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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
November 9, 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 to discuss the following:
 
A.
Real Estate Acquisition
 
B.
Cause No. C-3123-03-I; Hidalgo County, Texas v. Landmark Organization, L.P. et al
 
C.
Pending and/or potential litigation
 
D.
Claim of Rogelio Mata
 
E.
Claim of Jason Jimenez
 
F.
C-3391-10-D; Maria Isabel Morales v. Cemex Construction Materials South LLC and Sheriff Guadalupe "Lupe" Trevino
 
G.
Nicolas Cantu v. Hidalgo County; Cause #C806-07-F
 
7.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Cause No. C-3123-03-I; Hidalgo County, Texas v. Landmark Organization, L.P. et al
 
C.
Pending and/or potential litigation
 
D.
Claim of Rogelio Mata
 
E.
Claim of Jason Jimenez
 
F.
C-3391-10-D; Maria Isabel Morales v. Cemex Construction Materials South LLC and Sheriff Guadalupe "Lupe" Trevino
 
G.
Nicolas Cantu v. Hidalgo County; Cause #C806-07-F
 
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 settlement check from Unitrin Insurance Company in the amount of $835.76 to settle auto accident with County vehicle. (Precinct 3)
 
11.
County Judge's Office:
 
A.
1.  Acceptance of resignation of County Judge
2.  Approval to appoint Interim County Judge 
 
12.
County Clerk - Arturo Guajardo, Jr.:
 
A.
Approval of Official Bond for Interim County Judge
 
13.
District Attorney's Office - Roy Cazares:
 
A.
1.  Approval of the Title IV-E Child Welfare Services Renewal Contract - Contract #23381025. 
2.  Approval of certifications regarding Lobbying; Drug-Free Workplace; and Anti-Trust.
3.  Approval for County Judge to sign the required documents.
 
14.
Sheriff's Office - Chief Martinez:
 
A.
1.  Approval of Vehicle Use Agreement with National Insurance Crime Bureau (NICB) for one (1) 2003 Cadillac CTS (VIN #1G6DM57N730164874) for the consideration of $1.00 (one dollar) for said vehicle.
2.  Approval to authorize County Auditor to process payment for $1.00 to National Insurance Crime Bureau.  The amount is to be charged to the Sheriff's Office Account #0-1100-421-00-280-001-0-741.
 
B.
Sheriff's Office - FBI Overtime (1284):
1.  Approval to accept overtime funding from the Federal Bureau of Investigation (FBI) for a third position.
2.  Approval of Certification of Revenues as certified by the County Auditors for the FBI agreement for overtime.
3.  Approval of budget amendment (increase) for additional funding in the amount of $17,202.25.
 
15.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
B.
1. Public Hearing on the On-Site Sewage Facility (OSSF) Orders Ordinance and Resolutions in accordance to Texas  Health & Safety Code Chapter 366.                                          
2. Requesting approval to pass the 2010 OSSF Orders as modified and presented.
3. Authorization and approval for HCHHS to follow up with each of the municipalities and update our OSSF inter-local agreement for their cities and ETJ 
 
16.
HIDTA - Task Force - Dora Munoz:
 
A.
Authorization and approval to transfer $10,000.00 from the Hidalgo County HIDTA Task Force to the McAllen Independent School District - Police Department, under the State of Texas, Code of Criminal Procedure, Chapter 59. Forfeiture of Contraband.
 
17.
Urban County - Diana Serna:
 
A.
1. Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 3's proposed Budget and Program Amendment to their existing Urban County Program work plan for FY 18, 20, & 22 (2005, 2007, & 2009).  The proposed amendment will reallocate funds in the total amount of $44,022.00 from the Street Improvements activity into a new Water/Sewer Improvements activity.

2. Consideration and request of approval of a Budget and Program Amendment for Hidalgo County Precinct No. 3 FY 18, 20, & 22 (2005, 2007, & 2009) work plans. The proposed amendment will reallocate funds in the total amount of $44,022.00 from the Street Improvements activity into a new Water/Sewer Improvements activity to provide water meters and septic tanks for up to 5 families in Vallejo Subdivision.
 
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 purposes of ranking by CC of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by City of Edcouch, Urban County Program and Hidalgo County Purchasing Department in connection with and funded through Hidalgo County Urban County Program Year 23 (2010) City of Edcouch, Flood Drainage Improvements. 

 Firm
 Grade
 Rank
 Quintanilla, Headley and Associates
 96%
 
 Rodriguez Engineers
 90%
 
 Cruz-Hogan Consultants, Inc.
 86.67%
 

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm ________________ for an Urban County Program – City of Edcouch, Flood Drainage Improvements project.
 
