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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
February 3, 2009
1:30 P.M.

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held in the Commissioners' Courtroom of the Administration Building, 100 E. Cano, 1st floor, 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.
Commissioners' Court 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"
 
B.
Approval of 457 Plan withdrawal requests due to hardship for Employees #010456, #219308, #102717 & 026689
 
C.
Safety Division:
1. Discussion and action to authorize Sergio Reyes, Safety Officer, to sign for and submit the 2008 Texas Tier Two Report.
2. Discussion and action to authorize the Auditor's Department to prepare and issue a manual check in the amount of $50.00 made payable to: Tier Two Chemical Reporting Program - ZZ109-180 from account no. 9-1100-419-50-115-059-0-810.
 
D.
Discussion and action regarding the rescheduling of the February 10, 2009 Court meeting due to court members absence while traveling to Austin.
 
E.
Discussion, consideration, and action regarding the allocation of Certificates of Obligation, Series 2009 proceeds among various County projects.
 
7.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
B.
Requesting authorization to accept the equipment donation from Texas Association of Local Health Officials to the Health and Human Services for a Polycom V700 Serial #82082007ECF3CD to be used for video conferencing.
 
C.
1.  Presentation for discussion, consideration and approval of  FY2008 claim from Memorial Funeral Home in the amount of $8,525.00 for funeral and burial services rendered for pauper funeral & burial services with authority for auditor to issue payment after review, audit and processing procedures are completed.

2.  Presentation for discussion, consideration and approval of FY2009 claim from Memorial Funeral Home in the amount of $2,125.00 for funeral and burial services rendered for pauper funeral & burial services with authroity for auditor to issue payment after review, audit and processing procedures are completed.
 
8.
Emergency Services Division - Tony Pena:
 
A.
Requesting approval for the 2009 Membership Dues for A. A. "Tony" Pena, Jr., Emergency Management Coordinator/Fire Marshal to the Emergency Management Association of Texas in the amount of $100.00.
 
9.
J.P. Pct. 4/2 - Mary Alice Palacios:
 
A.
Pursuant to Hidalgo County Telephone Policy, presentation for consideration, acceptance and approval of Cellular Request Form (for deletion of service) for the following elected official(s), department head(s), program director(s) and employee(s):

Department Name: Name of Employee: Plan: Equipment Type:
JP 4 Pl 2 Judge Mary Alice Palacios BE 1000 IC 502
 
10.
Urban County - Diana Serna:
 
A.
The Urban County Program is requesting approval to enter into a 60-month lease agreement on a postage meter with Pitney Bowes an awarded vendor through TXMAS BuyBoard contract 5-36070 in the amount of $83.00/month.  The lease includes the re-set, (EMA) Maintenance, rates for scale, confirmation services that save on certified / overnight & second days.
 
B.
The Urban County Program is requesting approval to purchase Fire Fighting equipment from Mobile Relays in the amount of $6,857.40 for the Fire Station/Equipment Project in the City of Edcouch utilizing Year 21 (2008) funds.
 
C.
The Urban County Program is requesting the award of bids and approval of contracts for the demolition and reconstruction of the following:

1. (1) Unit in the City of Elsa in the amount of $37,440.00 & (1) Unit in the Countywide area in the amount of   $37,440.00 to G & G Construction.
2. (1) Unit in the City of San Juan in the amount of $47,900.00 & (1) Unit in the Countywide area in the amount of $47,900.00 to Rolando General Construction.
3. (1) Unit in the Countywide in the amount of $ 37,000.00 to GMH Construction.
 
11.
Office of the County Judge:
 
A.
Discussion and appropriate action regarding Hidalgo County's Legislative Agenda for the 81st Session of the Texas Legislature and other legislative issues affecting Hidalgo County
 
12.
Planning Department - Raul Sesin:
 
A.
1. Preliminary Approval of Subdivision Plat 
    a.  La Frontera Estates Phase III – Pct. 1 (Allen Cohrs)

2. Final Approval of Subdivision Plats
    a.  Johnson Estates Subdivision – Pct. 1 (Glenn Johnson)
    b.  North San Carlos Phase 2 Subdivision – Pct. 4 (Juan Molina)
    c.  Rivera Estates Subdivision – Pct. 3 (Ruben Rivera)
 
13.
County Treasurer - Norma Garcia:
 
A.
Approval to remove the following fixed asset from inventory list:
 -One (1) FOSA AP6320TM laptop Hidalgo County Asset Tag Number 3245
 
14.
Right of Way - Joe Pena:
 
A.
Authorization for consideration, action and/or approval to temporarily close Minnesota Road approximately 1831.07 feet from 91/2 Mile Line to Canal - A third-class road as per Section 251.010 of the Transportation Code.
 
