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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
June 30, 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.
CL-09-1610-D; Andy Rios v. Hidalgo County and David Guerrero, Individually and as an employee of Hidalgo County
 
E.
Claim of Erica Reyna
 
F.
Claim of Roger A. Zamora
 
G.
Claim of Julio Diaz
 
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.
CL-09-1610-D; Andy Rios v. Hidalgo County and David Guerrero, Individually and as an employee of Hidalgo County
 
E.
Claim of Roger A. Zamora
 
F.
Claim of Erica Reyna
 
G.
Claim of Julio Diaz
 
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 requests for the following employees:
026174, 073083, 011053, 000752, 110922, 099597, 079014, 061018, 065404, 138231, 126381, 038083, 122343, 148598, 006491 & 018902
 
C.
Presentation and Acceptance of Final Report by Committee regarding SafeGuard Project
 
D.
2010 Budget:
Discussion, consideration, and approval of the proposed 2010 Budget Process Plan.
 
E.
Safety Division:
1.  Approval to accept settlement check from Travelers Insurance Company in the amount of $14,924 to settle total loss auto accident with County vehicle (Sheriff Dept.)
2.  Approval to authorize Guadalupe Trevino, Hidalgo County Sheriff, to sign Vehicle Title and any other relevant documents to settle claim with Travelers Insurance Company.
 
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.
Presentation, discussion, and possible action regarding the Substance Abuse Facility for Hidalgo County.
 
C.
Discussion, consideration, and approval to pay the 3rd and 4th quarter FY 2009 UPL Contribution in order to maximize health care services for indigent persons in Hidalgo County.
 
12.
Emergency Services Division - Tony Pena:
 
A.
Fire Marshal:
Discussion and approval of the following 2009 Interlocal Cooperation Agreements:
1.  Edinburg Fire Department 
 
B.
Fire Marshal:
Discussion, consideration and action regarding request by Sullivan City Volunteer Fire Department to provide services in the rural/unincorporated areas of the County through an Interlocal Agreement
 
13.
Office of the County Judge:
 
A.
Discussion, consideration, and approval of amendment to the General Fund Management Agreement between the County of Hidalgo and Valley Initiative for Development and Advancement (VIDA).
 
B.
Authorization for County Judge J.D. Salinas, III to execute an extension "Amendment to the Financial Assistance Award" from the U.S. Economic Development Administration (EDA) in connection with grant number 08-86-04201.
 
14.
IT Department - Renan Ramirez:
 
A.
WIC:
1.  Authorization to purchase REQUISITION # 155601 through the County's membership/participation with HGAC CW05-02 with awarded vendor SPRINT for the following services:

Quantity: Description: Unit Cost: Total Cost: Notes:
3 GPS $26.17 each X 5 months $392.55 Attached please find quote and request forms

2.  Approval of the attached applications for gps service request under the county's cell phone policy.
 
15.
Urban County - Diana Serna:
 
A.
Approval of a Subrecipient Agreement with the Advocacy Resource Center for Housing (ARCH) and the Urban County Program-ESG/UCP Year 22 (2009) under the Emergency Shelter Grant Program for Essential Services and Homeless Prevention activities.
 
B.
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 $35,500.00, (1) Unit in the City of Donna in the amount of $37,000.00 & (1) Unit in the City of Alton in the amount of $37,500.00 to GMH Construction.
2.  (1) Unit in the City of Donna in the amount of $35,900.00 to J.D. Villarreal Construction.
 
C.
Authorization for Hidalgo County Judge Juan D. Salinas, III to execute the Hidalgo County Urban County Program Interlocal Agreements with (10) member City consortium for Urban County Year 22 (2009).
 
D.
The Urban County Program requests approval of Subrecipient Agreement with the Food Bank of the Rio Grande Valley (Public Services – General) in the amount of $35,000.00 for the Urban County Program Year 22 (2009).
 
E.
The Urban County Program requests approval of Subrecipient Agreement with La Union Del Pueblo Entero (Public Service) in the amount of $44,600.00 for Urban County Program Year 22 (2009).
 
F.
Approval of a Subrecipient Agreement with The Salvation Army and the Urban County Program-ESG/UCP Year 22 (2009) under the Emergency Shelter Grant Program for Maintenance and Operations, Essential Services, and Homeless Prevention Services.
 
G.
The Urban County Program requests approval of Subrecipient Agreement with International Valley Health Institute (Public Services) in the amount of $35,000.00 for Urban County Program Year 22 (2009).
 
H.
The Urban County Program requests approval of Subrecipient Agreement with Mujeres Unidas-Women Together (Battered & Abused Spouses) in the amount of $41,500.00 for Urban County Program Year 22 (2009).
 
