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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
September 15, 2009
1:30 P.M.

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held in the Commissioners' Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

1.
Roll Call
 
2.
Pledge of Allegiance
 
3.
Prayer
 
4.
Approval of Consent Agenda
 
5.
Open Forum
 
6.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.087 to discuss the following:
 
A.
Real Estate Acquisition
 
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
 
C.
Pending and/or potential litigation
 
D.
Claim of Guadalupe Guzman
 
E.
Claim of Baldemar Castillo
 
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 Guadalupe Guzman
 
E.
Claim of Baldemar Castillo
 
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.
Status report on 2010 Budget Process.
 
C.
1. Status Update Regarding Interlocal Agreement Between County of Hidalgo and Hidalgo County Drainage District No. 1, and matters related thereto; consider approval of any agreements.

2. Status Update Regarding Subsidiary Agreement Between County of Hidalgo and Hidalgo County Drainage District No. 1, and matters related thereto; consider approval of any agreements relating to sale or lease of personal and real property.
 
D.
Status Report regarding the SAFEGuard Project
 
E.
Approval of the 457 Plan Hardship Withdrawal request for employee #103527.
 
F.
Presentation on Plan of Finance for Certificates of Obligation, Series 2009 B-C debt issuance.
 
G.
Approval of Collaboration Agreement and/or resolution for the Pathways out of Poverty Project of the Rio Grande Valley Region
 
11.
Safety Division - Roy Quintanilha:
 
A.
Approval to accept a check (#NB91196214) from Illinois Union Insurance Company in the amount of $12,371.97 for payment in connection with the claim for Marco Torres, M-06-332-D.
 
B.
Approval to accept a check (#NB91197398) from Illinois Union Insurance Company in the amount of $72,422.55 for payment in connection with the claim for Leonel Palacios, 06-3794-E.
 
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.
Discussion and possible action on the Primary Substance Abuse Clinic.
 
13.
Urban County - Diana Serna:
 
A.
The Urban County Program is requesting approval and award of contract to Magic Valley Electric Coop in the amount of $6,531.67 for the purchase and installation of lighting at the Sunrise/Sunset Park utilizing Year 21 (2008) Precinct No. 1 Parks, Recreational Facility Improvements funds.
 
B.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional architectural services in connection with Hidalgo County Urban County Program from Program Year 21(2008) for a Parks, Recreational Facility Improvement Project in Precinct No. 1.

2. Presentation of the scoring grid of at least three (3) architectural firms from the County's approved "pool" as graded and evaluated by the Urban County Program, Hidalgo County Precinct No. 1 and Hidalgo County Purchasing Department for the purposes of ranking by CC in connection with an Urban County Program Parks, Recreational Facility Improvement Project in Hidalgo County Precinct No. 1.

3. Authority to negotiate a professional architectural service contract with the No. 1 ranked firm of _____________________ for the provision of architectural services for an Urban County Program -Hidalgo County Precinct No. 1 Parks, Recreational Facility Improvements project.
 
C.
Urban County Program for the City of La Joya is requesting consideration and action to award and enter into a Construction Contract with E-Con Group, LLC (lowest bidder meeting all specifications and/or requirements) for the Construction of Recreational Facility Phase II Project located in the City of La Joya in the amount of $340,000.00 utilizing Precinct No. 3 recaptured Year 20(2007) and La Joya Year 21(2008) and Year 22(2009) parks, recreational facilities funds.
 
D.
The Urban County Program is requesting approval and award of contract to The 5125 Company in the amount of $29,000.00 for the Clearance & Demolition project utilizing Year 20 (2007) Precinct No. 1 funds for the City of Elsa.
 
14.
Office of the County Judge:
 
A.
Presentation by Hidalgo County Metropolitan Planning Organization Director Andrew Canon.
 
15.
Planning Department - Raul Sesin:
 
A.
Presentation by Mr. Martin Almanza and Mrs. Irasema Salinas regarding a proposed subdivision, a 108.98 acre tract of land out of Tract 109, San Salvador Del Tule Grant, Hidalgo County, Texas.
 
16.
Elections Administration - Yvonne Ramon:
 
A.
Approval of contract for Election Services (Full Service) between Hidalgo County and the City of McAllen for their election to be held on November 03, 2009.
 
17.
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 2009 WIC Grant Program budget in the amount of 266,996.45.
 
18.
Sheriff's Office - Chief Martinez:
 
A.
Approval of Sheriff/Constable Fee Schedule for Year 2010
 
B.
Requesting approval for the purchase of replacement cellular phones (HGAC Contract # CW05-02) assigned to Sheriff's Office Law Enforcement Division.
Description
Qty
Unit Price
Total
Blackberry Curve
1
$ 49.99
$49.99
Motorola Buzz
50
$ .99
$49.50
 
C.
Approval to accept grant period extension for the Local Border Security Program grant administered by the Texas Border Sheriff's Coalition (TBSC).  New termination date is August 31, 2010.
 
