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Nueces County Seal

NUECES COUNTY, TEXAS

COMMISSIONERS COURT AGENDA
 

*This meeting will have remote access; See instructions below:

 

NOTICE OF PUBLIC MEETING*


*Public Notice is hereby given that to the extent the Commissioners Court has distinguished between subjects for public deliberation and those for executive session deliberation, that practice has changed. The Commissioners Court is hereby notifying the public that any item listed anywhere on the agenda, if permitted by law, may be discussed in executive session. See Executive Session below.
 

 

FEBRUARY 2, 2022

The Nueces County Commissioners Court will meet on the above date at 8:30 a.m. in the Commissioners Courtroom, 3rd floor, Nueces County Courthouse, 901 Leopard, Corpus Christi, Texas. Up to two (2) Court members may participate remotely.
 
BARBARA CANALES
COUNTY JUDGE
ROBERTO G. HERNANDEZ
COMMISSIONER, PRECINCT NO. 1
JOE A. GONZALEZ
COMMISSIONER, PRECINCT NO. 2
JOHN MAREZ
COMMISSIONER, PRECINCT NO. 3
BRENT CHESNEY
COMMISSIONER, PRECINCT NO. 4

KARA SANDS, CLERK OF THE COURT
 

INFORMATION ON THE COMMISSIONERS COURT AGENDA

PUBLIC COMMENT: Members of the public will have the opportunity to address the Commissioners Court during this section on any Agenda Item or any subject within its jurisdiction except a matter related to pending litigation. Each speaker should sign in on the Public Comment Sheet available at the rear of the Courtroom at least five (5) minutes before commencement of the Commissioners Court meeting. Speakers should limit their comments to two (2) minutes. The County Judge may, if he/she deems it necessary, limit both the number of speakers and the time allotted to each speaker. Under the law, the Commissioners Court may only take action on items specifically listed on the Agenda. Subject matter presented which is not part of the Agenda will be referred to the appropriate department for review and subsequent action. Materials submitted during public hearings will not be returned unless prior arrangements have been made through the County Clerk, with the approval of the County Judge. At least ten (10) copies of any document to be used by any speaker should be available for distribution. The speaker’s name and, if applicable, Agenda Item number should be clearly marked on such documents.

CONSENT AGENDA: At most meetings, the Commissioners Court establishes a Consent Agenda. It consists of those Agenda Items which are routine or non-controversial, and which neither a member of the Commissioners Court nor the public has asked to be pulled for discussion. Once the Commissioners Court has established the Consent Agenda, Agenda Items included on it will be voted upon in one vote, and will not be discussed separately unless requested by the County Judge, Commissioner, or a citizen.
 
EXECUTIVE SESSION: The Commissioners Court may go into Executive Session to discuss those matters listed anywhere on the Agenda or as otherwise permitted by law.

ADJOURNMENTS IN MEMORY: The Commissioners Court may adjourn the meeting in memory of deceased community leaders, County employees, and other distinguished persons. Requests for Adjournment in Memory may be made through any County Commissioner or the County Judge.
 
AUXILIARY AIDS OR SERVICES: Persons with disabilities who plan to attend this meeting of the Commissioners Court, and who may need special assistance, services or auxiliary aids, should contact the Office of the Nueces County Judge (361-888-0444) at least forty-eight (48) hours ahead of the meeting so that appropriate arrangements can be made.
 
COMMISSIONERS, PRESENTERS, CONTRIBUTORS, AND PUBLIC ACCESS

The commissioners court members, public, presenters, contributors, and others may access the meeting and make public comment, by clicking the link below and registering prior to the calling of public comment at the beginning of the meeting.  Link to webpage instructions: https://www.nuecesco.com/remotepubliccomment


Click the link above for access to the virtual meeting link to join the live broadcast of Commissioners Court. You must join before public comment is called to attend the virtual meeting. Once in the meeting, you will be muted until it is time for public comment. During public comment, the name you submitted will be announced before unmuting you. Before speaking, you will be asked to state, for the record:
  • Your full name, and
  • Your address
   Or QR Code

 

 
             
1. CALL TO ORDER
 
A. County Judge calls for the Invocation.
 
B. Pledge of Allegiance to the United States of America and Texas Flags.
 
C. County Judge will call roll, note date, time, and location of meeting, and certify a quorum is present.
 
D. SAFETY BRIEFING
 
E. PUBLIC COMMENT: This section provides the public the opportunity to address the Commissioners Court on any issues within its jurisdiction. The Commissioners Court may not take formal action on any requests made during the Public Comment period which are not on the Agenda, but can refer such requests to County staff for review if appropriate.
 
