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Agenda for CC REGULAR

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
December 6, 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 at Edinburg Council Chambers, 415 W. University Drive, 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.
Safety Division:
Requesting authorization for Safety Officer Rene Parrao to travel to Mesquite, Texas on December 13, 2011 thru December 17, 2011 to attend the OSH503 - Update for General Industry Outreach Trainers hosted by TEEX/OSHA for recertification.
 
C.
Authority for County Judge to sign Certificate for Education Revenue Bonds (IDEA Public Schools) Series 2011 for the issuance of Education Revenue Bonds 
 
D.
Discussion, consideration, and action regarding written Resolution and ballot selection of Appraisal District Board of Directors for 2012-2013
 
E.
Approval to accept a settlement check from Texas Farm Bureau Insurance Company in the amount of $2,086.30 to settle auto accident with County vehicle. (Precinct 1)
 
F.
Elections (1100):
Requesting approval to advertise/hire for the following vacant position:

Slot No. Position Title
0122 Field Service Specialist I
 
G.
Discussion and action to re-schedule the Commissioners' Court meeting of December 13, 2011 to Monday, December 12, 2011
 
7.
District Courts:
 
A.
398th District Court:
Requesting approval of the following claim/invoice with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.

Invoice Date/Invoice # Vendor Amount
09-22-11 / 13132 World Wide Imaging Supplies $122.78
 
8.
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
1. Discussion, consideration and authorization to extend an existing License Agent Agreement through August 31, 2013 between the Hidalgo County Clerk's Office and the Texas Parks and Wildlife Department.  The Extension Agreement will become effective March 1, 2012 and is for the purpose of selling Hunting and Fishing Licenses.

2. Requesting authorization for County Judge Ramon Garcia to execute the agreement between the County of Hidalgo and the Texas Parks and Wildlife Department.
 
B.
Requesting approval of Amended Official Bond for Constable Pct. 5 Daniel Marichalar - Filed at the Hidalgo County Clerk's Office on December 1, 2011 at 11:13 AM.  Amended Official Bond covers term beginning November 15, 2011 and ending December 31, 2012. 
 
9.
Sheriff's Office - Chief Martinez:
 
A.
Requesting approval of payment for invoice #1175 in the amount of $600.00 to Towing Xpress for the towing of vehicle involved in a pursuit (non-county vehicle).  
 
10.
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 Clinics:
Requesting authorization to advertise / hire for the following positions: 

Position Title Slot No.
Clerk II 0050
Clerk III 0094
 
C.
Health Clinics (1100):
1.  Approval to reclassify the following positions, reviewed and recommended by the Classification Committee, as per section 3.22 of the Civil Service Commission Rules, effective 12/19/2011. (Title Change Only)


Slot No. Current Position Title Proposed Position Title Grade
0001 Midwife Advanced Clinical Practitioner 21
0002 Family Nurse Practitioner Advanced Clinical Practitioner 21
0121 Family Nurse Practitioner Advanced Clinical Practitioner 21

2.  Approval to add the Advanced Clinical Practitioner classification to the Hidalgo County position inventory.
3.  Approval to delete the Midwife and the Family Nurse Practioner classifications to the Hidalgo County position inventory.
4.  Approval of revised salary schedule.
 
D.
Health Division: 
To update Commissioner's Court and community on meningitis and provide information on the meningitis vaccine clinic scheduled for December 9, 2011 from 12:30 pm to 4:00 pm at STC (Cooper Center for Communication Arts building).
 
E.
Pursuant to Health & Safety Code Chapter 121, requesting approval to appoint Dr. Ivan Melendez, Medical Director, as the Hidalgo County Local Health Authority for the period of December 6, 2011 to December 5, 2013. 
 
11.
Fire Marshal's Office - Juan Martinez:
 
A.
Discussion and approval of the following 2011 Rural Emergency Services Interlocal Agreement with:
1.  City of Edinburg
 
12.
Urban County - Diana Serna:
 
A.
Consideration and approval of an "Irrevocable Directive of Draw Proceeds/Disbursement Agreement" as required (as a condition precedent to issuing Payment & Performance bonds) by bonding company, Insurers Indemnity Company, contract surety for O.G Construction Company, LLC for: "Trenton Drain Project" (approved by Commissioners' Court on October 11, 2011)and thus directing all contract funds to Aacon, Inc., disbursement agent for: O.G Construction Company, LLC and as further specified/detailed document (s) attached herein.
 
