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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
October 6, 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, 551.074 & 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.
Duties & evaluation of Veterans Service Officer
 
E.
Potential Litigation - Notice of Claim - Miguel Saldana
 
F.
Claim of AT&T
 
G.
Claim of Melissa Flores
 
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.
Duties & evaluation of Veterans Service Officer
 
E.
Potential Litigation - Notice of Claim - Miguel Saldana
 
F.
Claim of AT&T
 
G.
Claim of Melissa Flores
 
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 2010 Proposed Holidays
 
C.
Pursuant to Article ยง81.005(a) (Terms of the Court Meeting) of the Texas Local Government Code, consideration and entering of an Order into the minutes the designation of the day of the week and week of the month of Hidalgo County Commissioners' Court Regular Term Meeting Tex. Loc Gov. Code ORDER OF THE COURT:
HIDALGO COUNTY COMMISSIONERS' COURT
Week of the Month: _________________
Day of the Week: ___________________
Time of the Day: ____________________a.m./p.m. for the calendar year of 2010
 
D.
Presentation by Jennifer Catalani and approval to appoint board members by Commissioners' Court for the Texas Special Task Unit - Adult Protective Services
 
11.
Safety Division - Roy Quintanilha:
 
A.
Approval to accept a check (#NB91198138) from Illinois Union Insurance Company in the amount of $55,765.87 for payment in connection with claim for Benito Gonzalez, C-818-08-D.
 
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 action on the acceptance of the final floor plan for the Primary Care and Substance Abuse Clinic recommended by the Owner, Architect Contractor Committee.
 
C.
Requesting authorization and approval to accept the Service Agreement between Hidalgo County Health & Human Services and Wyeth for the Tele Vox Vaccine Reminder Program.
 
13.
Urban County - Diana Serna:
 
A.
Requesting authorization to extend agreement with Consumer Credit Counseling of South Texas-ESG Surplus Funds until March 31, 2010.  The second extension terminated on Sept. 30, 2009.
 
B.
Requesting approval of a Budget and Program Amendment for the City of La Villa to the existing work plan for Urban County Program Year 22 (2009).
 
C.
Requesting authorization to extend agreement with Mujeres Unidas/Women Together-ESG Surplus Funds until March 31, 2010.  The second extension terminated on Sept. 30, 2009.
 
D.
Requesting authorization to extend agreement with The Salvation Army-ESG Surplus Funds until March 31, 2010.  The second extension terminated on Sept. 30, 2009.
 
E.
Requesting authorization to extend agreement with the Advocacy Resource Center for Housing-ESG Surplus Funds until March 31, 2010.  The second extension terminated on Sept. 30, 2009.
 
14.
Office of the County Judge:
 
A.
Presentation by Veterans Alliance of the Rio Grande Valley on Proposition #8.
 
B.
Presentation and discussion regarding Hidalgo County Asset Mapping and Comprehensive Economic Development Strategy Project.
 
15.
Planning Department - Raul Sesin:
 
A.
Appointment of Board of Building Line Adjustment Members
 
16.
Elections Administration - Yvonne Ramon:
 
A.
Approval of contract for Election Services (leasing) between Hidalgo County and the City of Penitas for their election to be held on November 3, 2009.
 
B.
Approval of contract for Election Services (full service) between Hidalgo County and Brush Country Groundwater Conservation District for their election to be held on November 03, 2009.
 