B.
Authorization for County Judge to execute Earnest Money Contract for a 47.66 acre tract of land out of Lot 14 R. B. Curry Survey No. 4 Subdivision for the San Carlos Drainage Improvement Project with authority for County Auditor to review and complete processing procedures and for County Treasurer to issue manual check.
 
C.
Consideration and approval to purchase easement on a certain tract of land described as Parcel #1- Kaylen Heights Subdivision for the San Carlos Drainage Improvement Project.
 
D.
1. Consideration and approval to purchase a certain tract of land described 2.4 acres of land out of Block 200 La Blanca Tract of the Llano Grande Grant for the San Carlos Drainage Improvement Project - Elva & Fred Villarreal.

2. Consideration and approval to purchase a certain tract of land described as Holding Pond # 1 being an 18.76 acre tract of land out of Lot 15 Section 260 Texas Mexican Railway Company's Survey for the San Carlos Drainage Improvement Project - Rolando R. Guerra.
 
E.
Authorization to enter in an Interlocal Agreement with the City of Alamo and the County of Hidalgo for the Tower Road Project.  Project Limits:  Tower Rd from FM 495 to Expressway 83 and Business 83 to Moore Road, sections of which are within the city limits of Alamo.
 
15.
Tax Office - Armando Barrera:
 
A.
Pursuant to Hidalgo County Cellular Telephone Policy, presentation for consideration, acceptance and approval of Cellular Request Form (for deletion of service) for the following elected official(s), department head(s), program director(s) and employee(s):

Department Name: Name of Employee: Plan: Equipment Type:
Tax Office David Juarez BE 1000 IC 502
 
16.
Budget & Management - Raul Silguero Jr.:
 
A.
449th District Court:
1. Approval to adjust the budgeted salary for the following positions as requested by new District Court Judge, effective next full pay period of 02/16/09. 
                       
Slot No.
Position Title
Current Budgeted Salary
Proposed Budgeted Salary
0004
Baliff/ Interpreter
$41,467.00
$46,000.00
0005
Asst. Court Coordinator
$44,100.00
$45,000.00

2.  Approval of revised salary schedule.
 
B.
Co. Clerk:
1. Approval of title change for slot 0007 from Deputy Clerk to Public Information Officer with no salary change.
2. Approval of Revised Salary Schedule
 
C.
Approval to rescind action taken on 1/6/09 (AI #13151) in reference to the creation/transfer of four (4) positions from Pct. #3  
 
D.
Interdepartmental transfers:
 
1.
Pct. No. 1 CRC (1100):
Approval of 2009 interdepartmental transfer from Countywide Administration - Contingency to Precinct No. 1 CRC in the amount of $81,074.44 to fund salaries, fringes, and operating expenditures.
 
2.
Co. Wide Administration - Contingency (1100):
Approval of 2009 interdeparmental transfer within the Countywide Adminstration account, from program #076 to program #002, in the amount of $50,000.00.
 
3.
Jail/Co. Wide Contingency (1100):
Approval of 2008 interdepartmental transfer from Jail to Countywide Administration - Contingency in the amount of $400,000.00 to fund year end expenditures.
 
4.
Pct. #4 Paved/Unpaved (1204):
Approval of 2009 interdepartmental transfer within Pct. #4 (prog. 007) into Drain Improvement Project (prog. 036) in the amount of $50,000.00 to help fund the purchase of land needed for the drain project.
 
5.
Co. Wide Contingency/Various Departments (1100):
Approval of 2008 interdepartmental transfer from Countywide Administration - Contingency to Various Depts. in the amount of $79,304.49 for year end expenditures.
 
E.
Interfund transfers:
 
1.
Constable Pct. 3 (1285)/Co. Wide Contingency (1100):
Approval of deobligation of funds from the Constable Pct. 3 STOP Truancy grant for fiscal year 2008 due to grant being closed (excess cash match) with authority to appropriate into Countywide Adminstration - Contingency in the amount of $951.57.
 