B.
Urban County (1288):
1.  Approval to delete the following vacant full-time positions:

Pgm Slot No. Position Title Grade
CDBG
(250-001)
0016 Accountant II 10
CDBG
(250-001)
0018 Administrative Assistant III 08
CDBG
(250-001)
0020 Clerk III 05

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

Pgm Slot No. Position Title Grade
CDBG
(250-001)
0028 Executive Assistant I 11
CDBG
(250-001)
0029 Accounts Payable Specialist III 10
CDBG
(250-001)
0030 Administrative Assistant II 06

3.  Approval of revised salary schedule.
 
C.
Acceptance and approval of Work Authorization No.4 on a testing contract approved by Precinct No.4 with L&G Consulting Engineers Inc. dba L&G Engineering (agreement C-11-062-04-12) to provide material testing services for the project known as the Trenton Drain. Estimated cost is $8,566.87. The work authorization will be funded through the Texas General Land Office Contract No. 10-5066-000-5043 (formerly TDRA Contract No. DRS 010068).
 
D.
1.  Consideration and approval of a construction contract change order for the General Land Office (GLO) Contract No. 10-5066-000-5043 (formerly TDRA DRS010068), Pct. 1 Delta Outfall Drainage System Improvements Project. The Change Order will decrease the construction contract amount of $916,512.02 to $815,512.80 for a total decrease of $100,999.22 and increase the number of calendar days allotted in the construction service contract currently awarded to Tropical Construction, LLC for one-hundred twenty (120) days. This will bring the total days for the project to one hundred thirty-four (134) days.

2.  Consideration and approval to authorize the County Judge to sign any and all documents associated with Change Orders and/or Amendments pertaining to GLO Contract No. 10-5066-000-5043.
 
E.
The Urban County Program is requesting approval of a best and final negotiated contract with Cruz-Hogan Consultants, Inc. in the amount of $23,082.45 utilizing Year 23 (2010) funds for Engineering Services for Water/Sewer Improvements to Standard, Lincoln, Nebraska, and 8th–10th Street in the City of San Juan, Texas.
 
F.
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 $23,650.00 utilizing CDBG FY 24 (2011) Water/Sewer Improvements funds.
 
G.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineer 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 the City of Edcouch, Urban County Program and Hidalgo County Purchasing Department in connection with and funded through Hidalgo County Urban County Program 24 (2011) Edcouch – Water/Sewer Improvements.

FIRM GRADE RANK
Quintanilla, Headley and Associates, Inc. 95%  
Halff Associates, Inc. 91%  
Rio Delta Engineering 84.66%  

3. Authority to negotiate a professional service contract with the No. 1 ranked firm for an Urban County Program – City of Edcouch – Water/Sewer improvements project.
 
H.
1. Conduct a Public Hearing to solicit input and advise the public of the proposed projects identified as eligible under the 2008 Round 2.2 Supplemental Disaster Recovery Supplemental Allocations application.

2. Consideration and action to allocate Round 2.2 Texas General Land Office Funds, in the amount of $4,500,000, to Hidalgo County for the following proposed projects: (1) Phase II of the Precinct No. 1 infrastructure improvements for the project known as "Delta Area Connector/East Lateral" and, (2) Precinct No. 4 for the proposed infrastructure improvements for the project known as the "Alberta Drain".

3. Consideration and approval to submit the 2008 Round 2.2 Supplemental Disaster Recovery Supplemental Allocations application to the General Land Office.

4. Consideration and approval to authorize the County Judge to sign any and all documents associated with:

a. the submittal of the 2008 Round 2.2 Supplemental Disaster Recovery Supplemental Allocations application,
b. Any and all documents associated upon the approval and execution of Contract for Round 2.2 projects and/or amendments,
c. Any and all documents associated with the Environmental Assessment/Review Record for the projects selected under the Round 2.2 application.
 
