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AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING May 1, 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.
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.
Report from Committee appointed by Commissioners' Court to review matters concerning Guerra Construction Contract (Contract #C-11-013-03-21).
C.
Approval of Proclamation designating the month of May as Elder Abuse Prevention Month
D.
Approval of Proclamation recognizing May 3, 2012 as National Day of Prayer
E.
Texas AgriLife Extension:
Requesting permission for Barbara Storz and six (6) employees to travel to South Padre Island, TX to attend the District 12 Spring Faculty Meeting on May 23-24, 2012
Requesting permission for Barbara Storz and six (6) employees to travel to South Padre Island, TX to attend the District 12 Spring Faculty Meeting on May 23-24, 2012
F.
Approval to accept a settlement check from Endeavor General Agency in the amount of $292.48 to settle property damages to County fence. (Precinct 1)
G.
Acceptance and approval of Letters of Engagement in connection with "Legal Representation Services" for Hidalgo County with the following attorneys/law firms assigned/engaged by Commissioners' Court (including payment of pending invoices as attached):
| Attorney/Law Firm: | In connection with Cause: | |
| Willette & Guerra | D. Marichalar v. County N. Ramos v. County |
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| Andy Taylor & Associates | Electric Sales Agreement | |
| Atlas & Hall | Wyttenbach v. County Hidalgo County v. Insurors Indemnity M. Balderas v. County Claim of Hugo Rangel Dyer v. County Elizondo & Rodriguez v. County |
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| Thornton, Biechlin, Segrato, Reynolds & Guerra | E. Solis v. County | |
6.
County Judge's Office:
A.
Presentation, discussion, and approval of 2011/2012 Membership Dues to the U.S./Mexico Border Counties Coalition in the amount of $11,314.08 with authority for Auditor to issue payment after review and audit procedures are completed with authority for County Treasurer to issue check.
7.
Sheriff's Office - Chief Martinez:
A.
1. Approval and Acceptance of extension of the 2009 Operation Stonegarden Grant. New termination date is 5/31/12. (Prior termination date was 4/30/12.)
2. Authorization for County Judge, as authorized official, to sign required documents (grant adjustment notice, and exhibits b & c).
2. Authorization for County Judge, as authorized official, to sign required documents (grant adjustment notice, and exhibits b & c).
B.
Requesting approval for reimbursement for Chief Administrator Pat Medina in the amount of $20.00. Reimbursement is being requested due to Pat Medina paying for fuel expense after Comdata card did not work.
8.
Health & Human Services Department - Eddie Olivarez
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
B.
Public Health Emergency Prepardness Division (1293):
Requesting authorization to apply for the Public Health Emergency Preparedness Discretionary Project funding offered by the Texas Department of State Health Services in an amount not to exceed $125,000.00. This grant funding requires a ten percent (10%) local match which will not exceed $12,500.00.
Requesting authorization to apply for the Public Health Emergency Preparedness Discretionary Project funding offered by the Texas Department of State Health Services in an amount not to exceed $125,000.00. This grant funding requires a ten percent (10%) local match which will not exceed $12,500.00.
C.
PHEP Division (1293):
Requesting authorization to execute the Interlocal Cooperation Agreement between Hidalgo County and following local hospitals: Doctors Hospital at Renaisance, Edinburg Regional Medical Center, McAllen Medical Center, Knapp Medical Center, Mission Regional Medical Center and Rio Grande Regional Hospital. The aim of this Agreement is to establish an agreement to monitor and analyze healthcare registration data collected from emergency department visits for possible outbreaks of infectious disease and other public health threats and emergencies.
Requesting authorization to execute the Interlocal Cooperation Agreement between Hidalgo County and following local hospitals: Doctors Hospital at Renaisance, Edinburg Regional Medical Center, McAllen Medical Center, Knapp Medical Center, Mission Regional Medical Center and Rio Grande Regional Hospital. The aim of this Agreement is to establish an agreement to monitor and analyze healthcare registration data collected from emergency department visits for possible outbreaks of infectious disease and other public health threats and emergencies.
9.
Fire Marshal's Office - Juan Martinez:
A.
Discussion and approval for the sale and use of Fireworks for May 5th (Cinco de Mayo). Selling to begin May 1st and to end at midnight May 5th.
10.
Urban County - Diana Serna:
A.
Presentation of Quick draw Award to Precinct 2 Commissioner Hector "Tito" Palacios and Precinct Coordinator of the Year, Mr. Euralio Palacios.
B.
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. 4 Trenton Drain Project Flood Drainage Improvements. The Change Order will increase the construction contract amount of $1,645,863.50 to $1,652,223.50 for a total increase of $6,360.00 to the construction service contract currently awarded to O.G Construction Company, L.L.C.
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.
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.
C.
The Urban County Program is requesting the award of bids and approval of contract for the demolition and reconstruction of the following:
1. (1) Unit in the Countywide area in the amount of $46,400.00 to Rigney Construction.
