CC REGULAR
HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
COMMISSIONERS' COURT MEETING
July 28, 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, 551.074 & 551.087 to discuss the following:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.074 & 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.
Deliberation of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Buildings & Grounds Director
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.
Deliberation of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Buildings & Grounds Director
8.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
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
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"
2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation"
B.
Status report regarding the SAFEGuard Project
11.
Safety Division - Roy Quintanilha:
A.
Approval to accept a check (#NB91191352) from Illinois Union Insurance Company for the amount of $2,197.67 for payment in connection with claim for Ariel Guzman, CL-07-3664-A.
12.
Health & Human Services Department - Eddie Olivarez:
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
B.
Requesting authorization and approval to accept the Inter-local Cooperation Agreement between Lower Rio Grande Valley Development Council and Hidalgo County (Health and Human Services) for the acceptance of equipment and supplies. This equipment will be readily available for the purpose of responding to both man-made and natural disaster if requested under mutual aid. (See attached list of equipment and supplies)
C.
1. Requesting approval to accept the attached Office of Border Health - EWIDS Grant Contract # 2009-031556, Attachment # 001, in the amount of $150,000.00 for the period 8/1/2009 to 7/31/2010.
2. Approval of Certification of Revenues as certified by the County Auditor for the - EWIDS Grant Contract.
3. Requesting approval of the attached Office of Border Health - EWIDS Contract Budget and Salary Schedule for the period 8/1/2009 to 7/31/2010 (Account # 9-1293-441-10-340-028-0). Contingent on classification and compensation project.
2. Approval of Certification of Revenues as certified by the County Auditor for the - EWIDS Grant Contract.
3. Requesting approval of the attached Office of Border Health - EWIDS Contract Budget and Salary Schedule for the period 8/1/2009 to 7/31/2010 (Account # 9-1293-441-10-340-028-0). Contingent on classification and compensation project.
D.
1. Requesting approval to accept the attached Bioterrorism Grant Contract # 2009-031925, Attachment # 001, in the amount of $606,497.91 for the period 8/1/2009 to 7/31/2010.
2. Approval of Certification of Revenues as certified by the County Auditor for the Bioterrorism Grant Contract.
3. Requesting approval to create one(1) Flu Surveillance Technician position, slot # 013-0013, with a budgeted annual salary of $30,264.00 (see attached Job Description and Personnel Adjustment Request Form).
4. Requesting approval of the attached Bioterrorism Contract Budget and Salary Schedules for the period 8/1/2009 to 7/31/2010 (Account # 9-1293-441-00-340-013-0). Contingent on classification and compensation project.
2. Approval of Certification of Revenues as certified by the County Auditor for the Bioterrorism Grant Contract.
3. Requesting approval to create one(1) Flu Surveillance Technician position, slot # 013-0013, with a budgeted annual salary of $30,264.00 (see attached Job Description and Personnel Adjustment Request Form).
4. Requesting approval of the attached Bioterrorism Contract Budget and Salary Schedules for the period 8/1/2009 to 7/31/2010 (Account # 9-1293-441-00-340-013-0). Contingent on classification and compensation project.
13.
Emergency Services Division - Tony Pena:
A.
Fire Marshal's Office:
Discussion and approval of the following 2009 Interlocal Cooperation Agreements:
1. La Joya Fire Department
2. Sullivan City Fire Department
Discussion and approval of the following 2009 Interlocal Cooperation Agreements:
1. La Joya Fire Department
2. Sullivan City Fire Department
14.
Buildings & Grounds - Daniel Flores:
A.
Approval of proposal from CAS D/B/A Clean Air Solutions to complete remove and replace various counter tops at The Mansion Building as referenced in requisition #158799 in the total amount of $24,862.50.
15.
Urban County - Diana Serna:
A.
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 20 (2007) and Year 21 (2008) for Street Improvements in the Precinct No. 3 area.
