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AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING February 21, 2012 9:30 A.M. |
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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"
2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation"
B.
I. T. Department:
Requesting permission for three (3) employees to travel to San Antonio, Texas on May 21-25, 2012 to attend the Texas Association of Governmental IT Managers 2012 Conference.
Requesting permission for three (3) employees to travel to San Antonio, Texas on May 21-25, 2012 to attend the Texas Association of Governmental IT Managers 2012 Conference.
C.
Fire Marshal's Dept.:
Requesting permission to allow Juan Martinez, County Fire Marshal to attend the Texas Forest Service - Qualifications Working Group Seminar, in Grand Prairie, TX on Feb. 29 - March 2, 2012.
Requesting permission to allow Juan Martinez, County Fire Marshal to attend the Texas Forest Service - Qualifications Working Group Seminar, in Grand Prairie, TX on Feb. 29 - March 2, 2012.
7.
Constables:
A.
Constable Pct. 1:
Discussion, consideration and approval to appoint Salvador Quiroz Jr. as reserve deputy constable by Constable Celestino Avila Jr., Constable Precinct 1 in accordance with Texas Local Government Code 86.012.
Discussion, consideration and approval to appoint Salvador Quiroz Jr. as reserve deputy constable by Constable Celestino Avila Jr., Constable Precinct 1 in accordance with Texas Local Government Code 86.012.
B.
Constable Pct. 2 (1100):
1. Approval to create three (3) full-time Deputy Constable positions, slot no.'s 0009-0011, budgeted salary $38,000.00.
2. Approval of revised salary schedule.
1. Approval to create three (3) full-time Deputy Constable positions, slot no.'s 0009-0011, budgeted salary $38,000.00.
2. Approval of revised salary schedule.
C.
Constable Pct. #2:
Authorization and approval of Resolution to submit an electronic submission for the following grants to the Office of the Governor Criminal Justice Division on or before February 24, 2012:
Fund Source: DJ-Edward Byrne Memorial Justice Assistance Grant Program
Project Title: Community Safety and Security Project
Amount Requested: $350,000.00
No Matching Funds Required
Authorization and approval of Resolution to submit an electronic submission for the following grants to the Office of the Governor Criminal Justice Division on or before February 24, 2012:
Fund Source: DJ-Edward Byrne Memorial Justice Assistance Grant Program
Project Title: Community Safety and Security Project
Amount Requested: $350,000.00
No Matching Funds Required
8.
County Judge's Office:
A.
1. Discussion, consideration, and approval of 2012 Texas Conference of Urban Counties Annual Dues in the amount of $20,045.00 and with authority for County Treasurer to issue check after review and auditing procedures are completed by County Auditor.
2. Discussion, consideration, and approval of Urban Counties Policy Committee Nomination Resolution.
2. Discussion, consideration, and approval of Urban Counties Policy Committee Nomination Resolution.
9.
District Courts:
A.
370th District Court:
Authorization and approval of Resolutions to submit an electronic submission for the following grants to the Office of the Governor Criminal Justice Division on or before February 24, 2012 including approval of Resolutions for grants:
Fund Source: WX-Violent Crimes Against Women Criminal Justice and Training Projects – Domestic Violence, Sexual Assault, Dating Violence, and Stalking Solicitation
Project Title: Court Efficiency Intervention Project: Assistance thru the Family Violence Court Process
Amount Requested: $673,000.00
In-kind Matching Funds
Fund Source: VA-Victims of Crime Act Formula Grant Program
Project Title: Victims Empowerment Project: Stabilizing Lives After Victimization
Amount Requested: $420,000.00
In-kind Matching Funds
Fund Source: JA-Juvenile Justice and Delinquency Prevention Allocation to States
Project Title: Young Adult Re Energizing Project
Amount Requested: $230,000.00
No Matching Funds Required
Authorization and approval of Resolutions to submit an electronic submission for the following grants to the Office of the Governor Criminal Justice Division on or before February 24, 2012 including approval of Resolutions for grants:
Fund Source: WX-Violent Crimes Against Women Criminal Justice and Training Projects – Domestic Violence, Sexual Assault, Dating Violence, and Stalking Solicitation
Project Title: Court Efficiency Intervention Project: Assistance thru the Family Violence Court Process
Amount Requested: $673,000.00
In-kind Matching Funds
Fund Source: VA-Victims of Crime Act Formula Grant Program
Project Title: Victims Empowerment Project: Stabilizing Lives After Victimization
Amount Requested: $420,000.00
In-kind Matching Funds
Fund Source: JA-Juvenile Justice and Delinquency Prevention Allocation to States
Project Title: Young Adult Re Energizing Project
Amount Requested: $230,000.00
No Matching Funds Required
10.
