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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
September 22, 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.
CL-09-2510-A; Margarito Torres v. Hidalgo County Sheriff's Department
 
E.
Claim of Edith Marroquin
 
F.
C-2575-09-E; Juan Jose Munoz v. Sheriff Lupe Trevino and County of Hidalgo
 
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-09-2510-A; Margarito Torres v. Hidalgo County Sheriff's Department
 
E.
Claim of Edith Marroquin
 
F.
C-2575-09-E; Juan Jose Munoz v. Sheriff Lupe Trevino and County of Hidalgo
 
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 renewal of members to the Hidalgo County Child Welfare Board, Inc.
 
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.
Discussion, consideration and action on the Proposed 2010 Salary for Justice of the Peace, Pct. 2, Pl. 1 as per Section 152.016 of the Texas Local Government Code
 
E.
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 settlement check from Old American County Mutual Fire Insurance Company in the amount of $372.97 for an auto accident with County vehicle (District Attorney Office).
 
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.
1.  Requesting approval to accept the attached FY 2010 CPS / PHER Contract #2010-033343, Attachment #001, in the amount of $684,409.00 for the period 9/15/2009 to 7/31/2010.

2.  Approval of Certification of Revenues as certified by the County Auditor for the FY 2010 CPS / PHER Contract.

3.  Requesting approval of the attached FY 2010 CPS / PHER Contract Budget and Salary Schedules for the period 9/15/2009 to 7/31/2010 (Account #9-1293-441-00-340-042-0).
 
13.
Emergency Services Division - Tony Pena:
 
A.
Discussion, consideration, and action regarding the lifting of the Burn Ban which is currently in effect until October 11, 2009. 
 
14.
Urban County - Diana Serna:
 
A.
The Urban County Program requests approval of an amendment to the Subrecipient Agreement with the Food Bank of the Rio Grande Valley (Public Services – General) in the total amount of $50,000.00 for the Urban County Program Year 22 (2009).
 
B.
Hidalgo County Urban County Program on behalf of Hidalgo County Precinct # 3 is requesting authorization to approve an Interlocal Agreement with Hidalgo County Irrigation District No. 6 for the installation of water pipelines at Brushline Road and 8 Mile intersection of 4 B-8 lateral and intersection of the 4B Main Canal. Hidalgo County Precinct No.3 will utilize Urban County Program Year 21 (2008) street improvement funds.
 
C.
The Urban County Program is requesting approval of a best and final negotiated contract with Guzman & Muñoz Engineering and Surveying, Inc. in the amount of $26,426.00 utilizing Year 21 (2008) funds for Street Improvements (overlay & 6 new concrete valley gutters) project within the City of Edcouch.
 
D.
The Urban County Program is requesting the award of bids and approval of contracts for the demolition and reconstruction of the following:

(1) Unit in the City of San Juan, (1) Unit in the City of Alamo, (1) Unit in the City of Mercedes and (1) Unit in the Countywide area in the amount of $162,900.00 to CRG HOMES INC.
 
E.
1. Requesting approval to re-certify the Affordable Homes of South Texas, Inc. (AHSTI) and Proyecto Azteca as Community Housing Development Organization (CHDO's) within the County of Hidalgo.

2. Requesting approval to execute the 2009 HOME/CHDO contracts for Affordable Homes of South Texas, Inc. (AHSTI) and Proyecto Azteca.
 
15.
Office of the County Judge:
 
A.
Presentation of proclamation for Hidalgo County Family Day, A Day to Eat Dinner With Our Children, 2009.
 
B.
Presentation of Best Practice Award from the Texas Association of Counties Leadership Foundation for the "Levee/Barrier Project and Deaf Link Project.
 
C.
Presentation, discussion, and possible action relating to the interlocal agreement between Hidalgo County and Hidalgo County Regional Mobility Authority for Transportation Reinvestment Zone Number One, Hidalgo County.
 
