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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
February 1, 2011
9:30 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.
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 Reschedule Court Meeting of February 15, 2011 to Monday, February 14, 2011 due to court members' absence while attending County Judges and Commissioners' Conference in Austin
 
C.
Approval of Contribution-In-Aid-Of-Construction Agreement for Electric Distribution Services between AEP and County of Hidalgo (Eyhorn Property).
 
D.
Executive Office (1100):
1. Approval to create one (1) new full-time Environmental Compliance Monitor position, slot no. 0008, budgeted salary $60,000.00.
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.
 
7.
Constables:
 
A.
Constable Pct. #1:
Approval to submit FY 2010 Chapter 59 Asset Forfeiture Audit Reporting Form to Office of the Attorney General
 
8.
County Judge's Office:
 
A.
Appointment/reappointment of member to the Hidalgo County Regional Mobility Authority.
 
B.
Presentation by Hidalgo County Commuter Rail District Board Members regarding Hidalgo County Commuter Rail Feasibility Study.
 
C.
Emergency Services- Emerg. Mgmt (1100):
1.  Approval to delete one (1) full time Emergency Services Director position, slot no. 0001, budgeted salary $76,440.00 effective 2/4/11.
2.  Approval to create one (1) new full time Emergency Management Coordinator position, slot no. 0007, budgeted salary $72,000.00 effective 2/7/11.
3.  Approval of revised salary schedule
 
9.
District Attorney's Office - Roy Cazares:
 
A.
1.  Approval of Local Prosecuting Agreement Contract between the Hidalgo County District Attorney's Office and the Texas Health and Human Services Commission.

2.  Approval for County Judge Ramon Garcia to sign contract.
 
10.
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
Approval of Amended Bonds for County Court-at-Law Judges:

County Court at Law Office
Judge
County Court-at-Law #1
Judge Rudy Gonzalez
County Court-at-Law #4
Judge Fred Garza
County Court-at-Law #5
Judge Arnoldo Cantu
County Court-at-Law #6
Judge Albert Garcia

 
11.
Tax Office - Armando Barrera:
 
A.
Requesting Approval of Amendments to Inter-Local Agreements between Hidalgo County and various Entities for Tax Assessment and Collections.
 
12.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
B.
Requesting authorization to accept the equipment donation from Texas Association of Local Health Officials to the Health & Human Services for  a Polycom V500 Serial No. 820817086F30B0 to be used for video conferencing.
 
C.
Requesting authorization to apply for the following two grants: 
1.  FY 11 Community Obesity Prevention Project from the Texas Department of State Health Services 
2.  FY 11 Evidence-Based Cancer Prevention Services from the Cancer Prevention & Research Institute of Texas
 
13.
Fire Marshal's Office - Juan Martinez:
 
A.
Requesting approval and authorization to submit 2010 Chapter 59 Asset Forfeiture Audit Report as requested by the Attorney General of Texas.
 
14.
Community Service Agency:
 
A.
1. Request for approval of FY 2011 CSBG (Community Service Block Grant) Contract No. 61110001131
2. Request for approval of FY 2011 CEAP (Comprehensive Energy Assistance Program) Contract No. 58110001083
3. Request for approval of First Choice Power Agreement for Assistance Program
4. Request for electronic authorization for acceptance and submittals between CSA and funding sources. 
 
15.
IT Department - Renan Ramirez:
 
A.
District Clerk:
Authorization to purchase through the County's membership/participation with CONTRACT: DIR-SDD-604 (REQUISITION#188512) with awarded vendor VERIZON for the following:

Qty: Description: Department: User: Service Total: Equipment Total:
1 Data Card District Clerks Laura Hinojosa Unlimited Plan $37.99/mo + Taxes/Fees $5.00/mo = $42.99/mo $0
 
B.
Comm. Pct. #4:
Authorization to purchase through the County's membership/participation with CONTRACT: DIR-SDD-604 (REQ # 188662) with awarded vendor VERIZON WIRELESS for the following:

Qty: Description: Department: User: Service Total: Equipment Total:
2 Data Card Comm. Pct. 4 Office Use Unlimited Plan $37.99/mo + Taxes/Fees $5.00/mo = $42.99/mo each $0
 
16.
Urban County - Diana Serna:
 
A.
Urban County Program on behalf of the City of La Villa is requesting consideration and action to award and enter into a construction contract with The 5125 Company (lowest bidder meeting all specifications and/or requirements) for the Water/Sewer Improvements project.  Total contract amount $628,500.00 utilizing Year 21 (2008) Precinct No. 1, Years 22 & 23 (2009 & 2010) City of La Villa Water/Sewer improvements funds and City of La Villa General funds.  The project consists of improvements to the Water Treatment Plant located in the City of La Villa.
 