17.
TX. Agri-Life Extension Services-Brad Cowan:
 
A.
Approval of Proclamation declaring the week of October 4-10, 2009 National 4-H Week.
 
18.
Head Start Program - Teresa Flores:
 
A.
Requesting Exemption from Competitive Bidding under the Texas Local Government Code 262.024(a)(4) A Professional Educational Services to Provide Training/Staff Development to Executive Team Members for Improving Management/Communication Skills
 
B.
Discussion/Approval to Negotiate Contract for Professional Educational Services with Bill Crawford, Ph.D. to Provide Training/Staff Development to Executive Team Members to Improve Management/Communication Skills
 
C.
Requesting Exemption from Competitive Bidding under the Texas Local Government Code 262.024(a)(4) A Professional Educational Services to Provide Mandatory Training/Staff Development to Policy Council and Grantee Board
 
D.
Discussion/Approval to Negotiate Contract for Professional Educational Services with Ann Awalt to Provide Mandatory Training/Staff Development to Policy Council and Grantee Board.
 
E.
Discussion/Approval of Appointment of one (1) Community Representative by Commissioner Sylvia Handy and Commissioner Hector "Tito" Palacios, 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
 
19.
WIC - Norma Longoria:
 
A.
WIC ADM - (1292):
1. Permission to continue the provision of WIC Services for FY 2010 commencing October 1, 2009 - September 30, 2010 pending contract/ award letter.
2. Approval of Certification of Revenues as certified by the County Auditor for the FY 2010 WIC ADM grant.
3. Approval of  appropriation of funds for the  FY 2010 WIC grant budget.
4. Approval of  FY 2010 WIC Adm grant salary schedule.

WIC B/F- (1292):
1. Permission to continue the provision of the B/F Peer Counselor program for FY 2010 commencing October 1, 2009 - September 30, 2010 pending contract/ award letter. 
2. Approval of Certification of Revenues as certified by the County Auditor for the FY 2010 B/F Peer Counselor grant.
3. Approval of appropriation of funds for the FY 2010 B/F Peer Counselor grant budget.
4. Approval of FY 2010 B/F grant salary schedule
 
20.
Sheriff's Office - Chief Martinez:
 
A.
1. Approval of Certification of Revenues as certified by the County Auditor for the FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award.

2. Approval to appropriate funds for the FY09 Recovery Act Edward Byrne Memorial - Justice Assistance Grant Program award budget in the amount of $519,453.00 (1284).
 
21.
Right of Way - Joe Pena:
 
A.
Consideration and or approval of payment of Parcel 1 a 0.884 acre tract of land out of a 5.0 acre tract out of Lot 16, Block 44, Alamo Land & Sugar Company's Subdivision, Hidalgo County, Texas for the Cesar Chavez Drainage Project - Thelma Garcia.
 
22.
County Clerk's Office - Arturo Guajardo, Jr:
 
A.
Presentation and discussion of recommended Collection Procedures by Jim Lehman, Collections Program Manager for the Office of Court Administration. 
 
23.
Colonia Access Program - Agapito Vargas
 
A.
Discussion, consideration and action on Interlocal Agreement between County of Hidalgo and The City of San Juan to construct 3rd Call Border Colonia Access Program within the city of limits of San Juan (Aldamas Unit 1 & 2 Subdivision and Mesquite Acres Subdivision)
 
24.
Budget & Management - Raul Silguero Jr.:
 
A.
Discussion, consideration, and approval to reduce the Employer Portion of the Hidalgo County Self Funded Health Insurance Premium by 25% for the remainder of Fiscal Year 2009.
 
B.
Interdepartmental transfers:
 
1.
3rd Qtr. Salary Sweep (1100):
Approval to transfer General Fund lapsed salaries and related fringe benefits from various departments to the County Wide Administration account.
 
2.
Fire Marshal's (1100):
Approval of 2009 interdepartmental transfer from Palmview Fire Department (program 016) to Linn-San Manuel Fire Department (program 011) in the amount of $5,000.00 to fund fire call expenditures.
 
3.
Facilities Management (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Adm. to Facilities Management Department in the amount of $45.00 to fund software expenditure.
 
4.
Pct. #2 CO 2009 Series (1339):
Approval of 2009 interdepartmental transfer within Certificate of Obligations Series 2009, from the Precinct No.2 Drainage Improvement Project (program 034) into Cesar Chavez Drainage Project, (program 039) in the amount of $70,000.00 to fund ROW expenditures.
 
