SPECIAL MEETING - NOVEMBER 10, 2022
BE IT REMEMBERED, that on this 10th day of November A.D., 2022, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
| HONORABLE DAVID FUENTES HONORABLE EDUARDO "EDDIE" CANTU HONORABLE EVERARDO "EVER" VILLARREAL HONORABLE ELLIE TORRES |
COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 COMMISSIONER, PRECINCT NO. 3 COMMISSIONER, PRECINCT NO. 4 |
and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:
 |
AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING NOVEMBER 10, 2022 11:00 A.M. |
|
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
In accordance with Section 551.127, NOTICE is hereby given that a physical quorum, including the presiding officer/member, will be present at the specified meeting location. Some members of the governing body and/or government officials may participate via videoconference.
Members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
1.
Roll Call (Audio Reference 0m:0s)
Commissioner Fuentes called the meeting to order at 11:03 A.M.
All members of the Court were present during the roll call, except for Judge Cortez and Commissioner Cantu.
Judge Cortez was absent, and Commissioner Cantu joined the meeting during Open Forum.
Commissioner Fuentes called the meeting to order at 11:03 A.M.
All members of the Court were present during the roll call, except for Judge Cortez and Commissioner Cantu.
Judge Cortez was absent, and Commissioner Cantu joined the meeting during Open Forum.
2.
Pledge of Allegiance (Audio Reference 0m:09s)
The Court led the reciting of the Pledge of Allegiance.
The Court led the reciting of the Pledge of Allegiance.
3.
Prayer (Audio Reference 0m:31s)
Fern McClaugherty, offered the prayer.
Fern McClaugherty, offered the prayer.
4.
Open Forum (Audio Reference 01m: 55s)
Open Forum Participant, Fern McClaugherty came before the Court to express her concerns about the financial impact that the new ambulance services may have on the Hidalgo County taxpayers, and requested clarification on the agenda items 5.A.1.A,B and C.
The Court proceeded to agenda item 6 - Closed Session. (Audio Reference 04m: 48s)
Open Forum Participant, Fern McClaugherty came before the Court to express her concerns about the financial impact that the new ambulance services may have on the Hidalgo County taxpayers, and requested clarification on the agenda items 5.A.1.A,B and C.
The Court proceeded to agenda item 6 - Closed Session. (Audio Reference 04m: 48s)
5.
Purchasing Department:
A.
Hidalgo County:
1.
AI-88250
A. Requesting authority to terminate the six (6) months contract with Skyline EMS Inc. for Precinct 3 contract # C-22-0577-09-20 EMS Ambulance Services [AI-87422 09/20/2022]. (Audio Reference 06m: 55s)
Public participant: Fern McClaugherty, came before the Court to express her concerns about the ambulance service contract and requested further clarification on agenda items 5.A.1.A., 5.A.1.B., and 5.A.1.C.
Commissioner Fuentes proceeded to make a general statement on behalf of Precinct One; stating that the Emergency Service District which provides ambulance services in rural areas of Precinct 1 could no longer afford to renew the ambulance services due to the increase in price, which tripled its annual service budget. In order to continue providing ambulance services to the constituents in rural areas of Precinct 1, the County must help in the procurement process. Fuentes goes on to address the one-year term of the new ambulance service contract for Precinct 1 and speculates about the terms of the ambulance service contract for Precinct 3. Commissioner Villarreal of Precinct 3 came forward to confirm the one-year term of the ambulance service contract for Precinct 3. Villarreal further expresses his concern about the ambulance service contract and the impact it has on the precincts' constituents financially. Commissioner Villarreal proposed the public should be made aware of the difference in cost between the ambulance services, with the approval of the Legal Council and The Purchasing Director, Eduardo Belmarez. Commissioner Villarreal goes on to address the need to create an Emergency Service District in Precinct 3 in order to properly use the funds. In a final statement made by Commissioner Fuentes, he explained the reason behind setting the ambulance services contract terms to a year was to explore ways to reduce cost but still provide the same services and care for the constituents.
Public participant: Fern McClaugherty questioned Commissioner Fuentes and Commissioner Villarreal on the number of ambulances each Precinct will have.
