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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
May 4, 2010
9:00 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:

1.
Roll Call
 
2.
Pledge of Allegiance
 
3.
Prayer
 
4.
Approval of Consent Agenda
 
5.
Open Forum
 
6.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.087 to discuss the following:
 
A.
Real Estate Acquisition
 
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
 
C.
Pending and/or potential litigation
 
D.
Claim of Cristobal Garza
 
E.
Claim of Christina Frias
 
F.
Cause No. CCD-1499-D; Hidalgo County, Texas Right of Way v. Yvette Espericueta; in County Court at Law No. Four of Hidalgo County, Texas
 
G.
Cause No. CCD-1500-E; Hidalgo County, Texas, Department of Right-of-Way v. Rio Avenue Development Company, Inc. in County Court at Law No. Five of Hidalgo County, Texas
 
H.
Cause No. CL-07-3004-A; Manzanares v. County of Hidalgo
 
I.
C-223-10-H; Samuel Zuniga v. Sheriff Lupe Trevino and County of Hidalgo
 
J.
C-1135-10-G; Jose Luis Salas, et al v. County of Hidalgo
 
K.
Deliberate regarding commercial or financial information from a business prospect that the County of Hidalgo seeks to have locate, stay or expand in Hidalgo County and with which Hidalgo County is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to such business prospect pursuant to Chapter 551, Texas Government Code, Section 551.087.
 
7.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
 
C.
Pending and/or potential litigation
 
D.
Claim of Cristobal Garza
 
E.
Claim of Christina Frias
 
F.
Cause No. CCD-1499-D; Hidalgo County, Texas Right of Way v. Yvette Espericueta; in County Court at Law No. Four of Hidalgo County, Texas
 
G.
Cause No. CCD-1500-E; Hidalgo County, Texas, Department of Right-of-Way v. Rio Avenue Development Company, Inc. in County Court at Law No. Five of Hidalgo County, Texas
 
H.
Cause No. CL-07-3004-A; Manzanares v. County of Hidalgo
 
I.
C-223-10-H; Samuel Zuniga v. Sheriff Lupe Trevino and County of Hidalgo
 
J.
C-1135-10-G; Jose Luis Salas, et al v. County of Hidalgo
 
K.
Deliberate regarding commercial or financial information from a business prospect that the County of Hidalgo seeks to have locate, stay or expand in Hidalgo County and with which Hidalgo County is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to such business prospect pursuant to Chapter 551, Texas Government Code, Section 551.087
 
8.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
9.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
10.
Executive Officer - Valde Guerra:
 
A.
1. 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."

2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation"
 
B.
Domestic Relations Office (1100):
Pursuant to Government Code Section 51.961 subsection (e), requesting approval to unreserve funds from the Family Protection Fee reserve fund balance and set up a budget for the the Domestic Relations Office in the amount of $57,000.00.
 
C.
Edinburg Boys & Girls Club:
Approval to accept materials/supplies from the Edinburg Boys & Girls Club for renovations/repairs to the San Carlos Community Center, located on 6th St. & Hwy. 107.
 
11.
Constables:
 
A.
Constable Pct. #1 LEOSE (1220):
1. Approval of certification of revenues, as certified by the County Auditor, for the 2010 LEOSE (Peace Officer allocation) funds award received from the Texas Comptroller of Public Accounts office.
2. Approval of 2010 appropriation of funds for the Constable Precinct 1 - LEOSE (1220) and 2009 LEOSE interest earned in the total amount of $1,185.66.
 
12.
County Judge's Office:
 
A.
1. Approval of proclamation recognizing May 3-9, 2010 as Public Service Recognition Week and honoring all County officials and employees for their dedicated service.
2. Recognition of County officials and employees who have served for 25 or more years.
 
13.
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
1.  Approval to delete one (1) vacant Senior Deputy Sheriff Step I - Warrant Officer position, slot no. 0011, budgeted salary $41,800.00.
2.  Approval to create one (1) regular full-time Collections Analyst position, slot no. 0068, salary in the amount of $41,800.00.
3.  Approval of revised salary schedule.
 
14.
Sheriff's Office - Chief Martinez:
 
A.
1.  Approval of Resolution for the Local Border Security Program Grant from Criminal Justice Division, Office of the Governor.
2.  Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program (CJD) Grant.
3.  Approval of budget appropriation for the Hidalgo County Sheriff's Office portion of the Local Border Security Program (CJD) Grant in the amount of $654,210.00.
 