2. Presentation of the scoring grid (of at least three (3) Engineering firms from the County's approved "pool" as graded and evaluated by Precinct #3) for the purposes of ranking by Commissioners' Court in connection with an Urban County Program Street Improvements project in the Precinct No. 3 area.
3. Authority to negotiate a Professional Engineering Service contract with the No. 1 ranked firm of _____________________ for the provision of engineering services for Precinct No. 3 Street Improvements project.
2. Presentation of the scoring grid (of at least three (3) Engineering firms from the County's approved "pool" as graded and evaluated by Precinct #3) for the purposes of ranking by Commissioners' Court in connection with an Urban County Program Street Improvements project in the Precinct No. 3 area.
3. Authority to negotiate a Professional Engineering Service contract with the No. 1 ranked firm of _____________________ for the provision of engineering services for Precinct No. 3 Street Improvements project.
16.
Planning Department - Raul Sesin:
A.
1. Preliminary Approval of Subdivision Plat
a. Almanza Subdivision – Pct. 3 (Lazaro Almanza)
b. Cosme Gomez Subdivision – Pct 3 (Cosme Gomez)
2. Final Approval of Subdivision Plat with Financial Guarantee
a. Vista Ridge Acres Subdivision – Pct. 1 (Jack McClelland)
a. Almanza Subdivision – Pct. 3 (Lazaro Almanza)
b. Cosme Gomez Subdivision – Pct 3 (Cosme Gomez)
2. Final Approval of Subdivision Plat with Financial Guarantee
a. Vista Ridge Acres Subdivision – Pct. 1 (Jack McClelland)
17.
Precinct #2 - Comm. Palacios:
A.
Discussion, consideration and action on Interlocal Agreement between County of Hidalgo and Irrigation District No. 2 (relating to Citriana Village Drainage Outfall)
18.
Precinct #4 - Comm. Garza:
A.
Discussion and possible action on Museum of South Texas History CIP Building Funds
19.
Budget & Management - Raul Silguero Jr.:
A.
TxDot (1315):
1. Discussion, consideration, acceptance and approval of Advance Funding Agreement between the County of Hidalgo and Texas Department of Transportation covering Off-System Bridge Replacement or Rehabilitation for the CR 872 (Los Ebanos Road) over Main Floodway Pilot Channel bridge project.
2. Discussion, consideration and approval to submit an Economically Disadvantaged Counties Program (EDCP) Application for local participation reduction for the CR 872 (Los Ebanos Road) over Main Floodway Pilot Channel bridge project.
3. Authority for County Judge to sign the required document(s): Advance Funding Agreement and Economically Disadvantaged Counties Program (EDCP) Application.
4. Approval of 2009 interfund transfer from Precinct #3 P/U Rd (1203) to TxDot Project (1315) in the total amount of $10,836.00 to fund Hidalgo County's estimated share for the CR 872 (Los Ebanos Road) over Main Floodway Pilot Channel bridge project.
1. Discussion, consideration, acceptance and approval of Advance Funding Agreement between the County of Hidalgo and Texas Department of Transportation covering Off-System Bridge Replacement or Rehabilitation for the CR 872 (Los Ebanos Road) over Main Floodway Pilot Channel bridge project.
2. Discussion, consideration and approval to submit an Economically Disadvantaged Counties Program (EDCP) Application for local participation reduction for the CR 872 (Los Ebanos Road) over Main Floodway Pilot Channel bridge project.
3. Authority for County Judge to sign the required document(s): Advance Funding Agreement and Economically Disadvantaged Counties Program (EDCP) Application.
4. Approval of 2009 interfund transfer from Precinct #3 P/U Rd (1203) to TxDot Project (1315) in the total amount of $10,836.00 to fund Hidalgo County's estimated share for the CR 872 (Los Ebanos Road) over Main Floodway Pilot Channel bridge project.
B.
Acceptance of check no. 6010 in the amount of $8,567.18 from LCS Hidalgo, LLC for reimbursement of two (2) days use of 1,000kw diesel generator following Hurricane Dolly.
C.