Commissioner Fuentes's response was that his Precinct will be getting 2 ambulances. Additionally, Commissioner Villarreal also will be getting 2 ambulances and stated that the ambulances will be used to serve only the rural areas of Precinct 3. Villarreal goes on to express his appreciation for the City of Pharr EMS providing temporary ambulance services to his Precinct free of charge.
Next, Commissioner Fuentes addressed a comment made by Mrs. McClaugherty earlier in the meeting, clarifying that the County has no control over which hospital the ambulance decides to take its patient to. In a final statement made by Public participant: Fern McClaugherty emphasized the want for good ambulance services for the best price.
Commissioner Fuentes calls on Purchasing Director, Eduardo Belmarez to take the Court through agenda items 5.A.1.A., 5.A.1.B., and 5.A.1.C.
Mr.Belmarez provides clarification on the need for agenda item 5.A.1.A. Stating that the purchasing department requested quotes on an emergency base for ambulance services due to the City of Pharr EMS no longer providing services, so in order to make sure that the ambulance services continue in Precinct 3, the purchasing department put together this agenda item. Mr. Belmarez goes on to ensure the Court that the purchasing department did its due diligence in insuring that Skyline EMS Inc., will provide the best services for Precinct 3. Commissioner Villarreal comes forward with 4 questions for Mr. Belmarez. The first was, whether the County has any authority over which hospital the ambulance takes its patients too? Mr. Belmarez responded that the County does not have any say in which hospital the ambulance goes to as it would be a conflict of interest. The second question was, does the County have any authority over any additional contracts made between the ambulance companies, hospitals, or 911 call centers? Mr. Belmarez, clarifies that the county has no control over any additional contracts made between ambulance companies, hospitals or 911 call centers, the scope of the contract with Skyline EMS Inc. holds them 100% responsible for the services in the contract only. The third question addressed the fairness of the Request for Bids process. Mr. Belmarez responded that anyone interested in placing a bid was given the same and equal opportunity to submit their best proposal, upon submission all proposals were turned over to a committee that made the best selection based on the best qualifications. Mr. Villareal's final question was whether it was appropriate for the bid amounts submitted by Skyline EMS and MED-Care EMS to be made public so that the public could see the difference in price. Legal Counselor, Josephine Ramirez, stated that once the Court has taken action, also depending on what action is taken, and then after the contract is awarded/finalized then the supporting documentation and the procurement process could be made public.
Commissioner Fuentes requested that Mr. Belmarez offer any corrections to the comments made earlier in the meeting. Mr. Blemarez made one correction stating that the term of the contract is for one year with the discretion of the county to exercise the one-year renewal in addition to a 30-day, termination clause if the services are not needed. Commissioner Villarreal and Commissioner Fuentes requested clarification on whether the company (Skyline EMS Inc.) has a termination clause against the County. Josephine Ramirez stated that the typical use of the termination clause would be due to breach of contract, in the instance of the interlocal agreement between the City of Pharr EMS, being that they are part of a government entity they would have a 30-day out clause similar to that of the County.
Public participant: Fern McClaugherty, came before the Court questioning the terms of the ambulance service contract attached to agenda item 5.A.
In response, Josephine Ramirez stated that the purchasing department has the right to shorten the terms of service. In addition, Mr. Belmarez clarified that through the RFB process, the purchasing department reserves the right to negotiate the terms and conditions of any contractual agreement.
The Court proceeded with a vote of approval on agenda item 5.A.1.A.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 5.A.1.A
Vote: 4 - 0 - Unanimously
B. Requesting authority to award to Skyline EMS Inc., for Emergency Ambulance Services based on solicitation, evaluation, scoring, and Best and Final Offers (BAFO's) under Hidalgo County's procurement process through RFP# 22-0549a-10-12-MEG for Pct. 1 (unincorporated areas, rural areas and areas serviced by ESD #2). (Audio Reference 26m: 29s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 5.A.1.B
Vote: 4 - 0 - Unanimously
C. Requesting authority to award to Skyline EMS Inc., for Emergency Ambulance Services based on solicitation, evaluation, scoring, and Best and Final Offers (BAFO's) under Hidalgo County's procurement process through RFP# 22-0549b-10-12-MEG for Pct. 3.(Audio Reference 27m: 06s)
Commissioner Cantu made a comment in regard to the change from zero subsidies to now charging for ambulance services, which prompted the need for these new agreements.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 5.A.1.B
Vote: 4 - 0 - Unanimously
The Court proceeded to agenda item 7.A. (Audio Reference 29m: 30s)
Public participant: Fern McClaugherty, came before the Court to express her concerns about the ambulance service contract and requested further clarification on agenda items 5.A.1.A., 5.A.1.B., and 5.A.1.C.
