Skip to main content

AgendaQuick™

Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
September 29, 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.
Mario Leal & Adelaida Leal vs. Hidalgo Co. et al
 
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.
Mario Leal & Adelaida Leal vs. Hidalgo Co. et al
 
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.
Presentation by Jennifer Catalani regarding Texas Special Task Unit - Adult Protective Services
 
C.
Personnel Policies/Procedures:
 
1.
Discussion, consideration, and action on revised Employment Procedures and Practices - Chapter 6 of the Hidalgo County Personnel Policy Manual.
 
2.
Approval to waive new employee enrollment procedures to fill key vacant position , slot no. 0090, under the Facilities Management Department.
 
11.
Safety Division - Roy Quintanilha:
 
A.
Approval to accept settlement check from State Farm Insurance Agency in the amount of $1,014.26 for an auto accident with a County vehicle (Buildings & Grounds).
 
12.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
13.
Emergency Services Division - Tony Pena:
 
A.
Fire Marshal's Office:
Discussion and approval of the following 2009 Interlocal Cooperation Agreement:

1. Hidalgo Fire Department
 
14.
Community Service Agency:
 
A.
1. Request for approval for CSBG Amendments 2 and 3 for Contract 61090000375 for FY 2009.
2. Request for approval for CSBG ARRA Contract 11090000552 for FY 2009 to 2010.
3. Request to enter into Interlocal Agency Agreement between CHCSA and the Lower Rio Grande Valley Workforce Development Board.
4. Request for approval for CEAP Amendment 1 for Contract 58090000427.
5. Request for electronic authorization for financial and programmatic reporting to meet contractual obligations.
 
15.
IT Department - Renan Ramirez:
 
A.
Elections Department:
1. Authorization to purchase REQUISITION # through the County's membership/participation with DIR contract # DIR-SDD-597 with awarded vendor AT&T for the following services:

Quantity:
Description:
Unit Cost:
Total Cost:
Notes:
9
AT&T Government Pool Plan 500 min. (with penny suspend)
$49/mo.-26%=$36.26/mo + .09 x 3 months
$979.29
Some Government fees apply to service cost.
9
Pantech c520 handset
$0
$0
 

2. Approval of the attached application for cellular phone service request under the county's newly adopted cell phone policy.
 
B.
Discussion, Consideration and Action on the following IT Policies: 
1. IT Security Policies (Amended) 
2. IT Uniform Policy 
3. IT Vacation Leave Policy
 
C.
Constable Pct. #3:
1. Authorization to purchase REQUISITION # 161611 through the County's membership/participation with HGAC CW05-02 with awarded vendor SPRINT for the following services:

Quantity: Description: Unit Cost: One Time Equipment Cost: Total Cost: Notes:
8 GPS $28.86 each X 3 months $799.92 $1,954.32 Monthly Service Fee: $923.52 Attached please find quote and request forms.

2. Approval of the attached applications for gps service request under the county's cell phone policy.
 
16.
Urban County - Diana Serna:
 
A.
Hold Public Hearing to consider public comments on the County of Hidalgo's 2008 Consolidated Annual Performance and Evaluation Report (CAPER) prior to submission to the U.S. Department of Housing and Urban Development.
 
B.
Approval of a Subrecipient Agreement with Texas Rio Grande Legal Aid (TRLA) and Urban County Program-Homelessness Prevention and Rapid Re-Housing Program (HPRP).
 
C.
Hidalgo County Urban County Program on behalf of Hidalgo County Precinct # 3 is requesting authorization to approve an Interlocal Agreement with City of Palmview for the overlay of Moorefield Road south of FM 495. Hidalgo County Precinct No. #3 will utilize Urban County Program Year 20 (2007) Palmview recaptured street improvement funds & Year 21 (2008) Precinct No 3 Street improvement funds.
 
D.
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.
 
E.
Approval of a Subrecipient Agreement with Valley Initiative for Development & Advancement (VIDA) and Urban County Program-Homelessness Prevention and Rapid Re-Housing Program (HPRP).
 
F.
Urban County Program for the City of Hidalgo is requesting authority to purchase fire station equipment from Hoyt Breathing Air Products (lowest bidder meeting all specifications and/or requirements) in the amount of $34,873.20 ($4,359.15 per unit x 8 units) for the Hidalgo Fire Department utilizing Hidalgo UCP Year 20(2007) and Year 22(2009) fire station/equipment funds.
 
G.
Approval of a Subrecipient Agreement with The Salvation Army and the Urban County Program-Homelessness Prevention and Rapid Re-Housing Program (HPRP).
 
