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Agenda for CC REGULAR

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
September 11, 2012
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.
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" and authority to submit letter of engagement
 
B.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following: 
a) Renovations to Former Administration Building 1st and 2nd Floors 
b) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects 
c) Emergency situations occurring since last agenda meeting
 
C.
1.  Requesting exemption from competitive requirements under Texas Local Government Code Section 262.024 (A)(6) any land;
2.  Approval of Lease between Rolando Cantu and wife, Laura E. Cantu and the County of Hidalgo
 
D.
Health & Human Services:
Approval for travel for employee # 137782 and #058726 to attend  the Texas Indigent Health Care Association (TIHCA) Conference October 2-4, 2012, Austin, Texas.
 
E.
Health & Human Services Dept. - Environmental Division (1100):
Requesting permission / approval of travel request for Elizardo Ramos, Ruben Hernandez & Jose Gonzalez to attend the Texas Environmental Health Association's 57th Annual Educational Conference to be held on October 9-12, 2012 in Austin, Texas. 
 
F.
Veterans Services:
Requesting permission for Francisco R. Garza travel to Dallas, Texas to attend the Texas Veterans Commission (TVC) 65th Annual Statewide Training Conference on September 17-21, 2012 (no county expense -TVC will cover all expenses) 
 
G.
Fire Marshal's Office:
Requesting permission to allow Juan Martinez, Fire Marshal, Javier Garcia, Deputy Fire Marshal and Rolando Casas, Deputy Fire Marshal to attend the 14th Annual Texas Fire Marshals' Conference in Austin, TX, October 14-19, 2012.
 
6.
Constables:
 
A.
Constable Pct # 3 (1284):
1. Approval to accept the Local Border Security Program, FY 2012 (LBSP-12) Grant award in the amount of $40,000.00 from the Texas Ranger Division, Texas DPS for the period of July 06, 2012 to January 31, 2013.
2. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program, FY 2012 (LBSP-12)
3. Approval to appropriate funds from the Local Border Security Program, FY 2012 (LBSP-12) grant award in the amount of $40,000.00.
4. Approval to submit Resolution for the Local Border Security Program, FY 2012 (LBSP-12) Grant to the Texas Ranger Division, Texas DPS as required by the grant.
 
B.
Constable Pct # 4 (1284):
1. Approval to accept the Local Border Security Program, FY 2012 (LBSP-12) Grant award in the amount of $40,000.00 from the Texas Ranger Division, Texas DPS for the period of July 06, 2012 to January 31, 2013.
2. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program, FY 2012 (LBSP-12)
3. Approval to appropriate funds from the Local Border Security Program, FY 2012 (LBSP-12) grant award in the amount of $40,000.00.
4. Approval to submit Resolution for the Local Border Security Program, FY 2012 (LBSP-12) Grant to the Texas Ranger Division, Texas DPS as required by the grant.
 
7.
County Judge's Office:
 
A.
Recognition of John Carlos Trevino for receiving a 2012 Excellence in My Market Award (EMMA) by the National Academy of Television Arts and Sciences for "Operation: Clean Slate" PSA
 
B.
Discussion, consideration, and possible action regarding audit report submitted by the Emergency Services District No. 3 for year ended 12/31/11
 
8.
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
Discussion, consideration and approval of Texas Official Bond and Oath in the amount of $500,000.00 for the County Treasurer's Chief Deputy, Fred Zamarripa as recommended by the County Auditor as set forth under Local Government Code, Section 83.009.
 
B.
Discussion, consideration and approval of Crime Policy Surety Bond in the amount of 50,000.00 for the Hidalgo County Treasurer's Office as recommended by the County Auditor as set forth under Local Government Code, Section 83.008.
 
9.
Sheriff's Office:
 
A.
Authorization and approval of cell phone upgrade plans through the County's membership/
participation with Contract #DIR-SDD-1780 through Sprint.