B.
1.  Rescind action taken by County Commissioners' Court on January 25, 2011 authorizing to purchase and install solar lights for the Edcouch baseball park from Facility Solutions Group, utilizing UCP FY 22 (2009) Parks, Recreational Facilities line item. (AI - 24882, 12.A.)

2. Urban County Program on behalf of the City of Edcouch is requesting authority to purchase solar lights for the Edcouch baseball park from Facility Solutions Group (contract # 290-08) an approved vendor through Hidalgo County's membership and participation with the State of Texas Buy Board.  The total cost for the purchase and installation is $59,250.00 (quote attached hereto), to include shipping and handling, installation and discounts as requested by the City of Edcouch for the Edcouch Baseball Park utilizing UCP FY 23 (2010) Parks, Recreational Facilities line item.
 
C.
Consideration and Approval of the Resolution of the Commissioners' Court of the County of Hidalgo, Texas regarding funding from the Texas Department of Rural Affairs Disaster Recovery Program (TDRA-DR) in the amount of $600,000.00 and additional funding committed by Hidalgo County Precinct No. 2 in the amount of $535,408.39 for a total of $1,135,408.39 to be used towards drainage improvements for the project known as Minnesota Drainage Project.
 
D.
The Urban County Program is requesting the award of bids and approval of contracts for the demolition and reconstruction of the following:

1.  (2) Two units in the Countywide area in the amount of $104,200.00 to Gamboa Construction.
2.  (1) One unit in the City of La Villa in the amount of $42,435.00 to G & G Contractors.
 
E.
Consideration and Approval to submit an application to the United States International Boundary and Water Commission (USIBWC) by Dos Logistics Inc. to obtain a license for construction, operation and maintenance of drainage works for the TDRA-DR project known as Delta Area Outfall Drainage Improvements Project.
 
17.
Planning Department - Raul Sesin:
 
A.
Discussion and Possible Action on new policy for OSSF Financial Guarantee amount.
 
18.
Precinct #1 - Comm. Quintanilla:
 
A.
Authorization for surveys, metes & bounds, title reports, appraisals and possible acquisition of additional right of way on Black Street and Adam Street.
 
19.
Precinct #2 - Comm. H. Palacios:
 
A.
Recognition and Appreciation of personnel for their dedicated service to Hidalgo County
 
20.
Precinct #3 - Comm. Flores:
 
A.
Appointment/reappointment of member to the Hidalgo County Regional Mobility Authority.
 
21.
Precinct #4 - Comm. J. Palacios:
 
A.
1.  Discussion, consideration,  and approval of Advance Funding Agreements between the State of Texas, acting by and through the Texas Department of Transportation, and the County of Hidalgo for the following Safe Routes to School Program projects to construct sidewalks, redesign crosswalks, and install bicycle racks with authority for County Judge to sign the required documents:

Project
CSJ No.
San Carlos & J.F. Kennedy Elementary Schools
0921-02-265
Carmen Avila Elementary School
0921-02-263
Esparza & Betts Elementary Schools
0921-02-269

2.  Discussion, consideration, and approval of an Interlocal Cooperation Agreement between the County of Hidalgo and the Edinburg Consolidated Independent School District for the Safe Routes to School Program projects to construct sidewalks, redesign crosswalks and install bicycle racks with authority for County Judge to sign.
 
B.
Discussion & possible action regarding a letter of intent to be submitted by Pct. 4, related to the Texas Safe Shelter Initiative Grant
 
22.
Budget & Management - Raul Silguero Jr.:
 
A.
1.  Approval of certification of revenue, as certified by the County Auditor, for 2010 intergovernmental contracts in the total amount of $188,067.57.

