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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
July 27, 2010
9:00 A.M.

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 Juan Espinal
 
E.
Claim of Rene O. Ramirez
 
F.
Claim of Abraham Cavazos
 
G.
Claim of Irma Martinez
 
H.
Civil Action No. 7:09-cv-00304; Francisco Madrigal v. Sheriff Lupe Trevino and County of Hidalgo
 
I.
C-182-10-E; Maria Espino v. Deputy Glenn P. Mendoza, et al
 
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 Juan Espinal
 
E.
Claim of Rene O. Ramirez
 
F.
Claim of Abraham Cavazos
 
G.
Claim of Irma Martinez
 
H.
Civil Action No. 7:09-cv-00304; Francisco Madrigal v. Sheriff Lupe Trevino and County of Hidalgo
 
I.
C-182-10-E; Maria Espino v. Deputy Glenn P. Mendoza, et al
 
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.
Approval to accept a settlement check from State Farm Insurance Company in the amount of $2,477.86 for an auto accident with a County vehicle (Const P4).
 
C.
Approval to accept a settlement check from State Farm Insurance Company in the amount of $11,131.94 for an auto accident with a (totaled) County vehicle (Facilities Mgmt. Dept)
 
11.
County Judge's Office:
 
A.
Approval of request for reimbursement of expenses incurred under Article 104.001 and 104.002 of Texas Code of Criminal Procedures with authority for County Judge to submit request as prescribed.
 
B.
Presentation by Felicia Ramirez of the US Census
 
12.
District Attorney's Office - Roy Cazares:
 
A.
Presentation for discussion, consideration and action on recommendation for a Non-Partisan Special Election for County Commissioner Pct. #1 to be held on November 2, 2010
 
13.
Constables:
 
A.
Constable Pct. No. 1
1. Appoval to adjust position titles and compensation for the following positions and employees pursuant to the  Hidalgo County Constable Grade & Step Pay Plan:

Slot No.
Emp. No.
Current Position Title
Current
Salary 
Current
Supplemental Pay
Proposed Position Title
Proposed Salary
Proposed Supplemental
Pay
009
064084
Chief Deputy Constable Step I- Code Enforcement 
$45,980.00
$5,794.00
Senior Deputy Constable
Step III
$44,777.00
$1,200.00
010
140562
Deputy
Constable
Step II
$39,330.00
-0-
Senior Deputy
Constable
Step I
$41,800.00
$1,200.00
011
115444
Deputy Constable-
Code Enforcement
$38,000.00
-0-
Deputy
Constable
Step I
$38,000.00
$600.00
012
083623
Deputy Constable
Step I- Code Enforcement
$38,000.00
-0-
Deputy
Constable
Step I
$38,000.00
-0-

2. Approval of intradepartmental transfer.
3. Approval of revised salary schedule.
 
14.
Sheriff's Office - Chief Martinez:
 
A.
Requesting authorization and approval to retire one of the K'9 dogs.
 
15.
District Clerk - Laura Hinojosa:
 
A.
Discussion, consideration, and approval of Cooperative Agreement between the Texas Attorney General and Hidalgo County for State Case Registry and Local Customer Service.
 
16.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
B.
Health Dept- TDH PHPSB (1293) FY 2010:
1. Request approval to create one (1) regular full-time Assistant Public Health Preparedness Coordinator position, slot no. 0014, Grade level 15 for the period 8/1/2010 to 1/31/2011.
2. Request approval of the attached revised Salary Schedule (Acct # 0-1293-441-00-340-013-0)
 
C.
Health Dept- TDH PHPSB (1293) FY 2012:
1.  Requesting approval to accept the attached CPS-Bioterrorism Preparedness Contract #2010-035706, Attachment #001, in the amount of $607,056.00 for the period 8/1/2010 to 7/31/2012.

2.  Approval of Certification of Revenues as certified by the County Auditor for the CPS-Bioterrorism Preparedness Contract.

3.  Requesting approval of the attached CPS-Bioterrorism Preparedness Budget and Salary Schedules for the period 8/1/2010 to 7/31/2012 (Acct # 0-1293-441-00-340-013-2)
 
D.
Update regarding Primary Care/Substance Abuse Facility
 
E.
Health Dept- OPHP-LPH (1293):
1.  Requesting approval to accept the attached FY2011 RLSS-LPHS Contract # 2011-035550, Attachment #001, in the amount of $126,424.00 for the period 9/1/2010 to 8/31/2011.

2.  Approval of Certification of Revenues as certified by the County Auditor for the FY2011 RLSS-LPHS Contract.

3.  Requesting approval of the attached FY2011 RLSS-LPHS Contract Budget and Salary Schedules for the period 9/1/2010 to 8/31/2011 (Acct # 0-1293-441-00-340-006-1).
 
F.
Requesting authorization to accept the Affiliation and Program Agreement for Clinical Experience between Hidalgo County Health & Human Services and South Texas College for a three year term.  
 
