of 20 the interview, from my understanding -- maybe I ought to 21 defer to Commissioner Williams, since he went to the 22 seminar -- is for us to get a feel as to what these guys are 23 proposing to do. 24 COMMISSIONER WILLIAMS: Right. 25 JUDGE HENNEKE: For us to be comfortable with 12-2-02 14 1 them as the ones who are doing this project. 2 COMMISSIONER WILLIAMS: That's correct, and 3 to ask the questions about the project and their -- and 4 listen to their responses and so forth, so on. That's 5 correct. 6 COMMISSIONER LETZ: I mean, I'm comfortable 7 with all four of them listed, that they can do the job. I 8 just don't see the point in having them come down here so we 9 can look at them for five minutes and not say anything. 10 If it's going to be a constructive dialogue, that's fine, 11 but -- 12 JUDGE HENNEKE: Well, you know, the -- the 13 answers to the questions that are here under Phase II, such 14 as the type of construction, schedule, the cost methodology, 15 the cost included in the guaranteed maximum price. 16 COMMISSIONER LETZ: I mean, to me, that's all 17 basically written, and that should be then given to DRG to 18 evaluate. 19 JUDGE HENNEKE: Well, we -- we can do it that 20 way. If we want to contact the top three teams and say 21 provide us with this information by a date certain, and have 22 the interviews a day or two after that, I don't have any 23 problem with that. I think that's a fairly reasonable way 24 to go about it. 25 COMMISSIONER WILLIAMS: Well, it specifies -- 12-2-02 15 1 this Number 2 tells you exactly what you want them to 2 expound upon. 3 JUDGE HENNEKE: But I think Jonathan's point 4 is -- which I think is a good one -- have them provide this 5 information in advance so that DRG can have a look at it, 6 and then, when we have the interview, we'll have the basis 7 of DRG's -- 8 COMMISSIONER GRIFFIN: And we could make an 9 evaluation right after that. 10 JUDGE HENNEKE: Is that correct, Jonathan? 11 COMMISSIONER LETZ: Yeah. 12 COMMISSIONER WILLIAMS: Okay. 13 COMMISSIONER LETZ: And I think -- I mean, I 14 have some really -- I really thought DRG would be here 15 today, 'cause the questions I have are really as much to 16 them. As an example, I don't -- on change orders, things of 17 that nature, I mean, that regardless of who the person is, 18 it's something we need to get, in my mind, clearly worked 19 out before we go real far. I don't know if you wait until 20 after we try to negotiate a contract and do that, or if we 21 do it -- bring that up now. I mean, 'cause that's -- from 22 talking with Wayne Gondeck, it's still very -- because 23 they're professionals, there's very little we can do in 24 negotiations until -- and really discussion with them until 25 we select the one we want to negotiate with. 12-2-02 16 1 COMMISSIONER WILLIAMS: Right. 2 COMMISSIONER LETZ: That's why I'm saying 3 when we interview them, like, I'd almost be scared to ask -- 4 any question I'd have would be something that would really 5 have to do with after we start negotiations. You know, and 6 I can see some, you know, problems developing with one of 7 them, potentially, things like change orders. 8 COMMISSIONER WILLIAMS: Well, the law is 9 pretty specific about that. You've got to direct those to 10 the person -- to the firm or group that you've selected, and 11 you can't play their answers off against somebody else and 12 get a better deal out of it. So, you know. 13 COMMISSIONER LETZ: Right. That's why I 14 think, you know, I would like to have, if possible, Wayne 15 Gondeck here at our next meeting, next Monday, to go over 16 the process a little bit, or maybe talk to him one-on-one, 17 if nobody else shares these concerns. Because I think, you 18 know, it's -- the process is new to me and to the Court, and 19 I just want to make sure we're proceeding properly. And if 20 we're required to do an interview, that's fine, but if we're 21 not, I don't know that it's going to be a requirement. 22 COMMISSIONER GRIFFIN: Well, I wonder if, by 23 next week, if they could do just those things that are 24 listed in the bullets. 25 COMMISSIONER LETZ: Right. 12-2-02 17 1 COMMISSIONER GRIFFIN: If can they have a 2 proposed site and floor plan and a front elevation sketch, 3 and then talk to those things and tell them that that's what 4 it will be limited to. 5 COMMISSIONER LETZ: Right. 6 COMMISSIONER GRIFFIN: I don't think, at this 7 point, we can ask them questions, as a matter of fact. 8 COMMISSIONER LETZ: That's what I was getting 9 at, as to why we have an interview. 10 COMMISSIONER GRIFFIN: We can't ask them 11 questions. 