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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
May 19, 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.
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.
EEOC Complaint No. 451-2008-02049; Jose S. Velasquez
 
E.
Claim of Jose Velasquez
 
F.
Claim of Maria D. Perez
 
G.
In the Matter: U.S. Equal Employment Opportunity Commission & Jose S. Velasquez, County of Hidalgo Charge No. 451-2008-02049
 
H.
Claim of Erica L. Reyna
 
7.
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.
EEOC Complaint No. 451-2008-02049; Jose S. Velasquez
 
E.
Claim of Jose Velasquez
 
F.
Claim of Maria D. Perez
 
G.
In the Matter: U.S. Equal Employment Opportunity Commission & Jose S. Velasquez, County of Hidalgo Charge No. 451-2008-02049
 
H.
Claim of Erica L. Reyna
 
8.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
9.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
10.
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.
Discussion and approval of proposed Hidalgo County Library System Bylaws
 
C.
Approval of 457 Plan Hardship withdrawal request for employee # 015083
 
D.
Discussion and possible action regarding salary increases of the County Court at Law Judges
 
E.
Safety Division:
 
1.
Approval to accept settlement check from State Farm Insurance Company in the amount of $518.42 for an auto accident with County vehicle (Constable Pct 3)
 
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.
Approval of Hidalgo County Indigent Care Program Compliance Policy.
 
C.
Approval of Hidalgo County Indigent Program Amendment to Require Prior Authorization for Non-Emergency Speciality Services.
 
12.
Office of the County Judge:
 
A.
Discussion and possible action regarding Hidalgo County's Legislative Program for the 81st Session of the Texas Legislature.
 
B.
Presentation, discussion, and possible action on the Regional Mobility Authority Report.
 
C.
Administer oath to Regional Mobility Director Juan Maldonado appointed by Hidalgo County Judge J.D. Salinas III on May 12, 2009.
 
D.
1. Discussion, consideration, and approval of interlocal cooperation agreement and worksite agreement between Hidalgo County and Texas Workforce Solutions.

2. Discussion, consideration, and approval of interlocal cooperation agreements between Hidalgo County, Texas Workforce Solutions, and various cities.
 
E.
Approval of resolution regarding SCAAP funding
 
13.
Urban County - Diana Serna:
 
A.
Discussion, consideration, and possible action of funding request submitted by Dr. Van A. Reidhead and Mr. John Milford from the University of Texas-Pan American in order to facilitate the establishment of the Hidalgo County Community Historic Archaeology Program for the Schools (CHAPS).
 
14.
WIC - Norma Longoria:
 
A.
Approval of 2009 budget amendment for the WIC Department  in the amount of $205,473.00.
 
15.
Sheriff's Office - Chief Martinez:
 
A.
Sheriff Office Operation Stonegarden Grant (1284):
Approval of budget amendment for $90,889.24 for the City of Alton, pursuant to sub-recipient interlocal agreement with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management.
 
B.
Pursuant to Hidalgo County Cellular Telephone Policy, presentation for consideration, acceptance and approval of Cellular Phone Request Form (Data Card Request) for the following elected official and department head:
Department Name:                 Name of Employee: Basic Rate Plan Total Per Month: One Time Equipment Cost
Sheriff's Office
Lupe Trevino             
Data Plan $55.00 $99.00
Sheriff's Office Pat Medina Data Plan $55.00 $99.00
 
C.
Discussion, consideration, and approval to enter into the Operation Stonegarden Grant Subrecipient Interlocal Agreement from the Governor's Division of Emergency Management between the County of Hidalgo and the City of Donna.
 
16.
Right of Way - Joe Pena:
 
A.
Consideration and approval to purchase a certain tract of land described as Parcel # 103 Mile 2 West Road Project.
 
B.
Approval and concurrence of TxDot proposed State Highway Improvement, US 281 Military Rd. (CSJ 0220-01-028)
 
17.
Budget & Management - Raul Silguero Jr.:
 
A.
USDA Grant:
Approval to create a new First National Bank account, named "Hidalgo County, Texas Tax Notes, Series 2008" for the USDA First Responder Loan/Grant and the approval to transfer $94,457.50 to the newly created account to meet funding requirements for the county's portion of the USDA Grant/Loan. 
 
