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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
June 8, 2009
09:30A.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.
Claim of Erica L. Reyna
 
E.
Claim of AT&T
 
F.
Claim of AT&T
 
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 Erica L. Reyna
 
E.
Claim of AT&T
 
F.
Claim of AT&T
 
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.
Approval of 457 Plan Hardship withdrawal request for employee #107727
 
C.
Safety Division:
 
1.
Approval to accept settlement checks from Endeavor General Insurance Agency in the amounts of $2,491.32 & $125.00 for an auto accident with County vehicle (Sheriff Office).
 
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.
Discussion and possible action related to Upper Payment Limit (UPL) Program
 
C.
Presentation for discussion, consideration and approval of claim from Fernando Martinez in the amount of $23.52 (Invoice #141981) for fuel purchased on May 19, 2009 for the HD-13 county truck with authority for county auditor to issue payment after review, audit and processing procedures are completed.
 
12.
Emergency Services Division - Tony Pena:
 
A.
Fire Marshal's Office:
Discussion and approval of the following 2009 Interlocal Cooperation Agreements:

1.  Alton Fire Department ( 2 Originals)
2.  Linn-San Manuel Fire Department
3.  Mission Fire Department
4.  Monte Alto Fire Department
5.  San Juan Fire Department
6.  Weslaco Fire Department
 
13.
Urban County - Diana Serna:
 
A.
The Urban County Program is requesting approval and award of contract to O.G. Construction in the amount of $129,011.00 for the Water/Sewer Improvements (Construction of Lab) in the City of Elsa, utilizing Years 18 & 21 (2005 & 2008) funds.
 
B.
The Urban County Program is requesting approval of a best and final negotiated contract with Dos Logistics, Inc. in the amount of $ 20,000.00 utilizing Year 21 (2008) funds for a Park Improvements Project for the Hidalgo County Precinct No. 1 area.
 
C.
The Urban County Program is requesting approval and award of contract to JLV Utility Construction in the amount of $85,240.00 for the Water/Sewer Improvements to Lane Subdivision 1 & 2 (Redgate) in Precinct No. 4, utilizing Year 19 (2006) funds. The project consists of the installation of water line to the subdivision.
 
14.
Office of the County Judge:
 
A.
1. Discussion, consideration, and approval of Interlocal Cooperation Agreements between Hidalgo County, Texas Workforce Solutions, and the City of Palmhurst.

2. Discussion, consideration, and approval of Interlocal Cooperation Agreements between Hidalgo County, Texas Workforce Solutions, and the City of Elsa.
 
B.
Presentation, discussion, and possible action regarding the City of Laredo's Weir Project.
 
15.
Planning Department - Raul Sesin:
 
A.
1. Preliminary Approval of Subdivision Plat 
    Viva Las Vegas Phase II Subdivision – Pct. 4 (Richard Garza)

2. Final Approval of Subdivision Plat
    Frontera Heights Phase II Subdivision – Pct 1 (Tony Gray)

3. Reimbursement of a Cash Deposit
    Winston Commercial Plaza – Pct. 1(Jane Ponton)
 
16.
Elections Administration - Yvonne Ramon:
 
A.
Discussion and consideration to increase the fees for leasing and contracting of Hidalgo County Elections Services with various cities and entities.
 
17.
Head Start Program - Teresa Flores:
 
A.
Discussion/Approval of draft contracts for the following providers meeting all specifications and Requirements for Medical and Dental Services:
Medical Providers Dental Providers
Ashely Pediatrics Nolana Family Dental
Industrial Health Works Pablo Tagle, Jr. DDS, Inc.
Nuestra Clinica del Valle The Children's Dentist
  Nuestra Clinica del Valle
 
B.
Discussion/Approval of draft contracts for the following providers meeting all specifications and requirements for Special Services:
Kids in Action Therapy RGV's Training Wheels Therapry Clinic, LLC
Advance Therapy Solutions Risas y Rayones Rehab Services
Best Beyond Expectations Speeh Therapy Step n Stride Rehabilitation Center
First Steps Pediatric Rehab Kids Zone Childrens Rehab
Kidding Around Therapy Inc Team Success Therapy Center
Kidiatric Therapy Service TheraCare Rehab Services, PLLC
Kids Korner Renaissance Outpatient Rehab Center Therapy Central Childrens Rehab Services
Melody Kids Care, LLC Total Care Rehab Center
Procare Therapies, PC Valley Therapy Center Inc
Quality Therapy Providers Weslaco Therapy Center Inc
 
C.
Discussion/Approval of draft contracts for the following providers meeting all specifications and requirements for Mental Health Services:
Tony Guzman - Guzman and Associates
Maricela Medrano - Fina's Helping Hands
Maria C. Quilantan - Counseling Center of South Texas
Norma Villanueva - Modern View Clinical Services
 
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 $238,775.00.
 