17.
Urban County - Diana Serna:
 
A.
The Urban County Program on behalf of the City of La Villa, is requesting approval and award of best and final negotiated contract with Noe Garza Engineers, Inc. in the amount of $60.000.00.  This project will utilize Community Development Block Grant (CDBG) Years 17, 18, 22, & 23 (2004,2005,2009 & 2010) Water/Sewer Improvements funds.
 
B.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for material testing services.

2. Presentation of the scoring grid for the purpose of ranking by Hidalgo County Commissioners' Court of at least three (3) material testing service firms from the County's approved "pool" as graded and evaluated by The City of Alton, Urban County Program and Hidalgo County Purchasing Department in connection with and funded through Hidalgo County Urban County Program Year 22 (2009) City of Alton Street Improvements.

  FIRM
  GRADE
  RANK
 Earth Co.  88.00%  
 Millennium Engineers Group  93.67%  
 Raba-Kistner Consultants, Inc.  98.34%  

3. Authority to negotiate a Material Testing Service contract with the No. 1 ranked firm of _____________________ for the provision of material testing services for City of Alton Street Improvements.
 
C.
The Urban County Program on behalf of the Hidalgo County Precinct No. 4, is requesting approval and award of best and final negotiated contract with Millennium Engineers Group, Inc. in the amount of $7,446.00 utilizing Community Development Block Grant (CDBG) Year 21 (2008) Street Improvements funds.
 
D.
Requesting approval to authorize a volunteer intern position for the UCP office to allow a University of Texas at Pan- American student, currently in the masters program to complete an internship requirement.
 
E.
The Urban County Program is requesting approval of a best and final negotiated contract with L & G Engineering Laboratory, in the amount of $12,725.00 utilizing Year 22 (2009) funds for Material Testing Services for Parks, Recreational Facility Improvements to Sunrise / Sunset Park, for the Hidalgo County Precinct No. 1.
 
18.
Head Start Program - Teresa Flores:
 
A.
Discussion/Approval to Contract with The University of Texas Pan American for the Preparation of the Tri-Annual Comprehensive Community Assessment, Quote #2010-026-06-10-AT
 
B.
1.  Presentation of the providers submitting responses to the following Hidalgo County Headstart Program's Requests for Qualifications and meeting the minimum requirements as set forth in the procurement packets and as determined by the Headstart Program staff grading/scoring said responses for the purposes of  Commissioners Court accepting the providers as "qualified" in order to proceed to the next phase of the procurement process-negotiating contracts:

a.  Medical RFQ #2010-014-03-30- Nuestra Clinica Del Valle
b.  Dental RFQ #2010-014-03-30- The Children's Dentist; and, Nuestra Clinica Del Valle
c.  Mental Health RFQ #2010-015-03-30- Fina's Helping Hands; Guzman & Assoc.; and, Counseling Center of South Texas
d.  Special Services RFQ #2010-016-03-30
      
1. Bright Therapy Solutions, LLC 15. Therapy Zone, PLLC
2. Childrens Care Rehabilitation Center 16. QTP II, INc.
3. SAB & Assoc., LLC 17. Elsa Therapy & Wellness Cneter, Inc.
4. KidsSpeech, INC 18. RGV's Training Wheel Therapy Clinic, PLLC
5. Life Skills Therapy Center, LLC 19. Thera Care Rehab Services, PLLC
6. RGV Enterprises, LLC 20. Mercy Kid's Rehab
7. River Health Care, LLC 21. Best (Beyond Expectation Speech Therapy)
8. Speech Success, LLC 22. Acovill Management Company, LLC
9. Therapy Assoc., LLC 23. Valley Therapy Center
10. Tauro Investments, LLC 24. Team Success, Inc.
11. Rising Stars Therapy Center, LLC 25. Primeros Paso, LLC
12. Therapy R Us Specialist, PLLC 26. Weslaco Therapy Center
13. Head to Toe Rehab, Inc. 27. Melody Kid's Care, LLC
14. Life Span Rehab Center, LLC 28. Pro Care Therapies, PC

2.  Approval of  the negotiated contracts (approved as to form by legal counsels) for all the  professional services providers as requested through the Hidalgo County Headstart Program's RFQ for said services and as detailed above and attached hereto.
 
19.
Budget & Management - Raul Silguero Jr.:
 
A.
Status report on the 2011 Budget Process.
 
B.
Status report on Out of County Inmate Housing Expenditures.
 
C.
Salary Schedule Changes:
 
1.
Elections (1100):
a.  Approval to extend ten (10) temporary full-time Data Entry Clerk I positions, slot no.'s T110-T119, grade level 01. Positions not to exceed 12/31/10.
b.  Approval of interdepartmental transfer.
c.  Approval of revised salary schedule.
 