Commissioner Fuentes proceeded to make a general statement on behalf of Precinct One; stating that the Emergency Service District which provides ambulance services in rural areas of Precinct 1 could no longer afford to renew the ambulance services due to the increase in price, which tripled its annual service budget. In order to continue providing ambulance services to the constituents in rural areas of Precinct 1, the County must help in the procurement process. Fuentes goes on to address the one-year term of the new ambulance service contract for Precinct 1 and speculates about the terms of the ambulance service contract for Precinct 3. Commissioner Villarreal of Precinct 3 came forward to confirm the one-year term of the ambulance service contract for Precinct 3. Villarreal further expresses his concern about the ambulance service contract and the impact it has on the precincts' constituents financially. Commissioner Villarreal proposed the public should be made aware of the difference in cost between the ambulance services, with the approval of the Legal Council and The Purchasing Director, Eduardo Belmarez. Commissioner Villarreal goes on to address the need to create an Emergency Service District in Precinct 3 in order to properly use the funds. In a final statement made by Commissioner Fuentes, he explained the reason behind setting the ambulance services contract terms to a year was to explore ways to reduce cost but still provide the same services and care for the constituents.
Public participant: Fern McClaugherty questioned Commissioner Fuentes and Commissioner Villarreal on the number of ambulances each Precinct will have.
Commissioner Fuentes's response was that his Precinct will be getting 2 ambulances. Additionally, Commissioner Villarreal also will be getting 2 ambulances and stated that the ambulances will be used to serve only the rural areas of Precinct 3. Villarreal goes on to express his appreciation for the City of Pharr EMS providing temporary ambulance services to his Precinct free of charge.
Next, Commissioner Fuentes addressed a comment made by Mrs. McClaugherty earlier in the meeting, clarifying that the County has no control over which hospital the ambulance decides to take its patient to. In a final statement made by Public participant: Fern McClaugherty emphasized the want for good ambulance services for the best price.
Commissioner Fuentes calls on Purchasing Director, Eduardo Belmarez to take the Court through agenda items 5.A.1.A., 5.A.1.B., and 5.A.1.C.
Mr.Belmarez provides clarification on the need for agenda item 5.A.1.A. Stating that the purchasing department requested quotes on an emergency base for ambulance services due to the City of Pharr EMS no longer providing services, so in order to make sure that the ambulance services continue in Precinct 3, the purchasing department put together this agenda item. Mr. Belmarez goes on to ensure the Court that the purchasing department did its due diligence in insuring that Skyline EMS Inc., will provide the best services for Precinct 3. Commissioner Villarreal comes forward with 4 questions for Mr. Belmarez. The first was, whether the County has any authority over which hospital the ambulance takes its patients too? Mr. Belmarez responded that the County does not have any say in which hospital the ambulance goes to as it would be a conflict of interest. The second question was, does the County have any authority over any additional contracts made between the ambulance companies, hospitals, or 911 call centers? Mr. Belmarez, clarifies that the county has no control over any additional contracts made between ambulance companies, hospitals or 911 call centers, the scope of the contract with Skyline EMS Inc. holds them 100% responsible for the services in the contract only. The third question addressed the fairness of the Request for Bids process. Mr. Belmarez responded that anyone interested in placing a bid was given the same and equal opportunity to submit their best proposal, upon submission all proposals were turned over to a committee that made the best selection based on the best qualifications. Mr. Villareal's final question was whether it was appropriate for the bid amounts submitted by Skyline EMS and MED-Care EMS to be made public so that the public could see the difference in price. Legal Counselor, Josephine Ramirez, stated that once the Court has taken action, also depending on what action is taken, and then after the contract is awarded/finalized then the supporting documentation and the procurement process could be made public.