I.
Urban County Program on behalf of the City of Mercedes is requesting authority to purchase Fire Fighting Equipment through Hidalgo County's membership and participation with Buy Board, approved vendor Dooley Tackaberry (contract #363-10) in the amount of $10,907.52 (quote attached hereto) to include shipping fees. UCP Year 24 (2011) Mercedes Fire Station/Equipment funds will be utilized along with City of Mercedes General Funds.
 
J.
Urban County Program on behalf of the City of Mercedes is requesting authority to purchase Parks, Recreational 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 $77,087.00 (quote attached hereto) to include delivery fees, equipment installation and BuyBoard discount as requested by the City of Mercedes. UCP Year 24 (2011) Mercedes Parks Recreational Facility Improvement funds will be utilized.
 
13.
Public Defender's Office - Jaime Gonzalez:
 
A.
Texas Indigent Defense Grant (1282):
1.  Approval of certification of revenues as certified by the County Auditor for the Texas Indigent Defense grant.
2.  Approval of appropriation of funds in the amount of $303,791.00.
3.  Approval to create the following full-time positions:

Slot No. Position Title Grade
G001 Public Defender III 16
G002 Public Defender II 14
G003 Social Worker 11
G004 Administrative Assistant I 4

4. Approval to add the Social Worker and Public Defender III classifications to the Hidalgo County Position Inventory. 
5. Approval of salary schedule.
 
14.
Auditor's Office - Ray Eufracio:
 
A.
Approval to waive new employee enrollment procedures to fill Grants Accounting Supervisor position, slot no. 0009.
 
15.
Planning Department - Raul Sesin:
 
A.
1. Reimbursement of a Cash Deposit
a. San Carlos Gardens No. 2 – Pct. 4 (Gibraltar National, LLC)
b. El Toro Acres Subdivision – Pct. 3 (El Toro Builders, Inc.)

2. Release of Letter of Credit
a. Vaquero Estates Phase I Subdivision – Pct. 1 (Beto Salinas Flores Group)
 
16.
Precinct #2 - Comm. H. Palacios:
 
A.
Acceptance and approval of Interlocal Cooperation Agreement between City of Hidalgo and County of Hidalgo, Texas as a general agreement.
 
B.
Approval of Amendment to Interlocal Cooperation Agreement between City of Alamo, PSJA ISD and the County of Hidalgo - El Gato Rd. Project from Tower Rd. to Alamo Rd. (FM 907)
 
17.
Precinct #3 - Comm. Flores:
 
A.
Precinct No. 3 Sanitation (1100):
1. Approval to create the following full-time positions:

Slot No. Position Title Budgeted Salary
0038 Truck Driver III $32,000.00
0039 Office Clerk $28,000.00

2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.
 
18.
Budget & Management - Sergio Cruz:
 
A.
Pct. #3 R&B (1200):
1.  Approval of Certification of Revenues as certified by the County Auditor for revenues received from City of Palmhurst for the purchase of materials for road improvements of North Glasscock and 2 1/2 Mile Line Rd.

2.  Approval of 2011 appropriation of funds into Precinct #3 Palmhurst (N Glasscock & 2 1/2 Mile Rd) in the amount of $4,108.00 to fund the purchase of materials for road improvements of North Glasscock and 2 1/2 Mile Line Road.
 
B.
Discussion, consideration, and authorization to maintain TCDRS plan provisions for Plan year 2012.
 
C.
Discussion and consideration regarding current and future capital projects/funding resources.
 
D.
Salary Schedule Changes:
 
1.
County Wide (1100):
a. Approval to rescind action taken on 11/01/11 as follows:

1. Discussion, consideration and approval of corrective compensation for various employees for successful completion of the six (6) month probationary period as listed on attached exhibit A.
2. Approval of interdepartmental transfer.

b. Discussion, consideration and approval of corrective compensation for various employees as listed on attached exhibit A, as recommended by the Hidalgo County District Attorney's Office.
c. Approval of interdepartmental transfers.
 