B.
1. Approval of certification of revenues as certified by the Co. Auditor for the COPS Technology Program Grant.
2. Approval of budget appropriation for the COPS Technology Program Grant from the U. S. Department of Justice, Office of Community Oriented Policing Services (COPS) in the amount of $75,000.00.
 
15.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
16.
Fire Marshal's Office - Juan Martinez:
 
A.
Discussion, consideration and approval of the 2010 Interlocal Cooperation Agreement for Rural Emergency Services between participating cities and Hidalgo County.
 
17.
Facilities Management - Richard Sunday:
 
A.
Pursuant to fuel policy, requesting approval to reimburse Rick Sunday for the purchase of fuel for the Facilities Management department in the amount of $6.00 with authority for County Treasurer to issue payment/check after Auditors processing procedures are completed.
 
18.
Urban County - Diana Serna:
 
A.
Public Hearing regarding the draft 2010-2011 Hidalgo County Urban County Program One Year Action Plan and the Three (3) Year Consolidated Plan for Program Years 23, 24 & 25. (2010-2011, 2011-2012, and 2012-2013).
 
B.
Approval of a Resolution authorizing approval and submittal of the 2010-2012 Three Year Consolidated Strategy Plan for Years 2010 to 2012 to the Department of Housing and Urban Development (HUD).
 
C.
Requesting approval for a Release of Lien for the Deed of Trust between the Urban County Program and South Texas Economic Development Corporation, Inc. (STEDC) executed on December 22, 1998 in the amount of $120,000 for the purpose of purchase and rehabilitation of the Casa Linda Apartment Complex which consists of eight (8) units located in Edcouch, Texas.
 
D.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Engineering services.

2. Presentation of the scoring grid (of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by UCP Home Staff) for the purposes of ranking by Commissioners' Court in connection with an Urban County Program Owner-Occupied Rehabilitation project for a certificate of elevation. 

Firm
Grade
Rank
R. Gutierrez Engineering Inc.
98
_____
J.E. Saenz & Associates Inc.
95
_____
Millennium Engineers Group
81
_____

3. Authority to negotiate a one (1) year professional engineering service contract with the No. 1 ranked firm __________________________ for a certificate of elevation services.
 
E.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for construction materials testing;

2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) construction materials testing firms from the County's approved "pool" as graded and evaluated by Hidalgo County Precinct No. 2, Urban County Program and Hidalgo County Purchasing Department in connection with and funded through Hidalgo County Urban County Program Year 20 (2007) and Year 21 (2008) Precinct No. 2, Street Improvements for El Charro No. 2 Subdivision (Inca St.). 

Firm
Grade
Ranked
Raba Kistner Engineering

97

________
L & G Engineering Laboratory
94


________


Earth Co.
86
________

3. Authority to negotiate a construction materials testing services contract with the No. 1 ranked firm __________________ for an Urban County Program – Hidalgo County Precinct No. 2, Street Improvements for El Charro No. 2 Subdivision (Inca St.).
 
F.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Engineering services testing.

2. Presentation of the scoring grid of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by UCP Home Staff for the purposes of ranking by Commissioners' Court in connection with and Urban County Program Owner-Occupied Rehabilitation project for materials testing. 

Firm Grade Rank
Terracon Consultants Inc.
93
        _______
Raba Kistner Engineering
89
        _______
L & G Engineering Laboratory, LLC
85
        _______

3. Authority to negotiate a one (1) year professional engineering service contract with the No. 1 ranked firm ______________________ for the provision of materials testing.
 
19.
Elections Administration - Yvonne Ramon:
 
A.
Approval of Full Contract Election Services between Hidalgo County and Weslaco ISD for their election to be held on May 8, 2010.
 
B.
Approval of Lease Contract for Election Services between Hidalgo County and PSJA Independent School District for their election to be held on May 8, 2010.
 
C.
Approval of Full Contract for Election Services between Hidalgo County and City of Edcouch for their election to be held on May 8, 2010.
 
D.
Approval of Full Contract Election Services between Hidalgo County and South Texas College for their election to be held on May 8, 2010.
 
20.
WIC - Norma Longoria:
 
A.
1. Approval to amend (increase) the WIC Budget in the  amount of 676,876.00
    effective May 1, 2010 with a rate of $11.50 per participant. 
2. Approval of Certification of Revenues as certified by Mr. Ray Eufracio, County Auditor 
    in the amount of 676,876.00.
3. Approval of appropriation of funds for the FY 2010 WIC Grant. 
 
