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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
September 28, 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 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 Jose L. Rodriguez
 
E.
Claim of George Boghs
 
F.
Claim of Maria Dolores Yanez
 
G.
Claim of Hector Pineda
 
H.
Claim of Juan Felix Hinojosa
 
I.
Claim of Erasmo Chapa
 
J.
Claim of Angelica Rodriguez
 
K.
Cause No. C-3123-03-I; Hidalgo County, Texas v. Landmark Organization, L.P. et al
 
L.
Cause #T-648-06-I; McAllen Armory, Inc. dba Armory Sports Shop v. Andy Rios individually and as a Hidalgo County Constable
 
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 Jose L. Rodriguez
 
E.
Claim of George Boghs
 
F.
Claim of Maria Dolores Yanez
 
G.
Claim of Hector Pineda
 
H.
Claim of Juan Felix Hinojosa
 
I.
Claim of Erasmo Chapa
 
J.
Claim of Angelica Rodriguez
 
K.
Cause No. C-3123-03-I; Hidalgo County, Texas v. Landmark Organization, L.P. et al
 
L.
Cause #T-648-06-I; McAllen Armory, Inc. dba Armory Sports Shop v. Andy Rios individually and as a Hidalgo County Constable
 
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 process payment of claims from Ricardo Palacios, Attorney at Law totaling $4,067.50 in connection with legal representation for indigent defendants (invoice period 2005 to 2006) with authority for County Treasurer to issue payment after review and auditing procedures are completed by Co. Auditor.
 
C.
Executive Office (1100):
1.  Approval to create one (1) full-time Environmental Compliance Specialist position, slot no. 005, budgeted salary $76,331.00.
2.  Approval of interdepartmental transfer.
3.  Approval of salary schedule.
 
11.
Constables:
 
A.
Constable Pct. #2: 
Appointment of  Fernando Gaitan as Deputy Constable by Constable Jesus Gilberto Alaniz in accordance with Texas Local Government Code 86.011.
 
12.
County Judge's Office:
 
A.
Approval of Proclamation proclaiming the month of October 2010 as "Domestic Violence Awareness" Month in Hidalgo County
 
B.
Approval of request for reimbursement of expenses for the Rubio Trial transferred from Cameron County, incurred under Article 104.001 and 104.002 of Texas Code of Criminal Procedures with authority for County Judge to submit request as prescribed.
 
13.
Sheriff's Office - Chief Martinez:
 
A.
Approval of Sheriff/Constable Fee Schedule for Year 2011.
 
B.
1.  Approval of the Organized Crime Drug Enforcement Task Forces (OCDETF) Agreement between the Hidalgo County Sheriff's Office and the Drug Enforcement Administration McAllen District Office/Houston Division Office OCDETF Strike Force Group D-81.
2. Approval of Certification of Revenues as certified by the County Auditor for the OCDETF Grant Contract.
3.  Approval to appropriate OCDETF Grant award in the amount of $49,840.00.
 
C.
Sheriff's Office OCDETF- (1284):
1. Approval of overtime program agreement between the Organized Crime Drug Enforcement Task Forces (OCDETF) and the Hidalgo County Sheriff's Office.
2. Approval of Certification of Revenues as certified by the County Auditors for the OCDETF agreement.
3. Approval to appropriate overtime funding of $14,000.00 (in reference to Investigation Number SW-TXS-0740H).
 
14.
District Clerk's Office - Laura Hinojosa:
 
A.
1. Public Hearing regarding the District Clerk's Annual Plan for the Preservation and Restoration of the District Court Records Archive as required by Section 51.305 of the Texas Government Code;

2. Approval/acceptance of District Clerk's Annual Plan for the Preservation and Restoration of the District Court Records Archive as required by Section 51.305 of the Texas Government Code.
 
15.
Tax Office - Armando Barrera:
 
A.
"Approval of Inter-Local Cooperation Agreement for Tax Assessment and Collection between HIDALGO COUNTY  and RED SANDS GROUND WATER CONSERVATION DISTRICT."
 