Commissioner Fuentes requested that Mr. Belmarez offer any corrections to the comments made earlier in the meeting. Mr. Blemarez made one correction stating that the term of the contract is for one year with the discretion of the county to exercise the one-year renewal in addition to a 30-day, termination clause if the services are not needed. Commissioner Villarreal and Commissioner Fuentes requested clarification on whether the company (Skyline EMS Inc.) has a termination clause against the County. Josephine Ramirez stated that the typical use of the termination clause would be due to breach of contract, in the instance of the interlocal agreement between the City of Pharr EMS, being that they are part of a government entity they would have a 30-day out clause similar to that of the County.
Public participant: Fern McClaugherty, came before the Court questioning the terms of the ambulance service contract attached to agenda item 5.A.
In response, Josephine Ramirez stated that the purchasing department has the right to shorten the terms of service. In addition, Mr. Belmarez clarified that through the RFB process, the purchasing department reserves the right to negotiate the terms and conditions of any contractual agreement.
The Court proceeded with a vote of approval on agenda item 5.A.1.A.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 5.A.1.A
Vote: 4 - 0 - Unanimously
B. Requesting authority to award to Skyline EMS Inc., for Emergency Ambulance Services based on solicitation, evaluation, scoring, and Best and Final Offers (BAFO's) under Hidalgo County's procurement process through RFP# 22-0549a-10-12-MEG for Pct. 1 (unincorporated areas, rural areas and areas serviced by ESD #2). (Audio Reference 26m: 29s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 5.A.1.B
Vote: 4 - 0 - Unanimously
C. Requesting authority to award to Skyline EMS Inc., for Emergency Ambulance Services based on solicitation, evaluation, scoring, and Best and Final Offers (BAFO's) under Hidalgo County's procurement process through RFP# 22-0549b-10-12-MEG for Pct. 3.(Audio Reference 27m: 06s)
Commissioner Cantu made a comment in regard to the change from zero subsidies to now charging for ambulance services, which prompted the need for these new agreements.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 5.A.1.B
Vote: 4 - 0 - Unanimously
The Court proceeded to agenda item 7.A. (Audio Reference 29m: 30s)
Attachments:
6.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following: (Audio Reference 04m: 48s)
The Court proceeded into Closed Session with a vote of approval at 11:08 A.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 4 - 0 - Unanimously
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following: (Audio Reference 04m: 48s)
The Court proceeded into Closed Session with a vote of approval at 11:08 A.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 4 - 0 - Unanimously
A.
Private consultation and advice of counsel concerning pending, potential and/or contemplated litigation, settlement offers, and/or legal matters subject to the attorney-client priviledge under the authority of the Open Meetings Act Section 551.071, Government Code.
Reference agenda item 8.A.
Reference agenda item 8.A.
7.
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation." (Audio Reference 29m: 30s)
No action was taken on agenda item 7. A.
B. Engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)
No action was taken on agenda item 7. B.
No action was taken on agenda item 7. A.
B. Engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)
No action was taken on agenda item 7. B.
8.
Open Session: (Audio Reference 04m: 48s)
The Court returned from Closed Session at 11:57 A.M.
The Court proceeded to agenda item 5.A. (Audio Reference 06m: 55s)
The Court returned from Closed Session at 11:57 A.M.
The Court proceeded to agenda item 5.A. (Audio Reference 06m: 55s)
A.
Pending and/or potential litigation (Audio Reference 29m: 45s)
No action was taken on agenda item 8. A.
No action was taken on agenda item 8. A.
9.
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed (Audio Reference 29m: 50s)
The Court did not proceed into closed session - agenda item 9
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed (Audio Reference 29m: 50s)
The Court did not proceed into closed session - agenda item 9
10.
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed (Audio Reference 29m: 53s)
The Court did not proceed to agenda item 10 - Open Session.
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed (Audio Reference 29m: 53s)
The Court did not proceed to agenda item 10 - Open Session.
11.
Adjourn
Commissioner Fuentes adjourned the meeting with a vote of approval at 12:21 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 - Unanimously
Commissioner Fuentes adjourned the meeting with a vote of approval at 12:21 P.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 - Unanimously
There being no further business to come before said
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 10th day of November, 2022
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Karina Esparza , Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on
November 10, 2022.
Signed this 14th day of November 2022
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Karina Esparza, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 10th day of November, 2022
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Karina Esparza , Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on
November 10, 2022.
Signed this 14th day of November 2022
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Karina Esparza, Deputy