19.
Right of Way - Joe Pena:
 
A.
Consideration and approval to purchase a certain tract of land described as Parcel # 21 a 3.02 acre tract of land out of lot 4 R. B. Curry Survey No. 4  for the Schunior Drain Extension - Cosme & Aminta Martinez
 
20.
County Clerk's Office - Arturo Guajardo, Jr:
 
A.
Approval to select names for the 2009 Grievance Committee
 
21.
Precinct #3 - Comm. Flores:
 
A.
Requesting approval to accept participation from C.K. and Coylie Koelle in the amount of $9,000.00 for road construction of Iowa Road 1000 ft north of 8 mile line.
 
22.
Budget & Management - Raul Silguero Jr.:
 
A.
Tropical Texas Behavioral Health Center MHMR (1100):
1. Approval of 2009 interdepartmental transfer from Countywide Adminstration to Tropical Texas Center MHMR in the amount of $157,162.50.
2. Approval of payment to Tropical Texas Behavioral Health Center MHMR for the fiscal year 2009 local contribution in the amount of $534,825.00 in accordance with Texas Health & Safety Code Chapter 534 Section 534.066 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by County Auditor.
 
B.
Interdepartmental transfers:
 
1.
Certificates of Obligation, Series 2006 (1336):
Approval of interdepartmental transfer within C.O., 2006 from Precinct 2 - J.P./Constables Office to Precinct 4 - Trenton (I Road - FM 493) in the amount of $500,000.00.
 
2.
Fire Marshal's (1100):
Approval of inter-departmental transfer from Alamo Fire Department (program 002) to La Joya Fire Department (program 009) in the total of $10,000 to fund fire call expenditures.
 
3.
Pct. #1 R & B (1201):
Approval of 2009 interdepartmental transfer from Pct. 1 P/U Rd, program #005, to Pct. 1 North Capisallo, program #495, in the amount of $36.00 to fund project expenditure(s).
 
4.
Courthouse Parking Lot (1100):
Approval of 2009 interdepartmental transfer from Constable Pct. #4-Courthouse Security to Courthouse Parking Lot in the amount of $941.35 to fund salaries and fringes expenditures.
 
5.
Health & Human Services Department (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Adm. To Health & Human Services Department in the amount of $35,000.00 to fund Pauper Burial Services.
 
6.
Certificate of Obligation Series 2004 (1334)
Approval of 2009 interdepartmental transfer within Certificates of Obligation, Series 2004 from various accounts to Precinct 2 - WIC/HHS in the total amount of $792,126.28 to fund a portion of the Multi-Purpose Administration Complex for Precinct 2.
 
C.
Interfund transfers:
 
1.
TxDot (1315):
A. Approval of 2009 interfund transfer from CO's 2009 Drainage Improvement project (1339) to TxDot (1315) in the amount of $512,612.08 to fund project expenditures.

CO's 2004 (1334):
B. Approval of 2009 interfund transfer from TxDot (1315) to CO's 2004 Pct No.2 (1334) in the amount of $302,907.60 to fund project expenditures.

CO's 2002 (1332):
C. Approval of 2009 interfund transfer from TxDot (1315) to CO's 2002 Pct No.2 (1332) in the amount of $209,704.48 to fund project expenditures.
 
D.
Budget Appropriations:
 
1.
Pct. #1 R & B (1201):
a. Approval of certification of revenues, as certified by County Auditor, for revenues received by the City of Mercedes in accordance with interlocal agreement between Hidalgo County and City of Mercedes for the Palm & Florida St paving improvement projects.
b. Approval of 2009 appropriation of funds for the Pct. 1 P/U Rd, program #005, in the amount of $47,854.68 to fund reimbursed expenditures for paving improvements.
 
2.
Certificate of Obligation Series 2004 (1334):
1. Approval of certification of revenues, as certified by County Auditor, for interest earned.
2. Approval of 2009 appropriation of funds for C.O 2004 Pct #2 - WIC/HHS and C.O. 2004 Pct #2 - Tax Office in the total amount of $132,671.81 to fund a portion of the Pct 2 Multi-Purpose Administration Complex.
 
3.
Approval of appropriation of funds from General Fund (1100) Fund Balance to Precinct 1 Road and Bridge (1201) in the amount of $250,000.00 and Precinct 4 Drainage Improvement (1204) in the amount of $1,400,000.00 pursuant to emergency appropriation authorized/approved by Commissioners Court on September 8, 2009.
 