Sheriff's Office - Chief Martinez:
A.
OCDETF GRANT
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/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 $15,011.61 for equipment/supplies.
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/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 $15,011.61 for equipment/supplies.
B.
1. Authorization to purchase (2) Cell Phone Line additions through the County's
membership/participation with Contract DIR-SDD-611 through Sprint.
2. Authorization and approval of cell phone plan for the following:
Total Cell Phones: 2
Estimated Monthly Rate: $107.78
membership/participation with Contract DIR-SDD-611 through Sprint.
2. Authorization and approval of cell phone plan for the following:
| Qty. | Plan | Monthly Rate |
| 2 | Business Advantage w/ Unlimited Messaging | $53.89 |
Total Cell Phones: 2
Estimated Monthly Rate: $107.78
11.
District Attorney's Office - Roy Casares:
A.
DA's- Civil Lititgation (1100):
1. Approval of the following personnel actions:
| Action | Slot No. | Position Title | Grade |
| Delete | 0003 | Attorney IV | 18 |
| Create | 0004 | Attorney II | 14 |
2. Approval to authorize auto allowance as follows:
| Slot No. | Position Title | Allowance |
| 0001 | Attorney V | $2,000.00 |
| 0002 | Attorney IV | $1,000.00 |
| 0004 | Attorney II | $900.00 |
2. Approval to add the Attorney II classification to the Hidalgo County Position Inventory.
3. Approval of intradepartmental transfer.
4. Approval of salary schedule.
B.
Border Prosecution Initiative (1281):
1. Request approval to accept the 2012 Border Prosecution Grant (FY 2012) in the amount of $201,585.00, effective 01/01/2012 to 12/31/2012.
2. Approval of Certification of Revenues as certified by the County Auditor for the Border Prosecution Grant.
3 Approval of Border Prosecution (FY 2012) budget in the amount of $201,585.00.
4. Approval of salary schedule.
1. Request approval to accept the 2012 Border Prosecution Grant (FY 2012) in the amount of $201,585.00, effective 01/01/2012 to 12/31/2012.
2. Approval of Certification of Revenues as certified by the County Auditor for the Border Prosecution Grant.
3 Approval of Border Prosecution (FY 2012) budget in the amount of $201,585.00.
4. Approval of salary schedule.
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 apply for the TDSHS PHEP FY 12 Reduction Restoration allocation in the amount of $172,667.00. The purpose of this funding is to restore operating funds for the Public Health Emergency Prepardness program for FY 12. TDSHS anticipates the additional funds to run from March 1, 2012 to July 31, 2012.
C.
Requesting authorization to apply for the Cancer Prevention Microgrant from the Cancer Prevention & Research Institute of Texas. The goal of this program is to reduce overall cancer incidence and mortality due to cancer risk factors and lack of access to and delivery of preventive services.
D.
Pursuant to HB No. 1884, requesting authorization to accept the transfer of deed from the State of Texas, by and through the Department of State Health Services (Grantor) to Hidalgo County (Grantee) of the approximately 6.31 acres and improvements recently constructed by the Texas Facilities Commission.
13.
Head Start Program:
A.
Approval to enter into the best and final negotiated contract with Hinojosa Engineering, Inc. in the amount of $15,000.00 for engineering services for assessment, desgin, supervision of construction and replacement of the roof at Palmview III Head Start Center
14.
Urban County - Diana Serna:
A.
Discussion, consideration, and authorization that all bank fees be charged to the County of Hidalgo General Fund for the following Urban County Program accounts:
| ACCOUNT # | |
| Accounts Payable | 14010143 |
| Section 108 Repayment | 14010070 |
| Revolving Loan | 10010521 |
| Retirement | 14010119 |
| Rio Grande Valley OIC | 14008203 |
| Self Help | 14010046 |
| Home Program | 14010135 |
| Section 108 Custodial | 14010151 |
| Industrial Development | 14010194 |
| Water Development | 14010038 |
B.
Discussion, consideration, and authorization that Urban County Program bank accounts Industrial Development Account #14010194 and Water Development Board Account #14010038 be returned to the Hidalgo County Judge's office.
C.