 Qty.                           Plan                                                         Monthly Rate
 -----                           -----                                                          ----------------
    7   Business Advantage Unlimited Messaging & Data 450         $53.19
    5   Business Advantage Unlimited Messaging & Data 200         $37.99
  55   Business Advantage Unlimited Messaging & Data 300         $37.99
  67   Premium Data Charge                                                          $10.00


Total Cell Phones:  67
Estimated Monthly Rate:  $3,321.73
 
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.
Prenatal Services (1293):
1.  Requesting authorization to accept the Department of State Health Services grant contract #2013-042404 in the amount of $165,909.00 for the period of 09/01/12 to 08/31/13. 
2.  Requesting authorization for County Judge to sign the Certification Regarding Lobbying.
3.  Requesting authorization for County Judge to sign the Disclosure of Ownership and Control Interest Statement.
4.  Requesting approval of the Certification of Revenue in the amount of $165,909.00.
5.  Requesting approval of the Prenatal FY 13 budget appropriation in the amount of $165,909.00. 
6.  Requesting approval to delete and create the following full-time position(s); 

Action Slot # Position Title Grade
Delete 0002 Clerk III 5
Create 0004 Clerk II 3

7.  Approval of salary schedule.
 
C.
Child Health Services Grant (1293):
1.  Requesting authorization to accept the Department of State Health Services grant contract #2013-042399 in the amount of $34,833.00 for the period of 09/01/12 to 08/31/13. 
2.  Requesting authorization for County Judge to sign the Disclosure of Ownership and Control Interest Statement.
3.  Requesting approval of the Certification of Revenues, as certified by the County Auditor.
4.  Requesting approval of the Child Health budget appropriation in the amount of $34,833.00.
5.  Requesting approval of the following personnel actions: 

Action Slot # Position Title Grade
Delete G001 Clerk III 5
Create G002 Clerk II 3

6.   Approval of salary schedule.
 
D.
Health & Human Services Dept. - Environmental Division (1100)
1.  Requesting authorization to submit application for permit to import biological agents or vectors of human disease into the United States.
 
11.
Emergency Management - Oscar Montoya:
 
A.
Discussion, consideration and Approval of Memorandum of Understanding between the Texas Forest Service, Regional Incident Management Team Member and the County of Hidalgo with the authority of the Emergency Management Director to execute documents for the following County employees:

Rolando Benavdies-Hidalgo County Emergency Management
Juan Martinez-Fire Marshal's Office
Carlos Moreno-Right of Way
Joel Rivera-PCT 4 Constable's Office
Karina Cardoza-Public Affairs Division
Michelle Villareal-Public Affairs Division
Horaldo Sanchez-PCT 3 Constable's Office
Eddie Olivarez-Health and Human Services
Lorenzo Ortiz-Safety Division
Armando Guzman-Safety Division
Rolando Casas-Fire Marshal's Office
Tommy Ureste-Fire Marshal's Office

Texas Forest Service will reimburse the County of Hidalgo for all wages, backfilling, travel expenses, personal costs, materials, equipment and supplies associated with the Member's participation in a deployment.
 
12.
Facilities Management:
 
A.
Facilities Mgmt.:
Approval of credit application with Ferguson Company to open new account for Plumbing/HVAC.
 
13.
IT Department - Renan Ramirez
 
A.
Elections Dept.:

Authorization and approval of current service plan through the County's membership/participation with CONTRACT: DIR-SDD-1779 with awarded vendor VERIZON WIRELESS for the following:

Description: Employee Name: Service Plan: Months: MDN:
85 Netbooks Office Use BroadBand Access plan @ $37.99/per laptop Sept.-Dec. 2012 see attachment
4 Cell Phones Office Use State of Texas DC Share 500 plan @ $34.99/per line Sept.-Dec. 2012 see attachment
 
14.
Urban County - Diana Serna:
 
A.
1. Urban County Program, on behalf of the City of Alton, is requesting authority to purchase fire protection equipment through Hidalgo County's membership and participation with Buy Board (Texas Association of School Boards) approved vendor Casco Industries, Inc. (contract # 363-10) in the amount of $18,802.08 (quote attached hereto). City of Alton UCP Year 24 (2011) Fire Station/Equipment funds will be utilized.

2. Urban County Program, on behalf of the City of Alton, is requesting authority to purchase radios to be used by the Alton Fire Department through Hidalgo County's membership and participation with HGAC (Houston-Galveston Area Council) approved vendor Motorola (contract # RA05-12) in the amount of $9,779.80 (quote attached hereto). City of Alton UCP Year 24 (2011) Fire Station/Equipment funds will be utilized.

