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AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING March 12, 2013 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.
County Judge's Office:
A.
Report on bills before the Texas Legislature of interest to Hidalgo County
B.
Requesting approval of claim/invoice for advertising services, invoice dated 10/31/12 for R Communications in the amount of $250.00 with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.
7.
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
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:
1) Renovations to Former Administration Building 1st and 2nd Floors
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting
1) Renovations to Former Administration Building 1st and 2nd Floors
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting
C.
Discussion, consideration and action on rescheduling/cancelling the Commissioners' Court Meeting of Tuesday, March 19, 2013 due to court members absence while on business in Washington, D.C.
D.
Safety Division:
1. Discussion, consideration and possible approval of the "Tail End Coverage" proposal from Montalvo Insurance Agency to extend the Travelers Insurance coverage for claims on the Management Liability and the Employment Practices Liability.
2. Subsequent to item 1 being approved is the request for the approval of payment of the insurance premiums for the extended claim coverage period by Travelers Insurance with approval for the Auditor's Office to issue payment once audit procedures have been finalized.
1. Discussion, consideration and possible approval of the "Tail End Coverage" proposal from Montalvo Insurance Agency to extend the Travelers Insurance coverage for claims on the Management Liability and the Employment Practices Liability.
2. Subsequent to item 1 being approved is the request for the approval of payment of the insurance premiums for the extended claim coverage period by Travelers Insurance with approval for the Auditor's Office to issue payment once audit procedures have been finalized.
E.
Discussion, consideration, and action to authorize the Executive Officer, Valde Guerra, to sign an affidavit for the H.C.C.S.C.D. (Adult Probation) to receive payment for a court ordered restitution payment by Defendant to the County of Hidalgo, Texas in the amount of $695.31. (Precinct 2)
F.
1. Approval to accept settlement agreement from Endeavor General Agency in the amount o $1,871.95 to settle auto accident with County vehicle. (Sheriff Office)
2. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign Property Damage Release form to settle auto accident claim with Endeavor General Agency.
2. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign Property Damage Release form to settle auto accident claim with Endeavor General Agency.
G.
Facilities Management:
Approval of 2013 AEP Texas Central Memorandum of Understanding (MOU) Addendum for the SCORE/CitySmart Rebate Incentives Program - extending the Agreement through 2013 program year
Approval of 2013 AEP Texas Central Memorandum of Understanding (MOU) Addendum for the SCORE/CitySmart Rebate Incentives Program - extending the Agreement through 2013 program year
8.
Constables:
A.
Constable Pct. #2:
1. Discussion, consideration and approval to appoint Victor Javier Rodriguez as Deputy Constable by Constable Martin Cantu, Constable Precinct 2 in accordance with Texas Local Government Code Section 86.011:
2. Discussion, consideration and approval to appoint Raul Eduardo Ayala & Jaime Gaitan as Reserve Deputy Constables, by Constable Martin Cantu, Constable Precinct 2 in accordance with Texas Local Government Code Section 86.012:
1. Discussion, consideration and approval to appoint Victor Javier Rodriguez as Deputy Constable by Constable Martin Cantu, Constable Precinct 2 in accordance with Texas Local Government Code Section 86.011:
2. Discussion, consideration and approval to appoint Raul Eduardo Ayala & Jaime Gaitan as Reserve Deputy Constables, by Constable Martin Cantu, Constable Precinct 2 in accordance with Texas Local Government Code Section 86.012:
B.
Constable Pct. #2:
Presentation and discussion of the 2012 Racial Profiling Report as presented by the Hidalgo County Constable Pct. 2 Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.
Presentation and discussion of the 2012 Racial Profiling Report as presented by the Hidalgo County Constable Pct. 2 Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.
C.
Constable Pct 4 (1100)
1. Approval of the following personnel actions:
2. Approval of the revised salary schedule.
1. Approval of the following personnel actions:
| Action | Slot # | Position | Budgeted Salary |
| Delete | 0020 | Deputy Constable (Step 1) | 39,140.00 |
| Create | 0021 | Sergeant (Step 1) | 47,359.00 |
2. Approval of the revised salary schedule.
9.
Justices of the Peace:
A.