2.
Pct. #4 Drain Improvement Project (1204):
Approval of 2009 interfund transfer from the Right of Way Department (1200) to Precinct 4 Drain Improvement Proj. (1204) in the amount of $200,000.00 for the purchase of additional land needed for the drainage project.
 
F.
Budget Appropriations:
 
1.
Election Dept (1100):
Approval to appropriate 2008 revenues and expenditures for the Elections Dept. in the amount of $565.00 in accordance with the Texas  Election Code Section 13.121 and the Voter Registration Postage Report as  submitted by the Secretary of State.
 
2.
CO's 2006 Elections:
Approval of 2009 appropriation of funds for the "Retrofit to Mechanic Shop Project 08-300" in the amount of $4,690.00 to fund data cable drops at the Roberts Chevrolet building.
 
3.
Pct. #3 Parks (1213):
Requesting approval of 2009 appropriation of funds into Parks Pct #3 Pavillion-Bldg Project in the amount of $257,500.00.
 
4.
Pct. #2 R & B Drainage Imp. Proj. (1202)
Approval of 2009 appropriation of funds for Pct. #2 R&B Drainage Improvement Project in the amount of $141,803.18 for purchase of a mid-size loader.
 
17.
Purchasing Department - Marty Salazar:
NOTES:  
1.  FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES  OF THE CONTRACT(S) WILL BE FORWARDED TO HIDALGO COUNTY AUDITOR'S OFFICE.
2.  ANY/ALL REQUESTS FOR ACCEPTANCE AND APPROVAL OF CLAIMS/INVOICES UNDER THIS AGENDA WILL INCLUDE AUTHORITY FOR AUDITOR TO ISSUE PAYMENT AFTER REVIEW, AUDIT AND PROCESSING PROCEDURES ARE COMPLETED 
 
A.
Hidalgo County
 
1.
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.
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
 
4.
Requesting authority to advertise a request for bids with approval of procurement packet (i.e. legal notice, specifications and draft contract document) as attached hereto for: "EN-1 Road Stabilizer" for Hidalgo County ". (Bid No.: 2009-018).
 
5.
Presentation for discussion, consideration and approval to utilize the following cooperative purchasing vendor, for purchases on an "AS NEEDED BASIS" through our membership/participation with Texas Procurement and Support Services (TPASS) awarded pricing including, but not limited to, Precincts, Department, Programs, Agencies, etc.:
Department of Information Resources
Vendor
Contract Description
Contract #
SHI Government
Computers, Components, Peripherals & Software
DIR-SDD-223

Beta Technology, Inc.
Food Service, Hospitality, Cleaning Equipment and Supplies, Chemicals and Services
TXMAS 5-73050
with term of authority to purchase from contracts detailed herein commencing upon approval and expiring December 31, 2009.
 
6.
Requesting authority to advertise and approval of Procurement Packet (i.e. legal notice, specifications-requirements, draft contract, etc.) as attached hereto for "Purchase of Welding Supplies and Related Services" (Bid No. 2009-016 MEG)
 
7.
Presentation for discussion, consideration and action to exercise the County's option to renew/extend for an additional one (1) year period for: C-06-272-10-10-Siesta Village, as provided in the current contract agreement (under same rates, terms and conditions) with renewal/extension date effective February 24, 2009.
 
8.
A.   Presentation for consideration and acceptance of "Pool" (as listed on the RFQ Acceptance Sheet attached hereto) of pre-qualified firms submitting Statements of Qualifications for ranking on an "As Needed Basis" per project by all County Departments and/or applicable Programs requiring said services as set forth in the requirements stated in the County's Request for Qualifications packet for the following listed Professional Services:
1.  "Engineering Services" - (RFQ No. 2009-028-01-14-MSS)
2.  "Architectural Services" - (RFQ No. 2009-027-01-14-LRM)
3.  "Construction Materials Testing Services" - (RFQ No. 2009-032-01-14-YSI)
4.  "Real Estate Appraisers" – (RFQ No. 2009-029-01-14-OTM)
5.  "Surveyor Services" – (RFQ No. 2009-030-01-14-OTM) 
and, if necessary;

B.   Authority to re-advertise any of the above captioned professional services for the purpose of expansion of said "pools".
 
