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Agenda for CC REGULAR

AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
February 18, 2014
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.
County Judge's Office:
 
A.
Resolution in Honor of the Mission High School FFA Parliamentary Procedure Team for Winning the Silver Medal Emblem Award at the 86th Annual National FFA Convention
 
B.
1.  Approval of appointment of interns from Business, Education, and Technology Academy in Edinburg:
Valeria Fernanda Sanches - Marentes
Samantha A. Mendoza
2.  Authorization for County Judge to sign Affilliation Agreement for Internship-Preceptorship Program
 
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" 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 other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting
 
C.
1. Approval to accept settlement agreement from State Farm Insurance Company in the amount of $6,766.11 to settle total loss auto accident with County vehicle. (Sheriff Office)

2. Approval to authorize Valde Guerra, Commissioners' Court Executive Officer, to sign Power of Attorney forms for title purposes to settle total loss auto claim with State Farm Insurance Company.
 
D.
Acceptance of settlement check in the amount of $4,106.28 in connection with Subrogation Claim Against Noe Vela Castillo
 
E.
Requesting approval to authorize/appoint Luciano Garza as volunteer intern
 
7.
Constables:
 
A.
Constable Pct. #3
Requesting approval and authorization to submit the Chapter 59 Asset Forfeiture Report for FY2013 as required by the Texas Attorney General.
 
B.
Constable Pct. 3:
Requesting authorization for the County Judge to execute the FY 2013 Equitable Sharing Agreement and Certification Report - Hidalgo County Constable Precinct 3
 
C.
CONSTABLE PCT 4:

Requesting approval to process the following invoices as claims with authority for the County Treasurer to issue payment after review, audit and processing procedures are completed by the County Auditor: 
 
Vendor Invoice No. Date Invoice Amount
Lexis Nexis 12802H-20131130 11/30/2013 $174.00
Lexis Nexis 12802H-20131231 12/31/2013 $174.00
 
 
8.
Human Resources - Esther Cortez:
 
A.
Sheriff's Office- Jail Commissary (2102):
1. Approval to create one (1) new full time position as follows:

Action Dept/Program Slot# Position Title Proposed Budgeted Salary
Create 280-015 014 Clerk III $26,014.00

2. Approval of revised salary schedule.
 
B.
District Clerk (1100):
1. Approval of the following personnel actions:

Action Slot
No.
Position Title Proposed/
Budgeted Salary
Delete 0007 Accountant III $47,703.00
Create 0078 Deputy District Clerk Supervisor $39,108.00

2. Approval of revised salary schedule.
 
C.
Budget and Management (1100):
1. Approval of the following personnel actions:

Action Dept/Program Slot No. Position Title Proposed /
Budgeted Salary
Delete 115-001 0012 Comm Court Agenda Coord $40,898.00
Create 115-001 0032 Administrative Assistant I $24,929.00

2. Approval of revised salary schedule.
 
9.
Sheriff's Office:
 
A.
Requesting approval to process invoice# 0174 for Coronado Wrecking Storage in the amount of $300.00 as a claim with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.
 
10.
Tax Office - Paul Villarreal:
 
A.
Discussion, consideration, and approval to execute an inter-local agreement between the County of Hidalgo and the City of Progreso for Scofflaw vehicle registration denial services.
 
B.
Presentation for consideraton, discussion and approval of  Amendment One to Lease Between the County of Hidalgo and the State of Texas Registration and Title Systems (RTS) information Resources and Support to include the use of Remote Sticker Printing Systems (RSPS) to reflect equipment at the Tax Office located in the new Administration Building in Edinburg.
Requisition# 251408.
 
C.
Prensentation for discussion, consideration, and approval of a new Car Dealer Agreement between Hidalgo County and Penske Automotive Group (PAG McAllen T1, LLC dba Frank Smith Toyota and PAG McAllen H1, LLC dba Frank Smith Hyundai).  Dealer desires to act as an agent of the Tax Assessor Collector in the issuance of motor vehicle license registration stickers and license plates.
 
11.
Health & Human Services Department - Eddie Olivarez
 
A.
Requesting approval of the Interlocal Cooperation Agreement between City of McAllen and Hidalgo County. (The purpose of the Agreement is to provide the South Texas Hurricane conference for personnel who respond and provide services in cases of emergencies involving hurricanes and other potential public calamities.)
 