J.P. Pct. 2, Pl. 1 - Bobby Contreras:
Pursuant to Texas Local Government Code section 157.903, requesting approval of indemnification in the amount of $734.00 for two (2) undeposited/unaccounted checks.
Pursuant to Texas Local Government Code section 157.903, requesting approval of indemnification in the amount of $734.00 for two (2) undeposited/unaccounted checks.
10.
Sheriff's Office:
A.
1. Authorization and approval to accept the Local Border Security Program FY 2013 Grant (LBSP-13).
2. Authorization for County Judge, as authorized official to sign grant award form.
3. Approval of certification of Revenues as certified by the County Auditor for the Local Border Security Program
FY 2013 (LBSP-13).
4. Approval to appropriate the budget for LBSP-13 grant award in the amount of $200,169.04.
2. Authorization for County Judge, as authorized official to sign grant award form.
3. Approval of certification of Revenues as certified by the County Auditor for the Local Border Security Program
FY 2013 (LBSP-13).
4. Approval to appropriate the budget for LBSP-13 grant award in the amount of $200,169.04.
B.
Approval to process the following Verizon & AT&T invoices as claims with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.
| Verizon | |||
| Account # | Telephone # | Billing Date | Amount |
| 10 5492 2826441184 06 | 956-973-1606-121018 | 11-16-2012 | $524.68 |
| 10 5492 2826441184 06 | 956-973-1606-121018 | 12-16-2012 | 229.53 |
| 10 5492 2826441184 06 | 956-973-1606-121018 | 01-16-2013 | 212.75 |
| 10 5492 2826441184 06 | 956-973-1606-121018 | 02-16-2013 | 212.71 |
| AT&T (Long Distance) | |||
| Invoice | Telephone # | Billing Date | Amount |
| 859834797 | 956-973-1606 | 2-16-2013 | $3.52 |
11.
Health & Human Services Department - Eddie Olivarez
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
B.
Discussion and approval of 1115 Waiver Documents and/or 1115 Waiver Plan
C.
Discussion and/or action on pending IGT transfer for Hidalgo Couny Fiscal Year 2011 as per the attached document prepared by the County Auditors office.
12.
Emergency Management - Oscar Montoya:
A.
Status update on the Irrigation Water Allotment.
13.
Urban County - Diana Serna:
A.
Requesting authorization for Hidalgo County Judge to sign the Grantee closeout certification for the Homeless Prevention and Rapid Re Housing Program (HPRP) under grant # S09-UY-480501.
B.
The Urban County Program on behalf of the City of Weslaco is requesting approval and award of best and final negotiated contract with Alcocer Garcia Associates, Inc. in the amount of $9,125.00 utilizing CDBG FY 24 (2011) Public Facility funds.
C.
Urban County Program, on behalf of the City of San Juan, is requesting consideration and action to award and enter into a construction contract with Castle Enterprises, LLC. for the Flood Drainage Improvements project in the amount of $229,973.00, utilizing funds from UCP Year 24 (2011), Urban County Flood Drainage Improvements line item.
D.
Request approval to declare and dispose of surplus property and clear inventory of missing property.
14.
Elections Administration - Yvonne Ramon:
A.
Discussion and approval of recommended changes to county election precinct boundaries under Article 3, Section 28 of the Texas Constitution and described in Texas Election Code 42.032 due to the redistricting by the City of Weslaco of their single member districts.
B.
Approval of Full Contract for Election Services between Hidalgo County and the McAllen Independent School District for their election to be held on May 11, 2013.
C.
Approval of the appointment of members to Hidalgo County Vote Centers Committee based on recommendations from Judge & Commissioners.
15.
Planning Department - Raul Sesin:
A.
Consideration and Possible Action to Approve an Order Confirming Cancellation of Valley Star Acres Subdivision - Pct. 4
16.
Precinct #1 - Comm. Cuellar:
A.
Pct. #1 (1200)
1. Approval of the following personnel actions:
2. Approval of interdepartmental transfer. 3. Approval of revised salary schedules.
1. Approval of the following personnel actions:
| Action | Pgm. | Slot No. | Position Title | Budgeted Salary |
| Delete | Administration | 0011 | Clerk IV | 36,565.00 |
| Create | Rd. Maintenance | 0135 | Truck Driver III | 36,565.00 |
2. Approval of interdepartmental transfer.
17.