20.
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.
Action applicable and necessary to address flooding issues/situations directly attributable to TS/Hurricane Alex:
a.  Notice to mobilize/re-activate pre-positioned awarded firm(s) for Emergency Debris Management Services Contracts:
      1. Ashbritt -thru- mutual aid agreement/assignment
      2. Phillips & Jordan, Inc.-primary -thru HC award-HGAC pool of providers;
      3. DRC Emergency Services, LLC-secondary-same as above;
      4. Ceres Environmental Services, Inc.-tertiary-same as above;
with direction and determination of slocations/sites/areas and services to be requested as provided under contracts.

b.  Notice to mobilize/re-activate pre-positioned  contracted firm of Beck Disaster Recovery Services, Inc. for Consulting, Debris Removal Monitoring and Related Disaster Recovery Services with direction and determination of services to be requested as provided under contract.
 
5.
Pursuant to Article 14 of the current lease agreement between Hidalgo County and Edinburg Real Estate Network, discussion and applicable action in connection with exercising County's Option to Purchase by giving notice to Lessor through a completed and executed Earnest Money Contract (form approved as Exhibit "C" in orginal Lease Agreement-attached hereto) for the price of $2,850,000.00 less any Base Rent paid through closing (as defined in Purchase Contract/Earnest Money Contract).
 
B.
Pct. 1
 
1.
Requesting approval of Work Authorization #2 in the amount of $451,665.50 from L&G Engineering Consulting Engineers, Inc. d/b/a, L&G Engineering for Professional Engineering Management Services to complete the Right-Of-Way Map and Additional Surveying Services in support of TxDOT's Construction of  FM 493 from US 281 (Military Highway) North 6.65 Miles to Business Highway 83 Project through Contract #C-08-417-12-09.
 
C.
Pct. 2
 
1.
Approval of final construction contract (awarded by CC on 06-22-10) for C-10-178-06-22 "Alamo Road Crossing Drainage Improvements" between Hidalgo County and Leal Construction, Inc. in the amount of $154,917.41.
 
D.
IT Department:
 
1.
Correction to CC-Consent AI#22030 approved 7-20-10 and/or approval of new request to reflect: Authorization of wireless device service for the HEALTH DEPARTMENT through the County's membership/participation with HGAC  contract CW0502 with awarded vendor SPRINT thus eliminating the work "delete" from caption for: 5-MIFI 2200-Health & Human Services Dept.-Office Use-Employee No./NA-Cell Phone #s-210-883-6831;210-883-4017;210-883-4768;210-883-4997;210-883-4607
 
E.
District Clerk
 
1.
Acceptance and approval of proposed fees submitted by current awarded vendor "ACS Government Systems, Inc." for the redesigning/upgrading of the "Juror Summons" forms and licenses, the programming changes for the facilitation and the printing of the requested forms in an amount not to exceed $8,040.00 as requested by the District Clerk's Office as related to the "Juror-InfoScan Module" purchase previously approved by CC on 10/20/2009 as it all interweaves through Contract #C-08-302-01-06 (Purchase Of New Jury Software). 
Reprogramming changes to export new data to the ACS Juror System $1,200.00
ACS programming changes $1,475.00
Upgrading of Current Licenses $ 750.00
Redesign Of Juror Summons Form $ 675.00
Printing three colored (two sides) of 50,000 Newly Redesigned Juror Summons Forms $3,940.00
GRAND TOTAL $8,040.00

 
F.
Elections Department
 
1.
Requesting authority to exercise the option to renew/extend the final year option as provided in the Letter of Engagement (C-09-145-08-18) for "Legal Services for Re-districting Plan" between Hidalgo County and Rolando L. Rios and Associates, PLLC, under the same rates, terms and conditions, effective from 8/18/10 thru 8/17/11.
 
G.
Colonia Access Program Pct. 2
 
1.
Approval of Application for Payment No. 5 (Final) in the amount of $2,052.00 from Closner Construction Cp. LC contracted vendor for Sundowner's Retirement Center as submitted by DOS Logistics Inc. project engineer. (C-CAP-09-188-07-07)
 
2.
Acceptance and approval of the following items submitted by the awarded contractor, Closner Construction Co., LC for Sundowner's Retirement Center Subdivision as reviewed and forwarded by project engineer, DOS Logistics, Inc.-(C-CAP-09-188-07-07):
a. Application for Release of Retainage Payment in the amount of $22,667.57;
b. "Certificate of Construction Completion" reflecting the date of April 04, 2010;
 
H.
Colonia Access Program Pct. 4
 
1.
Approval that all payments (fund disbursements) be sent directly to project disbursing administrator, Construction First Sealord Surety Inc. as requested by awarded vendor, (and approved by CC 6-29-10) Garcia & Martinez Paving, Inc. as a condition to their Surety and thus directing all contract proceedings earned and to be earned under the following projects:
a. C-CAP-10-176-06-29 Road & Drainage Construction for Las Brisas Subdivision; and,
b. C-CAP-10-175-06-29 Road & Drainage Construction for Seminary Village Subdivision
 
I.
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)
 
2.
Acceptance and approval of the two (2) responses received for : RFQ No.: 2010-245-07-21CGV-"Expansion of Pool of Professional Consultants to Seek Funding and Assistance through State, Federal and Private Sector(s) and Other Sources" for Hidalgo County with term of expanded pool to expire at same time as original new pool.
 
21.
Adjourn