19.
Right of Way - Joe Pena:
 
A.
Authorization for discussion and/or approval of Open-Cut permit for North Alamo Water Supply Corporation to perform the following:
1.  Open cut approximately 160' west of the centerline of Old La Blanca Road on the north and south side of Mile 12 North - 2" PVC casing, 3/4" service connection - North Alamo Water Supply. 

2.  Open cut approximately 180' west of the centerline of Old La Blanca Road on the north and south side of Mile 12 North - 12" PVC casing, 6" waterline - North Alamo Water Supply. 

3.  Open cut approximately 350' west of the centerline of Old La Blanca Road on the north and south side of Mile 12 North - 2" PVC casing, 1" service connection - North Alamo Water Supply.
 
B.
Authorization for discussion, consideration and/or approval to enter in a License Agreement between the County of Hidalgo and Hector Guerra for an extension of present location for the Monte Alto Collection Site.
 
20.
Precinct #1 - Comm. Handy:
 
A.
Requesting approval of Interlocal Cooperation Agreement between the County of Hidalgo and the City of Donna, Texas in order to make certain highway improvements to Farm to Market (FM) Road 493, from Champion Street, South to U.S. Highway 281 (the "project"); a section of which is within the city limits of Donna.
 
21.
Precinct #2 - Comm. Palacios:
 
A.
Discussion and action on Resolution regarding Conversion of a segment of "I" Rd. to an On-System Roadway
 
22.
Budget & Management - Raul Silguero Jr.:
 
A.
TXDOT (1315):
1. Discussion, consideration, acceptance and approval of Advance Funding Agreement Amendment # 1 between County of Hidalgo and Texas Department of Transportation for the "I" Road Project from US 281 South to Owassa Rd.

2. Discussion, consideration and approval to submit an Economically Disadvantaged Counties Program (EDCP) Application for local participation reduction for the "I" Road Project from US 281 South to Owassa Rd.

3. Authority for County Judge to sign the required document(s): Advance Funding Agreement Amendment # 1 and Economically Disadvantaged Counties Program (EDCP) Application.

4. Approval of 2009 interfund transfer from C.O. Series 2004 (1334) to TxDOT Project (1315) in the total amount of $93,410.00 to fund Hidalgo County's estimated share for the "I" Road Project from US 281 South to Owassa Rd.

5. Approval to pay TxDOT the proportionate share of the estimated cost for the "I" Road Project from US 281 South to Owassa Rd.
 
B.
Truancy Grant (1282):
1. Authorization and approval to apply for the OJJDP FY 09 Earmarks Programs - Truancy Program Grant with the U.S. Department of Justice - Office of Juvenile Justice and Delinquency Prevention (OJJDP).

2. Authorization for County Judge to sign the required documents.
 
C.
Interdepartmental transfers:
 
1.
Pct. #3 TxDot (1315):
Approval of 2009 interdepartmental transfer within Precinct #3 TxDot (1315) from TxDot - FM 681 SH 107-SH 364 (program 039) to TxDot - FM 681 SH 107-FM 2221/FM 492 (program 070) in the amount of $1,250,000.00.
 
2.
BCAP (1310):
Approval of 2009 interdepartmental transfer from BCAP Lopezville/Water Street (program 075) to BCAP Arco Iris No. 2/North Loop (program 068), respectively in the amount of $180.90 to fund project expenditures.
 
3.
Pct. #2 CO 2009 Series (1339):
Approval of 2009 interdepartmental transfer within Certificate of Obligations Series 2009, from the Precinct 2 Drainage Improvement Project (program 034) into LJ Drainage (program 038) in the amount of $40,000.00 and into Cesar Chavez Drainage (program 039) in the total amount of $75,500.00 to fund project expenditures.
 
4.
Pct. #1 CO's 2009 (1339):
Approval of interdepartmental transfer from Pct. 1 Drainage Improvement (program #052) to Pct. 1 Pond Mile 21 N & Mile 5 1/2 W (program #057) in the amount of $3,600.00 to fund project expenditure(s). 
 
D.
Interfund transfers:
 
1.
R & B Co. Wide (1200)/Notes Payable (1401):
Approval of 2009 interfund transfer from Road Administration to Notes Payable in the amount of $379,255.85 to fund SIB Loan payment.
 
2.
Pct. #3 TXDot (1315):
Approval of 2009 interfund transfer from C.O. 2009 (1339) to TxDot Projects (1315) in the amount of $490,612.60 to fund expenditures for the FM 681 from FM 2221 to SH 107 Road Project.
 
3.
Pct. #3 TxDot (1315):
Approval of 2009 interfund transfer from C.O. 2009 (1339) to TxDot Projects (1315) in the amount of $5,877.27 to fund expenditures for the FM 2221 / FM 492 from FM 681 to SH 364 Road Project.
 