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.
Discussion, consideration and approval to transfer $2,125,000.00 to the County of Hidalgo Medicaid Supplemental Program Escrow Account for Indigent Health care expenditures for the 4th Quarter of Fiscal Year 2010.
 
17.
Fire Marshal's Office - Juan Martinez:
 
A.
Discussion and approval of the following 2010 Interlocal Cooperation Agreement: 
1. City of La Villa
 
18.
Emergency Services Division - Tony Pena:
 
A.
Approval of an Interlocal Cooperation Agreement between the Lower Rio Grande Valley Development Council and Hidalgo County for the participation in the enhancement of regional interoperable communications systems in the region.
 
19.
IT Department - Renan Ramirez:
 
A.
Planning Dept.:
1. Authorization to purchase through the County's membership/participation with CONTRACT: HGAC CW05-02 (REQUISITION # 181989 in the amount of $379.96) with awarded vendor SPRINT for the following service:

Quantity: Description: Department: Employee Name: Employee Number:
1 Simply Business Plan @ $89.99 + Taxes & Fees @ $5.00 X 4 months = $379.96 Planning Department Tomas J. Arredondo 105899

2. Approval of the attached Wireless Device Request Form W.1.2 under the County's cell phone policy.
 
20.
Urban County - Diana Serna:
 
A.
Hold Public Hearing to consider public comments on the County of Hidalgo's 2009 Consolidated Annual Performance and Evaluation Report (CAPER) prior to submission to the U.S. Department of Housing and Urban Development.
 
B.
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 for the purpose of ranking by Hidalgo County Commissioners' Court of at least three (3) professional engineering service firms from the County's approved "pool" as graded and evaluated by Hidalgo County Precinct No. 1, Urban County Program and Hidalgo County Purchasing Department in connection with and funded through Hidalgo County Urban County Program Year 22 (2009) Precinct No. 1 Street Improvements. 

 Firm
 Grade
 
Rank
 TEDSI Infrastructure
 92%

 DOS Logistics, Inc.
 89.67%

 Millennium Engineering Group
 86.67%



3. Authority to negotiate a Professional Engineering Service contract with the No. 1 ranked firm of _____________________ for the provision of engineering services for Hidalgo County – Precinct No. 1- Street Improvements.
 
C.
Urban County Program for the City of Peñitas is requesting consideration and action to award and enter into a Construction Contract with Total Commitment for the Street Improvements at Barcelona and Espanola Heights in the City of Peñitas in the amount of $357,792.50 utilizing UCP Year 17, 18, 20, 21, & 22 (2004, 2005, 2007, 2008, & 2009), Urban County Street Improvements line item.
 
D.
Requesting approval of a Performance Statement & Budget Amendment # 1 to the Hidalgo County Self Help Center Contract Grant #728003 under the Texas Department of Housing and Community Affairs (TDHCA), Office of Colonia Initiative (OCI) - Colonia Self-Help Center (SHC).
 
E.
TxCDBG Disast. Recov./ TDHCA Comm. Dev. Pgrm (Fund 1288):
1. Approval to change the funding source for the following position/employee effective 09/28/10:  

Employee
No.
Position
Title
Grade
Old
Slot
No.
Old Account Name/ No.
New
Slot
No.
New Account Name/ No.
 182265
Clerk II
0003
004
TXCDBG Disaster Recov
0-1288-463-00-250-006-1-XXX
003
TDHCA Community Dev. Pgrm
0-1288-463-00-250-007-1-XXX
 
2. Approval of TXCDBG Disaster Recovery grant and TDHCA Community Development Program revised salary schedules.
 
F.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional architectural services; 

2. Presentation of the scoring grid for the purpose of ranking by Commissioners' Court of at least three (3) architectural firms from the county's approved "pool" as graded and evaluated by the City of La Joya, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Years 19, 21, 22 (2006, 2008, 2009) City of La Joya, Public Facilities Improvements for construction of the Municipal Library in La Joya.