 
B.
1.  Hold a Public Hearing to consider public comments for Urban County Program's (UCP) substantial amendment to its HOME Program's Annual Allocation for Fiscal Year 25 (2012). The proposed amendment will decrease the HOME Programs Fiscal Year 25 (2012) by $367,858. The reduction is due to the U.S. Department of Housing and Urban Development (HUD) approving the County's request for a waiver. The following reflects what was requested and the actual allocation:
Requested HOME Allocation Amount Actual HOME Allocation Amount
Administration $180,215 Administration $143,429
Rehab Program   971,936 Rehab Program   640,864
Homebuyer Program     50,000 Homebuyer Program     50,000
CHDO Program   600,000 CHDO Program   600,000
       
Total $1,802,151 Total $1,434,293
                        
2.  Requesting approval of a budget and program substantial amendment for Urban County Program's HOME program   Fiscal Year 25 (2012) Annual Allocation. The proposed amendment will decrease annual allocation by $367,858.
 
C.
Discussion and consideration authorizing Urban County Program to issue payment to Texas Department of Transportation in the amount of $372,805.69 for the relocation and adjustment of waterlines and sanitary sewer lines and associated appurtenances along FM88 from SH 107, South to 0.25 Miles N of Mile 16 N, as well as from SH 107, Elsa, TX. The Urban County Program will leverage approximately $2,535,073.40 of Texas Department of Transportation funds.
 
15.
Elections Administration - Yvonne Ramon:
 
A.
Discussion and/or action, including but not limited to Elections updates
 
B.
Approval of Full Contract for Election Services between Hidalgo County and the Edcouch-Elsa Independent School District for their election to be held on November 6, 2012.
 
C.
Approval of Full Contract for Election Services between Hidalgo County and the Donna Independent School District for their election to be held on November 6, 2012.
 
D.
Discussion, consideration and/or action of November 6, 2012 General Election Early Voting poll locations.
 
E.
Discussion, consideration and/or action of November 6, 2012 General Election Early Voting mobile poll locations.
 
F.
Discussion, consideration and/or action of November 6, 2012 General Election Day poll locations.
 
16.
Right of Way - Joe Pena:
 
A.
Consideration of the use of Eminent Domain to condemn property on the following Parcels for the FM 681/ FM 2221 Road Project (TXDOT CSJ # 0669-01-052). Parcels #1, 28B and 28C. (Pct.3)
 
B.
Authorization for the Right of Way Director to execute Right of Entries to the Hidalgo County RMA.  Legal Description is West Addition to Sharyland N3.61 Acre, Lot 5-10 for Military Hwy and 1.69 Acre R/O/W- E16.25 Acre Lot 5-9 1.69AC.
 
17.
Precinct #2 - Comm. H. Palacios:
 
A.
Requesting approval of the following claim/invoice with authorization for County Treasurer to issue payment/check after review, audit and processing procedures are completed by County Auditor:

Hidalgo County Clerk Invoice #820065 in the amount of $24.00 (for recording fees)
 
B.
1. Requesting authorization for Hidalgo County to execute the Interlocal Cooperation Agreement between Hidalgo County and City of Pharr for the Minnesota Road Project.

2. Acceptance and approval of the Interlocal Cooperation Agreement Project: provision of the "Undertaking a road improvement project generally described as the Minnesota Road Project from I Road West to Huisache Avenue" pursuant to the approval of the Interlocal Agreement as stated above.
 
18.
Budget & Management - Sergio Cruz:
 
A.
Discussion and presentation on proposed salaries of elected officials
 
B.
Discussion, consideration, and approval to authorize Urban County to utilize County funds, Special Revenue Bank Account, as interim funding for payment of expenditures as specified in the Texas General Land Office (GLO) Contract No. 12-406-000-6453/DRS210068.
 
C.
Budget Appropriations:
 
1.
JAIGB (1286) / Co Wide Adm (1100):
Approval to deobligate cash match funds from the JAIGB "Early Intervention Counseling Program" Grant for FY 2013 (Fund 1286, program 005) and appropriate into Countywide Administration-Contingency (Fund 1100) in the amount of $1,065.22.
 