16.
Planning Department - Raul Sesin:
 
A.
1. Preliminary Approval of Subdivision Plat 
    a.  Fernandez Subdivision – Pct. 2 (Luis Carlos Fernandez)
    b.  Adame Southwest Subdivision – Pct. 1 (Oscar Adame)
    c.  E.C.I.S.D. Elementary School No. 30 Subdivision – Pct. 4 (Edinburg CISD) 
    d.  C.I.S.D. Middle School No. 5 Subdivision – Pct. 4 (Edinburg CISD)

2. Final Approval of Subdivision Plat
    a.  Diana Cardenas Estates – Pct. 3 (Diana G Cardenas)
    b.  Sibley Haven Subdivision – Pct. 1 (Irasema Trevino)
    c.  Rancho Hernandez Subdivision – Pct. 3 (Ruben Hernandez)
    d.  JG Subdivision – Pct. 1 (Maria Guerrero)
    e.  Santos Villanueva Subdivision – Pct. 1 (Santos Villanueva)
 
17.
Elections Administration - Yvonne Ramon:
 
A.
Approval of contract for Election Services (full service) between Hidalgo County and the City of Palmhurst for their election to be held on November 3, 2009.
 
18.
Head Start Program - Teresa Flores:
 
A.
Discussion/Approval to Submit the 2010 Continuation Application to the Department of Health and Human Services Administration for Children and Families (ACF)
 
B.
Discussion/Approval to Advertise for Sealed Bids and Approval of Draft Specificatons for the Repairs to Head Start Administration Building an the Following Head Start Centers:  Alton, Donna I, Las Milpas I, Pharr, Palmview I, Palmview II, San Juan I, San Juan II, Western Road
 
C.
1.  Requesting Exemption from Competitive Bidding Under the Texas Local Government Code 262.024(a)(4) A Professional Service/Architectural Services;
2.  Presentation of the Scoring Grid of at Least Three (3) Architectural Firms from the County's Approved "Pool" as Graded and Evaluated for the Purposes of Ranking by Commissioners' Court in Connection with Hidalgo County Head Start Program for the Construction of Three (3) Two-Classroom Facilities; 

a.__________________; b. __________________; c. __________________;
3.  Authority for Head Start Program to Negotiate a Professional Architectural Service Contract with the No. 1 Ranked Firm of _________________for the Construction of Three (3) Two-Classroom Facilities .
 
D.
Discussion/Approval to Purchase Six (6) School Buses through the Hidalgo County's Membership/Participation with: CO-OP Purchasing Program /Texas Comptroller of Public Accounts/TPASS to solicit proposals through the open market process/option within a budget of $414,000.00.
 
E.
Discussion/Approval of Training and Technical Assistance (T/TA) Plan
 
F.
Discussion/Approval of request to purchase playground equipment and classroom supplies through the Hidalgo County's Membership/Participation with Texas Association of School Board (TASB) Program Awarded Vendors:  ExerPlay, Inc.; Kaplan Early Learning Company; National Educational Systems, Inc., not to Exceed $340,371.00
 
G.
Discussion/Approval of Financial Report for:  August 2009
 
H.
Discussion/Approval of Revision to Expansion Application under the American Recovery and Reinvestment 
Act (ARRA).
 
I.
Discussion/Approval of Revision to One Time Funding Application
 
J.
Discussion/Approval of Hourly Rate Adjustment for Legal Services
 
K.
Disussion/Approval for Consideration and Acceptance of Providers Meeting all Specification and Requirements for the Following Request for Qualifications (RFQs):
1.  Medical & Dental RFQ#:2009-05-039
2.  Mental Health     RFQ#:2009-05-040
3.  Special Services  RFQ#:2009-05-041
 
19.
Sheriff's Office - Chief Martinez:
 
A.
Approval of Sheriff/Constable Fee Schedule for Year 2010.
 
20.
Right of Way - Joe Pena:
 
A.
1. Hidalgo County Irrigation District No. 16:
a. Propose to install a 12" irrigation line alone Mile 4 Line Road by Open-cut, 4' in depth. (Iowa & Mile 4)
 
21.
County Clerk's Office - Arturo Guajardo, Jr:
 
A.
Approval of claim/invoice #041924 from Landata Technologies in the amount of $2,400.00 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor. 
 