E.
Salary Schedule Changes:
 
1.
a. Approval to transfer supplemental pay allowance in the amount of $2,500.00 from vacant Payroll Assistant Supervisor position, slot no. 004 to Chief Assistant Treasurer/Payroll position, slot no. 003 and pay allowance to employee no. 078328 accordingly.
b. 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.
Approval to utilize, accept proposal and purchase through Hidalgo County's membership/participation with Texas Procurement And Support Services (TPASS) awarded vendor "The NetWork, Inc.-TXMAS-0-738X020" for services requested in connection with Hidalgo County's Fraud Line Service Project in the amount as detailed;

ReportLine Program Investment
One-time Set-Up Fee------------$967.50
Annual Fee-------------------------$6,800.00 (includes Web Intake And Ad-Hoc Reporting Portal)**

**Annual Fee is for employees and general public/non employees.  Annual service fee includes up to 170 original Incident Reports per year.  Original reports over 170 will be invoiced at $35.00 per report.  This also includes 150 General Inquiry Calls (referrals, wrong numbers, etc.).  General Inquiry calls above that number will be invoiced at $4.00 per call.
 
5.
Presentation and concurrence by Hidalgo County Purchasing Agent, Budget Officer and County Auditor for approval of "ORDERS" for all General Fund Budgets and any other applicable budgets for the following:

A.  Cut-off date for the submission of Requisitions by Friday, October 16, 2009 on goods and/or services that require sufficient time to order and receive prior to 12-31-09, i.e., MAJOR PURCHASES, vehicles, furniture and/or equipment; and

B.  Cut-off date for the submission of Requisitions by Friday, December 4, 2009 on goods and/or services that require sufficient time to order and receive prior to 12-31-09, i.e., DAY TO DAY PURCHASES, items necessary for daily operations;

C.  Approval to notify all applicable departments that open purchase orders at 12-31-09 for which there is not a proper invoice and physical receipt of goods and/or services will be charged to the 2010 budgets.
 
6.
Recommending award of bid and approval of contract to sole bid received meeting all specifications and/or requirements as attached hereto for-Hidalgo County-Record and Delay Broadcast of Commissioners Court Meetings-Project No 2009-296-07-29-YZV.
 
7.
Presentation of bids received for the purposes of award with approval of contract to the bidder meeting all the specifications and/or requirements as attached hereto for "Hidalgo County-Repair, Removal & Installation of Mobile Radios, Computers & Other Emergency Misc. Equipment"- Bid #2009-163-08-19-SMA.
 
B.
Pct. 1
 
1.
Requesting approval of the following with contracted vendor, Closner Construction Company. in connection with the construction of "Culvert Crossing & Drainage Improvements Project Mile 13N & Mile 6W" with contract #C-08-320B-01-20-PO #619358 as submitted/certified by project engineer, Dos Logistics Inc.;

a.  Final Pay Application-$31,753.65;
b.  Retainage Fee-$22,900.55;
c.  Substantial Completion with date of July 25, 2009;
d.  Certificate Of Construction Completion with date of September 2, 2009
 
2.
Award of bid and approval of contract to lowest bidder meeting all specifications and/or requirements as attached hereto for: "Hidalgo County Precinct No. 1-Purchase and Application of Hydro-Mulch Material for Sunrise Hill Park- Bid #2009-368-09-09-SMA.
 
C.
WIC
 
1.
Award of proposal submitted by SimplexGrinnell LP through Hidalgo County's membership/participation with the Texas Multiple Award Schedule (TXMAS Contract-5-84070) in the amount of $217,996.45 for a Turnkey Solution-"Purchase and Installation of Surveillance Security System for all WIC Clinics/Office" to include, but not limited to, equipment, labor, installation set up and any other accessories as may be necessary.
 
D.
Colonia Access Program Pct. 2
 
1.
Acceptance and approval of Work Authorization No. 4 (with a proposed fee of $13,364.84) with Raba-Kistner Consultants, Inc. to provide Construction Materials Testing to Hidalgo County Precinct No. 2 for Various Border Colonia Access Program Round II Projects.
 
E.
Colonia Access Program Pct. 3
 
1.
Approval of final construction contract (awarded by CC on 05-05-09) for C-CAP-09-131-05-05 Road & Drainage Construction for Jessan Subdivision between Hidalgo County and M Construction, LTD in the amount of $46,783.02.
 
F.
Co. Wide
 
1.
Approval of the final contract/lease document for: Lease and/or Lease Purchase Office Space for Hidalgo County with Edinburg Real Estate Network Inc., aka, the Mediplex Facility awarded by CC on 6-8-09 with authority for County Judge or Court Member to excute and thus permitting vendor to commence the renovations with phased timeline as presented and approved by CC on 9-8-09.
 
2.
A. Recommending to reject the sole non-responsive bid received and authority to re-advertise with modified specifications and approval of procurement  packet (i.e. specifications/requirements, legal notice, draft requirement agreement etc.) as attached hereto for: "Hidalgo County - Concrete Mix and Delivery Services" Bid No.: 2009-199-10-07-ERT;

B. Approval for County to exercise the 60 day grace period extension option as provided in the specifications of the current contract for: E-08-428-09-30-Concrete Mix and Delivery Services" for Hidalgo County, under the same rates, terms and conditions with "Alamo Concrete Products, LTD", formerly known as "APC Valley, LTD dba South-Tex Concrete" effective-October 09, 2009 so as to have no lapse in service while the procurement process is completed.
 
3.
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