Precinct #4 - Comm. J. Palacios:
A.
Pct. #4 (1200)
Approval of 2013 appropriation of funds into Pct.# 4 Rd. Maint. (Program 007 $155,400) and Pct.# 4 Adm. (program 005 $2,600) in the total amount of $158,000.00 to fund operating expenditures.
Approval of 2013 appropriation of funds into Pct.# 4 Rd. Maint. (Program 007 $155,400) and Pct.# 4 Adm. (program 005 $2,600) in the total amount of $158,000.00 to fund operating expenditures.
18.
Budget & Management - Sergio Cruz:
A.
1. Approval to issue check payable to Texas Department of Transportation Trust Fund for the local participation on Mile 2 West Road Project (CSJ:0921-02-170, etc.) in the amount of $762,737.00.
2. Approval of 2013 interfund transfer from 2009 Certificates of Obligation Fund (1339) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $98,070.64.
3. Approval of 2013 interfund transfer from 2009 B&C Certificates of Obligation Fund (1341) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $289,887.98.
4. Approval of 2013 interfund transfer from 2010 A&B Certificates of Obligation Fund (1342) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $224,444.58.
5. Approval of 2013 interdepartmental transfer from TxDot Drainage-FM2128 Fund (1315) to Pct #1 Tx Dot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $153,317.00.
2. Approval of 2013 interfund transfer from 2009 Certificates of Obligation Fund (1339) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $98,070.64.
3. Approval of 2013 interfund transfer from 2009 B&C Certificates of Obligation Fund (1341) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $289,887.98.
4. Approval of 2013 interfund transfer from 2010 A&B Certificates of Obligation Fund (1342) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $224,444.58.
5. Approval of 2013 interdepartmental transfer from TxDot Drainage-FM2128 Fund (1315) to Pct #1 Tx Dot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $153,317.00.
B.
Discussion, consideration, and action to discontinue employee payroll deductions for all Voluntary Insurance products no longer offered by the county.
C.
Budget Appropriations:
1.
Pct 1 BCAP Dimas 2 & 3 (1200):
Approval of 2013 appropriation of funds in the amount of $11,000.00 to fund Road & Drainage Construction contract and completion of project.
Approval of 2013 appropriation of funds in the amount of $11,000.00 to fund Road & Drainage Construction contract and completion of project.
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).
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.
a. Acceptance and approval of Supplemental Agreement No. 1 to the Professional Services Contract #C-10-062-02-16 with TEDSI Infrastructure (HCMDS Phase II J-09 Lateral Drain) in amending the contract and thus allowing to add Right Of Way Negotiation & Acquisition Services to said Exhibit B-Scope of Services to be provided by Engineer along with the addition of Valley Right Of Way Consulting Services, LL C as a Sub-Consultant; and,
b. Acceptance and approval of Work Authorization No. 1 Supplemental Agreement No. 4 in connection to Contract #C-10-062-02-16 with TEDSI Infrastructure so as to provide "Revisions to the Hydrologic & Hydraulics, Revisions to the PS&E, Revisions to the parcel surveys and M&B Descriptions, Right Of Way Negotiations & Acquisitions and construction Phase Services along with adding a sub-consultant (Valley Right Of Way Consulting Services, LLC)" as stated in the agreement document with an estimated amount of $292,736.62.
b. Acceptance and approval of Work Authorization No. 1 Supplemental Agreement No. 4 in connection to Contract #C-10-062-02-16 with TEDSI Infrastructure so as to provide "Revisions to the Hydrologic & Hydraulics, Revisions to the PS&E, Revisions to the parcel surveys and M&B Descriptions, Right Of Way Negotiations & Acquisitions and construction Phase Services along with adding a sub-consultant (Valley Right Of Way Consulting Services, LLC)" as stated in the agreement document with an estimated amount of $292,736.62.