B.
County Judge's Office
 
1.
A. Presentation  of scoring grid for the purposes of ranking by CC in connection with responses received for RFP/Q NO: 2008-409-11-05-VYG-Hidalgo County Professional Consultant Services For Asset Mapping And Strategic Planning To Guide Economic Development" in order to proceed forward with the next phase of the proposal process;

B. Requesting authority for Purchasing Department to enter into negotiations with number one ranked proposer  in order to finalize a contract for the provision of professional consultant services for asset mapping and strtegic planning consideration and award.
 
C.
Pct. 1
 
1.
A.  Presentation for discussion, consideration, acceptance, and approval of Invoice No. 01.08 VV in the total amount of $11,100.00 from DOS LAND SURVEYING, LLC contracted surveyor for the ""ON-CALL VARIOUS ROAD and BRIDGE and C.I.P. Projects" for (Surveying Assessement of approximately 1.0 Mile of Valley View Road from US Highway 281 (Military Hwy) North to Anaya Road within Hidalgo County Precinct No. 1.  for Hidalgo County Precinct No. 1 and in connection to (Contract No. C-08-225-09-09). 

B. Presentation for consideration, discussion, and approval of CORRECTED Work Authorization #1 in the amount of $197,221.25 with DOS LOGISTICS, INC. to provide engineering services in connection with Contract No. C-08-389-10-28 -"ON-CALL VARIOUS ROAD and BRIDGE and C.I.P. Projects" for (Engineering Assessement of approximately 80.25 Miles of Drainage Ditch) within Hidalgo County Precinct No. 1.
 
2.
Recommending bid award to the sole bidder meeting all specifications for the request for bids for :Purchase of the Following New Attachments: One (1) Hydraulic High Shoulder Planer; One (1) Hydraulic Sidearm Ditcher; One (1) Hydraulic Sickle Bar Type Tree Limb Cutter (Bid No.: 09-045-01-28CGV).
 
D.
Pct. 2
 
1.
Presentation for discussion, consideration, acceptance and approval of contract C-08-399-2-03 for Hidalgo County Precinct No. 2- "Construction of Tower Road Drainage Items", reviewed and approved as to form by legal counsel, and previously awarded by Commissioners' Court on 12-02-08. 
 
2.
Requesting authorization to purchase through Hidalgo County's membership and participation with TASB/BUYBOARD awarded vendor H & V Equipment, Inc.: One (1) Doosan DL-250 Loader with a 3.5 Cubic Yard Bucket in the amount not to exceed $ 141,803.18 which includes Buyboard Pricing and Accessories. (Bid No. 2009-077)
 
E.
Pct. 3
 
1.
Presentation for discussion, consideration, acceptance, and approval of Payment No. 2 (reimbursable) in the amount of $490.60 from Alcocer Garcia Associates Design Consulting, contracted architect for, "Meeting Hall/Pavilion for Precinct No. 3
 
F.
IT Department:
 
1.
Requesting authority to enter into a (2) years renewal basic support services through the County's membership/participation with (DIR) Department of Information Resource awarded vendor NWN Corporation contract DIR-SDD-258 for the I. T. Department, requisition #147941 for the total amount of $6,382.00. Effective: 01/31/09-01/30/11
 
G.
Buildings & Grounds
 
1.
Requesting authority to advertise and approval of Procurement Packet (i.e. legal Notice, specifications-requirements, draft contract, etc.)as attached hereto for " Maintenance & Repairs for Elevators Located in Hidalgo County Owned Buildings"(Bid No. 2009-006-02-23 MEG).
 
2.
A. Presentation for discussion acceptance and approval to exercise the "thirty (30) day written notice of termination of contract" with Federico Lozano, d/b/a Blue Steel Construction under Contract No. C-08-264-09-09-"Replacement of Overhead Doors" as recommended for consideration by the Hidalgo County Buildings and Grounds. 

B.  Requesting authority to request proposals from State awarded vendors, Co-ops, and/or JOC vendors for the "Replacement of existing Overhead Doors & Related materials to County Wide Shop"
 
H.
Colonia Access Program Pct. 1
 
1.
Presentation for discussion, consideration and action on a recommendation by project engineer TEDSI Infrastrcture Group to award to the lowest bidder meeting all specifications for the following bids;
A. Bid No CAP-08-033-12-31-LRM Dimas #1 Subdivision
B. Bid No CAP-08-032-12-31-LRM El Monte Subdivision
and approval of contract(s)subject to CC'S legal counsel review,  TXDOT approval and reciept of applicable bonds.
 