2. (1) Unit in the City of Mercedes, (1) Unit in the City of San Juan and (1) Unit in the City of La Joya in the amount of $132,149.00 to G & G Contractors
3. (1) Unit in the City of San Juan in the amount of $23,000.00 to Benchmark Construction.
1. (1) Unit in the Countywide area in the amount of $46,400.00 to Rigney Construction.
2. (1) Unit in the City of Mercedes, (1) Unit in the City of San Juan and (1) Unit in the City of La Joya in the amount of $132,149.00 to G & G Contractors
3. (1) Unit in the City of San Juan in the amount of $23,000.00 to Benchmark Construction.
11.
Elections Administration - Yvonne Ramon:
A.
Approval of Contract for Lease Election Services between Hidalgo County and the Hidalgo and Cameron Counties Irrigation District No. 9 for their election to be held on May 12, 2012
B.
Discussion and/or action, including but not limited to Elections updates
12.
Head Start Program - Teresa Flores:
A.
Discussion/Approval of Amendment to Priority Ranking for Selection
B.
Discussion/Approval to Enter into the Best and Final Negotiated Contract with Dannenbaum Engineering Company, McAllen, LLC, in the Amount of $35,993.00 for Architectural Services for the Relocation of the Palmview I Head Start Building
C.
Discussion/Approval of Memorandum of Understanding (MOU) Between Hidalgo County Head Start Program and the University of Texas Pan American
D.
Discussion/Approval to Advertise and Approval of Draft Specifications for the Following:
1. Air Conditioning Maintenance & Repair
2. Plumbing Repair
1. Air Conditioning Maintenance & Repair
2. Plumbing Repair
E.
Discussion/Approval of Centennial Construction Company
F.
Discussion/Approval of Summer Work Schedule
13.
Right of Way - Joe Pena:
A.
Consideration and approval to purchase a certain tract of land also known as Parcels 4 & 24 Mile 17 North Road Project.
(Pct. 1)
(Pct. 1)
B.
Approval to accept Road Donation for the Lopezville Park Project in Pct.2.
C.
Authorization for County Judge to execute closing documents for the Lopezville Park Project- Pct.2.
14.
Planning Department - Raul Sesin:
A.
Cancellation of a portion of La Blanca Townsite as per Texas LGC 232.008 - Pct. 1
B.
1. Preliminary Approval
a. RBA Donna Subdivision – Pct. 1 (Eloy T. Garcia)
2. Preliminary Approval with Variance Request
a. Casa De Dios Subdivision – Pct.1 (Melinda Garza Farias)
b. Tristan Subdivision – Pct. 1 (Homero Tristan)
3. Final Approval
a. Yamham Subdivision – Pct. 2 (Omar Martinez Moreno)
b. Pueblo de Palmas Phase 12 Subdivision – Pct. 4 (J.Gary Frisby)
c. Eduardos Subdivision No.11 Subdivision – Pct.3 (Diana Laura Izaguirre)
4. Final Approval with Financial Guarantee
a. Lopez Heights Subdivision – Pct.4 (Leon G. Lopez)
a. RBA Donna Subdivision – Pct. 1 (Eloy T. Garcia)
2. Preliminary Approval with Variance Request
a. Casa De Dios Subdivision – Pct.1 (Melinda Garza Farias)
b. Tristan Subdivision – Pct. 1 (Homero Tristan)
3. Final Approval
a. Yamham Subdivision – Pct. 2 (Omar Martinez Moreno)
b. Pueblo de Palmas Phase 12 Subdivision – Pct. 4 (J.Gary Frisby)
c. Eduardos Subdivision No.11 Subdivision – Pct.3 (Diana Laura Izaguirre)
4. Final Approval with Financial Guarantee
a. Lopez Heights Subdivision – Pct.4 (Leon G. Lopez)
15.
Precinct #2 - Comm. H. Palacios:
A.
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 $8,800.00 for services under the Work Authorization No. 8 for the Minnesota Drain Project.
B.
Requesting approval of "Supplemental Agreement No.1" for Raba-Kistner Consultants, Contract #C-11-110-04-12 resulting in an estimated cost increase of $14,353.59 for services under the Work Authorization No. 3 for El Gato Road Improvement Project.
C.
Requesting approval of Construction Change Order No.7 decrease in the amount of ($228.45) with Mission Paving Company, Inc. (contracted vendor for "Tower Road Phase I Project") reflecting reconciliation of project quantities described on change order, with authority for County Judge to Court Memeber to execute document.
D.
Acceptance and approval of Work Authorization No.3 (with an estimated cost of $12,000) as submitted by project engineer, R. Gutierrez Engineering Corporation, for Minnesota Road Project, through Contract #C-11-310-01-24.
E.
Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $4,856.00) as submitted by Millennium Engineers Group, Inc., for I Road Rehabilitation @ IBWC Floodway Project, through Contract #C-12-068-04-03
16.