C.
The Urban County Program is requesting approval of a best and final negotiated contract with S&B Infrastructure, LTD. in the amount of $145,000.00 utilizing funds from Year 23 (2010) for the City of La Joya's Water/Sewer Improvements - Engineering Services to design the Preliminary and Design Phases of the La Joya water plant.
 
D.
Urban County Program on behalf of the City of Mercedes is requesting authority to purchase Fire Station Equipment through Hidalgo County's membership and participation with Buy Board, approved vendor Dooley Tackaberry, (contract #284-08) in the amount of $5,323.55 (quote attached hereto) to include fees and discounts as requested by the City of Mercedes.  UCP Year 23 (2010) Mercedes – Fire Station Equipment funds will be utilized along with City of Mercedes General Funds.
 
E.
1. Requesting approval to re-certify the Affordable Homes of South Texas, Inc. (AHSTI) and Proyecto Azteca as Community Housing Development Organization (CHDO's) within the County of Hidalgo.

2. Requesting approval to execute the 2010 HOME/CHDO contracts for Affordable Homes of South Texas, Inc. (AHSTI) and Proyecto Azteca.
 
F.
Urban County Program on behalf of the Hidalgo County Precinct No. 2 is requesting consideration and action to award and enter into a construction contract with Alvarez Construction (lowest bidder meeting all specifications and/or requirements) for the Street Improvements Project located in the Hidalgo County Precinct No. 2 in the amount of $207,661.50 utilizing Years 17, 18, 19, 20 &21 (2004, 2005, 2006, 2007 & 2008) street improvement funds. The project consists of street and drainage improvements to Inca Drive.
 
G.
Urban County Program on behalf of the City of Edcouch, is requesting consideration and action to award and enter into a contract with OMT Utilities (lowest of three (3) quotes for the purchase and installation of aerators and mixer) for the waste water treatment plant located in the City of Edcouch.  The amount of contract will not exceed $46,300.00 utilizing Years 21 & 22 (2008 & 2009) Water/Sewer improvement funds.
 
H.
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. 4, Urban County Program and Hidalgo County Purchasing Department in connection with and funded through Hidalgo County Urban County Program Year 21 (2008) Precinct No. 4, Street Improvements - Ingle Road. 

 Firm
 Grade
 Rank
 MEG Consultants – Geotechnical Testing
 96.67
 
 RABA Kistner
 96
 
 Professional Service Industries, Inc.
 92.67
 

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. 4, Street Improvements project (Ingle Road).
 
I.
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 purposes of ranking by CC of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by City of Edcouch, Urban County Program and Hidalgo County Purchasing Department in connection with and funded through Hidalgo County Urban County Program Year 22 (2009) City of Edcouch, Street Improvements. 

 Firm
 Grade
 Rank
 Guzman & Munoz Engineering & Surveying, Inc.
 98%
 
 Noe Garza Engineers, Inc.
 90.67%
 
 Sigler Winston, Greenwood & Associates, Inc.
 89%
 

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm __________________ for an Urban County Program – City of Edcouch, Street Improvements project.
 
J.
Urban County Program on behalf of the City of Mercedes is requesting authority to purchase Parks, Recreational Facility Improvement Equipment through Hidalgo County's membership and participation with Buy Board, approved vendor Park Place Recreation Design, Inc., (contract #346-10) in the amount of $10,346.69 (quote attached hereto) to include fees and discounts as requested by the City of Mercedes. UCP Year 23 (2010) Mercedes - Parks, Recreational Facility Improvements funds will be utilized along with City of Mercedes General Funds.
 
K.
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 Hidalgo County Urban County Program, Texas Department of Rural Affairs – Disaster Recovery (TDRA-DR) for Precinct No. 1 Street & Drainage Improvements. 

 Firm
 Grade
 
Rank
 SAMES, Inc.
 
 91.34%
 
 Vanguard Engineering
 
 86.67%
 
 
 Innovative Engineering Civil Services, Ltd.

 85%
 

3. Authority to negotiate a Professional Engineering Service contract with the No. 1 ranked firm of _____________________ for the provision of engineering services for a Hidalgo County – Precinct No. 1 Street Improvements.
 
18.
Right of Way - Joe Pena:
 
A.
Authorization for title reports, surveys, metes & bounds, appraisals and acquisition of additional right of way on the south west corner of Ridge Road and Cesar Chavez Road.
 