19.
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.  As requested by members of CC, discussion and action on options related to Request for Proposals for:  Hidalgo County-Professional Auditing Services, incuding, but not limited to the following:

1.  Cancellation of the current format of a Request for Proposals and re-issuance (after re-advertising) as a Request for Qualifications (as customary for HC), utilizing basic qualifications, requirements, scope of services (drafted and developed by County Auditor utilizing the GFOA guidelines for professional auditing services) and changing the evaluation criteria to follow Texas Government Code 2254.004 basing the ranking on qualifications and thereafter entering into negotiations to determine fees; or,
2.    Proceed with project "as is" and continue with acceptance of responses schedule and advertised for Wednesday, December 7, 2011;

b.  Appointment and/or designation by Commissioners' Court to select/assign an evaluation committee to score/grade RFP-2011-160-12-07-SMA "Hidalgo County-Professional Auditing Services", as referenced in the procurement packet or applicable if changed to an RFQ.
 
5.
a. Requesting exemption from competitive procurement requirements under the Texas Local Government Code, Section 262.024(a)(7)(a) proprietary software;
b. Requesting approval of agreement(s) if applicable for-On-line Research Services with Lexis Nexis including, but not limited to, the following Hidalgo County department(s):
1. District Attorney
2. District Judges
 
6.
Recommending award of bid and approval of contract document to sole bidder (BIO-OPS, LLC) meeting all specifications and/or requirements as attached hereto for: "Hidalgo County-Bio-Hazardous Waste Disposal Services" RFB No. 2011-233-09-28-SMA.
 
7.
Appointment and/or designation by Commissioners' Court to select/assign an evaluation committee to grade/score RFP 2011-231-11-23-YZV "Certified Technical Supervisor for Hidalgo County Alcohol Breath Test Program", as referenced in the procurement packet.
 
8.
Recommending award of bid through request of sealed quote and approval of contract document to sole-bidder (Boots n' Jeans Inc.) meeting all requirements/specifications as attached hereto "Hidalgo County-Purchase of Straw Hat" RFSQ No.: 2011-242-11-02-SMA
 
9.
Clarification on (action taken by CC 11-22-11 AI-29490) to proceed to negotiate  a contract with number one ranked firm, Halff Associates, Inc.to be conducted by the customary protocol:
 
a. the Purchasing Department; and/or 
b. a designated/assigned committee by CC
 
10.
Recommending award of bid to sole bidder and approval of contract as attached hereto meeting all specifications and/or requirements as detailed and reflected in documentation attached hereto for: "County Wide Mailing Services" RFB No. 2011-230-MEG.
 
11.
a. Approval to waive major purchases deadline order of 11/04/2011 so as to acquire needed equipment;

b. Authority to purchase a new Class 200 Pemberton Brush Grapple from H & V Equipment, lowest bid received through solicited quotes in the amount of $15,000.00 through Req. #206437 and assurance from vendor of receipt of item prior to 12/31/2011.
 
12.
Requesting authority to advertise and approval of a modified procurement packet (i.e. qualifications, requirements, and scope of services, etc.) with several recommended additions highlighted for review and notation as attached hereto for the overall improvement of the process in connection with the following "Hidalgo County Qualified Pools of Professional Services":

a. Architectural Services (RFQ No. 2012-001-01-04-MSS)
b. Engineering Services (RFQ No. 2012-002-01-04-CGA) 
c. Engineering Services -Geotechnical & Construction Materials Testing (RFQ No. 2011-003-01-04-SMA)
d. Real Estate Appraiser Services (RFQ No. 2012-004-01-04-YZV)
e. Surveyor Services (RFQ No. 2012-005-01-04-YZV)
f. Construction Management Services (2012-006-01-04-YSI) 

for selection on an "as needed basis" (through a grading/scoring, ranking, negotiation protocol - as established by CC) per project by Hidalgo County Commissioners Court, Precincts, all County Departments and/or applicable Programs or Agencies requiring said services effective 2-09-2012 for a period of one (1) year. 
 
B.
Pct. 1
 
1.
Acceptance and approval of Work Authorization #3 in the amount of $1,687,570.00 for Right Away Acquisition Services in support of TxDOT's Construction of the FM 493 from US 281 (Military Highway) North 6.65 Miles to Business 83 with L & G Consulting Engineers in connection with Contract C-08-417-12-09.
 