22.
District Clerk - Laura Hinojosa:
 
A.
Discussion, consideration and approval of an Agreement between Hidalgo County and First National Bank to conduct a passport fair at FNB location in Mercedes, Texas.
 
23.
Precinct #2 - Comm. Palacios:
 
A.
Discussion, consideration, and approval of Interlocal Cooperation Agreement between the County of Hidalgo and City of San Juan, Texas for FM 2557 (Stewart Road) Project.
 
B.
Discussion, consideration, and approval of Interlocal Cooperation Agreement between Hidalgo County and Valley View Independent School District for road improvements to intersection at McColl Rd & Dicker Road.
 
24.
Budget & Management - Raul Silguero Jr.:
 
A.
Juvenile Probation Department:
1.  Approval and acceptance of grant award from the Criminal Justice Division in the amount of $38,148.00 for CJD JAIBG grant, with authority for County judge to sign the required documentation.
2.  Approval of Certification of Revenues as certified by the County Auditor for the CJD JAIBG grant (1286) for FY2010.
3.  Approval of 2009 interfund transfer from County Wide Administration (1100) to CJD JAIBG grant (1286) in the amount of $4,239.00 to fund the county's portion (local cash match) for CJD JAIBG grant.
4.  Approval of appropriation of funds for the Juvenile Probation - CJD JAIBG grant (1286) for FY2010 in the total amount of $42,387.00.
 
B.
2010 Budget Process:

1. Presentation, discussion, and appropriate action on the 2010 Proposed Annual Budget.
2. Set date, time, and place to adopt the 2009 Tax Rate.
3. Set date, time, and place to adopt the 2010 Annual Budget.
 
C.
Interdepartmental transfers:
 
1.
Facilities Management (1100):  
Approval of 2009 interdepartmental transfer from Co. Wide Adm. To Facilities Management Department in the amount of $12,705.00 to fund software expenditure.
 
2.
IT Dept./Co. Wide (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Administration to the IT Dept Co. Wide in the amount of $45,000.00 to fund purchase of the Co. Wide Surveillance and Access Control System.
 
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 Diana Estate - Curry Drain ROW (program 065) in the amount of $200.00 to cover project expenditures.
 
4.
District Clerk (1100):
Approval of 2009 Interdepartmental transfer from Co. Wide Administration (1100) to District Clerk in the amount of $10,000.00 to fund anticipated postage expenditures.
 
D.
Interfund transfers:
 
1.
TxDOT (1315):
a. Approval of 2009 interfund transfer from CO's 2009 Drainage Improvment project (1339) to TxDOT (1315) in the amount of $531,455.13 to fund project expenditures.

CO's 2002 (1332):
b. Approval of 2009 interfund transfer from TxDOT (1315) to CO's 2002 Pct No.2 (1332) in the amount of $531,455.13 to fund project expenditures.
 
E.
Budget Appropriations:
 
1.
DBM - Workers' Comp. (2202):
Approval of 2009 appropriation of funds into Workers' Compensation (program #062) in the amount of $1,200.00 and Headstart Workers' Compensation (program #063) in the amount of $2,200.00.
 
2.
Pct. #3 R & B (1203):
a. Approval of Certification of Revenues as certified by the County Auditor for revenues received by C.K. and Coylie Koelle for road construction of Iowa Road (1000 ft north of 8 mile line).
b. Approval of 2009 appropriation of funds into Precinct No. 3 P/U Rd (program no. 005) in the amount of $9,000.00 to fund road construction expenditures. 
 
F.
Salary Schedule Changes:
 
1.
Elections Dept. (1100)
a.  Approval of deletion and/or reclassification of the following postions, reviewed and recommended by reclassification committee, as per section 3.22 of the Civil Service Commission Rules:

Action
Slot No.
Current Position Title
Proposed Position Title
Current Salary
Proposed Salary
Difference
Delete
0019
Data Processor I (vacant)
N/A
$24,000.00
$0.00
($24,000.00)
Reclassify
0011
Elections Specialist Assistant
Executive Assistant II
$28,980.00
$44,410.00
$15,430.00
Reclassify
0015
Data Processor II
Administrative Assistant III
$25,500.00
$30,224.00
$4,724.00
Reclassify
0086
Street Indexing Specialist
Elections Project Coordinator 
$34,000.00
$37,109.00
$3,109.00
 
 
 
 
Total Adjustments: 
 ($737.00)

b.  Approval of revised salary schedule.
 