H.
Approval of a Subrecipient Agreement with Advocacy Resource Center for Housing (ARCH) and Urban County Program-Homelessness Prevention and Rapid Re-Housing Program (HPRP).
 
I.
Approval of a Subrecipient Agreement with Catholic Charities of the Rio Grande Valley and Urban County Program-Homelessness Prevention and Rapid Re-Housing Program (HPRP).
 
17.
Constables:
 
A.
Constable Pct. #3:
Appointment of Deputy Constable as per Texas Local Government Code Section 86.011.
 
18.
Planning Department - Raul Sesin:
 
A.
1. Preliminary Approval of Subdivision Plat:
a.  La Tierra De Rosa Subdivision – Pct. 4 (Erik Cavazos)
b.  Salvador Estates Subdivision – Pct. 4 (Salvador Centeno)

2. Final Approval of Subdivision Plat:
a.  Rancho Hernandez Subdivision – Pct. 3 (Ruben Hernandez)
b.  Canuck Village Subdivision – Pct. 1 (Paul Daniec)
c.  Estate One Subdivision – Pct. 1 (Rosa Campos)
d.  Viva Las Vegas Phase II Subdivision – Pct. 4 (Richard Garza)
e.  Tierra Bendita Expressway Heights Subdivision – Pct. 1 (Kyle Bennett)
 
19.
Head Start Program - Teresa Flores:
 
A.
1.  Requesting Exemption from Competitive Bidding under the Texas Local Government Code 262.024.(a)(4)A Professional Service/Legal Service
2.  Discussion/Approval to Negotiate Contract for Legal Services with Present Provider 
 
B.
Discussion/Approval of Appointment of One (1) Community Representative by each member of the Commissioners' Court, to serve on the Hidalgo County Head Start Program Policy Council, for a one (1) year term according to 45 CFR Chapter XIII, 1304.50 (b)(1)-(b)(7) beginning October 2009
 
20.
Indigent Defense - Isidro Sepulveda:
 
A.
1.  Requesting authorization and approval to submit the grant application and resolution to the Texas Task Force on Indigent Defense for the Indigent Defense Formula Grant in the amount of $328,153.00.

2.  Authorization for County Judge to sign the required documents.
 
21.
Sheriff's Office - Chief Martinez:
 
A.
Sheriff's Office DEA Overtime:
1.  Approval for acceptance of cooperative agreement between the Hidalgo County Sheriff's Office and the U.S. Department of Justice, Drug Enforcement Administration.
2.  Approval of Certification of Revenues by the County Auditor for the DEA cooperative agreement for overtime.
3.  Approval of appropriation of funds in the amount of $16,903.25.
 
B.
Sheriff's Office OCDETF- (1284):
1.  Approval of overtime program agreement between the Organized Crime Drug Enforcement Task Forces (OCDETF) and the Hidalgo County Sheriff's Office. 
2.  Approval of Certification of Revenues as certified by the County Auditors for the OCDETF agreement.
3.  Approval to appropriate overtime funding of $12,000.00 in reference to investigation #SW-TXS-0740H. 
 
C.
1.  Approval of the Organized Crime Drug Enforcement Task Forces (OCDETF) Agreement between the Hidalgo County Sheriff's Office and the Drug Enforcement Administration McAllen District Office/Houston Division Office OCDETF Strike Force Group D-81.
2.  Approval of Certification of Revenues as certified by the County Auditor for the OCDETF Grant Contract.
3.  Approval to appropriate OCDE Grant award in the amount of $66,544.00.
 
22.
Right of Way - Joe Pena:
 
A.
Consideration and approval to purchase a certain tract of land described as Parcel 1 & 2 being a 0.21 and a 0.31 acre tract of land out of Lot 6, R.B. Curry Survey No. 2 for the Schunior Drain Extension Project.
 
23.
Budget & Management - Raul Silguero Jr.:
 
A.
1. Public hearing on the 2010 Proposed Budget as per Texas Local Government Code 111.067.
2. Discussion, consideration, and action on changes and corrections to the 2010 Proposed Budget.
3. Approval to set salaries, allowances, and other compensation for Fiscal Year 2010. 
4. Adoption of the 2010 Annual Budget.
5. Adoption of the 2009 Hidalgo County Ad Valorem Tax Rate.
 