4.
Pct. #3 TxDot (1315):
Approval of 2009 interfund transfer from C.O. 2006 (1336) to TxDot Projects (1315) in the amount of $869,308.13 to fund expenditures for the FM 2221 / FM 492 from FM 681 to SH 364 Road Project.
 
E.
Salary Schedule Changes:
 
1.
Elections (1100):
a. Approval to extend three (3) temporary full-time data processor positions, slot no.'s T095, T100, and T103, budgeted hourly rate $8.00.  Positions effective for six (6) months and/or from July 01, 2009 through December 31, 2009.
b. Approval of 2009 intradepartmental transfer to fund salary related fringes for temporary full-time positions.
c. Approval of revised salary schedule.
 
2.
DBM-Workers' Comp. & TX DPS - Employee Transfer:
a.  Approval to delete one (1) regular full-time Secretary position, slot #0012, budgeted salary $27,552.00.
b.  Approval to create one (1) regular full-time Clerk III position, slot #0007, budgeted salary $27,552.00 (TX DPS) and transfer employee no. 125237 from Workers Compensation to TX DPS, effective date 06/08/09.
c.  Approval of interdepartmental transfer in the total amount of $21,000.00 from Co Wide Contingency to TX DPS to fund salary and related fringes for position.
d.  Approval of revised salary schedule.
 
23.
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.
Recommending award of bid and approval of lease and/or lease purchase of office space lease contract (reviewed by legal counsel as to form) to lowest bidder meeting all specifications/requirements as hereto for Hidalgo County-"Lease and/or Lease of Purchase of Office Space for Hidalgo County" BID NO: 2009-064-05-13-MEG
 
5.
Presentation for discussion, consideration and action on a request from District Attorney for Commissioner's Court to consider procuring the renovation/remodeling of Administration Building through solicitation of sealed proposals from either job order contractors or trades, labor and materials awarded vendors through the County's membership/participation through cooperative purchasing programs as opposed to proceeding with action to approve authority to publish advertisement of sealed bids for the: Renovation/Remodeling of the first and second floors of the former administration building located at 100 E. Cano, Edinburg, Texas to relocate and house the District Attorney Offices, County Judge's Office and Commissioner's Court Meeting Room Facility.
 
B.
Pct. 1
 
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service for engineering services in connection with county owned buildings/structures in need of repairs/renovations located in  Pct. #1;

b. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" for the provision of professional engineering services in connection  with county owned buildings/structures in need of repairs/renovations located in  Pct. #1;

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 (on an as needed basis) for the projects identified and detailed above and herein; 

d. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A)(4) a professional service for architectural services in connection with county owned buildings/structures located in Pct. #1; 

e. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool"for the provision of professional architectural services required for county owned buildings/structures in need of repairs/renovations located in Pct. #1;

1st.______________________; 2nd.______________________; 3rd.______________________; 

f. Authority for the Purchasing Department to negotiate a professional architectural services contract with the No.1 ranked firm of ___________________________ for the provision of architectural services (on an as needed basis) fro the projects identified and detailed above and herein.
 
C.
Pct. 2
 
1.
Presentation for discussion, consideration, and approval to execute a professional engineering (including developing plans, specifications, scope of work, etc) contract/agreement for the provision of general engineering services for, "Building/Structure Repairs and/or Renovations" on an as needed basis with Dos Logistics, as authorized & approved for negotiations by CC on 05/19/09.
 
2.
Requesting approval of Supplemental Agreement No. 1 with R. Gutierrez Engineering Corporation Contract #C-08-381-09-16 in the amount not to exceed $66,000 adding estimated 40 Existing Easement/ROW Parcel of the existing drain ditch thus increasing Work Authorization No. 11 to a revised total of $87,500.00.
 
D.
Pct. 3
 
1.
a. Presentation for discussion, consideration, and approval to execute a Professional Engineer contract/agreement for the provision of general engineering services for, "FM 681 Project (from FM 2221 to SH 107) 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. 

b. Presentation for consideration, discussion, acceptance, and approval of Work Authorization No. 1 (with a estimated cost of $1,740,612.60) for "FM 681 (from FM 2221 to SH 107)" with L&G Engineering, to provide engineer services to Hidalgo County Precinct No. 3. C-09-192-06-08

c. Presentation for discussion, consideration, and approval to execute a Professional Engineer contract/agreement for the provision of general engineering services for, "FM 2221/FM 492 (from FM 681 to SH 364) 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;

d.  Presentation for consideration, discussion, acceptance, and approval of Work Authorization No. 1 (with a estimated cost of $875,185.40) for "FM 2221/FM 492 (from FM 681 to SH 364)" with L&G Engineering, to provide engineer services to Hidalgo County Precinct No. 3. C-09-192A-06-08.
 