B.
Interdepartmental transfers:
 
1.
WIC (1100):
Approval of 2009 interdepartmental transfer in the total amount of $5,000.00 from Co Wide Contingency to WIC (1100) to fund unallowable grant telephone expenditures from 2008.
 
2.
Pct. #4 Drainage Improvement Projects C.O. 2009 Series (1339):
Approval of 2009 interdepartmental transfer within Certificate of Obligation Series 2009 Precinct #4 Drainage Improvement Project from (program 036) to Alamo Brisas (program 054) in the amount of $3,000.00 to fund project expenditures.
 
C.
Interfund transfers:
 
1.
Pct. #3 P/U Road / TX. Dot Illumination:
Approval of 2009 interfund transfer from Pct #3 P/U Road (1203) to TxDot-US 83 Illumination (1315) in the amount of $9,000.00 for the maintenance of the lighting system on US 83.
 
2.
TX DOT Projects:
a.  Approval of 2009 interfund transfer from Road and Bridge Countywide (1200) to TxDOT Projects (1315) in the total of $300,103.22 to fund right of way acquisitions.

b.  Approval to pay TxDOT the proportionate share of the actual cost of acquiring right of way for the following projects:

PROJECT
LIMITS
ROW CSJ
BALANCE DUE
US 83 FM 1423 to FM 1015
0039-18-103
$ 11,512.52
US 83
Showers to Insp. Rd.
0039-17-144
214,389.52
US 83
Hidalgo Co. Line E 0.347 Mi.
0039-01-051
2,251.75
US 281
SH 495 to Trenton Rd.
0255-08-093
4,262.46
Bus. 83 
Penitas to Showers Rd.
0039-02-056
43,011.20
Bus. 83
FM 2557 to 1st St. Donna
0039-04-101
3,421.46
Bus. 83
Showers Rd. to FM 1427
0039-02-054
19,280.03
Bus. 83
FM 1427 to US 83
0039-02-053
1,974.28
 
  TOTAL
$ 300,103.22
 
3.
Countywide Contingency (1100)/Courthouse Security (1241):
Approval of interfund transfer from Countywide Contingency to Courthouse Security in the amount of $21,068.04.
 
D.
Budget Appropriations:
 
1.
Indigent Health Care (1249):
Approval to deobligate funds from the FY 2008-2009 Indigent Health Care in the amount of $1,540,000.00.
 
2.
Truancy Grant Program:
a.  Approval of 2009 interdepartmental transfer from JP 4/2 ( program 002) to JP 1/1 (55,635), JP 1/2 (55,635), and JP 3/2 (55,635) in the total amount of $166,905 to fund a Case Manager I position for each of the JP's.

b.  Approval of Revised salary schedule (JP 4/2).

c.  Approval of salary schedule (JP 1/1, JP 1/2 & JP 3/2).
 
3.
Precinct No.2 Parks (1212):
Approval to deobligate funds from Precinct No.2 Parks in the amount of $20,973.26.
 
4.
Pct. #2 R & B (1202):
Approval to deobligate funds from Precinct No.2 Road & Bridge in the amount of $1,214.50
 
18.
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 approval to declare "surplus" numerous items and vehicles (County-owned and/or Seized) for the purpose of disposition through auction as set forth through Texas Local Government Code 263.152.(a)(1) and as futher detailed on Exhibit attached hereto.
 
5.
Requesting authority to advertise the following project:  "Wireless Phone Services/Phone Usage" for Hidalgo County" with basic specifications/requirements attached hereto drafted and developed through the IT Department.
 