2.
Building Minor Structures/ Facilities Management Dept. (1100):
a.  Discussion, consideration and approval to change the funding source for the Building Minor Structure (220-002) to the Facilities Management Department (220-001) as part of the organizational realignment of the department. Effective next full pay period.
b.  Approval of 2009 interdepartmental transfer.
c.  Approval of revised salary schedule.
 
3.
Pct. #4 R&B (1204)
a. Approval to create one (1) regular full-time Accounts Payable Clerk position, slot # 0056, budgeted salary $22,345 per year.
b. Approval of intradepartmental transfer
c. Approval of revised salary schedule.
 
25.
Purchasing Department - Marty Salazar:
NOTES:  
1.  FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES  OF THE CONTRACT(S) WILL BE FORWARDED TO HIDALGO COUNTY AUDITOR'S OFFICE.
2.  ANY/ALL REQUESTS FOR ACCEPTANCE AND APPROVAL OF CLAIMS/INVOICES UNDER THIS AGENDA WILL INCLUDE AUTHORITY FOR AUDITOR TO ISSUE PAYMENT AFTER REVIEW, AUDIT AND PROCESSING PROCEDURES ARE COMPLETED 
 
A.
Hidalgo County
 
1.
Current inter-local(s) and/or contract(s) for the "Housing of Inmates"
 
2.
Presentation for discussion, consideration and action
Including, but not limited to, the following items in connection with New Adult Detention Center:
         a)  Detention Facility Law Enforcement Center Design- Build Contract with including action regarding Landmark Application for payment, final punch list and release of retainage
         b)  Construction of additional pod(s)
         c)  Selection and engagement of an architect for the construction of additional pods
 
3.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
        a) Renovations of administration building
        b) Other ongoing county owned building construction, renovation repair projects 
        c) Emergency situations occurring since last agenda meeting
 
4.
Requesting approval to complete and submit an upgrade credit application to the current account from GCR Tire Centers, awarded vendor through TXMAS 7-261020-55 for the Extension Service Department with authority for County Judge or Court Member to execute.
 
5.
a.   Requesting authority to exercise the sixty (60) day grace period extension with effective date of 09-28-09 through 11-27-09  (as provided in specifications) for "Title Company Services (Pool)" under the same rates, terms and conditions with the following providers so as to have no lapse in services while procurement process is completed under project RFQ No. E-08-468-09-23:
1.  Valley Land Title Company, Ltd.; B. Edwards Abstract & Title Company; and, C. Sierra Title Comapany;

b.   Requesting authority to advertise a procurement process (RFP or RFQ, whichever applicable) with approval of basic procurement packet for:  Title Company Services (Pool) for Hidalgo County
 
6.
Presentation for approval of the final negotiated services agreement with awarded vendor, Easy Access, Inc., for "Credit Card Payment Services-Hidalgo County".  RFP No. 2009-040-06-10-otm
 
7.
a.  Correspondence received (attached hereto) from consulting engineer, Raba Kistner after review of received coop proposal, recommending Hidalgo County to solicit a sealed competitive proposal process  tilizing specification, requirements, scope of work developed and drafted by Raba Kistner for: Hidalgo County - Asbestos Abatement for the Old Administration Building w/Option to Remove Bat Guano"; and, if approved;

b.  Approval to reject the proposal received from Chemical Response & Remediation Contractors, Inc. (through Hidalgo County's membership/participation with TIPS (The Interlocal Purchasing System's awarded vendor) for the provision of labor, materials and related accessories, as per specifications developed by Raba Kistner Consultants, Inc. for "Hidalgo County -Asbestos Abatement for the Old Administration Building with option for removal of Bat Guano"-project #09-071D-total amount of $98,288.00-($88,318.00 for Asbestos Abatement only+$9,970.00 for Bat Guano removal option).
 