B.
Consideration and approval to purchase a certain tract of land described as Parcel # 1 El Dora Road Project - Jesus Nicholas & Consepcion Alvarez.
 
19.
Pct. #2 - Comm. Palacios:
 
A.
Discussion and Possible action regarding the recommendation of the Hidalgo County Emergency Services District #4.
 
B.
Approval of Interlocal Agreement between County of Hidalgo and City of San Juan (Cesar Chavez Rd.)
 
20.
Budget & Management - Raul Silguero Jr.:
 
A.
Discussion, consideration, and possible action regarding proposed revisions to the Travel Policy Guidelines and Procedures.
 
B.
Discussion, consideration, and authorization to maintain TCDRS plan provisions for Plan year 2011.
 
C.
Budget Appropriations:
 
1.
Tax Notes 2007 (1302):
a.  Approval of 2010 appropriation of funds from Tax Notes 2007 fund balance in the amount of $37,039.47 to fund a portion of the purchase price for needed vehicles for Constable Precinct 1.

b.  Approval of 2010 interdepartmental transfer within the Tax Notes 2007, from the Common Integrated Justice Systems (CIJS) (program 009) in the amount of $88,223.90, into Constable Precinct 1 (program 003) to fund a portion of the purchase price for needed vehicles for Constable Precinct 1.
 
2.
District Clerk (1238):
Approval of 2010 appropriation of funds for the County Records Management & Preservation Fund (1238) in the amount of $50,000.00 to fund records storage and retrieval services.
 
3.
Pct. #3 R&B (1200):
a.  Approval of Certification of Revenues as certified by the County Auditor for revenues received by Mr. Antonio Mercado, All Seasons Trade Center, and Mr. Rick Martin, DBA Martin Home Builders, Inc. for road construction of Silver Spur.

b.  Approval of 2010 appropriation of funds into Precinct No. 3 Silver Spur (S Exp 83 to Bus 83 N) in the total amount of $92,828.40 to fund expenditures for road construction of Silver Spur.
 
21.
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.
Appointment and/or designation by Commissioners' Court of an evaluation committee to evaluate and score the proposals received for "Worker's Compensation Loss and Funding Projections Actuarial Study for Hidalgo County", as referenced in procurement packet.
 
5.
Requesting authority to advertise and approval to auction Abandoned and Unclaimed Items as detailed on List #34 contained and attached herein as Exhibit "A" set forth under Texas Local Government Code, 263.152 (a) (1).
 
6.
Acceptance and approval of request for payment of Invoice #1020-001R in the amount of $592,650.00 submitted by AshBritt in connection with water relocation services rendered to Hidalgo County for the period from 07/01/10 to 07/09/10 as a result of flood water attributed to Hurricane Alex.
 
7.
a.  Presentation by Alamo Insurance Group, (Hidalgo County Health Insuracne Consultant) of the scoring/evaluation grid with recommendations for the responses received in response to the County's RFP: "Third Party Administration, Individual Stop Loss and Aggregate Stop Loss for Self-Fund Medical Plan, Group Term Life and Accidental Death and Dismemberment", Project No. 2010-228-09-22-YZV:

Provider                                                 Score/Grade -Rank
1.  ____________________________:__________:_____;

2.  ____________________________:__________:_____;

3.  ____________________________:__________:_____;

b.  Acceptance and approval of consultant's recommendations so as to proceed with formal ranking by Commissioner's Court;

c.  Authority for consultant to finalize a contract including all negotitated items (terms/conditions/rates/fees and BAFO) with the number one (1) ranked provider for award; or, if applicable;

d.  Award with acceptance and approval of negotiated final contract with the number one (1) ranked provider (as negotiated by consultant); and, if applicable or necessary,

e.  Presentation by consultant of scoring grid and recommendations on the responses received for:  Group Term Life-Accidental Death and Dismemberment so as to proceed with formal ranking by Commissioner's Court:

Provider                                        Score   Rank
1. ________________________:_____:_____;

2. ________________________:_____:_____;

3. ________________________:_____:_____;

f.  Approval of award to the number one (1) ranked firm of _______________________ for: Group Term Life-Accidental Death and Dismemberment.
 
B.
Pct. 1
 
1.
Requesting approval to advertise for Hidalgo County Precinct No.1-Mile 17 Proposed Road Improvements, the "Construction Of Phase I Of Mile 17 Road From FM 1015 West To Mile 4 (Yellow Jacket Drive)in connection to Work Authorization No. 1 (previously approved by CC on 07/20/10 with Contract No. C-10-235-07-20-J.E. Saenz & Associates.
 