B.
Requesting approval to reimburse Hidalgo County WIC Program employee Sylvia Casas # 086681 for the purchase of fuel for the 2003 WIC Mobile VIN# FCB35530A5407 in the amount of # 127.28. Req. 172821.
 
21.
Juvenile Probation - Israel "Buddy" Silva:
 
A.
Juv. Detention (1100)
1.  Approval to create four (4) regular full-time JSO/Detention Officer positions, slot no.'s 0085 - 0088, budgeted salary $32,120.00 for each.
2.  Approval of interdepartmental transfer.
3.  Approval of revised salary schedule.
 
22.
Right of Way - Joe Pena:
 
A.
Authorization for surveys metes & bounds, title reports, appraisals and acquisition of additional right of way for the expansion of LJ Park.
 
B.
Consideration and approval to purchase a certain tract of land described as Parcel # 8 10th Street Extension Project: SH 107 to FM 1925 (Monte Cristo Road) - Gloria Guerra.
 
23.
Colonia Access Program - Agapito Vargas
 
A.
Presentation for discussion, consideration and action for approval of Funding Agreement For Border Colonia Access Program Amendment #4, to construct access roads in the County's colonias under terms of the second call of the Border Colonia Access Program. This agreement shall remain in effect until the completion of Border Colonia Access Program second call.
 
24.
Precinct #1 - Comm. Cuellar:
 
A.
Authorization and/or approval for title reports for the Zamorano Street County Road Dedication.
 
B.
Discussion, consideration and approval of backpay for employee no. 115444 for meeting the requirements of the Law Enforcement Grade and Step Pay Plan on September 13, 2009.
 
25.
Precinct #2 - Comm. Palacios:
 
A.
Approval of proclamation recognizing the RGV Vipers as the NBA D-League Champions
 
B.
Discussion, consideration and approval of Interlocal Cooperation Agreement between City of San Juan and County of Hidalgo for drainage improvements to an area 1/4 mile South of Sioux Road along Cesar Chavez Road.
 
26.
Precinct #3 - Comm. Flores:
 
A.
Approval of re-appointment of board member to the Housing Authority Board
 
B.
Authorization title reports, appraisals, surveys metes & bounds and additional Right of Way on 4 Mile Line (Tom Gill to Jara Chinas Road).
 
27.
Budget & Management - Raul Silguero Jr.:
 
A.
1. Approval of Certification of Revenues as certified by the County Auditor for the FY 2009 OJJDP FY 09 Earmarks Programs - Truancy Program Grant.

2. Approval of 2010 appropriation of funds for the OJJDP FY 09 Earmarks Programs - Truancy Program Grant with the U.S. Department of Justice - Office of Juvenile Justice and Delinquency Prevention (OJJDP) in the amount of $300,000.00.
 
B.
Approval to extend grant period by one year for the OJJDP FY 08 Earmarks Programs - Truancy Program Grant Award with the U.S. Department of Justice - Office of Juvenile Justice and Delinquency Prevention (OJJDP) ($491,892.00).
 
C.
Approval to extend grant period by one year for the OJJDP FY 09 Earmarks Programs - Truancy Program Grant Award with the U.S. Department of Justice - Office of Juvenile Justice and Delinquency Prevention (OJJDP) ($300,000.00).
 
D.
Budget Appropriations:
 
1.
Parks Co. Wide (1210):
Approval of 2010 unappropriation of funds for Parks Co. Wide (1210) in the amount of $30,000.00.
 
2.
Constable Pct. #2:
a.  Approval of 2010 budget appropriation for the Hidalgo County Constable's Office (Pct 2) portion of the Local Border Security Program (CJD) Grant (fund 1284) in the amount of $83,430.00. 

Constable Pct. #3:
b.  Approval of 2010 budget appropriation for the Hidalgo County Constable's Office (Pct 3) portion of the Local Border Security Program (CJD) Grant (fund 1284) in the amount of $162,360.00.
 
28.
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.

B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
Hidalgo County
 
1.
Current inter-local(s) and/or contract(s) for the "Housing of Inmates"
 
2.
Presentation for discussion, consideration and action
Including, but not limited to, the following items in connection with New Adult Detention Center:
         a)  Detention Facility Law Enforcement Center Design- Build Contract with including action regarding Landmark Application for payment, final punch list and release of retainage
         b)  Construction of additional pod(s)
         c)  Selection and engagement of an architect for the construction of additional pods
 
3.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
        a) Renovations of administration building
        b) Other ongoing county owned building construction, renovation repair projects 
        c) Emergency situations occurring since last agenda meeting
 
