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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
May 26, 2009
1:30 P.M.

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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.
Claim of Yesenia Garcia
 
E.
C-1256-09-B; Hyundai Motor Finance Company vs. The City of McAllen
 
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.
Claim of Yesenia Garcia
 
E.
C-1256-09-B; Hyundai Motor Finance Company vs. The City of McAllen
 
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.
Requesting approval of  Agreement Granting Access to County Property in connection with a request by property owner, Double O Ent., dba, Fiesta Food Stores to access County property in order to effect repairs to a sewer line as authorized presented to Commissioners' Court on 5-12-09.
 
11.
Membership Dues:
 
A.
93rd District Court:
Requesting approval to make payment for the 2009 membership dues for the Texas Association for Court Administration in the amount of $50.00 for Joel Espinoza  from the 93rd District Court Coordinator with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor. 
Req # 155560
 
12.
Constable Pct. #3 - Larry Gallardo:
 
A.
1.  Request approval to renew interlocal agreements with La Joya, Mission, and Sharyland Independent School Districts for the 2009 - 2010 school year.

2.  Approval to appropriate funding from School District and local match.

3.  Approval to set salaries.
 
13.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
14.
Emergency Services Division - Tony Pena:
 
A.
Presentation and approval of Proclamation for Hurricane Awareness Week 2009.
 
15.
Urban County - Diana Serna:
 
A.
Requesting Public Hearing in regards to the submittal of a Substantial amendment to the Community Development Block Grant for funding under the American Recovery & Reinvestment Act of 2009 (AARA) in the amount of $2,265,128.00
 
B.
Resolution authorizing approval and submittal of a Substantial amendment to the 2008 Community Development Block Grant fiscal year for funding under the American Recovery & Reinvestment Act of 2009 (AARA) in the amount of $2,265,128.
 
C.
The Urban County Program requests approval of Change Order No.1 on the construction contract with United Contracting, Inc. to increase contract in the amount of $80,027.50, utilizing City of Alamo general funds.
 
D.
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 Countywide area in the amount of $37,490.00 to CRG HOMES.
2. (1) Unit in the City of San Juan in the amount of $36,499.00 to Rolando's General Construction
3. (1) Unit in the City of Weslaco in the amount of $35,999.00 to Rolando's General Construction.
 
E.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services in connection with Hidalgo County Urban County Program from Program Year 20 (2007) for a Flood Drainage Improvement Project in the City of Weslaco.

2. Presentation of the scoring grid of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by the City of Weslaco, Hidalgo Urban County Program and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Flood Drainage Improvement Project in the City of Weslaco.

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of _____________________ for the provision of engineering services for an Urban County Program -City of Weslaco Flood Drainage Improvement project.
 
F.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Material Testing Services in connection with Hidalgo County Urban County Program Years 18- 20 (2005-2007) for a Water/Sewer Improvement Project in the City of Weslaco.

2. Presentation of the scoring grid of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by the City of Weslaco, Urban County Program and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Water/Sewer Improvement Project in the City of Weslaco.

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of _____________________ for the provision of Material Testing Services for an Urban County Program -City of Weslaco Water/Sewer Improvement project.
 
G.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Material Testing Services in connection with Hidalgo County Urban County Program Year 20 (2007) for a Flood Drainage Improvement Project in the City of Weslaco.

2. Presentation of the scoring grid of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by the City of Weslaco, Urban County Program and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Flood Drainage Improvement Project in the City of Weslaco.

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of _____________________ for the provision of Material Testing Services for an Urban County Program -City of Weslaco Flood Drainage Improvement project.
 
H.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services in connection with Hidalgo County Urban County Program Year 18 – 20 (2005 - 2007) for a Water/Sewer Improvement Project in the City of Weslaco.

2. Presentation of the scoring grid of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by the City of Weslaco and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Water/Sewer Improvement Project in the City of Weslaco.

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of _____________________ for the provision of engineering services for an Urban County Program -City of Weslaco Water/Sewer Improvement project.
 
I.
The Urban County Program requests approval of amendment #3 to the professional engineering contract with Dos Logistics, Inc., to include an additional time extension of 118 days for contract completion for the planning Services on Water/Sewer Improvements for the Delta Area Regional Water/Wastewater Treatment Plants.
 