12 JUDGE HENNEKE: Why? 13 COMMISSIONER WILLIAMS: You can ask questions 14 about these items that they're supposed to be prepared to 15 respond to. 16 JUDGE HENNEKE: Why don't we do this? Why 17 don't we -- why don't we contact the top three, ask them to 18 provide us with this information by -- you know, within this 19 week, and put it on the agenda for next Monday to have 20 them -- more of a workshop discussion with Gondeck about the 21 process, and at the same time, we can set the interview 22 schedule. 23 COMMISSIONER LETZ: I think that's too quick. 24 I think we need to ask them to provide this information and 25 give them a date next week, you know. 12-2-02 18 1 JUDGE HENNEKE: Okay. 2 COMMISSIONER LETZ: And then -- 3 COMMISSIONER GRIFFIN: Maybe next Monday. 4 COMMISSIONER LETZ: Yeah, it can be next 5 Monday. I just think that we're asking them to do a fair 6 amount of work, and they have other responsibilities. I 7 don't think we should expect them to drop everything they're 8 doing and come up with a drawing in four days. 9 COMMISSIONER GRIFFIN: Could we -- could we 10 couch a motion such that we could give the Judge the 11 authority to work that date as soon as possible through -- 12 with and through DRG? In other words, get DRG's opinion on 13 it. Can they -- 'cause they may know what these guys have 14 already done, if anything, and have a feel for the schedule, 15 rather than us trying to sit here and guess, can they do it 16 by next Tuesday or next Wednesday or whatever. Just let the 17 Judge work that with DRG, and -- and with the idea that we 18 do it as quickly as we can. 19 JUDGE HENNEKE: Well, we can take -- take a 20 15-minute break and go call. 21 COMMISSIONER LETZ: I think that's 22 probably -- I mean, we can find out how long we should give 23 them. 24 JUDGE HENNEKE: Why don't we delegate 25 Commissioner Williams and Commissioner Letz to go call 12-2-02 19 1 Wayne? And we'll reconvene, if you guys are able to reach 2 him, and you can provide us with -- I mean, if we all go in 3 there, then we have to take Kathy with us. It gets crowded 4 a little bit. 5 COMMISSIONER BALDWIN: Yeah. 6 JUDGE HENNEKE: Does that work? 7 COMMISSIONER BALDWIN: I think it's 8 fantastic. 9 JUDGE HENNEKE: Let's take a recess. 10 COMMISSIONER BALDWIN: Be back before 11 4 o'clock. 12 JUDGE HENNEKE: Yeah, we'll be back -- if you 13 guys -- we'll come back in at -- 14 COMMISSIONER LETZ: 2:00? 15 JUDGE HENNEKE: -- 2 o'clock. 16 COMMISSIONER GRIFFIN: Okay. 17 (Recess taken from 1:50 p.m. to 2:00 p.m.) 18 - - - - - - - - - - 19 JUDGE HENNEKE: We will reconvene this 20 regular -- this special session of the Kerr County 21 Commissioners Court, and we have a report from Commissioner 22 Letz and Commissioner Williams on the their conversation 23 with Mr. Gondeck. 24 COMMISSIONER WILLIAMS: We did that. We have 25 had that. DRG will participate in the process. Based on 12-2-02 20 1 our discussions and whatever action we take today, they will 2 invite the top three that they have rated to be here at a 3 date we will set for an interview process, and be prepared 4 to make whatever presentations were highlighted in this 5 Phase II, all those little notch marks there. And make 6 their presentation, answer questions from us, answer 7 questions from DRG, as long as it takes. And he says we 8 should allow about an hour for each of them. They will stay 9 -- DRG will stay with us. At the conclusion of the three, 10 they'll be prepared to work with us as we try to find a 11 solution to the question. 12 COMMISSIONER LETZ: But the other -- 13 COMMISSIONER WILLIAMS: Two weeks from now. 14 COMMISSIONER LETZ: Two weeks is what he has 15 pretty much told them -- or he talked with all four of them. 16 That's the minimum amount of time they could do it in, and 17 that's pushing them quite a bit. And then the other point, 18 they present this at the interview, that information; that 19 there's nothing turned in before that. They present it and 20 go over it and have to address this information in the 21 interview. It may or may not be furnished to us all in 22 writing at the interview, but no one gets anything until 23 that interview. So, that's the purpose of the interview, so 24 they can give us this information. 25 JUDGE HENNEKE: All right. 12-2-02 21 1 COMMISSIONER WILLIAMS: And our questions 2 should be -- should be in regard to these things which 3 they're -- they're supposed to address to the Court. So, if 4 we want to talk about how they're going to build it, what 5 they're going to build it with, what's the cost going to be, 6 how they're going to able to phase it in, keep the place 7 functioning, accommodate the Stock Show -- in other words, 8 whatever questions arise, those are the questions we should 9 direct based on these things. 10 COMMISSIONER BALDWIN: Does -- I haven't read 11 them. Does that include change orders? 'Cause I think Letz 12 is on to something there. That's -- 13 COMMISSIONER WILLIAMS: He talked about that. 14 COMMISSIONER LETZ: I talked to Wayne about 15 that. He says we could ask their general policy, what it 16 comes to and how they would handle it, but we cannot get 17 into anywhere negotiating how they handle change orders. 