Interdepartmental transfers:
1.
General Litigation (1100):
Approval of 2009 interdepartmental transfer from County Wide Administration (1100) to General Litigation in the amount of $41,650.21 to fund a portion of the pending payment to Traveler's Insurance for self insured retention.
Approval of 2009 interdepartmental transfer from County Wide Administration (1100) to General Litigation in the amount of $41,650.21 to fund a portion of the pending payment to Traveler's Insurance for self insured retention.
2.
Pct. #3 Sanitation (1100):
Approval of 2009 interdepartmental transfer from County Wide Administration (1100) to Precinct #3 Sanitation (1100) in the amount of $35,000.00 to fund expected expenditures.
Approval of 2009 interdepartmental transfer from County Wide Administration (1100) to Precinct #3 Sanitation (1100) in the amount of $35,000.00 to fund expected expenditures.
3.
Pct. #4 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 Aguilar Pond (program 038) in the amount of $63.00 to fund project expenditures.
Approval of 2009 interdepartmental transfer within Certificate of Obligation Series 2009 Precinct #4 Drainage Improvement Project from (program 036) to Aguilar Pond (program 038) in the amount of $63.00 to fund project expenditures.
D.
Budget Appropriations:
1.
Court Reporter Fund (1239):
Approval of 2009 appropriation of funds for Court Reporter in the amount of $100,000.00 to fund expenditures for court costs and investigations.
Approval of 2009 appropriation of funds for Court Reporter in the amount of $100,000.00 to fund expenditures for court costs and investigations.
20.
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
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
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
a) Renovations of administration building
b) Other ongoing county owned building construction, renovation repair projects
c) Emergency situations occurring since last agenda meeting
4.
a. Acceptance and approval of the scoring/evaluation grid (for the purposes of ranking by Commissioners' Court) submitted in response to the Request for Proposals - "Credit Card Payment Services"-Hidalgo County-RFP No. 2009-040-06-10-otm:
1st. _________________; 2nd. _________________; 3rd. _________________; 4th.___________________;
b. Authorization for Purchasing Department to negotiate a BAFO (Best and Final Offer) contract with the number one (1) ranked proposer ___________________________ for "Credit Card Payment Services" RFP-Hidalgo County. RFP No. 2009-040-06-10-otm
1st. _________________; 2nd. _________________; 3rd. _________________; 4th.___________________;
b. Authorization for Purchasing Department to negotiate a BAFO (Best and Final Offer) contract with the number one (1) ranked proposer ___________________________ for "Credit Card Payment Services" RFP-Hidalgo County. RFP No. 2009-040-06-10-otm
5.
Acceptance and approval of the final Lease with Option to Purchase Agreement for the, "Mediplex Office Complex," with Edinburg Real Estate Network Inc., as approved to award on CC 6/08/09. C-09-064-06-08 with monthly rental amount of $1.00/sq.ft. (not to exceed 25,928 sq.ft.) with determination of the purchase price of $ ___________________________.
6.
Requesting approval of a utility easement and right of way between the County of Hidalgo and AEP Texas Central Company for electric distribution lines in connection with the construction (by the State of Texas) of a Substance Abuse Facility for Hidalgo County located in Precinct #4 with authority for County Judge or CC Member to execute document and recording of same with the County Clerk.
B.
Pct. 2
1.
Requesting approval of plans and specifications developed with the Precinct and drafted by project architect V-A Architecture for Precinct No. 2's - "Construction for New Precinct No. 2 Administrative Offices and Other County Offices"-RFB No. 2009-037A-08-19-otm with authority to advertise the sealed competitive procurement of the project previously approved by CC on 7-07-09.
2.
Acceptance and approval of request for payment on the following invoice(s) submitted by R. Gutierrez Engineering Corporation, (#C-08-381-09-16) contracted project engineer, with authority for County Treasurer to issue payment/check after Auditor's review and processing procedures are completed:
| Inv. # | Inv. Date | Project Name | Amount |
| 2711 | 07/09/2009 | LJ Drainage Project | $14,600.00 |
| 2712 | 07/09/2009 | Cesar Chavez Drain Project | $11,800.00 |
C.