 Firm
 Grade
 
Rank 
 Alcocer Garcia Associates Design Company
 97.3

 Negrete & Kolar
 91

 ERO International, LLP
 91


3. Authority to negotiate a professional service contract with the top ranked firm of _________________ for the provision of architectural services for an Urban County Program Years 19, 21, 22 (2006, 2008, 2009) City of La Joya, Public Facilities Improvements Project.
 
G.
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 for the purpose of ranking by Commissioners' Court of at least three (3) engineering firms from the county's approved "pool" as graded and evaluated by the City of Palmview, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 23 (2010) City of Palmview, Street Improvements for reconstruction and construction of Minerva Street, North Abram Road, and Bentsen Palm Drive. 

 Firm
 Grade
 
Rank
 SAMES – Same Engineering & Surveying, Inc.
 96.6

 Guzman & Munoz Engineering and Surveying, Inc.
 96.3

 Melden & Hunt, Inc.
 95.3


3. Authority to negotiate a professional engineering service contract with the top ranked firm of ____________________ for the provision of engineering services for an Urban County Program Year 23 (2010) City of Palmview, Street Improvements for reconstruction and construction of Minerva Street, North Abram Road, and Bentsen Palm Drive.
 
H.
On behalf of the Hidalgo County Precinct No. 4, Urban County Program is requesting approval to reject the sole bid submitted by Saenz Utility Contractors of Elsa, TX with a base bid of $317,829.00, including Addendum's No. 1 and 2 with a total amount of $44,232.00 for Year 22 (2009) HUD CDBG-R Faysville Pump Station flood drainage improvements.
 
I.
1. Presentation to advise public of proposed projects to be funded by the County of Hidalgo's 2008 Round Two Supplemental Disaster Recovery Fund Non-Housing Application. 

2. Discussion, consideration and action to allocate Round Two TDRA Funds to the Hidalgo County Precincts One (1), Two (2), Three (3) and Four (4) in the amount of $26,220,884.00. 

3. Discussion, consideration and action on submittal of Round Two Supplemental Disaster Recovery Fund Non-Housing application as funded by the State of Texas, Texas Department of Rural Affairs (TDRA).
 
J.
The Urban County Program is requesting approval of an Amendment to a Professional Engineering Service contract with Halff & Associates, to increase the contract amount of $34,500.00 by $4,000.00 for a total amount of $38,500.00. The City of Progreso will utilize FY 2010 (Year 23) Street Improvements funds.
 
21.
Planning Department - Raul Sesin:
 
A.
1. Preliminary Approval of Subdivision Plat: 
    a.  Riviera Ranches Phase I Subdivision – Pct. 1 (Richard Garza)

2. Discussion and Possible Action regarding submittal of two "Identification of Colonia" forms to the Texas Water Development Board.
 
22.
Elections Administration - Yvonne Ramon:
 
A.
Approval of Contract for Lease Election Services between Hidalgo County and Edinburg Consolidated Independent School District for their election to be held on November 2, 2010.
 
B.
Approval of Full Contract Services between Hidalgo County and Donna Independent School District for their election to be held in November 2, 2010.
 
23.
Head Start Program - Teresa Flores:
 
A.
Discussion/Approval of Appointment of One (1) Community Representative by Each Member of the Commissioners' Court, to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1) Year Term According to 45 CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning October 2010
 
24.
WIC - Norma Longoria:
 
A.
1.  WIC Adm. & Vendor Liaison (1292):
a.  Requesting authorization to continue the provision of WIC Services for FY 2011 commencing October 1, 2010 - September 30, 2011 pending contract / award letter (WIC Admin & Vendor Liaison Grant contracts).
b.  Approval of Certification of Revenues as certified by the County Auditor for FY 2011 WIC Admin. & Vendor Liaison grants.
c.  Approval of appropriation of funds for the FY 2011 WIC Admin. & Vendor Liaison grant budget.
d.  Approval of FY 2011 WIC Admin. grant salary schedule.