B.
Approval of "Summary of our Business Ethics Program Compliance Policy Manual" between Mission Hospital, Inc. and Hidalgo County.
 
C.
Approval to pay claim to Mid Valley Cemetery Inc, Invoice #18 in the amount of $1,600.00 for date of service 1/15/14.
 
D.
Health Care Funding District:
 
1.
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures
 
E.
Indigent Health Care Program:
 
1.
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures
 
12.
Fire Marshal's Office - Juan Martinez:
 
A.
Requesting permission to allow Fire Marshal Juan Martinez to attend the 2014 International Training Conference for Fire & Arson Investigators in Las Vegas, Nevada on April 13-18, 2014. Meals-Requisition#251341 Airfare-Requisition#251312 Registration-Requisition#251317 Hotel-Requisition#251298
 
13.
Urban County - Diana Serna:
 
A.
Requesting approval of a program amendment for Hidalgo County Urban County Program for the City of Alton, the proposed program amendment is for the Fiscal Years 22, 23, 24 & 25 (2009, 2010, 2011, 2012) work plans. The Program Amendment will create a Fire Station/Equipment line item to allow for purchase of equipment for the Alton Fire Department.
 
B.
1. Requesting acceptance and approval of Work Authorization No. 1 through agreement # C-13-243-08-27 (with an estimated cost of $3,548.00) as submitted by Millennium Engineers Group Inc. for Geotechnical Engineering Services for Old La Blanca Road (from Mile 9 Road to Mile 10 Road), utilizing CDBG FY 26 (2013) Pct. 1 Street Improvements funds.

2. Requesting acceptance and approval of Work Authorization No. 2 through agreement # C-13-243-08-27 (with an estimated cost of $7,185.50) as submitted by Millennium Engineers Group Inc. for construction material testing for Victoria Road (from W. Business 83 to Stites Road), utilizing CDBG FY's 23 & 25 (2010 & 2012) Pct. 1 Street Improvements funds.
 
C.
Urban County Program on behalf of the City of Weslaco is requesting approval of Amendment No. 1 to the existing contract agreement for professional engineering services with LeFevre Environmental & Management Consulting, LLC. The amendment will modify the plans and specifications to meet the request of the Hidalgo Cameron County Water District No. 9, by realigning the proposed recycle line to run parallel to an existing recycle line and within the proposed 10 ft. utility easement. The fee will increase by $7,460.00 for the Water/Sewer Improvements project for FY's 24 & 25 (2011 & 2012).  
 
14.
Precinct #2 - Comm. H. Palacios:
 
A.
Requesting acceptance and approval of Work Authorization No.9 (with an estimated cost of $11,378.00) as submitted by Millennium Engineers Group, Inc., Contract #C-13-185-06-18, for Construction Materials Engineering Services for Hidalgo County Precinct No. 2, Equipment Compound and Maintenance Facility project (building).
 
15.
Precinct #4 - Comm. J. Palacios:
 
A.
Right of Way:
Approval of land acquisition from Arturo & Phyllis Rodriguez - Alberta Drain, Parcel 2
 
B.
Requesting approval to process the following invoice as a claim with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by County Auditor.

Vendor Invoice No. Amount
Anrige, Inc 01-143247 $630.00
 
16.
Budget & Management - Sergio Cruz:
 
A.
Discussion, consideration and approval to submit the Texas VINE Reimbursement Maintenance Invoice in the amount of $6,928.83 (Second Qtr) and the Texas Statewide Automated Victim Notification Service (SAVNS) County Verification of Continuing Production Record with authority for County Judge to sign the required documents.
 
B.
Budget Appropriations:
 
1.
Pct. #1 R&B (1200): 
Approval of 2014 appropriation of funds into Precinct No.1 Road Maintenance (program 005) in the amount of $35,935.43.
 
17.
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.
Requesting authority to publish an RFQ/P for a consultant for the procurement and purchase of electric energy provider for Hidalgo County when current agreement (through GLO's awarded provider, Reliant Energy) expires in 2015 with approval of procurement packet drafted by Purchasing (sent to V. Guerra/S. Cruz/J. Longoria for review and comment).
 
2.
Appointment and/or designation by Commissioner's Court to select/assign an evaluation committee to evaluate and score the request for proposals received for the  RFP No.: 2014-028-02-12-CGA-Placement, Housing, Detention and Supervision of Hidalgo County Inmates".
 