2.
Approval of request of the following Work Authorizations as submitted by L & G Engineering Laboratory, LLC for Hidalgo County Precinct One through Contract #C-11-289-11-15 as further detailed:
 
a.  Work Authorization No. 1-$25,365.96 for "Geotechnical Engineering Services and Flexible Pavement Design For Mile 17 N. Roadway Rehabilitation and Widening" Project.

b.  Work Authorization No. 2-$8,586.68 for "Construction Materials Testing Services For Mile 17 North Road (between FM 1015 & Mile 4½)" Project.
 
C.
Pct. 3
 
1.
Recommending award of bid to sole bidder, Los Ebanos Land & Cattle, LLC and approval of contract as attached hereto meeting all specifications and/or requirements as detailed and reflected in documentation attached hereto for: "Lease of Land (appr 5 acres) Pct 3" RFB No. 2011-227-MEG.
 
2.
a.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional (engineering) services;

b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County's approved "pool" of Engineering Services for Right-of-Way acquisition services, construction management, and inspections for La Homa Road project from Mile 1 North to Mile 3 North-Precinct # 3;
 
Firm Dos Logistics L&G Engineering Guzman & Munoz Engineering
Evaluator 1  97  100  87
Ranking      

c. Authority for the Purchasing Department to negotiate a professional (Engineering Services) contract with the No. 1 ranked firm of __________________________ for: the provision of professional engineering services for the La Home Road Project for Precinct # 3.
 
D.
Pct. 4
 
1.
a.  Pursuant to Article 14 of the current agreement-C-11-054-04-12 & WA#3 for: PROJECT: (Multi-Way Stop Control Warrant Study) Mile 17 1/2 and Depot Road (23rd Street) for Precinct #4, project engineer, L & G Engineering is requesting acceptance and approval to engage services by Sub-Contractor TEDSI INFRASTRUCTURE GROUP;

b.  Acceptance and approval of Work Authoriztion #7 with a proposed fee of $ 2,500.00 with Quintanilla, Headley & Associates, Inc. for "San Carlos Drainage Improvement Projects": FIKE PUMP STATION located within Hidalgo County Precinct No. 4, through Contract #C-08-477-12-09.
 
E.
District Courts
 
1.
Acceptance and approval of Work Authorization No. 2 with Paul M. Vazaldua d/b/a Vazaldua & Associates in the amount of $ 5,000.00 in connection to contract #C-11-269-10-18 for: "Professional Services Agreement" with  PAUL M. VAZALDUA d/b/a VAZALDUA & ASSOCIATES for the purposes of providing "Consulting Services" in the categories which include specific grants and related areas for Judicial Court Functions and Efficiencies for the the following categories, but not limited to; a) Improving the Judicial System; b) Human Trafficking Programs and; c) Programs to Protect Women against Domestic Violence.
 
F.
Sheriff's Office
 
1.
Presentation of sole bid received from Southern Tire Mart, LLC (as detailed in the tabulation sheet contained herein) meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County Sheriff's Office-Including all other Hidalgo County Law Enforcement Agencies-"Purchase of Tires-Including Installation and Other Related Services" through project No.: 2011-193-09-21-SGS.
 
G.
Co. Wide
 
1.
Recommend award of bid and approval of contract to the sole bidder (CSS Technology, Inc.) meeting all specifications and/or requirements for "EN-1 Road Stabilizer Material" for Hidalgo County.(RFB No.: 2011-268-11-16-CGA)
 
20.
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 American Electric Power (AEP)
 
E.
Claim of American Electric Power (AEP)
 
F.
Cause No.: C-223-10-H; Samuel Zuniga v. County of Hidalgo
 
G.
Claim of Joana Bernice Morales, et al
 
H.
CL-1137-10-F; Monica Lee Cruz v. Teresa Flores and Head Start Program
 
21.
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 American Electric Power (AEP)
 
E.
Claim of American Electric Power (AEP)
 
F.
Cause No.: C-223-10-H; Samuel Zuniga v. County of Hidalgo
 
G.
Claim of Joana Bernice Morales, et al
 
H.
CL-1137-10-F; Monica Lee Cruz v. Teresa Flores and Head Start Program
 
22.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
23.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
24.
Adjourn