2.  WIC BF (1292):
a.  Requesting authorization to continue the provision of the B/F Peer Counselor program for FY 2011 commencing October 1, 2010 - September 30, 2011 pending contract/ award letter.
b.  Approval of Certification of Revenues as certified by the County Auditor for the FY 2011 BF/Peer Counselor grant.
c.  Approval of appropriation of funds for the FY 2011 B/F Peer Counselor grant budget.
d.  Approval of FY 2011 B/F grant salary schedule.

3.  Registered Dietician (1292):
a.  Requesting authorization to continue the provision of the Registered Dietician program for FY 2011 commencing October 1, 2010 - September 30, 2011 pending contract/ award letter.
b.  Approval of Certification of Revenues as certified by the County Auditor for the FY 2011 Registered Dietician grant.
c.  Approval of appropriation of funds for the FY 2011 Registered Dietician grant budget.
d.  Approval to change funding source for one (1) full-time Registered Dietician I position, Grade 12, slot no. 232 from the WIC Admin grant (0-1292-441-00-350-001-1-XXX) to the Registered Dietician grant (0-1292-441-00-350-012-1-XXX).
e.  Approval of FY 2011 Registered Dietician grant salary schedule.

4.  Lactation Services (1292):
a.  Requesting authorization to continue the provision of the Lactation Services program for FY 2011 commencing October 1, 2010 - September 30, 2011 pending contract/ award letter. 
b.  Approval of Certification of Revenues as certified by the County Auditor for the FY 2011 Lactation Services grant.
c.  Approval of appropriation of funds for the FY 2011 Lactation Services grant budget. 
d.  Approval to change funding source for one (1) full-time Coordinator IV position, Grade 15, slot no. 220 from the WIC Admin grant (0-1292-441-00-350-001-1-XXX) to the Lactation Services grant (0-1292-441-00-350-013-1-XXX).
e.  Approval of FY 2011 Lactation Services grant salary schedule.
 
25.
Precinct #1 - Comm. Cuellar:
 
A.
Authorization for consideration action and/or approval to accept San Rafael Street and Angel Street as per affidavits by property owners to be included in the County Wide Roadway System.
 
26.
Precinct #2 - Comm. Palacios:
 
A.
Approval of proclamation recognizing Paulino Rivera Jr. for 30 years of service to Hidalgo County.
 
27.
Precinct #4 - Comm. Garza:
 
A.
Request authorization to rename CR 3421 to Marcedonio rd. (said road is located South of S.H. 186 between Valley View rd to West of M. Davila Sr. Rd).
 
28.
Budget & Management - Raul Silguero Jr.:
 
A.
1.  Public hearing on the 2011 Proposed Budget as per Texas Local Government Code 111.067.
2.  Discussion, consideration, and action on changes and corrections to the 2011 Proposed Budget.
3.  Approval to set salaries, allowances, and other compensation for Fiscal Year 2011.
4.  Adoption of the 2011 Annual Budget.
5.  Adoption of the 2010 Hidalgo County Ad Valorem Tax Rate.
 
B.
Constable Pct. #3 STOP Truancy Grant (1285):
Approval to deobligate unused cash match funds from the STOP Truancy grant (fund 1285, program #005) for FY 2010 and appropriate into Countywide Adm.-Contingency (fund 1100) in the amount of $9,001.31.
 
C.
Discussion, consideration and possible action regarding proposed revisions to the Travel Policy Guidelines and Procedures.
 
D.
Budget Appropriations:
 
1.
Justice Court Technology (1242):
Approval of 2010 appropriation of funds in the amount of $24,330.00 for Justice Court Technology to fund New Pct. 2 building complex project expenditures.
 