C.
Pct. 2
 
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A)(4) a professional service/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 "On-call Engineering Services" for Pct. #2;

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 "On-call Engineering Services" for Pct. #2.
 
2.
Requesting approval of Change Order No.1 increase in the amount of $45,723.00 with D. Wilson Construction Co. (Contract #C-09-037C-11-17), in connection witht he "Construction of the New Precinct #2 Administration Office & Other County Offices", for the design and installation of sprinkler irrigation system.
 
D.
Pct. 3
 
1.
Acceptance of proposal received from awarded vendor, Facility Solutions Group in the amount of $408,650.00 through the County's participation/membership with Buy Board for the "Turnkey Purchase and Installation of Solar Powered Lights for Precinct No. 3 Parks" as per plans and specifications drafted and developed by Mr. Raul Sesin, P.E., Hidalgo County Planning Department, in connection with the Energy Efficiency and Conservation Block Grant (EECBG) Functions/Activities with authority to process requisition when submitted through Procurement Project#10-231A-MSS.
 
E.
Constables
 
1.
Constable Precinct #1:
Approval to purchase four (4) 2011 or Newer  Chevrolet 1500 Silverado 4x4 Crewcab Pick-ups through the County's membership/participation with HGAC (Houston-Galveston) awarded vendor, Caldwell Country Chevrolet (Contract #VE03-06) in the amount of $123,920.00 including, but not limited to, administration and delivery fees for Constable-Precinct #1-Procurement Project-#2010-369-OGG.
 
2.
Constable Precinct #4:
Pursuant to Texas Local Government Code, Chapter 263, Section 151, requesting approval of the following:

a.  Declaration as "salvage" for the purpose of destruction and sale of scrap metal through Hidalgo County Scrap Metal contractor, TDS Recycling Corp. (C-2010-024) the frame welded atop the existing/seized 2007 Progressive Trailer, with VIN IPGE44247P587829;

b.  Declaration as "surplus" the flat bed trailer described above/herein (minus the welded frame) for the purpose of disposition through the November 20, 2010 auction.
 
F.
Facilities Management:
 
1.
a.  Acceptance and approval to award a proposal received from Chemical Response & Remediation Contractors, Inc. (CRRC, Inc.) through Hidalgo County's membership/participation with TIPS (The Interlocal Purchasing System's awarded vendor) for the provision of labor and materials for project: "Hidalgo County -Bat Guano Assessment for the Hidalgo County Old Administration Building"  in the total amount of $7,435.00.(Project No. 10-020D-MSS)

b.  Clarification to agenda request AI-23632 of October 26, 2010 for the rescision of previous award made for the project: "Hidalgo County -Asbestos Abatement Services with an option for Bat Guano Removal" inasmuch as request was to rescind the award for the Bat Guano Removal portion ONLY of the project awarded to Planet Air Solutions.
 
2.
Presentation of proposal received for the purposes of award to CAS Companies, Inc., awarded JOC vendor thru TCPN (Contract #R-5004) in the amount of $_______________ for "Purchase and Installation of Rest Room Partition for Renovations to Old Administration Bldg- 3rd Floor".  (Project #2010-020E-MSS)
 
Sheriff's Office
 
1.
a. Pursuant to AIA Document 141-1997, Part 1-Standard form of Agreement between Hidalgo County and Gignac & Associates, LLP, specifically Article 1.1.3.1-Owner's Designated Representative currently named: Commissioners Court and Sheriff's Office, a request by the Sheriff's Office to amend said agreement by selecting an "Owner's Designated Representative" from the County approved pool of Architect's and thus replacing both CC and SO in said article;

b. Presentation of the scoring grid of the nominated firms (at least three (3) architectural firms) from the County's approved pool for the purposes of ranking by CC for the provision of professional "Owner's Designated Representative" services in connection with the design and construction of Hidalgo County Sheriff's Office Sub-station located in Precinct #1; 

Nominated firms:                      Score

1. Alcocer-Garcia & Associates-_________;

2. Milnet----------------------------_________:

3. MVG (Mata-Villarreal-Garcia)-_________;

4. Negrete-Kolar------------------_________;
 
c. Authority for the Purchasing Department to negotiate a professional services contract with the number one (1) ranked architectural firm of ____________________ for the provision of "Owner's Designated Representative" services in connection with the design and construction of Hidalgo County Sheriff's Office East-side Sub-station located in
 
H.
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)
 
22.
Adjourn