Pct. 3
1.
Request to approve project completion and final payment to Herrera & Hunt, Inc. pursuant to action taken on 04/14/09 and approval of Change Directive #1 authorizing contractor to use landscaping and betterment allowance for ADA compliance as required by Texas Parks & Wildlife Grant. Approval requested for the following:
a. Change Directive #2 for installation of Solar Powered Lights; ADA Signage, Handrails and submission of Accessibility Study Reports, etc.
b. Change Order #1 is a quantitative adjustment reducing original amount of PO #606377 in the amount of $219,307.00 by $885.00 for a remaining balance of $218,422.00.
c. Approval of Contractor's Application for Final Payment #4 in the amount of $25,615.90 which includes retainage payable to Herrera & Hunt, Inc. for Project #2008-119-OGG.
d. Approval and Acceptance of Certificate of Project Completion Form as provided by Texas Parks & Wildlife for Project F183B as identified by TPW Grant Funds.
a. Change Directive #2 for installation of Solar Powered Lights; ADA Signage, Handrails and submission of Accessibility Study Reports, etc.
b. Change Order #1 is a quantitative adjustment reducing original amount of PO #606377 in the amount of $219,307.00 by $885.00 for a remaining balance of $218,422.00.
c. Approval of Contractor's Application for Final Payment #4 in the amount of $25,615.90 which includes retainage payable to Herrera & Hunt, Inc. for Project #2008-119-OGG.
d. Approval and Acceptance of Certificate of Project Completion Form as provided by Texas Parks & Wildlife for Project F183B as identified by TPW Grant Funds.
2.
Requesting approval of Change Directive No. 1 in connection with the "Construction of the Meeting Hall/Pavilion for Precinct No. 3" from contracted vendor, G.A.S. Enterprises, Inc., and as recommended by project architect, Alcocer Garcia Associates with authority for County Judge or Court member to execute document.
D.
Health & Human Services Dept.
1.
Acceptance and approval of Architect's Supplemental Instruction (AIA G710) to CAS Companies current contractor for this project to provide additional modifications to renovation (additional drain lines, reconstruction of the east elevation and landing to meet compliance with ADA access ramp) for : Hidalgo County Health and Human Services Clinics -Renovations of Clinics project in the amount of $2,000.00 with no impact to total Contract Sum or Contract Time-line.
E.
Buildings & Grounds
1.
Acceptance, and approval of the following requests for payments as submitted by Tremco/Weatherproofing Technologies, Inc. under P.O. #614110 for the Roof Replacement Project for the building located in Pct. 3 under renovation for conversion into additional precinct offices/departments known as the Longoria Property or the Mansion.
|
a. Request for payment No. 1
|
$142,198.56
|
Inv.# 92137946
|
|
b. Request for payment No. 2
|
$94,799.06
|
Inv.# 92137947
|
|
c. Request for payment No. 3
|
$106,133.72
|
Inv.# 92137948
|
F.
Colonia Access Program Pct. 2:
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service in connection with engineering services;
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 for Aldamas I and II project.
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 for the project 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 engineering services.
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 engineering services in connection with Morning side South Subdivision.
1st._________________;2nd.__________________;3rd. __________________;
f. 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 for the project identified and detailed above and herein.
g. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service for engineering services.
h. 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 El Mesquite.
1st.__________________;2nd.__________________;3rd. __________________;
i. 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 for the project identified above and herein.
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 for Aldamas I and II project.
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 for the project 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 engineering services.
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 engineering services in connection with Morning side South Subdivision.
1st._________________;2nd.__________________;3rd. __________________;
f. 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 for the project identified and detailed above and herein.
g. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service for engineering services.
h. 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 El Mesquite.
1st.__________________;2nd.__________________;3rd. __________________;
i. 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 for the project identified above and herein.
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)
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)
21.
Adjourn