18 COMMISSIONER BALDWIN: Sure. I understand 19 that. 20 COMMISSIONER LETZ: We can ask them what 21 their policy is on it, how they handle change orders. They 22 can tell us what they want. And then -- but whether we go 23 with some sort of a change order or, you know, cost-plus, 24 "X" percent, that's handled in the negotiation period. 25 COMMISSIONER BALDWIN: Will that be handled? 12-2-02 22 1 'Cause -- 2 COMMISSIONER LETZ: It can be handled. 3 COMMISSIONER BALDWIN: -- I see that kind of 4 as a loose end. We always end up in trouble with it. 5 COMMISSIONER LETZ: Yeah. He said -- Wayne 6 says it can be handled -- explicitly put in the contract as 7 to how those change orders will be handled. 8 COMMISSIONER WILLIAMS: He's suggesting the 9 17th, which meets his schedule, because he's going to be in 10 Kerrville on the 17th. I think there's a juvenile meeting 11 that morning, which you guys are doing the -- with him, the 12 juvenile facility, and he's going to be here. He's 13 suggesting 1 o'clock. 14 JUDGE HENNEKE: Yeah, it would have to be in 15 the afternoon. 16 COMMISSIONER LETZ: 1 o'clock? 17 COMMISSIONER WILLIAMS: Tuesday, the 17th. 18 JUDGE HENNEKE: I think what we'll -- let me 19 make sure that I don't have anything. 20 COMMISSIONER WILLIAMS: We just do what we 21 do. They'll send the letters out. 22 COMMISSIONER GRIFFIN: I have a question. 23 What is the process after that? How long -- 24 COMMISSIONER LETZ: That day. 25 COMMISSIONER GRIFFIN: That day we can make a 12-2-02 23 1 decision? 2 COMMISSIONER LETZ: If we want to. 3 COMMISSIONER GRIFFIN: If we want to. 4 COMMISSIONER LETZ: He says we should be able 5 to. 6 COMMISSIONER GRIFFIN: Should be. 7 COMMISSIONER LETZ: And he's also going to -- 8 the big boxes of stuff that we received, he will send five 9 of those copies back for us to each look at one, and prior 10 to the -- 11 COMMISSIONER BALDWIN: And the actual 12 decision is choosing one of these teams? 13 COMMISSIONER LETZ: Right. 14 COMMISSIONER BALDWIN: Nothing else? 15 COMMISSIONER LETZ: Nothing else. We choose 16 the team, and then you go on to the negotiation with that 17 team. And then, if we can't make a deal with one, we go to 18 the next, on down the line. 19 COMMISSIONER GRIFFIN: But after we select 20 the team, DRG does that negotiating for us, right? For the 21 contract, and bring back to us. That's one of their 22 responsibilities. Otherwise, what are we getting from them? 23 JUDGE HENNEKE: To a large extent, but it's 24 the Commissioners Court that has final say. 25 COMMISSIONER GRIFFIN: Sure. 12-2-02 24 1 JUDGE HENNEKE: One of the things that the 2 negotiation resulted in is a guaranteed maximum price. 3 COMMISSIONER GRIFFIN: Right. 4 JUDGE HENNEKE: So we walk away at the end of 5 that process knowing exactly what it's going to take. 6 COMMISSIONER LETZ: I mean, I would think -- 7 well, that's another topic. We can talk about it after 8 that, where we go after the initial selection. 9 JUDGE HENNEKE: So -- 10 COMMISSIONER BALDWIN: 17th. 11 JUDGE HENNEKE: -- the 17th starting at 12 1 o'clock. Do we have a motion to invite the top three 13 teams, as evaluated by DRG, to interview, beginning at 14 1 o'clock on the 17th, alotting approximately an hour for 15 each? 16 COMMISSIONER WILLIAMS: I think the motion 17 would be to invite DRG to invite them. They're doing the 18 inviting. 19 JUDGE HENNEKE: We invite them and DRG sends 20 out the notice. 21 COMMISSIONER WILLIAMS: All right, yeah. 22 17th, 1 o'clock. 23 COMMISSIONER GRIFFIN: Second. Was that a 24 motion? 25 COMMISSIONER WILLIAMS: That will be a 12-2-02 25 1 motion. 2 JUDGE HENNEKE: Motion by Commissioner 3 Williams, second by Commissioner Griffin, that the 4 Commissioners Court invite the top three qualifying 5 design/build teams to participate in interviews beginning at 6 1 o'clock p.m. on Tuesday, December 17, Year 2002, here in 7 the Kerr County Commissioners Court, with the County Judge 8 to instruct DRG Architects to make contact with the 9 design/build teams regarding interviews and the information 10 they are to submit at those interviews. Any questions or 11 comments? All in favor, raise your right hand. 12 (Commissioners Williams, Letz, and Griffin voted in favor of the motion.) 13 14 JUDGE HENNEKE: Opposed, same sign. 15 (Commissioner Baldwin voted against the motion.) 16 17 JUDGE HENNEKE: Motion carries. Anything 18 else? Okay, we're adjourned. Thank you. 19 (Commissioners Court adjourned at 2:09 p.m.) 20 - - - - - - - - - - 21 22 23 24 25 12-2-02 26 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 3rd day of December, 8 2002. 9 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25 12-2-02