B.
Presentation, discussion, consideration, and approval of an Order authorizing issuance, sale and delivery of Hidalgo County, Texas Certificates of Obligation, Series 2009B and Series 2009C; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law and a limited pledge (never to exceed $1000) from the surplus net revenues from the operation of the County's Parks as authorized pursuant to Chapter 320, Local Government Code; prescribing the terms and form thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the certificates; and making other provisions regarding such certificates and matters incident thereto.
 
C.
Interdepartmental transfers:
 
1.
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 L J Drainage Project (program 038) for Drain Ditches in the amount of $100,000.00.
 
2.
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 #2 Subdivision (program 240) in the amount of $10,000.00 to fund project 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 Trenton Drain (program 072)
in the amount of $ 17,500.00 to cover project expenditures.
 
4.
Constable Pct. #4:
Approval of 2009 interdepartmental transfer from Constable Pct. #4 Parking Lot Security to Constable Pct. #4 in the amount of $900.00 to fund expected expenditures.
 
5.
Fire Marshal's Department (1100):
Approval of the 2009 interdepartmental transfer from Elsa Fire Department (program 007) to Alton Fire Department (program 003) in the total of $35,000 to fund for fire call expenditures.
 
D.
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 $302,907.60 to fund project expenditures.

CO's 2004 (1334):
a. Approval of 2009 interfund transfer from TxDOT (1315) to CO's 2004 (1334) in the amount of $302,907.60 to fund project expenditures.
 
E.
Budget Appropriations:
 
1.
BCAP Round II (1311):
Approval to amend the BCAP Round II budget for various colonias in the amount of ($2.17) due to rounding adjustments.
 
F.
Salary Schedule Changes:
 
1.
Pct. #3 R&B (1203)
a.  Approval to delete one (1) vacant regular full-time Maintenance II position, slot no. 037, budgeted salary $28,366.00 per year.
b.  Approval to create one (1) regular full-time Heavy Equipment Operator III position, slot # 072, budgeted salary $33,600.00 per year.
c.  Approval of revised salary schedule.
 
24.
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.
Pursuant to the current agreement titled "Depository Bank Contract", (Page 1, Section 3.), a request by FNB for Commissioners Court to substitute a Depository Pledge Agreement as required on Page 2, Sections 6. & 7. currently with Amegy Bank for Collateral with a new Depository Pledge Agreement with The Independent Bankers Bank (TIB) and thus complying with FNB's obligations under the Depository Bank Contract with Hidalgo County including authority to execute three original documents (as submitted by FNB) by County Judge, Court Member(s), Treasurer or applicable party.
 
5.
a.  Clarification of expiration date and ratification of  ninety (90) grace period extension option (as permitted under current agreement) with KMBH for the provision of tape and rebroadcast services through October 12, 2009 under the same rates, terms and conditions as it is in the best interest of the County to do so;

b.  Requesting final determination by Commissioner's Court on the following options for rebroadcast air times, including, but not limited to:

1.   Thursdays - from 8:00 - 10:00 p.m. which will not include any over-run of meeting; or,

2.   Tuesdays - 10:00 p.m. with the guarantee that the meeting will be aired in it's entirety (i.e. over the two (2) hours); or,

3.   Option to delete airing portions of meeting (i.e. public forum, pledge, prayer, etc.) in order to complete both HCDD#1 and Commissioner Court meeting within the two (2) hour time slot proposed by KMBH on Thursdays from 8:00 - 10:00 p.m.;

c.  Notification that current bid award to KMBH continues to rebroadcast meetings at 10:00 p.m. on Tuesday, until final contract document details Commissioners Court's date and air-time determination which will impose an effective date on new award of October 13, 2009 for new contract term.
 
6.
a.  Correspondence received from participating vendor (attached hereto), Five Star Clarke Construction, LLC stating that due to a "written numerical error" on first item of bid page" plus other pricing errors (that would impact the company's ability to honor and complete the work), the company requests that Commissioners Court permit and allow the withdrawal of the submitted bid; and , if approved,

b.   Recommendation by project engineer, R. Gutierrez Engineering Corporation of the bids received for the purposes of award for "Civil-Site Work for Hidalgo County Precinct No. 2 Office Complex Subdivision" to lowest responsible bidder meeting all specifications- and/or requirement for RFB No. 2009-037B-09-02-otm.
 