I.
Approval of a Subrecipient Agreement with The American Red Cross and the Urban County Program - ESG/UCP Year 22 (2009) under the Emergency Shelter Grant Program for Operations.
 
J.
The Urban County Program requests approval of an Interlocal Agreement between the County of Hidalgo and the City of Edinburg for the contribution to the County of $250,000.00 out of the City of Edinburg's ORCA allocation for a drainage project referred to as the San Carlos Drainage Improvements Project in Precinct #4.
 
K.
The Urban County Program requests approval to award a Subrecipient Agreement with the Community Hope Projects, Inc. dba Hope Family Health Center (Health Services) in the amount of $10,000.00 for Urban County Program Year 22 (2009).
 
L.
The Urban County Program requests approval of Subrecipient Agreement with LRGVDC-Foster Grandparent Program (Senior Service) in the amount of $11,500.00 for Urban County Program Year 22 (2009).
 
M.
The Urban County Program requests approval of Subrecipient Agreement with the Amigos Del Valle, Inc. (Senior Services) in the amount of $49,780.00 for Urban County Program Year 22 (2009).
 
N.
The Urban County Program requests approval of Subrecipient Agreement with CASA of Hidalgo County Inc. (Abused & Neglected Children), in the amount of $78,000.00 for Urban County Program Year 22 (2009).
 
O.
The Urban County Program requests approval of Subrecipient Agreement with the Children's Advocacy Center (Abused & Neglected Children) in the amount of $67,500.00 for Urban County Program Year 22 (2009).
 
P.
The Urban County Program requests approval of Subrecipient Agreement with the Girl Scouts of Greater South Texas (Youth Services) in the amount of $ 10,000.00 for Urban County Program Year 22 (2009).
 
Q.
The Urban County Program requests approval of Subrecipient Agreement with the Boys & Girls Club of Pharr (Youth Services) in the amount of $15,000.00 for Urban County Program Year 22 (2009).
 
R.
The Urban County Program requests approval of Subrecipient Agreement with the Boys & Girls Club of Edinburg-RGV (Youth Services) for the San Carlos, Brewster and Hargill Units in the amount of $40,000.00 for Urban County Program Year 22 (2009).
 
S.
The Urban County Program requests approval of Subrecipient Agreement with the Mid Valley Boys & Girls Club (Youth Services) in the amount of $20,000.00 for Urban County Program Year 22 (2009).
 
T.
The Urban County Program requests approval of Subrecipient Agreement with Nuestra Clinica Del Valle (Health Services) in the amount of $30,000.00 for Urban County Program Year 22 (2009).
 
U.
Approval of a Subrecipient Agreement with Mujeres Unidas/Women Together and the Urban County Program-ESG/UCP Year 22 (2009) under the Emergency Shelter Grant Program for Maintenance and Operations and Essential Services.
 
V.
The Urban County Program requests approval of Subrecipient Agreement with LRGVDC-Rio Metro (Transportation Service) in the amount of $70,000.00 for Urban County Program Year 22 (2009).
 
W.
The Urban County Program requests approval of Subrecipient Agreement with the Senior Community Outreach Program (Senior Services) in the amount of $22,500.00 for Urban County Program Year 22(2009).
 
X.
The Urban County Program requests approval of Subrecipient Agreement with the San Juan Youth Program (Youth Services) in the amount of $15,400.00 for Urban County Program Year 22 (2009).
 
Y.
The Urban County Program requests approval of Subrecipient Agreement with the Boys & Girls Club of Alamo – San Juan (Youth Services) in the amount of $63,500.00 for Urban County Program Year 22 (2009).
 
Z.
The Urban County Program requests approval of Subrecipient Agreement with the Open Hands Community Charitable Services (Public Services) in the amount of $20,000.00 for Urban County Program Year 22 (2009).
 
16.
Planning Department - Raul Sesin:
 
A.
Final Approval of Subdivision Plat: 
-Monte Alto Acres Phase 5 Subdivision – Pct. 1 (Richard Ruppert)
 
17.
WIC - Norma Longoria:
 
A.
Discussion, consideration and approval of Utility Service Payment agreement between Nuestra Clinica Del Valle and  Hidalgo County WIC Program for the reimbursement of utility services from the Rio Grande City building located at 600 N. Garza, Rio Grande City, Texas occupied by both parties. 
 
18.
Sheriff's Office - Chief Martinez:
 
A.
Discussion, authorization, and approval to execute the Operation Stonegarden Grant Sub-Recipient Interlocal Agreement from the Governor's Division of Emergency Management between the County of Hidalgo and the City of Hidalgo.
 