J.
Presentation of monthly status report by Dos Logistics, Inc. on the development of an Environmental Information Study and a Preliminary Engineering Report in connection with Pct. #1 Water / Sewer Improvement and Planning Activity.
 
16.
Office of the County Judge:
 
A.
Approval of Resolution regarding SCAAP funding
 
B.
Approval of Proclamation honoring the Hidalgo County Clerk's Office - Collections Department for the Excellence in Service Award.
 
C.
Presentation, discussion, and possible action regarding Energy Efficiency and Conservation Block Grant.
 
D.
Authorization for County Judge J.D. Salinas III to sign Local Government Certification Form for the Advocacy Resource Center for Housing (ARCH) project application to be submitted to the Texas Department of Housing and Community Affairs.
 
E.
Discussion and possible action regarding Hidalgo County's Legislative Program for the 81st Session of the Texas Legislature.
 
F.
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.
 
17.
Head Start Program - Teresa Flores:
 
A.
Recognition of Blue Ribbon Centers
 
B.
Discussion and Approval of Statement of Qualifications, Requirements and Scope of Services for the Purpose of Expanding the "Medical/Dental, Mental Health, and Special Services Pool"
 
C.
Discussion/Approval for Consideration and Acceptance of Providers Meeting all Specifications and Requirements for the Following Request for Qualifications (RFQs):
1.  Medical/Dental RFQ#:2009-03-033
2.  Mental Health RFQ#:2009-03-034
3.  Special Services RFQ#:2009-03-035
 
18.
WIC - Norma Longoria:
 
A.
1. Approval of Certification of Revenues, as certified by the County Auditor, for the WIC Program.
2.  Approval to amend (increase) the current 2009 WIC Grant Program budget, in the total amount of $205,473.66.
 
19.
Sheriff's Office - Chief Martinez:
 
A.
Requesting approval of payment for membership dues for Chief Deputy Anacleto Martinez to the Texas Chief Deputies Association in the amount of $24.00 for the year of 2009.
 
B.
1.  Approval to de-obligate funds (1284) for the City of Pharr (Operation Stonegarden Grant sub-recipient award) in the amount of $61.76.
2.  Approval of appropriation of funds (1284) to the Sheriff's Office (Operation Stonegarden Grant) in the amount of $61.76
 
C.
Sheriff Office Operation Stonegarden Grant (1284):
Approval of budget amendment for $176,894.80 for the City of Donna, pursuant to sub-recipient interlocal agreement with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management.
 
20.
County Clerk's Office - Arturo Guajardo, Jr:
 
A.
Presentation of "Excellence in Service Award" from the Governmental Collector's Association of Texas
 
21.
Colonia Access Program - Agapito Vargas
 
A.
Presentation for discussion, consideration, acceptance and approval of Memorandum of Understanding Between Hidalgo County Precinct No. 2 and Hidalgo County Precinct No. 4 for the completion of the Citriana Village Storm Sewer Drainage Project.
 
22.
Precinct #2 - Comm. Palacios:
 
A.
Requesting approval of payment for Pay Memo w/South Texas Land Investigation in the amount of $500.00 for services rendered in connection with Sugar Road Improvement Project for Title reports on Parcels 52 & 56 after County Auditors' review and processing procedures completed including authority for County Treasurer to issue payment/check.
 
B.
Presentation for discussion, consideration and applicable action in connection with the acquisition of a Web Based Civic Management tool with implementation to commence in Precinct #2 as a pilot program through the following options:

1.  Acquisition of a Web Based Civic Management tool through the County memberships/participation with state and/or association cooperative purchasing programs, agencies or interlocals; and,

2.  Authority to develop specifications, requirements, etc. for advertising the procurement of a Web Based Civic Management tool for Hidalgo County with implementation to commence in Precinct #2.
 
23.
Precinct #3 - Comm. Flores:
 
A.
Requesting authorization to name road located in Precinct #3 as Follow Ln. the road connects with Desperado Subdivision on the north side.
 
24.
Budget & Management - Raul Silguero Jr.:
 
A.
Discussion, consideration and approval to submit  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.
Interdepartmental transfers:
 
1.
Approval of 2009 inter-departmental transfer for Precinct #3 Border Colonia Access Program fund (1312) from La Homa Grove Estates (program 380) to Ramon Leal Subdivision (program 591) in the amount of $14,525.60.
 