F. Adopt the following Resolution(s), Proclamation(s), and/or Order(s):
 
1.   In recognition of February 2022 as Teen Dating Violence Awareness and Prevention Month. Click to View
 
G. GENERAL INFORMATION REPORTS:
 
1. Discuss disaster preparedness and response, including matters related to COVID-19, Emergency Orders, severe weather, flooding, drainage, economic recovery, state and federal assistance, American Rescue Plan Act (ARPA), Emergency Rental Assistance Program (ERAP), and infrastructure status, and other related matters.
 
H. BOARD APPOINTMENTS:
 
1.   Nueces County Beach Management Advisory Committee Click to View
 
Attachments
Board Description - Beach Mgmt. Advisory Committee
Letter of Intent - LJ Francis
Letter of Interest - Shelley Witcher
Board Application - Dawn Bissell
Board Application - Florence Tissot
 
2. CONSENT AGENDA: The following Agenda Items are of a routine nature, and the Commissioners Court has received supporting materials for consideration. All of these Agenda Items will be passed with one vote without being discussed separately, unless a member of the Commissioners Court or the public requests that a particular Agenda Item be discussed. If so, that Agenda Item will be pulled from the Consent Agenda and discussed as part of the regular Agenda at the appropriate time. One vote will approve the remaining items on the Consent Agenda.
 
A.   Authorize payment of bills - regular bill summaries dated February 04, 2022; and receive check registers of payments on vendor exception list dated January 21, 2022. Click to View
 
Attachments
CK Reg - Regular 02-04-22
CK Reg - Exception List 01-21-22
 
B.   Authorize payment of bills - manual check registers dated January 18, 2022, to January 24, 2022. Click to View
 
Attachments
Manual CK Reg.pdf
 
C.   Authorize payment of bills - Special Motions List dated February 2, 2022. Click to View
 
Attachments
Special Motions List.rev
Special Motions Backup.rev
 
D.   Authorize payment of bills - group health insurance claims and fees by Boon Chapman dated January 18, 2022. Click to View
 
Attachments
Group Health Weekly.pdf
 
E.   Accept the following "Diabetes Report" for FY 2020-2021:
1. Texas A&M University Corpus Christi, Antonio E. Garcia Arts & Educational Center
Click to View
 
Attachments
Texas A&M University CC - Antonio E Garcia Arts & Educational Center - FY20/21 Diabetes Report
 
F.   Accept the following "Family Protection Fee Report" for FY 2020-2021:
1. Family Counseling Service
Click to View
 
Attachments
Family Counseling Service - FY20/21 Family Protection Fee Report
 
G.   Accept the following "Outside Agency Report" for FY 2020-2021:
1. Mother Teresa Shelter, Inc.
Click to View
 
Attachments
Mother Teresa Shelter, Inc. - FY20/21 Outside Agency Report
 
H.   Authorize execution of agreement with Stoddard Enterprise, LLC for CSP No. 3176-21 Nueces County Courthouse - ADA Interior Improvements. Click to View
 
Attachments
CSP No. 3176-21 Agreement
CSP No. 3176-21 General Conditions of the Contract
 
I.   Approve execution of Agreement Amendment No. 2 with Absolute Waste Services, Inc. for IFB 3094-18 for Solid Waste Collection & Disposal Service for Coastal Parks. Click to View
 
Attachments
IFB No. 3094-18 Amendment No. 2
 
J.   Approve method of procurement (invitation for bids) for two (2) excavators, two (2) six-inch diesel powered water pumps with trailers, six (6) tractor mowers with rotary cutters, and one (1) hydro-vac truck for Public Works; and authorize Purchasing Agent to publish a notice. Click to View
 
K.   Approve a method of procurement CSP (competitive sealed proposals) for Infrastructure Construction for Emergency Generators for the Nueces County Courthouse, Main Jail and McKenzie Jail Annex; authorize the Purchasing Agent to publish a notice; and adopt an order delegating evaluation authority to a selection committee. Click to View
 
Attachments
Order CSP for Infrastructure Construction for Emergency Generators
 
L.   Authorize execution of agreement with JM Davidson, Ltd. for CSP No. 3187-21 Bob Hall Pier Demolition. Click to View
 
Attachments
CSP No. 3187-21 Agreement AIA JM Davidson, Ltd
CSP No. 3187-21 General Conditions of the Contract for Construction
 
M.   Authorize a Buyboard Contract #597-19 purchase with Doggett for one (1) Dynapac CA2500PD 84" Pad Foot Vibratory Roller for Public Works. Click to View
 
Attachments
Buyboard Contract# 597-19 Doggett Quote
 
N.   Authorize Sourcewell Contract # 032119-JDC purchase with Doggett for one (1) 2022 John Deere 524P Wheel Loader and one (1) 2022 John Deere 317G Compact Track Loader for Public Works. Click to View
 