29.
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.
Approval of final negotiated contract with RGV Transport Services in connection with: Dead Body Pick-up & Transport Services Project as approved by CC for negotiation on 09/21/10.
 
5.
Presentation and concurrence by Hidalgo County Purchasing Agent, Budget Officer and County Auditor for approval of "ORDERS" for all General Fund Budgets and any other applicable budgets for the following:

a.  Cut-off date for the submission of Requisitions by Friday, October 15, 2010, on goods and/or services that require sufficient time to order and receive prior to 12-31-10 , i.e. MAJOR PURCHASES, vehicles, furniture, systems and/or equipment; and,

b.  Cut-off date for the submission of Requisitions by Friday, December 3, 2010 on goods and/or services that require sufficient time to order and receive prior to 12-31-10, i.e., DAY TO DAY PURCHASES, items necessary for daily operations;

c.  Approval to notify all departments that open purchase orders at 12-31-10 for which there is not a proper invoice and physical receipt of goods and/or services will be charged to the 2011 budgets.
 
6.
Acceptance and approval of the final negotiated contract with the sole qualified submitting physician, Norma Jean Farley, M.D. for the provision of:"Autopsies and Related Services".
 
7.
Acceptance and approval of request for payment of Invoices submitted by Beck Disaster Recovery Services, contracted consultant, in connection with services rendered due to TS/Hurricane Alex related flooding:

a.  Inv. #0119181-$ 2,177.50 for labor services for the period of July 17 thru August 6, 2010;

b.  Inv. #0119388 - $ 2,385.00 for the period of August 7 thru August 20, 2010
 
8.
a.  Approval to declare surplus County-owned property, aka, Eyhorn Property (approx. 1280 acre tract of land located at Mile 14 North Road (N/S)-intersection of Jara Chinas Road, Hidalgo County, Texas) with legal description attached hereto for the purpose of: Lease of Land for Energy Farm Development /Construction Project;

b.  Authority to advertise for Lease of Land for Energy Farm Development/Construction.
 
B.
Pct. 1
 
1.
Approval of an Amendment to the Surveying Services Contract (C-09-420-10-20) with Dos Land Surveying to extend the term of the contract until April 27, 2011 for the provision of professional surveying services to Hidalgo County Precinct #1 (on an on-call basis).
 
C.
Pct. 2
 
1.
Acceptance and approval of request for payments of the following required utility connection fees related to the construction of the New  Pct. #2 Administration Building and Other County Offices Complex:

a.  Magic Valley Electric Coop-$11,695.70 ( to provide electrical service);

b.  City of Pharr:
    1. Water Connection Fee-$  5,250.00
    2. Sewer Connection Fee-$10,000.00 
as detailed and described by V A Architecture, project architect, with authority for the Treasurer to issue checks after processing procedures completed by County Auditor.
 
D.
IT Department:
 
1.
Approval  to correct  AI#15040 (approved CC- 4/21/09) with Tyler Technologies for the IT Department to read, " annual rate" and not "annual renewal"  with Tyler Technologies, Inc.         
 
E.
Colonia Access Program Pct. #2
 
1.
Presentation for approval of disbursement of funds be sent to project disbursing administrator, Aacon Inc. as requested by awarded vendor, (approved by Commissioners Court on August 10, 2010) Total Commitment, LLC as a condition to their Surety and thus directing all contract proceedings earned and to be earned under C-CAP-10-232-08-10 Road & Drainage Construction for Aldamas I & II Subdivisions directly to project disbursing administrator for Total Commitment, LLC – Aacon Inc.
 
F.
County Clerk
 
1.
Approval of an "Amendment" to Contract #C-10-216-07-13 with Master Fibers, Inc. for: "Purchase, Removal & Related Services for Shredded & Recyclable Material" (on an as needed basis) reflecting details on timeline for payment of revenues for Hidalgo County Clerk's Office and as (approved by CC on 07/13/10). 
 
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)
 
30.
Adjourn