E.
Pct. 4
 
1.
Requesting authority to advertise sealed bids for: "Preventative Maintenance Services"  on an as needed basis" for heavy equipment purchased (approved by CC on 02/24/09 AI#14130 and referenced as project #09-117- DIP-4) for the San Carlos Drainage Improvement Project. (Project #09-243)
 
2.
a.  Presentation for consideration, discussion, acceptance and approval of Work Authorizations No. 1 in the amounts of $ 76,447.00 from J. E. Saenz & Associates, Inc. for Professional Engineering Services for Preliminary Design and Construction Phase Services for: "Lakeview Subdivision West of North McColl" within Hidalgo County Pct. No. 4, in connection with Contract No. C-09-171-05-19;

b.  Presentation for consideration, discussion, acceptance and approval of Work Authorizations No. 2 in the amounts of $ 10,705.00 from J. E. Saenz & Associates, Inc. for Professional Engineering Services for Preliminary Design and Construction Phase Services for: "Curry Road West of Cesar Chavez" within Hidalgo County Pct. No. 4, in connection with Contract No. C-09-171-05-19.
 
3.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service for engineering services in connection with county buildings/structures needing repairs and/or renovations located in Precinct #4;

b. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" of engineers in connection with professional engineering services required for county owned buildings/structures in need of repairs/renovations located in Pct. #4;

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 (on an as needed basis) as identified and detailed above and herein;

d. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A)(4) a professional service for architectural services in connection with county owned buildings/structures in need of repairs/renovations located in Pct. #4;
 
e. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" in connection with professional architectural services required in connection with county owned buildings/structures in need of repairs/renovations located in Pct. #4;

1st._________________; 2nd._________________; 3rd._________________;
 
f. Authority for the Purchasing Department to negotiate a professional architectural services contract with the No.1 ranked firm of ___________________________ for the provision of architectural services (on an as needed basis) for the projects located in Pct. #4 and as identified and detailed above and herein;
 
F.
WIC
 
1.
Recommending award of bid  to the lowest bidder meeting all specifications/requirements for Bid No. 2009-137-SMA-Hidalgo County WIC Program-"Purchase of One (1) 2009 or Newer Mobile Medical Clinic" in the amount not to exceed the total of $238,775.00
 
G.
Colonia Access Program Pct. 1
 
1.
a. Presentation for discussion, consideration, acceptance and approval of Application for Payment No. 2 (Release of Retainage) in the amount of $3,734.45 from IOC Company, as submitted by TEDSI Infrastructure Group. C-CAP 07-015-02-20-LRM; 

b. Requesting approval of "Certificate of Construction Completion" submitted by project engineer TEDSI Infrastructure Group reflecting the completion date of October 3, 2008 for Chapa #3 Subdivision C-CAP 07-015-02-20-LRM.
 
H.
Colonia Access Program Pct. 3
 
1.
Presentation for discussion, consideration, and action on the following, including, but not limited to:

a. A recommendation by project engineer Izaguirre Engineering Inc. to award to the lowest bidder meeting all specifications: Closner Construction in the amount of $93,167.06 for Bid No. CAP-2009-132-03-25-YSI "Road & Drainage Construction For Ramon Leal Subdivision";

b. Approval of contract subject to legal counsel and TXDOT review.
 
2.
Presentation for discussion, consideration, and action on the following, including, but not limited to: 

a. A recommendation by project engineer Izaguirre Engineering Inc. to award to the lowest bidder meeting all specifications: Asago Construction in the amount of $117,313.40 for Bid No. CAP-2009-129-03-25-YSI "Road & Drainage Construction For La Homa Groves Subdivision";

b. Approval of contract subject to legal counsel and TXDOT review.
 
I.
Sheriff's Office
 
1.
Recommending award of bid and approval of contracts to lowest mulitple bidders meeting all specifications and/or requirements as attached hereto for:"Tires, Mounting, Rotation and Balancing Service" - Hidalgo County Sheriff's Office - Bid No. 2009-127-04-29-ERT.
 
J.
Juvenile Probation
 
1.
Requesting authorization to advertise and approval of specifications as attached hereto for the purchase of One (1) New 15 Passenger Van as requested and approved by Chief Israel "Buddy" Silva. (Project #09-235-OGG).
 
K.
County Clerk
 
1.
Requesting authority to exercise the sixty (60) day grace period extension, as provided in the current contract for: "Data Warehousing of Hidalgo County Commissioner's Court Meeting" for the Hidalgo County Clerk's Office, under the same rates, terms and conditions with Landata Technologies, Inc., effective 06/12/09 -08/11/09.
 
L.
Co. Wide
 
1.
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 make repairs to a sewer line as authorized presented to Commissioners' Court on 5/12/09.
 
2.
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)
 
24.
Adjourn