3.
Options for the procurement of publishing statutory and non-statutory advertisements:

A.  Pursuant to AG-Opinion JC-0223, discussion and action for HCCC to define the term "newspaper of general circulation" as contained in the Texas Government Code statute 2051.044 more specifically to mean:
     a.  A newspaper that reaches all areas of Hidalgo County?  YES ___;  NO ___
     b.  A newspaper that publishes everyday so as to accommodate publication of Public Hearings (as statutes require CC) to encourage public involvement and also meet deadlines such as 14 days prior to said public hearings?  YES __ ; NO ___
     c.  A newspaper that publishes on weekends to attempt to reach as many readers/residents/vendors/etc. to comply with statutory obligation to encourage competition in the procurement process.  This requirement will also resolve those individuals that do not have internet or television exposure;  YES ___;  NO ___
    d.  A newspaper that has web-page access on a continuous basis;  YES ____;  NO ____

B.  If Item A approved as to definition of a "newspaper of general circulation", requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter/Section 262.024(a)(7), "an item that can be obtained from only one source" as various/numerous State/Local Statutes, Administrative, Election, Family, Tax Codes, Etc. (i.e. Tx. Gov't. Code 2051, Tx. Local Gov't. Code 262.055, Tx. Admin. Code. etc.) and all Other Applicable Laws that dictate publication in a a newspaper;

C.  Requesting a "Sole Source Declaration" for The Monitor for the publication of statutory ads and/or notices qualifying under HCCC definition as a "newspaper of general circulation" and assigned NIGP commodity code #915-02;

D.  Authority to purchase ad and/or notice space from The Monitor (through the requisition and Purchase Order established protocol) for as long as The Monitor continues as said Sole Source Provider;

E.  Authority to solicit sealed quotes (on a 12 month basis as it appears that the $50K threshold will not be exceeded for NIGP commodity code 915-71-Advertising) for the publication of all non-statutory newspaper ads or notices for Hidalgo County in a newspaper that qualifies under Tx. Gov't. Code 2051.044 (& not containing HCCC definition) with Purchasing to develop and draft specifications.
 
4.
A.  Requesting exemption from competitive procurement requirements under Tx Local Gov't Code, Ch/Sect, 262.024(a)(4), a professional service;

B.  Acceptance and approval of a letter of engagement with the Espinoza Law Firm for the provision of legal services for the Hidalgo County Civil Service Commission with a term of two (2) years with Hidalgo County's sole option to renew/extend for an additional two (2), one (1) year terms under the same rates, terms and conditions.
 
B.
Pct. #2
 
1.
Consideration and approval of Interlocal Cooperation Agreement between Hidalgo County and Hidalgo County Drainage District No.1 for the purchase and authorized transfer and inclusion of an asset, an Excavator (2004 Volvo EC 330 Short Boom Excavator) to Hidalgo County Precinct No.2 inventory in the amount of $47,996.80.
 
C.
Precinct #4:
 
1.
a. Acceptance and approval of Amendment No.1 to WA#1 (to clarify and correct Exhibit B-Scopes of Services, Task 2 No. 2-will not have a sub-consultant for this project and correction to the Work Schedule with correct timeline) in connection to Agreement (C-13-132-06-25) with LeFevre Engineering & Management Consulting, LLC for the purposes of "job specific" PROJECT: Sunflower Road Park Project Ph I located within Hidalgo County Precinct No. 4.

b. Acceptance and approval of Amendment No.1 to WA#1 (to clarify and correct Exhibit D-Cost Proposal and to engage Rio Delta Surveying for sub-consulting services under Article 14 in connection to Agreement (C-13-132-06-25) with Perez Consulting Engineer, LLC for the purposes of "job specific" PROJECT: Curry Estates Drainage Improvements, located within Hidalgo County Precinct No. 4.
 
18.
Open Forum
 
19.
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.
CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al
 
D.
Claim of Diana Clark
 
E.
Claim of Rene Rios
 
F.
Claim of Clarissa Ruiz
 
20.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Pending and/or potential litigation
 
C.
CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al
 
D.
Claim of Diana Clark
 
E.
Claim of Rene Rios
 
F.
Claim of Clarissa Ruiz
 
21.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
22.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
23.
Adjourn