B.
1. Acceptance and Approval of funds for the Gulf Coast Violent Offender and Fugitive Task Force II (GCVOFTF II) from the U.S. Marshals Service in the amount of $1,000.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the Gulf Coast Violent Offenders & Fugitive Task Force II (GCVOFTF II) with the United States Marshals Service. 
3. Approval of appropriation of funds in the amount of $1,000.00
 
19.
District Clerk - Laura Hinojosa:
 
A.
Discussion, consideration, and action on Memorandum of Understanding between Hidalgo County and H.E. Butt Grocery Stores regarding District Clerk Passport Project.
 
B.
Approval to adopt technology fee for the preservation and restoration services performed by the District Clerk in connection with maintaining a district court records archive in accordance with Senate Bill (S.B.) No. 1685.
 
20.
Precinct #2 - Comm. Palacios:
 
A.
Approval of resolution regarding the conversion of "I" Road, from Hidalgo County Limits south to the proposed Border Safety Inspection Facility, to an on-system roadway.
 
21.
Budget & Management - Raul Silguero Jr.:
 
A.
Electric Coop. - Unclaimed Capital Credits:
Discussion, consideration, and approval to submit request for funds (Unclaimed Capital Credits) from the Texas Comptroller of Public Accounts as authorized under Section 74.602 of the Texas Property Code, with authority for County Judge to sign the request.
 
B.
Edward Byrne Memorial:
1. Public Hearing on the FY 2009 Edward Byrne Justice Assistance Grant (JAG) Program Application/Strategies/Narrative.
2. Discussion, consideration, review, and approval of the program application/strategies/narrative of the FY 2009 Edward Byrne Justice Assistance Grant.
 
C.
Budget & Management Dept./Treasurers Dept.:
1. Discussion, consideration, and action on the Hidalgo County Pre-Enrollment & Enrollment Policy and Procedures.
2. Discussion, consideration, and action on the Hidalgo County Direct Deposit Policy and Procedures.
 
D.
Workers' Comp.:
Approval to adjust Workers' Compensation rates to reflect estimated required reserves as per the annual actuarial report.
 
E.
Interdepartmental transfers:
 
1.
Amigos Del Valle (1100):
Approval of 2009 interdepartmental transfer from County Wide Administration (1100) to Amigos Del Valle (1100) in the amount of $1,500.00 to fund membership dues.
 
2.
General Liability Insurance (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Contingency to Insurance in the amount of $10,000.00 to fund pending and future claims.
 
3.
General Litigation (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Contingency to General Litigation in the amount of $20,000.00 to fund pending and future claims.
 
4.
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 Damian Acres (program 041) in the total amount of $3,500.00 to fund project expenditures.
 
5.
Pct. #2 BCAP (1311):
Approval of 2009 interdepartmental transfer within Round II, Border Colonia Access Program from Roadrunner#2 (program 620) into account projects Eldora Gardens (program 252) in the amount of $159.64, Tiny Acres (program 740) in the amount of $159.68, El Charro #2 (program 240) in the amount of $161.22, Morning Sun (program 484) in the amount of $159.40, RSW Unit #1 (program 580) in tha amount of $161.62, Red Barn (program 605) in the amount of $159.39 and Val Bar Estates (program 767) in the amount of $165.44 for indirect cost associated with BCAP projects.
 
6.
Pct. #2 R&B (1202):
Approval of 2009 interdepartmental transfer within Precinct #2 fund (1202) from R&B (program 006) to Border Colonia Access Program Project El Charro Subdivision  (program 240) in the amount of $48,857.00 to fund project expenditures.
 
7.
BCAP (1310):
Approval of 2009 interdepartmental transfer from BCAP Primavera 2/Rosie (program 080) to BCAP Tierra Bonita/Marie Cir. North (program 543), respectively in the amount of $1,571.86 to fund project expenditures.
 
8.
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 Pond (program 045) in the amount of $75,000.00 to fund land acquisition.
 
9.
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 Verle Cray Curry Road Pond (program 062) in the total amount of $15,000.00 to fund project expenditures.
 
10.
Emergency Services (1100):
Approval of 2009 interdepartmental transfer within Emergency Services from La Joya Fire Department (program 009) to Sullivan City Fire Department (program 026) in the total amount of $10,000.00 to fund fire call expenditures.
 
F.
Interfund Transfers:
 
1.
Co. Wide Contingency (1100):
Approval of 2009 interfund transfer from Court Reporter fund to Co. Wide Contingency in the amount of $100,000.00 to fund pending projects.
 
G.
Budget Appropriations:
 
1.
Sheriff Substation Precinct 1 (1302):
Approval of 2009 appropriation of funds for Sheriff Substation Precinct 1 (1302) for legal services for the purchase of land in the amount of $1,131.66.
 
2.
Department of Budget and Management (1100):
Approval to appropriate 2008 revenues and expenditures in the amount of $411,098.27 for Hurricane Dolly emergency expenditures as requested by the County Auditor.
 