2.  Approval of 2010 appropriation of certified revenue for various TxDOT (1315) projects in the total amount of $183,319.41.

3.  Approval of 2010 appropriation of certified revenue for Certificate of Obligation Series 2006-Pct. 4 (1336) for the 10th Street Project (program 030) in the amount of $4,748.16.
 
B.
Budget Appropriations:
 
1.
Pct. #2 R&B (1200):
Requesting approval of 2011 appropriation of funds into the following:
Project Name
Prog #
Amount
Road & Bridge
006
$28,836.80
S. McColl (Dicker-Orangewood & 5M s. Mlty)
028
$48,977.25
ICA W/ Hidalgo (Val-Mex Dr) Rd
035
$484,375.75
Southfork Estates
040
$190,924.31
ICA W/Pharr (Sioux E. of Jackson)
046
$280,273.00
McColl Offsite Drainage
047
$28,275.68
Intersection of Owassa & Tower
048
$200,000.00
El Gato Rd (W Alamo & Tower)
051
$248,606.19
El Dora Rd (Retama-Cesar Chavez)
052
$16,335.46
BCAP Mesquite Acres Subd
460
$22,882.24
BCAP Pentecostal Subd
557
$1,100.00
BCAP Los Encinos #2 Subd
 891
$2,146.30 
BCAP Morningside South Subd
900
$1,118.00 
 
2.
Pct. #3 R&B (1200):
a.  Approval of Certification of Revenues, as certified by the County Auditor, for revenues received by Mr. Rick Martin, Ram Investments, DBA Eldorado Acres RV Park, for road improvements to Eldorado Acres.

b.  Approval of 2011 appropriation of funds into Precinct #3 Paved/Unpaved Road in the amount of $24,198.20 to fund expenditures for road improvements to Eldorado Acres.
 
C.
Salary Schedule Changes:
 
1.
Pct. 1 (1100 & 1200)
1. Approval to delete the following vacant full time positions: 

Dept. (Program)
Slot No.
Position Title
Budgeted Salary
Parks (121-013)
0005
Maintenance III
($34,401.00)
Parks (121-013)
T021
Maintenance III
($24,000.00)
Sanitation (121-001)
0015
Maintenance I
($24,350.00)
Sanitation (121-001)
0016
Maintenance I
($24,350.00)
R&B (121-005)
0040
Maintenance I
($28,807.00)
R&B (121-005)
0077
Mechanic III
($39,312.00)
R&B (121-005)
0094
Maintenance III
($23,993.00)
Rd. Admin (121-004)
0004
Accountant I
($35,000.00)
  OTHER DELETIONS/REIMB.
($147,492.00)

2.  Approval to create the following new full time positions:

Dept. (Program)
Slot No.
Position Title
Budgeted Salary
R&B (121-005)
0101
Crew Leader II
$42,000.00
Rd. Admin (121-004)
0005
Community Liaison
$55,000.00
Rd. Admin (121-004)
0006
Personnel Specialist
$52,000.00
Rd. Admin (121-004)
0007
Accountant III
$50,000.00
Rd. Admin (121-004)
0008
Clerk IV
$37,000.00
Rd. Admin (121-004)
0009
Clerk IV
$37,000.00
Rd. Admin (121-004)
0010
Clerk IV
$37,000.00
Drain. Imprv. Prj (121-052)
0016
General Foreman
$55,000.00

3.  Approval of interdepartmental/ interfund transfers.
4.  Approval of revised salary schedule.
 
23.
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.
Presentation for consideration, discussion, and approval of a "Membership Agreement" between National Joint Power Alliance (NJPA) and Hidalgo County, thus allowing the County to become a member of the "Municipal Contracts Agency" and expand procurement resources that are compliant with bidding requirements with authority for County Judge or Presiding Officer/Member of Commissioner's Court to execute the membership agreement.; Note:  NO membership dues or fees required.
 
5.
Consideration and possible action to solicit a Request for Proposals (RFP) from interested and qualified parties for the Review, Assessment and Analysis for Possible Overcharges from Hidalgo County Electric Power Providers through scrutiny of Utility Billings on a contingency basis for Hidalgo County including, but not limited to the following: Reliant Energy, Magic Valley Cooperative, CP&L and Others.
 