7.
a.  Presentation by project architect, V A Architecture, of tabulation sheet of the seven (7) original bids received for this project reflecting compliance with bid bond requirements and notation that CRC Design Consultants bid bond of $204,000.00 does not include the 5% bond (of greatest bid total submitted)which should translate to a bid bond in the amount of $223,350.00 and thus disqualifying the bid from consideration by Commissioners Court;

b.  Presentation and recommendations by project architect, V A Architecture, of the qualifying lowest responsible bids received meeting all specifications and/or requirements for the purposes of award for the "Construction of New Precinct No. 2 Administrative Offices for Hidalgo Co. & Other Co. Offices" which includes, but is not limited to, base bid and up to four (4) alternates as may be permitted through the funds available for the project - Bid No. 2009-037a-09-02-otm.
 
8.
As requested through Health Benefits Director, approval of a modification/amendment to the current Hidalgo County Third Party Administrator (Excess Worker's Compensation) contract with "TriStar Risk Management" as they are in possession of the information to act as the "Reporting Agent" for "CMS Mandatory Insurer Reporting (MIR) directives per Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007", required by Employers for reporting liability insurance including self-insurance, no-fault insurance and workers' compensation, with a per claim fee of $7.85 (based on an estimated 400+ claims annually) .
 
B.
Pct. 1
 
1.
Requesting approval of WA #3 in the amount of $17,500.00 from Quintanilla, Headley & Associates, Inc. in connection to surveying services for: "Paved/Un-Paved County Roads Projects" (on an as needed basis) for Pct. #4, Contract No. C-08-433-11-04 for: San Carlos Drainage Imp. Projects - Trenton Drain (from Alamo Road to existing Drain Ditch East of Tower Road).
 
2.
Approval of an Interlocal Agreement between Hidalgo and Cameron Irrigation District No. 9 and Hidalgo County for the purchase and delivery of  water to the extent surplus water available to District for Irrigation of land described as Sunset Park-Campacuas Block 99 Lot 15 located in Precinct #1 including the proration of the Agreement from 10/01/2009 through 12/31/2009 @ ($767.97) and thereafter for a one (1) year term commensing 01/01/2010 and expiring on 12/31/2010 ($ 3,071.86) with authority for County Judge or Court Member to execute applicable document(s).
 
C.
Pct. 4
 
1.
Approval of final construction contract (awarded by CC on 09-08-09) for C-09-336-09-08-"Monte Cristo Drain Culvert Crossing Precinct No. 4 (San Carlos Drainage Improvement Project)" between Hidalgo County and O.G. Construction Co., LLC in the amount of $34,330.00 - project engineer: Quintanilla, Headley & Associates, Inc. 
 
D.
Health & Human Services Dept.
 
1.
Requesting authority for Hidalgo County to purchase "One (1) New 2010 Ford F-250 4x4 Crew Cab Shortbed" through Philpott Motor Company, Port Neches, Texas, the County's participation/membership with TASB Buyboard #281-07 as requested by Health Department in the amount of $24,433.00 which includes, but is not limited to, delivery and a one time Buyboard Administrative fee of $400.00 - Project #09-421-OGG.
 
E.
Budget & Management
 
1.
a.  Approval to purchase Maintenance Management Software with Annual Priority Support ($8,210.00) and Training Services (three days-$3,295.00 + travel expenses) through Hidalgo County's membership/participation with Texas Procurement And Support Services (TPASS) awarded vendor "MicroMain Corporation-TXMAS-5-700200" in connection with Hidalgo County's Facilities Management Department Organizational Realignment in connection with automating work orders, scheduled preventive maintenance, asset histories, inventory /budget control,  fleet management, etc.;

b.  Requesting authority to purchase computer software, equipment and/or peripherals through our membership/participation with Department of Information Resources (DIR) awarded vendor "Dell - DIR-SDD-890-TX" to support the above mentioned software system in the amount of $1,244.25.
 
F.
Colonia Access Program Pct. 2
 
1.
Acceptance and approval of Change Order No. 1 with contractor Valley Paving, Inc. for Las Milpas Subdivision, Pct. No. 2 reflecting a (decrease) in the amount of ($3,120.40) because of final quantitative adjustments as submitted through project engineer, R. Gutierrez Engineering Corporation-(C-CAP 09-178-06-23).
 
G.
Colonia Access Program Pct. 3
 
1.
Acceptance and approval of the following items submitted by Asago Construction, contracted vendor for La Homa Groves Estates Subdivision Project #C-CAP-09-129-07-07 as reviewed/submitted by project engineer, Izaguirre Engineering Group, LLC:

a.  Application for Payment No. 2 (Final) - $41,335.56; 

b.  Change Order No. 2 (decrease) of $2,847.00 - paved areas were 29 square yards less than expected resulting in reduced quantities for roadway items.
 
H.
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)
 
25.
Adjourn