H.
Salary Schedule Changes:
 
1.
Health Clinics (1100):
a.  Approval to create one (1) regular full-time Epidemiologist position, slot #0115, budgeted salary $55,500.00.
b.  Approval of 2009 interdepartmental transfer.
c.  Approval of revised salary schedule. 
 
2.
Temporary Positions - Various Depts.:
1. Approval to extend twenty two (22) temporary positions approved by Commissioners' Court on 12/31/08 and needed from July 01, 2009 through December 31, 2009 as listed on the attachment.
2. Approval of 2009 interdepartmental transfer.
3. Approval of 2009 intradepartmental transfer.
 
3.
Purchasing Department (1100):
1.  Approval to create one (1) full-time Inventory Control Specialist Coordinator position, slot #0030 budgeted at $38,220.00
2.  Approval of transfer of funds
3.  Approval of revised salary schedule
 
22.
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.
Discussion, consideration and approval to modify Hidalgo County's Purchasing Policies & Procedures, pursuant to the State of Texas' 81st. Legislature-Regular Session,  HB 987 (SB 624 identical) effective 6-22-09, Texas Local Government Codes 262 (various clauses), 271 (various clauses) sealed competitive bid (procurement) limit is changed (raised) from $25,000.00 to $50,000.00 and changing the work from bidding to procurement.
 
B.
Pct. 1
 
1.
Acceptance and approval of Work Authorization Nos. 3, 4, & 5  with estimated amounts of $2,000.00 each with Leonel Garza, Jr. & Associates, to provide professional appraiser services for the items detailed and specified herein for the project in  Pct. #1 to be known as Air Burner Site under contract #09-169-05-05:

a. WA #3 -Corresponding to the Tx DOT Form A-5 and/or A-6 format for: "Campacuas 5 AC of Lot 13 Block 99  4.92 AC Net;

b. WA #4-Corresponding to the Tx DOT Form A-5 and/or A-6 format for: "Campacuas 5 AC of Lot 14 Block 99 4.92 AC Net;

c. WA #5-Corresponding to the  Tx DOT Form A-5 and/or A-6 format for: "Campacuas 5 AC of Lot 15 Block 99 4.92 AC Net.
 
C.
Health & Human Services Dept.
 
1.
Requesting authority to purchase P25 Trunking Upgrades Software through Hidalgo County's Inter local agreement with the Houston-Galveston Area Council's (H-GAC's) awarded vendor Dailey-Wells Communications (contract no.: RA01-08) for the Health & Human Services Department through requisition #156765 in an amount not to exceed $27,816.08.
 
2.
Requesting award of solicited quotes (by the Health & Human Services Dept.) to the lowest quote, meeting specification/requirements to The Inner Corridor Technologies, Inc. through requisition #156774 in the amount of $16,725.00 to provide a five (5) day Introduction to ARC GIS I & II training various counties (to be conducted at the Hidalgo County Health & Human Services Department Conference Room).
 
3.
Requesting authority to purchase (4) XTS 5000 Portable Radio - 800 MHZ and (4) XTS 5000 Portable Radio - VHF through Hidalgo County's Inter local agreement with the Houston-Galveston Area Council's (H-GAC's) awarded vendor Motorola Inc. (contract no.: RA01-08) for the Health & Human Services Department through requisition #156301 in an amount not to exceed $39,557.60.
 
D.
Colonia Access Program Pct. 2
 
1.
Acceptance and approval of the following claims/invoices from Millenium Engineers Group, Inc.  (see attachments) in the total amount of $4,431.56 with authority  for Hidalgo County Treasurer to issue check after review, audit, & processing procedures are completed by the County Auditor.
 
2.
Approval of final construction contract (awarded by CC on 05-05-09) for C-CAP-09-128-05-05 Road & Drainage for Los Encinos I & II Subdivisions between Hidalgo County and Total Commitment, LLC in the amount of $207,184.80.
 
E.
Colonia Access Program Pct. 3
 
1.
Approval for Hidalgo County to send funds directly to project disbursing administrator, SureTec Information Systems, Inc. as requested by awarded vendor, Closner Construction Co. LLC as a condition of their surety, '...directing all contract proceedings earned and to be earned...' under CAP-09-132-03-25-YSI Road & Drainage Construction for Ramon Leal Subdivision (awarded by CC 6-8-09).
 
F.
Sheriff's Office
 
1.
a.  Presentation for nomination by CC (of at least three (3) firms from the County's approved "Pool" for the purposes of scoring & grading, ranking by CC and negotiation of a professional engineering services contract for the provision of Construction Materials Testing services as part of County obligations in connection with the construction of sub-station(s) for Hidalgo County's east side facility: 

Firms Nominated:  1._________________; 2._________________; 3._________________;

b.  Designation/Assignment of grading/scoring and evaluation team, if other than CC members.
 
G.
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)
 
23.
Adjourn