Precinct #4 - Comm. J. Palacios:
A.
Approval of In-House Standard Operation Rules Manual for Precinct #4
17.
Budget & Management - Sergio Cruz:
A.
Status update on Classification and Compensation pay plan policies and procedures.
B.
Presentation and discussion on the Budget Status Report for the 1st Quarter of 2012.
C.
Edward Byrne Memorial:
1. Public Hearing on the FY 2012 Edward Byrne Justice Assistance Grant (JAG) Program Application/Strategies/Narrative.
2. Discussion, consideration, review, and approval of the program application/strategies/narrative of the FY 2012 Edward Byrne Justice Assistance Grant.
1. Public Hearing on the FY 2012 Edward Byrne Justice Assistance Grant (JAG) Program Application/Strategies/Narrative.
2. Discussion, consideration, review, and approval of the program application/strategies/narrative of the FY 2012 Edward Byrne Justice Assistance Grant.
D.
Budget Appropriations:
1.
Pct. #2 - El Gato Road:
Approval of 2012 appropriation of funds for Precinct 2 El Gato Road (1200) in the amount of $100,000.00 from Pct.2 Fund Balance.
Approval of 2012 appropriation of funds for Precinct 2 El Gato Road (1200) in the amount of $100,000.00 from Pct.2 Fund Balance.
2.
Pct. #2:
Approval of 2012 appropriation of funds for several Precinct 2 (1200) project accounts in the total amount of $1,892,000.00 from Pct. 2 R&B Fund Balance.
Approval of 2012 appropriation of funds for several Precinct 2 (1200) project accounts in the total amount of $1,892,000.00 from Pct. 2 R&B Fund Balance.
3.
Pct. 3 Drainage Imprv Prj (1200):
Approval of 2012 appropriation of funds from the R&B unreserved fund balance into Pct. 3 Rd Maint & Drainage Imprv Prj (program #'s 005 & 049) in the amount of $434,790.00 to fund salary & operating expenditures.
Approval of 2012 appropriation of funds from the R&B unreserved fund balance into Pct. 3 Rd Maint & Drainage Imprv Prj (program #'s 005 & 049) in the amount of $434,790.00 to fund salary & operating expenditures.
18.
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.
Presentation for acceptance and approval of 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
B.
Pct. 1
1.
Acceptance and approval to subcontract the services of SAM Engineering & Surveying, Inc. pursuant to Article 14 of Contract #C-08-417-12-09 with L&G Consulting Engineers, Inc. dba L&G Engineering so as to complete the Surveying & ROW Mapping in connection to the FM 493 from US 281 (Military Highway) to Business 83 project, more specifically from US 281 (Military Highway) North 6.65 Miles to Business 83.
C.
Constables
1.
a. Requesting recission of action taken by Commissioners' Court on 04/10/2012 (AI-31748) in as much as a new quote was requested and units will have more options for a lessor amount;
b. Approval to purchase Two (2) New 2012 Chevrolet Tahoe's through the County's membership/participation with HGAC (Houston-Galveston) awarded vendor, Caldwell Country Chevrolet (Contract #VE11-11) in the amount of $84,909.94 which includes a $600.00 HGAC administration fee and delivery for ( Project #2012-102-OGG).
b. Approval to purchase Two (2) New 2012 Chevrolet Tahoe's through the County's membership/participation with HGAC (Houston-Galveston) awarded vendor, Caldwell Country Chevrolet (Contract #VE11-11) in the amount of $84,909.94 which includes a $600.00 HGAC administration fee and delivery for ( Project #2012-102-OGG).
D.
Colonia Access Program Pct. 1
1.
Presentation for discussion, consideration, and action on a recommendation by project engineer TEDSI Infrastructure Group Inc. to award to the lowest bidder meeting all specifications: Asago LLC dba Asago Construction in the amount of $317,767.00 for Bid No. CAP-12-049-02-15-YSI "Road & Drainage Construction for Mid Valley Estates Subdivision".
E.
Co. Wide
1.
Recommending bid award and approval of contract document to the lowest and most advantageous bidder meeting all specifications and/or requirements for: Hidalgo County "Pest Control Services" RFB No. 2012-023-03-21-MEG
19.
Open Forum
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:
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 AT&T
D.
Claim of Florentino Vela
E.
Civil Action No. M-12-141; Silvestre Moreno Jr. v. Donna I.S.D., et al
F.
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
G.
CL-09-1306-B; Fernando Elizondo v. Daniel Rodriguez v. Ernesto Solis
21.
Open Session:
A.
Real Estate Acquisition and appropriation for same
B.
Pending and/or potential litigation
C.
Claim of AT&T
D.
Claim of Florentino Vela
E.
Civil Action No. M-12-141; Silvestre Moreno Jr. v. Donna I.S.D., et al
F.
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
G.
CL-09-1306-B; Fernando Elizondo v. Daniel Rodriguez v. Ernesto Solis
22.
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
23.
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
24.
Adjourn