2.
Notes Payable (1401):
Approval of 2012 appropriation of funds into Notes Payable in the amount of $3,916.42.
 
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.
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
 
3.
Acceptance and approval of CORRECTED Work Authorization No. 1 (with estimated cost proposal of $ 55,625.00 ) as submitted by Halff Associates, Inc. for Project: (Installation Infrastructure Engineering, Drawings and Specifications for the Addition of Annex Structures/Three (3) Modular Buildings to the existing Hidalgo County Courthouse), in connection to the "on-call" agreement #C-11-291-01-24 for the purposes of: "Building Repairs/Renovation, Alterations and/or Additions to County Owned Buildings within Hidalgo County Precinct No. 4" and as (approved by CC on 09/04/12, AI-33976)
 
4.
Approval to re-state agreement between Lexis Nexis and Hidalgo County Public Defender's Office to incorporate additional access at no additional cost.
 
5.
A.  Acceptance and approval to award proposal including terms and conditions agreement received from Weatherproofing Technologies, Inc. in the amount of $91,882.94 (through Hidalgo County's membership/participation with TCPN Contract #4812) for the provision of labor, to include materials but not limited to any appurtenances, for proposed Roof Repair Services for the Hidalgo County - Former Administration Building located at 100 East Cano, Edinburg, Texas (project #2012-029A).

B.  Acceptance and approval to enter into a 5 year Tremcare Service Agreement for Tremco Roofs with  Weatherproofing Technolies, Inc. in the amount of $9,500.45 (already included on item a. proposal) for Hidalgo County Former Administration Building.
 
6.
Requesting approval to reject all responses received for the request for proposals: "Placement, Housing and Supervision of Hidalgo County Inmates" for Sheriffs Department" as requested by user department.
 
B.
Pct. 1
 
1.
Acceptance and approval of request by Precinct One for Supplemental No. 2-Work Authorization #1 as submitted by TEDSI Infrastructure Group, Inc. through Contract #C-08-227-02-09 for the acceptance of revised "Attachment C" for Supplemental Agreement No. 1 to Work Authorization No. 1 (approved by CC 05/22/12) to reflect the "Notice To Proceed"  based on the issuance of the revised purchase order effective August 29, 2012. 
 
C.
Pct. 2
 
1.
Acceptance and approval to execute an "On Call" professional engineering services contract with Raba Kistner Consultants Inc. for, "Construction Material Testing for All Projects" for Precinct No. 2 as approved for negotiations on 
 
D.
Pct. 4
 
1.
Requesting approval of a professional architectural "on call" services contract with DANNENBAUM ENGINEERING COMPANY for the purposes of  Repairs/Renovations/Remodeling and/or Additions/Alterations on a "per project basis" for County owned Buildings/Structures located within Hidalgo County Precinct No. 4, through the forms of an AIA Agreement and as selected for negotiations through County's protocol under the "POOL" of Architects;
 
E.
IT Department:
 
1.
a. Discussion, consideration, and approval of Amendment No. 4 with Texas Conference of Urban Counties to extend term and revise anticipated payment schedule for Fiscal Year 2012 for the integration of the Justice System Court Administration System.

b. Requesting approval to execute an Amended and Restated Implementation Plan for Phase 1 and Phase 2 with Tyler Technologies, Inc. to proceed with the completion of the project within the original budgets.
 
F.
Colonia Access Program Pct. 3
 
1.
Acceptance, and approval of the following for C-CAP-12-138-07-24 Acevedo #4 Subdivision between Hidalgo County and 2GS, LLC as submitted through project engineer Javier Hinojosa Engineering:

a. Final construction contract (CC previously approved to award on 07-24-12) in the amount of $346,509.20;

b. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
 
G.
Sheriff's Office
 
1.
Requesting authority/approval to enter into 36 month service with Time Warner Cable Business Class an awarded vendor through our membership/participation with (DIR) Department of Information Resources contract # DIR-TEX-AN-NG-CTSA-008 for Fiber Ethernet Connection to 3003 E. Mile, Weslaco, TX (new Serriff's Office Substation-Weslaco) for a one time installation charge of $840.00 and $308.00 monthly charge for each of two (2) 10m Ports.
 
20.
Open Forum
 
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:
 
A.
Real Estate Acquisition
 
B.
Pending and/or potential litigation
 
C.
Claim of Carlos Rodriguez
 
22.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Pending and/or potential litigation
 
C.
Claim of Carlos Rodriguez
 
23.
Closed Session:
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
 
25.
Adjourn