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Agenda for CC - REGULAR

AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
April 15, 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.
Open Forum
 
6.
County Judge's Office:
 
A.
Approval of Proclamation declaring the month of April as Organ Donation Awareness month.
 
B.
Presentation by the Hidalgo County Commuter Rail District (HCCRD) on their annual report.
 
C.
1. Approval of the AICR Form as required by the Texas Homeland Security State Administrative Agency (THSSAA).

2. Authorization for County Judge to sign the AICR Form.
 
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
 
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.
Requesting approval to remodel Budget & Management Department Lobby Area at the Administration Building with authority to obtain necessary permits/documents and authorize Executive Officer to sign related documents.
 
D.
Right of Way - (Border Rd. Project - Pct. 2):
1.  Authorization for Valde Guerra, Executive Officer to sign IRS Form 8283 (Noncash Charitable Contributions) on behalf of the County in connection with land donation from Jose Becerra
2.  Authorization for Valde Guerra, Executive Officer to sign IRS Form 8283 (Noncash Charitable Contributions) on behalf of the County in connection with land donation from Franklin D. Pribble and Josephine Pribble
 
E.
Discussion and action on revision to the Exiting Elected Official Expenditure Policy
 
8.
Constables:
 
A.
Constable Pct. 3:
Discussion, consideration and approval to appoint Jose Guzman as Reserve Deputy Constable by Constable Lazaro Gallardo, Jr., Constable Precinct 3, in accordance with Texas Local Government Code Section 86.012.
 
B.
Constable Pct. 3 - LBSP (1284):
Authorization and approval to accept an extension for the 2013 Local Border Security Program (LBSP) grant through August 31, 2014. 
 
C.
Constable Pct. 3-LBSP (1284) :
1. Authorization and approval to accept additional funding of $29,000.00 for the Local Border Security Program FY 2014 (LBSP-14) Grant Award No: LBSP-14-0030.
2. Authorization for County Judge, as authorized official, to sign grant award form and related documents.
3. Authorization to pay overtime reimbursable under the grant terms and conditions.
4. Approval of Certification of Revenues, as certified by the County Auditor, for the Local Border Security Program FY2014 (LBSP-14)
5. Approval to appropriate funds for LBSP-14 in the amount of $29,000.00.
 
D.
Constable Pct. #4 - LBSP FY14 (1284):
1.  Authorization and approval to change the designation of grant officials on the Local Border Security Program FY2014 to assign Atanacio "J.R." Gaitan as Grant Performance Officer.

2. Authorization and approval for County Judge, as authorized official, to sign required documents.
 
E.
Constable Precinct No. 4:
1. Discussion, consideration, and approval to appoint the persons listed below as Deputy Constable by Constable Atanacio "J.R." Gaitan, Precinct 4 in accordance with Texas Local Government Code Section 86.011:
 
Michael E. Anzaldua Robert Lugo, Jr.
David Trinidad Sanchez Teodoro A. Lemus, Jr.
Raul A. Salinas David Garza, Jr.
Carlos Gonzalez, Jr. Albert Allen Collins
Joaquin Vasquez Romeo Pena, Jr.
Martin Bradley Brown Aaron L. Moreno
Armando Patlan Horaldo Sanchez

2. Discussion, consideration, and approval to appoint the person listed below as Reserve Deputy Constable by Constable Atanacio "J.R." Gaitan, Precinct 4 in accordance with Texas Local Government Code Section 86.012:
 
James Moon
 
9.
Sheriff's Office:
 
A.
Sheriff's Office - LBSP FY2014 (1284)

1. Authorization and approval to change the designation of grant officials on the Local Border Security Program FY2014 to assign Sheriff J.E. "Eddie Guerra" as Grant Performance Officer.