Attachments
Sourcewell Contract #032119-JDC Doggett Quote
 
O.   Adopt a resolution authorizing the submission of a grant application to the Texas Parks and Wildlife Department's Recreational Trails Program for Lone Oak Park. Click to View
 
Attachments
Resolution Lone Oak Recreational Trails
 
3. REGULAR AGENDA:
 
A. AGENDA ITEMS
 
1.   Receive a presentation from Alyssa B. Mason, Executive Director, Corpus Christi Downtown Management District on FY 2020-2021 activities; and approve FY 2021-2022 contract. Click to View
 
Attachments
Downtown Management District - FY21/22 Contract
Downtown Management District - HB89 Form
 
2.   Discuss and consider hiring of Advanced Construction Management to assist with Task Order development and review, related to Intergovernmental Services Agreement (IGSA) project. Click to View
 
Attachments
IGSA_10-27-21
Proposal - Advanced Construction Mgmt
 
3.   Receive into record Laboratory Services Agreement with Christus Spohn Health System Corporation for laboratory services related to COVID-19 operations. Click to View
 
Attachments
Lab Services Agreement - Christus Spohn
 
4.   Discuss and consider review and replacement of Beach Management Advisory Committee (BMAC) member for failure to attend regularly scheduled meetings as required by the Committee's bylaws. Click to View
 
5.   Discuss and consider action on limiting the ability for the County Judge to unilaterally sign contracts that the Attorney General’s opinion indicates is not allowed; discuss and consider filing a court action to get a definitive legal answer on this issue. Click to View
 
Attachments
Texas Atty General Opinion KP-0393
 
6.   Discuss and consider approving temporary Deputy Medical Examiner or other options to maintain uninterrupted continuance of services of Medical Examiners Office during transition. Click to View
 
7.   Discuss and consider adopting a budget for the new administrative position in Medical Examiner’s Office. Click to View
 
8.   Discuss and consider creating a new administrative position in the Medical Examiner’s Office, and posting the job. Click to View
 
9.   Discuss and consider fairground amphitheater replacement projects under the ABM Energy Savings contract; determine course regarding replacement of amphitheater projects. Click to View
 
10.   Discuss and consider obtaining an appraisal for county-owned land adjacent to the Richard Borchard Fairgrounds. Click to View
 
11.   Discuss and consider Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District to determine which items are agreeable to the County as proposed by the City, and which items need to be sent for further negotiation. Click to View
 
12.   Discuss and consider providing American Rescue Plan Act (ARPA) premium pay to county employees working at the City of Corpus Christi – Nueces County Health District. Click to View
 
13.   Discuss and consider approval of any accrued overtime hours pursuant to County policy for essential exempt employees during declared disasters as it relates to COVID-19, including COVID-19 testing during Omicron surge, and/or storm preparedness and response; severe weather preparedness and response. Click to View
 
B. HEALTH DISTRICT
 
1.   Discuss and consider public health workforce retention pay for all eligible Health District employees to be funded through previously approved Department of State Health Services agreement supporting the public health workforce participating in the Coronavirus 2019 (COVID) response. Click to View
 
Attachments
List of retention amounts
Workforce Executed Contract
City of CC - Essential Personnel Policy
City of CC Memo 3-20-20
 
2.   Discuss and consider approval of annual merit increase for Health District employees pursuant to Reformation Agreement. Click to View
 
C. SHERIFF
 
1.   Discuss and approve the transfer of two (2) Mental Health Deputies to Constables Office Precinct 2. Click to View
 
2.   Discuss Game Room Regulations in accordance with Chapter 234 of the Texas Local Government Code. Click to View
 
Attachments
Game Room Ordinance
 
D. GRANTS
 
1.   Receive a video presentation regarding an application submitted to the Texas Veterans Commission's Fund for Veterans' Assistance grant program. Click to View
 
E. PUBLIC WORKS
 
1.   Discuss and consider selection of International Consultant Engineers (ICE) for Engineering services for structural design associated with the interior renovations at the Calderon Building; discuss and consider approval Engineering Service contract. Click to View
 
Attachments
Engineering Service Contract- Calderon Cllinic
Debarment Statement
HB 89 Boycott Verfication
 
2.   Discuss and consider approval of a Supplemental Agreement No. 1 recommended by Lockwood, Andrews & Newnam (LAN) between Nueces County and NRG Engineering for the Nueces County Courthouse and Jail Generator Project. Click to View
 
Attachments
Supplemental Agreement No. 1 - Courthouse Generator Project
 
3.   Discuss and consider approval of a Supplemental Agreement No. 1 recommended by Lockwood, Andrews & Newnam (LAN) between Nueces County and NRG Engineering for the McKenzie Jail Annex Generator Project. Click to View
 