6.
Requesting authority to advertise a Request For Proposals packet  (i.e.specifications, requirements terms, conditions, contract document) for: RFP-Prepaid (Post Tax) Voluntary Legal Services-Hidalgo County".
 
7.
Acceptance of proposal received (for the purpose of issuance of purchase order) from Armko Industries, Inc. (through Hidalgo County's membership/participation with state, interlocal or cooperative purchasing programs awarded HCDE, Choice Facility Partners Contract #07/006JC) for testing of former Administration Building Atrium Roof and Assessment in connection with the on-going "Renovations to Former Administration Building 1st and 2nd Floors" in the amount of $2,500.00.
 
B.
Pct. 2
 
1.
a. Requesting approval  of payment  in the amount of $4,174.72 (reimbursement for R. Gutierrez Engineering Corp.) for the publication of statutory notice to public hearing for the McColl Rd in  cooperation with Texas Department of Transportation and the Federal Highway Administration. 

b. Requesting acceptance & approval of  Invoice No. 24407 in the amount of $200.00 for the spanish translation services from Davila & Associates, Inc.  for the McColl Rd Project.
 
2.
Presentation for discussion, consideration, acceptance and approval of request for payment for the required fees to record subdivision for the Precinct No. 2 Office Complex Subdivision for the following fees:

a. $96.00- County Clerk #3;
b. $250.00- Hidalgo County Drainage District #4;
c. $1,505.00 (Sub. Water Fee)-City of Pharr #5a;
d. $1,128.75 (Sub. Sewer Fee)-City of Pharr #5b;
e. $4,378.21 (3% for Inspection Fee)-City of Pharr #5d;
f.  $4,378.21 (3% for Testing Fee)- City of Pharr #5e

as presented by and through R. Gutierrez Engineering Corporation, project engineer for "Precinct No. 2 Office Complex," with authority for Auditor to complete processing procedure and County Treasurer to issue checks to comply with the City of Pharr requirements.

 
C.
Pct. 4
 
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;

b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded & evaluated through the County's approved "pool"  in connection with professional engineers for Construction Material Testing Services  required for Projects (On an as needed basis) for Precinct No. 4 Projects.


Evaluators L&G Engineers Laboratory, LLC Millenium Engineers Services Terracon Engineers
Evaluator 1  98  95  93  
Evaluator 2  97  93  90  
Average  195  188  183  
Scores  97.50  94  91.50  
Ranking        
c. Authority for the Purchasing Department to negotiate a professional service contract with No. 1 ranked firm of __________________________for the provision of Construction  Materials Testing  Services for Precinct No. 4 Projects.
 
2.
Requesting approval of a professional appraisal services agreement (approved as to form by legal counsel) with LEONEL GARZA, JR. & ASSOCIATES, LLC for the purposes of appraisal services for: The Fair Market Value Appraisals in connection with the Acquisition of Land, Rights of Way, Easements, Condemnations and Disposition of County owned Property located within Hidalgo County Precinct No. 4" (on an as needed basis) and (as selected for negotiations through County's protocol from the "POOL" of Appraisers by C.C. on 12/21/10).
 
D.
Sheriff's Office
 
1.
Requesting approval to purchase Spillman Data Conversion through our membership/participation with Department of Information Resources and authority to execute required purchase agreement with Spillman Technologies, Inc. contract #DIR-SDD-1623 in the total amount of $35,029.00 through the following requisition #188366, effective upon approval (1-1228-421-00-280-006-0-336);
Description
Hours
Hourly Rate
Amount
Project Management
50
$128.31
$6416.00
Installation (includes analysis & build)
223
$128.31
$28,613.00
 
E.
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)
 
24.
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.
Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087 (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conductiong economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1).
 
E.
EEOC #31C-2010-01032; Hilda Caceres v. Hidalgo County, Texas
 
25.
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.
Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087 (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conductiong economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1).
 
E.
EEOC #31C-2010-01032; Hilda Caceres v. Hidalgo County, Texas
 
26.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
27.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
28.
Adjourn