6.
Presentation for consideration, discussion and applicable action to award to lowest bidder meeting all specifications and requirements with approval of contract for:  "Security Services for Parking Lots Owned by Hidalgo County".  RFB No. 2009-013-03-11-otm
 
7.
Requesting approval to remove the listed items from Veteran's Department inventory:

a.  Dell Minitower 400 MHZ, Asset#37813, acquired on 10/23/2001
b.  1 166 MHZ Pentium CPU, Pionex, Asset# 31208, acquired on 9/23/1997
c.  1 133 MHZ Pentium CPU, Pionex, Asset# 31268, acquired on 9/23/1997
d.  1 OPTIPLEX GX 270 Small Minitower, Asset# 41799, acquired on 12/9/2003
 
B.
Pct. 1
 
1.
Presentation for discussion, consideration, acceptance and approval of request for "Affidavit Of Final Payment Request" for Invoice #01.80-M20 in the amount of $16,400.00 submitted by Dos Land Surveying with authority for County Auditor to review and complete processing procedures and for County Treasurer to issue payment in connection to contract #C-08-225-09-09-PO#611180 for Professional Surveying Services to "Mile 20N, Mile 21N and Mile 7W" Project within Hidalgo County Precinct #1.
 
C.
Pct. 2
 
1.
Presentation for discussion, consideration, acceptance and approval of Application for Payment #1 from CAS Companies, L.P. in the amount of $457,519.13 and as certified for payment by project architect, VA Architecture in connection with the construction of the South Tower Park CRC Building(s) including waiving the submission of release of liens for this payment request only subject to the completion of Auditor's review and processing procedures and authority for County Treasurer to issue payment/check.
 
2.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A)(4)(a), a professional service for Engineering Services (including developing plans, specifications, scopes of work, etc.) in connection with:  building repairs and/or renovations on an as needed basis to comply with The Texas Engineering Practice Act (Occupational Code Sec. 1001.053.A); 

b. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded and evaluation through the County's approved pool of engineers in connection with professional engineering services (including developing plans, specifications, scopes of work, etc.) required for building repairs and/or  renovations on an as needed basis to comply with The Texas Engineering Practice Act (Occupational Code Sec. 1001.053.A);
1st. _________________; 2nd. _________________; 3rd. _________________;


c. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No. 1 ranked firm of for the provision of Engineering Services (including developing plans and specifications) for Building renovations on an as needed basis to comply with The Texas Engineering Practice Act (Occupational Code Sec. 1001.053.A).
 
D.
Pct. 3
 
1.
a.  Presentation for discussion, consideration and acceptance/approval of a notification submitted by vendor, Alcocer-Garcia Associates Design Consulting (AGADC) of the change of business status from partnership to Alcocer-Garcia Associates, Inc. (AGA) including related and supporting documentation;


b.  Presentation for discussion, consideration, acceptance and approval of request for Payment No. 4 (Additional Services) and Payment No. 7 (Basic Services) totaling $4,114.56 submitted by Alcocer Garcia Associates Design Consulting (AGADC) contracted architect for: "Anzaldua's Park Project- Board Ramp & Dock Improvements" through contract #C-07-228-07-10 (PO #592805) and subject to County Auditor's review and completion of processing procedures with authority for County Treasurer to issue payment/check.
 
E.
Pct. 4
 
1.
Requesting approval of a professional engineering services agreement with J. E. SAENZ & ASSOCIATES, INC.  for the purposes of engineering services for "LAKEVIEW SUBDIVISION WEST OF NORTH McCOLL and CURRY ROAD WEST OF CESAR CHAVEZ" for Hidalgo County Precinct No. 4 (as selected for negotiations through County's protocol from the "POOL" of engineers by C.C. on 03/24/09), and (as approved as to form by legal counsel).
 
2.
Presentation for discussion, consideration and approval of proposal received from "The Playwell Group, Inc."  awarded vendor through our membership/participation with TASB's BUYBOARD Cooperative Purchasing Program Contract# 269-07, in the amount of $178,648.68 for J. R. "Milo" Ponce, Jr. Park project #2009-222-05-19-otm.
 