2.
Presentation for discussion, consideration, and approval of final negotiated contract #C-CAP-09-00-01-20 for Professional Engineering Services with Izaguirre Engineering Group, LLC in connection with BCAP Round III-Precinct No. 1 B-CAP Projects for the following colonia's : Brenda Gay, Chapa No 2, L & P, Los Castillos Est.
 
I.
Sheriff's Office
 
1.
Requesting authority to advertise and approval of Procurement Packet (i.e, legal notice, specifications-requirements, draft contract, etc.) as attached hereto for " Service & Maintenance for Generators at the Jail-Law Enforcement Cntr-Etc" (Bid No.2009-007).
 
2.
Requesting authority to advertise and approval of Procurement Packet (e.i. Legal Notice, Specifications-Requirements, etc. Draft Contract) as attached hereto for " Service and Maintenance to the Adult Detention Facility Electronic Systems Part 2"(Bid No. 2009-056)-MEG
 
J.
Planning Department
 
1.
Requesting authority to purchase computer software, equipment and/or peripherals through our membership/participation with (DIR) Department of Information Resource through the following awarded vendor DLT Solutions, Inc. contract DIR-SDD-513 for the Planning Department, requisition #147855 for the total amount not to exceed $6,677.04. Effective: 01/31/09-01/30/11
 
K.
Co. Wide
 
1.
HIDALGO COUNTY RE: REAL ESTATE ACQUISITIONS-
Requesting authority to obtain and approval of (when applicable), including, but not limited to, the following items necessary in anticipation of real property/estate acquisition(s): fair market value appraisals, inspections, surveys, all phases-environmental assessments, title reports or title policies services, commercial contracts (improved property) or option contracts with authority for County Auditor to issue required earnest money payment(s) or option payment(s) and County Judge or Presiding Officer to execute necessary/required document(s)
 
2.
Requesting authority to advertise and approval of Procurement Packet (i.e. Legal Notice, Specifications-Requirements, etc. Draft Contract) attached hereto for "Bio Hazardous Waste Disposal Service"-Hidalgo County ( Bid No. 2009-005)
 
3.
Presentation for discussion, consideration, action and/or approvals in connection with: Bank Depository and/or Remittance-Processing (Lockbox) Agreement including but not limited to, the following: 

A.  Response received from First National Bank regarding County request to renegotiate current agreement for an additional two (2) year term;
     1.  negotiation team report and recommendation; if necessary;
     2.  approval of renewal contract with current depository;  or , in the alternative;

B.  Authority  to advertise Bank Depository and/or Remittance Processing (Lockbox) and/or Other Agreements (i.e. Trust Account Services) pursuant to Texas Local Government Code, Chapter116: Depositories for County Public Funds" with proposed publication dates of:
     1.  2-07-09, 2-14-09 & 2-21-09 with application acceptance date on CC meeting/agenda of 3-03-09; or
     2.  2-14-09, 2-21-09 & 2-28-09 with application acceptance date on CC meeting/agenda of 3-10-09;

C.  Appointment or designation of "evaluation Committee" to score, grade and evaluate applications:
     1. same as "negotiation team" members; or,
     2. others
 
18.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.087 to discuss the following:
 
A.
Real Estate Acquisition
 
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
 
C.
Pending and/or potential litigation
 
D.
C-128-09-E; Eudelia vs. County of Hidalgo
 
E.
C-153-09-C; Sylvia Cantu Perez vs. Hidalgo County
 
F.
Claim of Christina Donis
 
G.
Claim of Olga Rubio
 
H.
Claim of DEA
 
I.
Claim of Oscar A. Pizano
 
19.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
 
C.
Pending and/or potential litigation
 
D.
C-128-09-E; Eudelia vs. County of Hidalgo
 
E.
C-153-09-C; Sylvia Cantu Perez vs. Hidalgo County
 
F.
Claim of Christina Donis
 
G.
Claim of Olga Rubio
 
H.
Claim of DEA
 
I.
Claim of Oscar A. Pizano
 
20.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
21.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
22.
Adjourn