2. Authorization and approval for County Judge, as authorized official, to sign required documents.
 
B.
Sheriff's Office Grade & Step Pay Plan:
1. Discussion, consideration and approval to revise the Sheriff's Office Grade and Step Pay Plan to include the following personnel actions:

 Action
Current
Position Rank
Proposed
Position Rank
Current
G&S Salary
Proposed
G&S Salary
Salary Adjustment 
Chief Deputy
Chief Deputy
87,550.00
90,000.00

2.  Approval of revised Sheriff's Office Grade and Step Pay Plan.
 
10.
Human Resources - Esther Cortez:
 
A.
Sheriff's Office/ Jail (1100):
1.  Approval of the following personnel actions, effective 04/15/14:

Action Position Title Slot # Dept. # Current
Budgeted Salary
Proposed
Budget Salary
Delete Chief of Staff 0370 280-001 $ 77,250.00 -0-
Delete Administrative Assistant I 0389 280-002 $ 24,087.00 -0-
Create Chief Deputy 0417 280-001 -0- $ 90,000.00
Add Clothing Allowance Chief Deputy 0417 280-001 -0-      $ 500.00
Add Supplemental Pay Chief Deputy 0417 280-001 -0-   $ 1,800.00

2. Approval of interdepartmental transfer. 
3. Approval of revised salary schedule(s).
 
B.
Sheriff's Office (1100):
1. Approval of the following personnel actions, effective next full pay period, 04/21/2014:

Action Slot # Position Title Budgeted
Allowance Amount
Delete Clothing Allowance 0127 (Sr.) Deputy Sheriff (Step III) $ 500.00
Add Clothing Allowance 0128 Deputy Sheriff (Step II) $ 500.00

2. Approval of revised salary schedule.
 
11.
District Attorney's Office - Roy Cazares:
 
A.
District Attorney's Office - LEOSE (1220):
1.)  Approval of certification of revenues as certified by the County Auditor for the 2014 LEOSE allocation of the District Attorney's Office in the amount of $1,357.94.

2.) Approval of Budget Amendment to appropriate the 2014 LEOSE allocation from the State Comptroller in the amount of $1,357.94.
 
12.
Tax Office - Paul Villarreal:
 
A.
Discussion, consideration, and approval to execute an agreement between the County of Hidalgo and HEB Grocery Company, LP to act as an agent of the County in the issuance of Motor Vehicle License Renewal Stickers.
 
B.
Discussion, consideration, and approval to execute an agreement between the County of Hidalgo and Guzman Insurance Agency to act as a limited-service deputy authorized agent of the County in the issuance of Motor Vehicle License Renewal Stickers. 
 
13.
Health & Human Services Department - Eddie Olivarez
 
A.
Health Care Funding District:
 
1.
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures
 
B.
Indigent Health Care Program:
 
1.
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures
 
14.
Urban County - Diana Serna:
 
A.
The Urban County Program on behalf of the City of Palmview is requesting approval and award of best and final negotiated contract with SAMES, Inc. in the amount of $ 39,495.00 utilizing CDBG FY (2013) Street Improvements funds ( La Homa Road Bridge Project). 
 
B.
 Requesting Approval of the revised Urban County Program HOME - Community Housing Development Organization (CHDO) – Policies Manual and authorization to revise as necessary.
 
C.
The Urban County Program on behalf of the City of Edcouch is requesting approval and award of best and final negotiated contract with LAZCAMREA, LLC d/b/a Fulcrum Consulting Services in the amount of $15,000.00 utilizing CDBG FY 26 (2013) Street Improvements project.  
 
D.
Urban County Program, on behalf of Precinct No.1, is requesting approval of Amendment No. 2 to the existing contract agreement for appraisal services with Leonel Garza Jr. & Associates under the General Land Office (GLO) Contract No. 12-406-000-6453/DRS210068, Pct. 1 Delta Area Connector/ East Lateral Project. The amendment will increase the professional service contract amount from $102,000.00 to $104,000.00 for a total increase of $2,000.00.
 
E.
Approval of land acquisition of Parcels # 14,15,42,43, and 46 for the Delta Area Connector/East Lateral Project (GLO 12-406-000-6453/DRS 210068). 
 
15.
Elections Administration - Yvonne Ramon:
 
A.
Discussion and/or action, including but not limited to Elections updates.
 
B.
1. Discussion, consideration and approval of the May 27, 2014 Primary Runoff Election Early Voting poll locations.
2. Discussion, consideration and approval of the May 27, 2014 Primary Runoff Election Early Voting Mobile Unit sites
 
C.
1. Appointment of the Early Voting Ballot Board for the May 27, 2014 Primary Runoff Election.
2. Appointment of the Central Counting Station for the May 27, 2014 Primary Runoff Election.
 