F.
Health & Human Services:
 
1.
Recommending award of bid and approval of contract  to the sole participant meeting all specification and/or terms and conditions as attached hereto for Hidalgo County Health Department for "Laboratory Services for CHIP-Medicaid-Private Insurance and Self Pay Patients"
(BID NO.: 2009-050-04-22-MEG)
 
G.
IT Department:
 
1.
Requesting approval to enter into Service Agreement between the County of Hidalgo and the Department of Information Resources/Communications Servies Division (DIR/CTS) pursuant to Texas Government Code, Chapter 771, Interagency Cooperative Act and/or Chapter 791, Interlocal Cooperation Act and Title 10, Subtitle D, Chapter 2170, Telecommunication Services, Texas Government Code for the provision of connectivity through various transmission methods to the TEX-AN network for specific communications services including, but not limited to, video, voice, routed data, Internet and/or equipment with authority to complete and submit Customer Information Form and for County Judge or Court Member to sign documents.
 
H.
Colonia Access Program Pct. 2
 
1.
Presentation for discussion, consideration, and action on a recommendation by project engineer Cruz-Hogan Consultants, Inc. to award to the lowest bidder meeting all specifications:  Closner Construction Co. LLC in the amount of $322,888.69 for Bid No. CAP-2009-183-04-29-YSI "Road & Drainage Construction For Citriana Village Subdivision" subject to TX Dot concurrence. 
 
2.
Presentation for discussion, consideration, and action on  a recommendation by project engineer DOS Logistics, Inc. to award to the lowest bidder meeting all specifications: Closner Construction Co, LC. in the amount of $219,997.65 for Bid No. CAP-2009-188-05-06-YSI "Road & Drainage Construction for Sundowner Recreational Center Subdivision" subject to Tx Dot concurrence.
 
3.
Presentation for discussion, consideration, and action on  a recommendation by project engineer R. Gutierrez Engineering, Inc. to award to the lowest bidder meeting all specifications: Valley Paving, Inc. in the amount of $195,130.55 for Bid No. CAP-2009-178-05-05-YSI "Road & Drainage Construction For Las Milpas Subdivision" subject to TX DoT concurrence.
 
I.
Colonia Access Program Pct. 3
 
1.
a.  Presentation for discussion, consideration, acceptance and approval of Application for Payment No. 2 (Final) in the amount of $12,349.68 from Sascon, Inc., submitted by project engineer, Hinojosa Engineering Inc. for C-CAP-08-012-07-11 (Ezequiel Acevedo #2 Subdivision); 

b.  Requesting approval of "Certificate of Construction Completion" submitted by project engineer, Hinojosa Engineering Inc. reflecting the completion date of January 21, 2009 for C-CAP-08-012-07-11 (Ezequiel Acevedo #2 Subdivision).
 
2.
a. Presentation for discussion, consideration, acceptance and approval of Application for Payment No. 2 (Final) in the amount of $6,775.31 from Sascon, Inc., submitted by project engineer,  Hinojosa Engineering Inc. for C-CAP 08-011-07-11 (Barney Groves Subdivision);

b. Requesting approval of "Certificate of Construction Completion" submitted by project engineer, Hinojosa Engineering Inc. reflecting the completion date of January 21, 2009 for C-CAP-08-011-07-11 (Barney Groves Subdivision).
 
J.
Juvenile Probation
 
1.
a. Presentation for discussion, consideration, acceptance, and approval of the qualifying participant submitting a response to establish the "expansion of existing pool" for "Licensed Professional Counselors" to provide necessary/required services on an as needed basis for Hidalgo County at the Judge Mario E. Ramirez, Jr. Juvenile Justice Center - RFP No: 2009-103-04-15-YZV;

b. Presentation for discussion, consideration and approval of the final negotiated contract for RFP No: 2009-103-04-15-YZV-Hidalgo County -Judge Mario E. Ramirez, Jr. - Juvenile Center - Expansion Pool for Licensed Professional Counselor(s) with the qualified professional (if approved) on the "expansion pool" approved in previous item.
 
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.
Approval to accept a 1st quarter 2009 rebate check (check #1380329) from Comdata in the amount of $3.03.
 
19.
Adjourn