4.
a. Requesting authority to exercise the second year (of the four(4)-one(1)year) extension as provided in the current extended contract #E-09-249-05-26 for the Service and Maintenance Support of Hidalgo County Phone System (Shore Tel Direct Maintenance & Support)to include Shore Tel's upgraded pricing structure support catalog pricing for the renewal year to be effective as of June 17, 2010, and or in the alternative; 
b. Requesting approval of the sixty (60) day grace period extension as provided in the current contract between Hidalgo County and Ruperto Lee Gonzalez dba Lava Concepts & Consulting so as to have no lapse in services while procurement process is completed, and 
c. Requesting authority to advertise for "Support & Maintenance Service of Hidalgo County's Phone System" inasmuch as specifications and requirements will be modified.
 
5.
Requesting approval of a request for payment for a "permit" in the amount of $300.00 to the Hidalgo County Irrigation District No. 1 (HCID No. 1) to (install a storm sewer bleeder line into TXDOT's inlet located on the east side of the property, North of Schunior Street in connection to the "Hidalgo County Primary Care and Substance Abuse Facility" project and as submitted and requested by "project engineer" Quintanilla, Headley & Associates, Inc., with authority for County Auditor to review and complete processing procedures and for County Treasurer to issue payment.
 
B.
Pct. 2
 
1.
Approval of requests for payment for the following listed invoices submitted by CAS Companies, L.P., with authority for County Auditor to review and complete processing procedures and for County Treasurer to issue payment in connection with: "Hidalgo County Precinct No. 2 -South Tower CRC/Park  Pending Construction Items"- (2010-403-11-06-MSS);

Purchase Order NO. Invoice No. Invoice Description Invoice Amount
614127 0840806-4 Final Invoice $186,671.85
614127 0840806-5 Retainage Release $27,656.25
 
C.
Pct. 3
 
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service for Engineering Services

b. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" of engineers in connection with professional Engineering Services required for Precinct No  Roads & Bridge Projects and Drainage Improvements Projects. 
1st.__________________;2nd.__________________;3rd. __________________

c. Authority for the Purchasing Department to negotiate a professional Engineering Services Contract with the No.1 ranked firm of ___________________________ for the provision of Engineering Services for Precinct No   3   Roads & Bridge Projects and Drainage Improvements Projects.
 
2.
Requesting authority to advertise and approval of procurement packet (i.e. legal notice, specifications and draft requirements agreement) as attached hereto and drafted by project engineer, Javier Hinojosa Engineering for the purpose of receiving bids for Prairie View Sub Phase I; which requires a dry boring method for proposed project #10-185.
 
3.
Presentation for consideration, discussion, acceptance, and approval of Work Authorization No. 5 in the amount of $13,271.38 with L&G Engineering to provide engineering services for the "Citrus Shadows, Los Ninos, Stewart Palms & Val Verde Acres Subdivision" in Pct. #3 through with Contract No. C-09-177-05-26
 
D.
Health & Human Services Dept.
 
1.
Recommending award of bid to sole bidder meeting all specifications/requirements attached hereto for Hidalgo County Health And Human Services Dep't.-"Testing System And Related Supplies" RFB No.: 2010-071-04-07-SGS.
 
E.
Colonia Access Program Pct. 2
 
1.
Presentation for acceptance and approval of a "Certificate of Substantial Completion" with Closner Construction Co., L.C., reflecting the substantial completion date of January 29, 2010 for the "Construction of Road and Drainage Improvements to Citriana Village Subdivision," for Precinct No. 2 as submitted and certified by engineer, Cruz-Hogan Consultants, Inc.
 
F.
Juvenile Probation
 
1.
Presentation for discussion, consideration and approval to rescind action taken by Commissioners Court on 04/06/2010 on acceptance and approval of the qualifying participants submitting responses to the "Expansion Of Pool For Licensed Professional Counselor(s)-RFP No: 2010-023-02-10-SGS" with "Lilia Varela-Rios dba Growing Generations Of South Texas" due to not meeting insurance requirements as stated and requested in the Request For Proposals.
 
G.
Co. Wide
 
1.
HIDALGO COUNTY RE: REAL ESTATE ACQUISITIONS-
Requesting authority to obtain and approval of (when applicable), including, but not limited to, the following items necessary in anticipation of real property/estate acquisition(s): fair market value appraisals, inspections, surveys, all phases-environmental assessments, title reports or title policies services, commercial contracts (improved property) or option contracts with authority for County Auditor to issue required earnest money payment(s) or option payment(s) and County Judge or Presiding Officer to execute necessary/required document(s)
 
29.
Adjourn