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 in connection with surveying services for Pct. #1 projects;
b. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" of surveyors in connection with professional Surveying Services required for Pct. #1 projects; 

1st.__________________;     2nd.__________________;     3rd.__________________ ;
c. Authority for the Purchasing Department to negotiate a professional Surveying Services Contract with the No.1 ranked firm of ___________________________ for the provision of Surveying  Services for Pct. #1 projects.
 
C.
Pct. 2
 
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A)(4) a professional service/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" of engineers in connection with "On-call Engineering Services" for Pct. #2;

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 "On-call Engineering Services" for Pct. #2.
 
2.
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" of engineers in connection with "Construction Material Testing Engineering Services" for Pct. #2;

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 "Construction Material Testing Engineering Services" for Pct. #2.
 
D.
Pct. 3
 
1.
Requesting approval of Change Directive No. 4 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.
 
2.
Acceptance and approval of Work Authorization No. 4 (with an estimated cost of $3,800.00) with Javier Hinojosa Engineering to provide engineering services for the "One (1) acre tract for the USDA Tick Vat No. 100" located in Havana, Texas - Contract No. C-09-176-04-28.
 
E.
Pct. 4
 
1.
Requesting approval to exercise the option to renew/extend the additional one (1) year option as provided in the current contract #C-08-317-09-30- "Hauling Services of All Road Materials (Excluding Hot-Mix) for Pct. 4" by and between Hidalgo County and Roy's Hauling Services, Inc. under the same rates, terms and conditions with renewal/extension date effective September 30, 2009 with termination date of September 29, 2010.
 
F.
IT Department:
 
1.
Recommending award of bid and approval of contract to the lowest bidder meeting all specificiations  and/or requirements as attached hereto for  request for bids for- "Flat Rate Wireless Service to Include Equipment" -Hidalgo County (Bid No. 2009-231)
 
G.
Colonia Access Program Pct. 2
 
1.
Presentation for approval of final construction contract (CC previously approved to award on 08-04-09) for C-CAP-09-288-08-04 Road & Drainage Construction for Esperanza Estates Subdivision between Hidalgo County and Total Commitment, LLC the amount of $131,181.00.
 
2.
Presentation for consideration, discussion, acceptance and approval of Change Order No. 2 with contractor Total Commitment, LLC for Los Encinos No. 1 and Los Encinos II Subdivisions, Pct. No. 2 reflecting a net increase in the amount of $4,704.00 due to reinstating installation of two street entrance culverts, and 14 calendar days added, as submitted through project engineer Izaguirre Engineering Group, LLC - C-CAP-09-128-05-05
 
H.
Colonia Access Program Pct. 3
 
1.
Presentation for approval of final construction contract (CC previously approved to award on 08-25-09) for C-CAP-09-286-08-25 Road & Drainage Construction for Basham Subdivision No. 18 between Hidalgo County and Total Commitment, LLC in the amount of $104,309.12.
 
I.
Sheriff's Office
 
1.
Requesting authority to purchase through Hidalgo County's membership and participation with TASB/Buyboard Cooperative Purchasing Program (Contract No. 281-07) awarded vendor Philpott Motors for "Hidalgo County Sheriff's Office - One New Crime Evidence Collection Vehicle" with all necessary equipment and/or accessories (as developed and requested by Hidalgo County Sheriff's Department) in the amount of $267,820.09 which includes Buy-board fees-Project No. 2009-370-MEG.
 
J.
Co. Wide
 
1.
HIDALGO COUNTY RE: REAL ESTATE ACQUISITIONS-
Requesting authority to obtain and approval of (when applicable), including, but not limited to, the following items necessary in anticipation of real property/estate acquisition(s): fair market value appraisals, inspections, surveys, all phases-environmental assessments, title reports or title policies services, commercial contracts (improved property) or option contracts with authority for County Auditor to issue required earnest money payment(s) or option payment(s) and County Judge or Presiding Officer to execute necessary/required document(s)
 
26.
Adjourn