16.
Planning Department - Raul Sesin:
 
A.
1. Reimbursement of Financial Guarantee
a. Concho Heights Unit 2 – Pct. 4 (Concho Heights, LP)
b. Ranchitos Escondidos Phase I – Pct. 4 (CWL Limited)
 
17.
Precinct #2 - Comm. H. Palacios:
 
A.
Appointment of member to the Hidalgo County Commuter Rail District (HCCRD). 
 
18.
Precinct #3 - Comm. Flores:
 
A.
Appointment of member to the Hidalgo County Commuter Rail District (HCCRD).
 
19.
Precinct #4 - Comm. J. Palacios:
 
A.
Requesting approval for payment for inv. no: 3006-14 in the amount of $2,025.60 submitted by Mata-Garcia Architects, LLC in connection to the Hidalgo County Urban County Program- Sunflower Park project.
 
20.
HIDTA - Task Force - Dora Munoz:
 
A.
1. Requesting to remove the following assets from the Fixed Asset Inventory:
Asset No. Description Serial No.
53597 Mobile Radio 5300 5318J1011C10597 
53598 Mobile Radio 5300 5318J0911T10447 
53599 Portable Radio 5100  5110G2908C63089 
53600 Portable Radio 5100 5110G2808C62454 
53601 Portable Radio 5100 5100G2808C62409 
53602 Portable Radio 5100 5110G2908C63126 
53603 Portable Radio 5100 5100G2908C63132 
50998 Mobile Radio 5300 5326J3309T-79724
50999 Mobile Radio 5300 5326J3309T-79742
51000 Mobile Radio5300 5326J3209T-79251
51001 Mobile Radio 5300 5326J3209T-79248
51002 Mobile Radio 5300  5326J3309T-79734
51003  Mobile Radio 5300  5326J3309T-79719
51004  Mobile Radio 5300  5326J3309T-79733
 51006  Mobile Radio 5300  5326J3209T-79246
 51008  Portable Radio 5100  5119G4308T-84921
 51009  Portable Radio 5100  5110G3408T-72233
 51010  Portable Radio 5100  5110G3308T-70240
 51011  Portable Radio 5100  5110G0109C-92983
 51012  Portable Radio 5100  5100G3408T-71767

2.  Authorization and approval to accept the Memorandum of Understanding between the Hidalgo County HIDTA Task Force and the Starr County HIDTA Task Force.
 
21.
Budget & Management - Sergio Cruz:
 
A.
Budget Appropriations:
 
1.
Sheriff Office (1100):
A. Approval of Certification of Revenue by County Auditor for the Sheriff.
B. Approval of 2014 appropriation of funds for Sheriff in the amount of $6,766.11 to fund the purchase of a replacement vehicle.
 
2.
Tax Office Special Vehicle Inventory (1246):
Approval of 2014 appropriation of funds in the amount of $52,764.91 for Tax Office Special Vehicle Inventory to fund various operating expenditures. 
 
3.
County Clerk's Record Archive (1100): Approval of 2014 appropriation of funds in the amount of $54,960.00.
 
22.
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.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, 262.024 (a) (4): a professional service;

2.  Acceptance and Approval to enter into contract through (a letter of engagement) with the Law Firm of Best Best & Krieger LLP, to assist Hidalgo County as legal counsel in connection with the reconfiguration of Hidalgo County's 800 MHz Safety Radio System as ordered by the US Federal Communication Commission (FCC) with review and approval as to form by Asst. DA, Hon. Victor Garza.
 
B.
1. Discussion and consideration to rescind action taken by HCCC on 04-02-14 on Agenda Item 20.A.1-AI-43662 with roster of 10 grading members, plus Exec. Ofc. & Purchasing Agent as non-graders attached herein; and, if approved;

2. Action to re-designate/appoint a committee to evaluate/grade and score the proposals received by Hidalgo County on 03-19-14 for RFP No. 2014-061-03-19-YZV "Financial Advisory Services", as detailed in procurement packet.
 