2.
District Attorney (1100):
Approval of 2009 interdepartmental transfer from Countywide Contingency to District Attorney in the amount of $4,000.00 to fund purchase of legal reference books.
 
C.
Interfund transfers:
 
1.
Sheriff's Office: 
Approval of 2009 interfund transfer from Sheriff's Investigation (HB65) Fund (1227), Sheriff's Fed Sharing-US Treasury (1228) and the Sheriff's Fed Sharing-US Dept. of Justice (1229) into the USDA Grant Fund (1284) in the total amount of $94,457.50.
 
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 Peñitas 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
 
D.
Salary Schedule Changes:
 
1.
Pct. #4 R&B (1204):
a.  Approval to delete one (1) vacant regular full-time Office Clerk/Receptionist position, slot #052, budgeted salary $18,640.00.
b.  Approval to create one (1) regular full-time Accounts Payable Clerk position, slot #055, budgeted salary $28,000.00.
c.  Approval of revised salary schedule. 
 
2.
Co. Clerk Record Archive (1100):
A.  Approval to extend four (4) temporary full-time Deputy Clerk positions, slot #'s T001, T002, T003, and T004, budgeted salary $10.00 per hour, positions not to exceed six months and/or 12/31/2009. 
B.  Approval to create one (1) temporary full-time Deputy Clerk position, slot # T009, budgeted salary $10.00 per hour, position not to exceed six months and/or 12/31/2009.
C.  Approval of revised salary schedule.
 
3.
Pct #3: (1203)
1. Approval to create two (2) temporary full-time Office Clerk positions, slot no.'s T070 and T071, budgeted salary $9.00 per hour. Positions not to exceed six (6) months.
2. Approval of revised salary schedule.
 
25.
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.
Presentation by Hidalgo County Appraisal District for the purposes of signature (execute documents) by Hidalgo County of extension of Interlocal Governmental Agreement between said political subdivisions in connection with participation in Hidalgo County's "Self-Funded Health Insurance Program, Stop Loss Insurance and Life/AD&D Insurance".
 
5.
Requesting approval to complete and submit a New Account Applications with "Burton Auto Supply and O'Reilly Auto Parts", awarded vendors through Hidalgo County Membership/Participation with Tasb (BuyBoard) Cooperative with authority for County Judge or Court member to execute documents.
 
6.
A. Requesting "ratificaton" of requisition  Purchase Order #622982  to Rio Tank Services (former awarded vendor for same project) in the amount of $ 6,000.00 (subject to change if fluid in tank)  qualifying as an "Emergency Declaration" (under Chaper 9 of Hidalgo County's Purchasing Policies & Procedures) with supporting documentation provided through the director of Safety/DBM in connection with the necessity for the immediate removal of the unforeseen discovery of an eleventh (11th) fuel tank (including disposal of fluid contents) during the current/on-going "Paving/Construction of Parking Lot Project"  (located at 201 and 217 North Closner Blvd., Edinburg, Texas) for Hidalgo County;

B. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (a)(2) & (3) in connection to the on-going: "Paving/Construction of Parking Lot Project" (located at 201 and 217 North Closner Blvd., Edinburg, Texas) for Hidalgo County;

C. Authority to award a short term contract (on an as needed basis) to Rio Tank Service Construction, Inc. in the event of any unforeseen discoveries of subsequent underground tanks that may occur and require removal with the term of the contract through the completion of the construction of the parking lot project. 
 
7.
A.  Presentation with recommendations by consulting contractor, Beck Disaster Recovery (BDR), of the proposals received by consultant (from the HGAC approved pool) for review, analysis and evaluation for the purposes of selection of providers (i.e. primary & secondary, if applicable) for award of prepositioned contracts in connection with Disaster Debris Hauler and Related Services; 

B.  Award of proposals to the following providers:
     Primary vendor: ________________________;

     Secondary vendor:    ____________________;

     Additional: ____________________________;

C.  Approval of contract format used by County through interlocal with the City of Kingsville for the vendors awarded herein. 
 