On behalf of the Hidalgo County Precinct No. 1 and the City of Edcouch, Urban County Program is requesting approval to reject all bids submitted on January 18, 2012 for Year 22 (2009) Precinct No. 1 – Edcouch 2009 Water Treatment Plant (Electrical Upgrade), due to non-compliance and budget constraints.
D.
Urban County Program is requesting approval of a program amendment for the City of La Joya County Program Year 23 (2010). The amendment will increase the scope of work to the Military Park Project but will not affect the original budget.
E.
Urban County Program for Hidalgo County Precinct No. 4 is requesting consideration and action to award and enter into construction contracts with:
1. The 5125 Company for base bid and Alternate No.'s 1-7 for a total amount of $339,144.45 and;
2. Saenz Utility Contractors, Ltd. for Alternate No. 9 for a total amount of $40,000.00
For a HUD CDBG-R Fike Pump Structure - Flood drainage improvements project. Funds available through Year 22 (2009) CDBG-R flood drainage improvement and FY 23 (2010) flood drainage improvements.
1. The 5125 Company for base bid and Alternate No.'s 1-7 for a total amount of $339,144.45 and;
2. Saenz Utility Contractors, Ltd. for Alternate No. 9 for a total amount of $40,000.00
For a HUD CDBG-R Fike Pump Structure - Flood drainage improvements project. Funds available through Year 22 (2009) CDBG-R flood drainage improvement and FY 23 (2010) flood drainage improvements.
15.
Elections Administration - Yvonne Ramon:
A.
Discussion and/or action, including but not limited to Elections and Redistricting
16.
Right of Way - Joe Pena:
A.
Consideration and approval to purchase a certain tract of land also known as Parcel 14- San Carlos Drainage Improvements- Trenton Drain Project.
B.
Approval to accept the dedication of Sugarland Road through roadway affidavits to be included in the County Wide Roadway System.
17.
Colonia Access Program: Agapito Vargas:
A.
Discussion, consideration, and action authorizing Border Colonias Program Director to transfer unspent funds from completed BCAP projects to underfunded projects.
18.
Precinct #4 - Comm. J. Palacios:
A.
Pct. #4 Road Maintenance (1200):
Approval of 2012 appropriation of funds into Precinct #4 Road Maintenance (program 007) in the total amount of $148,000.00.
Approval of 2012 appropriation of funds into Precinct #4 Road Maintenance (program 007) in the total amount of $148,000.00.
B.
Approval of Interlocal Cooperation Agreement between City of Edinburg and County of Hidalgo (Pct.4) for Seminary Road re-construction project
19.
Budget & Management - Sergio Cruz:
A.
Acceptance of donation to Constable Pct. #3 in the amount of $500.00 by Shell Western E&P.
B.
Acceptance of donation to Pct. 4 by Sotero Chapa in the amount of $15.00.
C.
Budget Appropriations:
1.
STOP Truancy (1285)/ Co Wide Admin (1100):
Approval to deobligate cash match funds from the STOP Truancy grant for county calendar year 2011/ grant fiscal year 2012 (program #005) and appropriate into Countywide Administration - Contingency in the amount of $11,076.00.
Approval to deobligate cash match funds from the STOP Truancy grant for county calendar year 2011/ grant fiscal year 2012 (program #005) and appropriate into Countywide Administration - Contingency in the amount of $11,076.00.
20.
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
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
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
a) Renovations of administration building
b) Other ongoing county owned building construction, renovation repair projects
c) Emergency situations occurring since last agenda meeting
4.
Requesting acceptance and approval of the final negotiated contract (previously approved by cc on 01/17/12 for the negotiation process) with Mary Ann Peralez d/b/a Breath Test Services for RFP No: 2011-231-11-23-YZV-Certified Technical Supervisor For Hidalgo County's Alcohol Breath Test Program Services.
5.
Acceptance of the recommendation by Joe Pena (evaluator) of responses received as "qualified" for award for "Title Report Services- Pool" and approval of contracts with Valley Land Title and So. Texas Land Investigations, on an "As Needed Basis".
6.
Requesting approval to declare as surplus numerous items and vehicles (County Owned and/or Seized) for the
purpose of disposition through auction as set forth through Texas Local Gov't Code 263. I 52.(a)(I ) and as further
detailed on the Exhibit attached hereto.
purpose of disposition through auction as set forth through Texas Local Gov't Code 263. I 52.(a)(I ) and as further
detailed on the Exhibit attached hereto.
7.
Requesting approval of Work Authorization No. 1 through current contract with R. Gutierrez Engineering (C-11-310-11-24) with an estimated cost of $5,000 for professional services (Construction Admin & Staking) associated with the McColl Road II Off-Site Drain Project along Thomas Road.