4.
a. Information purposes only to Hidalgo County Commissioners Court (including Board of Directors of Hidalgo County Drainage District #1) and pursuant to TX LOC 116 Depository and Sub-Depository Notification of Acceptance Date for "Bank Depository Application(s)" on this date/today: March 12, 2013 at 10:00 a.m as authorized for advertising by CC - 1-22-2013 (AI#35757) and thereafter by Addendum #3 presented /approved to/by CC on (March 05, 2013 - AI #37307).
b. List of submitted Bank Applications:
b. List of submitted Bank Applications:
| 1. | 5. |
| 2. | 6. |
| 3. | 7. |
| 4. | 8. |
B.
Pct. 2
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;
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 professional engineering service providers for Thomas Road (Jackson-Stuart Project) located in Pct No. 2;
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 professional engineering service providers for Thomas Road (Jackson-Stuart Project) located in Pct No. 2;
| Evaluator | R. Gutierrez Engineering, Inc | SAM Engineering Inc., | Cruz-Hogan Consultants |
| Evaluator 1 | 96 | 92 | 91 |
| Ranking |
c. Authority for the Purchasing Department to negotiate a professional architectural services contract with the No. 1 ranked firm of __________________________ for the provision of professional engineering services for Thomas Road (Jackson-Stuart Project) Pct No. 2.
2.
Acceptance and approval to award the best valued proposal from job order contractor, Herrera & Hunt (awarded JOC through HCDE-Choice Facility Partners) in the amount of $65,469.08 for the installation of "Parking Lights to Parking Lot/Street in Lopezville Baseball Park Project located in Pct. #2 as reviewed and approved by project engineer, Raul Sesin, PE - #2013-099-OGG.
3.
a. Clarification of AI-34722 approved on 10/30/2012 to reflect the revised corrected amount, from $15,878.55 to $15,361.03 due to mathematical error on original request for Curb & Gutter improvements to Rodriquez Street in Lopezville Pct. #2 area through awarded contractor Herrera & Hunt (awarded JOC through HDDE-Choice Facility Partners).
b. Approval of Certificate of Substantial Completion and Change Request for quantitative decrease and adjustments of linear ft.
b. Approval of Certificate of Substantial Completion and Change Request for quantitative decrease and adjustments of linear ft.
C.
Pct. 3
1.
Acceptance and approval to execute a Professional Surveying Services (On an As Needed Basis) contract/agreement for the provision of surveying services for "Projects located within Hidalgo County Precinct No. 3 ," with RODS Surveying, as authorized & approved for negotiations by CC on 12/28/12.
D.
Colonia Access Program Pct. 1
1.
Acceptance, and approval of the following for C-CAP-12-112-12-28 Road & Drainage Construction for Dimas 2 & 3 Subdivisions (Pct 1) between Hidalgo County and Texas Cordia Construction, LLC as submitted through project engineer, TEDSI Infrastructure Group:
a. Final construction contract (CC awarded - 12-28-12) in the amount of $232,566.82;
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".
a. Final construction contract (CC awarded - 12-28-12) in the amount of $232,566.82;
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".
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 Hidalgo County vs Roberto Ysaguirre Jr.
D.
Claim of Hidalgo County vs Noe Vela-Castillo
E.
Civil Action No. 1:12-cv-12; Javier Hinojosa v. Jesse Lee Sandlin, et al
F.
CL-13-0827-F; Jose Alaniz and Rosalinda Alaniz v. County of Hidalgo
G.
EEOC Charge No. 451-2013-01317; Benito Gutierrez
H.
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Beer - Tax Abatement.
I.
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Shade - Tax Abatement.
21.
Open Session:
A.
Real Estate Acquisition and appropriation for same
B.
Pending and/or potential litigation
C.
Claim of Hidalgo County vs Roberto Ysaguirre Jr.
D.
Claim of Hidalgo vs Noe Vela-Castillo
E.
Civil Action No. 1:12-cv-12; Javier Hinojosa v. Jesse Lee Sandlin, et al
F.
CL-13-0827-F; Jose Alaniz and Rosalinda Alaniz v. County of Hidalgo
G.
EEOC Charge No. 451-2013-01317; Benito Gutierrez
H.
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Beer - Tax Abatement.
I.
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Shade - Tax Abatement.
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