8.
Requesting approval to declare as "surplus" (for the purpose of destruction, with the assistance of the Hidalgo County Precinct 4 Road & Bridge) twenty (20) total emergency/law enforcement light bars in as much as the light bars are unusable by any Hidalgo County Department.
 
B.
County Judge's Office
 
1.
Presentation for discussion, consideration, and approval to execute the final lease agreement (approved as to form by legal counsel) for "Lease of Tower Space" (RFB No. 09-023-02-25) with McAllen Communications Company Inc., as awarded by CC on 04/14/09.
 
C.
Pct. 2
 
1.
Requesting approval of Supplemental Agreement No. 2 with R. Gutierrez Engineering Corporation (Contract NO. C-07-358-09-04) in the amount of $63,970.00 (adding 4 right-of-way parcels and 2 title reports to original requests on WA#12 & SA #1) thus increasing Work Authorization No. 12  to a revised total of $454,271.00 in connection with the existing easements or rights-of-way between "I" Road and the South Main Lateral and adding the design and construction of a gated structure to the International Boundary and Water Commission (I.B.W.C.) Levee further detailed in the document attached hereto.
 
D.
Pct. 3
 
1.
Presentation for discussion, consideration, and approval to execute a construction material testing services contract/agreement for the provision of general engineering services for, "Hidalgo County Precinct No. 3 Projects (ON A AS NEEDED BASIS),"  with L & G Engineering Laboratory LLC, as authorized & approved for negotiations by CC on 03/31/09.
 
2.
Presentation for discussion, consideration, and approval to execute a Professional Engineer contract/agreement for the provision of general engineering services for, "FM 681 from SH 107 west to FM 492 Project for engineering Services (including Right-Of-Way Mapping and Right-Of-Way Acquisition) for Precinct No. 3 ," with L & G Engineering, as authorized & approved for negotiations by CC on 04/07/09.
 
E.
Buildings & Grounds
 
1.
Due to damages sustained (i.e. water and/or stains, etc.), requesting authority to purchase through the County's membership/participation with TASB Buyboard awarded vendors Tandus US, LLC and Diaz Floors and Interiors through Contract #310-08 for the provision of all materials, labor and ancillary accessories needed including, but not limited to, removal and installation of new flooring for the following project #09-234:

a. Probate Court; in the amount of:                -------------------$16,928.83

b. J.P. Pct. #3 PL 1; in the amount of:               ----------------- $  1,757.95

 Total Amount      ------------------------------------------------------ $18,686.78
 
2.
a.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (a)(9)(C) ... property sold by a political subdivision of this state (i.e. City of McAllen);

b.  Requesting authority to purchase mulch/compost material (through properly requisitioned and processed purchase orders) from the City of McAllen's Compost Facility on an as needed basis in connection with any landscaping projects to be undertaken by Hidalgo County, including, but not limited to, all Precinct's, Departments, Programs, Agencies (under all funding sources) through December 31, 2009. 
 
F.
Colonia Access Program Pct. 2
 
1.
Presentation for consideration, discussion, acceptance and approval of Change Order No. 1 with contractor Jimmy Closner and Sons Construction for Eldora Gardens Subdivision located in Pct. No. 2 reflecting a net increase in the amount of $3,862.95 because concrete driveway was increased to have a better slope as recommended through project engineer R. Gutierrez Engineering Corporation. C-CAP 08-018-08-26.
 
G.
Sheriff's Office
 
1.
A.  Presentation for discussion, consideration, acceptance and approval of scoring grid (for the purposes of ranking by CC) of the firms graded and evaluated through the County's approved "pool" of Hidalgo County Professional Consultants "To Seek Funding and Assistance through Federal, State, Private Sector(s) and Other Sources" as available and permitted for the "Sheriff's Office" including but not limited to, the following projects:

1.  Construction of a Second Substation;
2.  New Communication System;
3.  Implementation of Fixed & Remote Surveillance System for Hidalgo County;
4.  Others as developed by Sheriff's Office

B.  Requesting authority for the Purchasing Department to negotiate a professional consulting services contract with the number one ranked firm ___________________________ for: Professional Consulting Services To Seek Funding and Assistance through Federal, State, Private Sector(s) and Other Sources as available and permitted for the "Sheriff's Office" through funding sources for the Sheriff's Office Project(s).
 
H.
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)
 
26.
Adjourn