8.
Acceptance and approval of payment(s) due the JP Morgan Travel Card Program for the items detailed on attached grid for which all possible research and attempts to verify have been made in an amount not to exceed $ 2,502.56 and reducing all credits issued by JP Morgan as reflected in statement attached.
B.
Pct. 1
1.
Acceptance and approval of an "Amendment" to Interlocal Agreement #C-11-333-12-29 between City Of Edcouch and County Of Hidalgo to assist each other in multiple projects (previously approved by CC on 12/29/11) to include/add Supplemental Exhibit A-"Employees Hourly Rates" and which said action is applicable to the previously CC approved ILAs for the Cities of Mercedes, La Villa, Donna and Progresso.
2.
Acceptance and approval of the Interlocal Cooperation Agreement between Hidalgo County and City of La Villa for the provision of assisting each other in multiple projects as defined in the agreement.
C.
Pct. 2
1.
Acceptance and approval of Construction Change Order No.3 (increase) of $4,468.75 and an additional (2) days time extension for proposed work through awarded contractor, Mission Paving Company, Inc. for "Tower Road Phase I Road & Drainage Improvement Project" reflecting items specified on change order description, with authority for County Judge or Court Member to execute document.
2.
Acceptance and approval of Construction Change Order No.4 for additional (10) days time extension due to weather with awarded contractor, Saenz Utility Contractor, LTD. "El Dora Street & Drainage Improvement Project", with authority for County Judge or Court Member to execute document.
3.
Requesting approval of "Supplemental Agreement No. 1" for R. Gutierrez Engineering Corporation, Contract #C-10-376-12-14 resulting in an estimated cost increase of $33,600.00 for services under the Work Authorization No. 5 for the McColl Off-Site Drain Project.
D.
Constables:
1.
Acceptance and approval of Work Authorization No. 3 with Paul M. Vazaldua d/b/a Vazaldua & Associates in the amount of ($ 3,500.00) for (Preparation of a grant proposal to the office of the Governor Criminal Justice Division in order to increase the amount of deputy constables for the public safety of Precinct Two as well as to provide security service to the offices of the Justices of the Peace) in connection to contract #C-11-269-10-18-"Professional Services Agreement" 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 following categories, but not limited to; a) Improving the Judicial System; b) Human Trafficking Programs and; c) Programs to Protect Women against Domestic Violence.
2.
Pursuant with CC approved (6-22-09) action to permit Hon. Constable-Pct. #1, Celestino Avila, to participate, select and receive federal military suplus items through Texas 1033 Surplus Property Program, requesting approval to accept three (3) vehicles (further described in attachments) upon notification that said vehicles are ready to be picked up in San Antonio.
E.
HIDTA
1.
a. Requesting exemption from competitive bidding requirement under the Texas Local Government Code, Section 262.024(a)(7)(a) proprietary software in connection with On-line Research Services for Hidalgo County;
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. HIDTA Task Force
21.
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:
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.
Pending and/or potential litigation
C.
Claim of Verizon
D.
Claim of William Spencer
E.
Claim of Jorge Lopez
F.
CL-11-3847-A; Daniel Marichalar v. County of Hidalgo
G.
C-0093-12-A; Daniel Marichalar v. County of Hidalgo, et al
H.
CL-12-0522-G; Hector Rivera Jr. v. Jonathan Trevino individually and as police officer for the City of Mission and as officer of Hidalgo County Joint Narcotic Task Force
I.
Case 7:10-cv-00268; Francisco De Luna and Elizabeth Diaz, individually and on behalf of all other similarly situated v. Hidalgo County, Texas, et al
22.
Open Session:
A.
Real Estate Acquisition and appropriation for same
B.
Pending and/or potential litigation
C.
Claim of Verizon
D.
Claim of William Spencer
E.
Claim of Jorge Lopez
F.
CL-11-3847-A; Daniel Marichalar v. County of Hidalgo
G.
C-0093-12-A; Daniel Marichalar v. County of Hidalgo, et al
H.
CL-12-0522-G; Hector Rivera Jr. v. Jonathan Trevino individually and as police officer for the City of Mission and as officer of Hidalgo County Joint Narcotic Task Force
I.
Case 7:10-cv-00268; Francisco De Luna and Elizabeth Diaz, individually and on behalf of all other similarly situated v. Hidalgo County, Texas, et al
23.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
24.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
25.
Adjourn