Attachments
Supplemental Agreement No. 1 - McKinzie Jail Annex
 
F. PURCHASING
 
1.   Discuss and consider authorizing execution of agreement with Spectra Venue Management for RFP No. 3159-21 Nueces County Richard M. Borchard Regional Fairgrounds Management Services. Click to View
 
Attachments
RFP No. 3159-21 Agreement 1
RFP No. 3159-21 Agreement 2
 
G. AUDITOR
 
1.   Approve Budget Change Order No. 07 for Fiscal Year 2021-2022. Click to View
 
Attachments
BCO #7 - List
BCO #7 - BackUp
 
2.   Discuss and consider determination of possible funding source to replace County’s ERP (Enterprise Resource Planning) system and replacement of time clocks. Click to View
 
Attachments
Enterprise Resource Planning System (ERP) - Cost Estimate
Executime - Time Clock Pricing
Tyler Technologies notification
CCT 1-5-22 - Hagerty Proposed FRF Spending Framework - Preliminary Identified Priority Projects
 
H. HUMAN RESOURCES
 
1.   Discuss and consider two (2) additional Mental Health Deputies for Constable Precinct. 2. Click to View
 
2.   Discuss and consider approval of additional hours from 30 to 40 per week for the Associate Judge in Department 3150, County Court at Law 5. Click to View
 
4. EXECUTIVE SESSION: PUBLIC NOTICE is given that the Commissioners Court may elect to go into an Executive Session anytime during the meeting to discuss matters listed anywhere on the Agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. To the extent there has been a past practice of distinguishing items for public deliberation and those for executive session, the public is advised that the Court is departing from that practice, and reserves the right to discuss any listed agenda items in executive session when authorized by law to do so. In the event the Commissioners Court elects to go into Executive Session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the Executive Session will be publicly announced by the presiding officer. In accordance with the authority of the Government Code, Vernon’s Texas Codes, Sections 551.071, 551.072, 551.073, 551.074, 551.0745, 551.076, 551.086, 551.087, the Commissioners Court will hold an Executive Session to consult with attorney(s) including matters related to litigation; deliberate regarding real property, prospective gift(s), personnel matters, including termination, county advisory bodies, security devices, and/or economic development negotiations and other matters that may be discussed in an Executive Session. Upon completion of the Executive Session, the Commissioners Court may in an open session take such action as appropriate on items discussed in an Executive Session.
 
A.   Consult with County Attorney and outside counsel regarding Arbitration/Case No. 2:20-CV-00065; Nueces County vs. Certain Underwriters at Lloyds of London et al.; In the United States District Court for the Southern District of Texas; discuss settlement and division of funds; discuss and consider Public Adjuster fees; and related matters. Click to View
 
B.   Consult with County Attorney and outside Counsel regarding legal matters and continued negotiations with the City of Corpus Christi to accomplish the transition to a City-run Health District (CCNCPHD), as voted by the Commissioners Court on December 15, 2021. Click to View
 
C.   Consult with County Attorney and outside counsel in Case: 201863587, MASTER CASE v. TEXAS OPIOID LITIGATION; discuss and consider the settlement with Endo Pharmaceuticals, Teva, AmerisourceBergen, Cardinal Health, and McKesson, including the Texas State-Wide Opioid Settlement Agreement and Settlement Term Sheet and Texas Subdivision Election and Release Form; discuss and consider adoption of a Resolution approving settlement of opioid-related litigation with Endo Pharmaceuticals, Teva, AmerisourceBergen, Cardinal Health and McKesson; discuss and consider approval of settlement documents; authorize the Nueces County Attorney’s Office or outside counsel to execute settlement documents; and related matters. Click to View
 
D.   Consult with County Attorney regarding game room regulations, enforcement of regulations, and collaborative agreements and related matters. Click to View
 
E.   Consult with County Attorney and/or outside counsel regarding County Judge’s authority to unilaterally sign contracts under her emergency powers and related matters. Click to View
 
F.   Consult with the County Attorney on Cause No. 2021DCV 4839-H; THE ESTATE OF WILLIAM R. DURRILL, SR., DECEASED  VS. NUECES COUNTY, TEXAS AND ABM BUILDING SERVICES, INC.; discuss and consider hiring outside counsel to represent Nueces County; and related matters. Click to View
 
G.   Consult with County attorney and/or outside counsel regarding legal issues regarding the fairground project and amphitheater replacement; including legal issues related to Banc of America Equipment Lease/Purchase Agreement. Click to View
 
H.   Consult with County Attorney and/or outside counsel regarding potential legal issues at the Medical Examiner’s Office, and related issues. Click to View
 
I.   Consult with County Attorney on legal issues regarding the annual merit increases for the Health District. Click to View
 
Adjournment in Memory (upon request)

    

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