C.
Pct. 1
 
1.
Acceptance and approval of professional service agreement #C-14-099-04-15 with Harvey L. Heerssen d/b/a HLH Appraisal Services for the purposes of "Review of Appraisal Services" (on an as needed basis) for projects located within Hidalgo County Precinct No. 1 authorized for negotiations by CC on 03/18/14.
 
2.
Constable:
Acceptance and approval for County to pay the outstanding balance as submitted by Reliant and referenced on Invoice Number #122-003-595-617-9 in the amount of $2,099.54 from 10/01/13 to 12/11/13  and thereafter pursuant to Article Section 9.7.1 of the AIA Contract with Holchmont (Contract #C-12-028-07-24-Construction Of A New Constable Building Precinct One) thus allowing County to deduct the outstanding amount from the retainage still owed to the general contractor, "Holchmont, LTD" and avoid the possibility of services to be terminated by Reliant due to the outstanding balance.
 
D.
Pct. 2
 
1.
A. Recommendation by project engineer Raul Sesin, P.E., Hidalgo County Planning Dept., to award the project -Hidalgo County Precinct No. 2 -"Gearhart Drive Paving and Drainage Improvements"-RFB No. 2014-078-04-02-MSS." to the lowest bidder meeting all specifications, Rojas Heavy Equipment, LLC dba Rojas Construction & Paving, in the total amount of $185,675.92 (base bid and Alternates 1 and 2).

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 (historically Raul Sesin unless otherwise voice by Comm.) to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
 
2.
Approval of the following requisitions listed for operating expenditures exceeding $1,500:
Program  Requisition No. Vendor  Amount Item 
Road Maintenance  254910  Doggett Freightliner of South Texas, LLC  $1,537.51  Parts for Unit# 51 
Road Maintenance 255197 H&V Equipment  $11,658.49  Parts for Unit# 63 
Sanitation  254918  Fleetpride  $1,859.82  Parts for Unit# 55 
 
E.
Pct. 4
 
1.
Requesting approval of a professional appraisal services agreement with LEONEL GARZA, JR. & ASSOCIATES, LLC for the purposes of appraisal services for: The Fair Market Value Appraisals in connection with the Acquisition of Land, Rights of Way, Easements, Condemnations and Disposition of County owned Property located within Hidalgo County Precinct No. 4 (on an as needed basis) and as selected for negotiations by CC from the "POOL" of Appraisers by CC on 03/05/14. 
 
F.
Sheriff's Office
 
1.
A. Presentation of the  scoring/evaluation grid  (for purpose of CC determination as "Qualified" so as to proceed with next step of the procurement process) of the sole response received from Dr. Marin Garza, MD (as detailed in documentation attached herein) for: Professional Physician Services for Inmates for Hidalgo County Sheriff's Office- RFQ 2014-009-03-26-YZV.

B. Authority for Purchasing Department and/or other County Staff to negotiate a professional services contract with the qualified participant                                    for the provision of "Professional Physician Services for Inmates" for Hidalgo County Sheriff's Office.
 
2.
A.   Requesting exemption from competitive bidding requirements, Texas Local Gov. Code, 262.024(a)(7)(A)(D)-'an item that can be obtained from only one source', 'items for which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies', 'captive replacement parts or components for equipment';

B.  Acceptance and approval of a "Sole Source Declaration" with L-3 Communications Mobile-Vision for the purchase of products and services commencing with requisition #250088-$1,500.00 for repairs of video system in Sheriff's Office Patrol Units thereafter remain in effect unless revoked by Hidalgo County Commissioners Court.
 
23.
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 Concepcion Cuellar and Norma Gomez, Ind. and as Reps. of the Estate of Brenda Gomez-Cuellar (deceased)
 
D.
Claim of Leonard Ozuna
 
E.
Claim of Graciela Ozuna
 
F.
Irasema Gonzalez et al vs Hidalgo County
 
24.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Pending and/or potential litigation
 
C.
Claim of Concepcion Cuellar and Norma Gomez, Ind. and as Reps. of the Estate of Brenda Gomez-Cuellar (deceased)
 
D.
Claim of Leonard Ozuna
 
E.
Claim of Graciela Ozuna
 
F.
Irasema Gonzalez et al vs Hidalgo County
 
25.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
26.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
27.
Adjourn