5.
I.T. Co. Wide (1100):
Approval of 2009 interdepartmental transfer from Co. Wide Adm. to IT Countywide in the amount of $30,000.00 to fund the Medi-Plex cabling and network equipment expenditures.
 
6.
BCAP (1311):
Approval of 2009 interdepartmental transfer from BCAP Roadrunner #2 program(620) to BCAP South Side Village program(693) in the amount of $0.30 to fund anticipated project expenditures.
 
7.
Health and Human Services Dept. (1336):
Approval of 2009 interdepartmental transfer within Certificate of Obligations Series 2006, from the Health and Human Services (program 022) into programs 023, 024, 030, and 035 in the amount of $925.00 to fund anticipated expentures.
 
8.
Pct. #4 C.O. 2009 Series (1339):
Approval of interdepartmental transfer within Certificate of Obligation Series2009 - Precinct #4 Drainage Improvement Project from program (060) Guerra Pond, program (039) Fike Pond, and progam (036) to Dickerson Pond (program 048) in the total amount of $500,000.00 to cover project expenditures.
 
9.
Pct. #4 C.O. 2009 Series (1339):
Approval of interdepartmental transfer within Certificate of Obligation Series 2009 - Precinct #4 Drainage Improvement Project from program (049) North Branch Drain and program (052) Curry Drain to (program 036) in the total amount of $100,000.00.
 
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.
a. 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. even if over the two (2) hours); or,

3. Option to delete airing portions of Commissioner Court 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.;

b. 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.
 
5.
a.  As a result of the 30 day lapse of original bid pricing received on 9-2-09 for "Construction of New Precinct No. 2 Administrative Offices for Hidalgo Co, & Other Co. Offices", ratification to reject all bids received;
b.  Authority to re-advertise for a "Turnkey-Construction of New Precinct No. 2 Administrative Offices for Hidalgo Co, & Other County Offices" with all plans and specification as developed and drafted through project architect, V-A Architecture and may include the Civil Site Work (which is posted on this agenda for discussion and action).
 
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.; or in the alternative:

c.  Reject all bids received with authority to re-advertise for : Civil-Site Work for Hidalgo County Precinct No. 2 Office Complex Subdivision with plans and specifications developed and drafted by project engineer, R. Gutierrez Engineering Coporation with the following options;
(1)  as an individual (stand alone) bid project; or,
(2)  as a component/alternate/option of the "administrative office facility complex" project.
 
B.
Pct. 1
 
1.
Presentation for consideration, discussion, acceptance, and approval of Work Authorization No. 1 for "Mile 2W-Mile 9N to Mile 10N" in an amount of $4,546.50 with L & G Engineering Laboratory, LLC to provide Construction Materials Testing Services in Hidalgo County Precinct #1 in connection with C-09-328-08-11.
 
C.
Pct. 2
 
1.
Acceptance and approval for payment on invoice(s) submitted by contracted engineer, R. Gutierrez Engineering Corporation under contract #C-08-381-09-16: 
a. Invoice #2747 09/25/2009 Cesar Chavez Drainage Project for #20,500.00
b. Invoice #2749 09/25/2009 LJ Drainage Project for $1,900.00,
subject to Auditors'  review and processing procedures completed and authority for County Treasurer to issue payment/check.
 
D.
Pct. 3
 
1.
Presentation of the final negotiated "on call" professional appraisal services agreement on an as needed basis with Leonel Garza Jr. & Associates LLC for, "Various Projects" for Precinct No. 3 as approved for negotiations on CC 08/04/09;
 
2.
Approval of an Amendment to the current agreement between Hidalgo County and Cook-Joyce for the provision of engineering services in connection with Precinct #3's Penitas Landfill to reflect and clarify the correct term of said agreement.
 
3.
Acceptance and approval of Work Authorization No. 5 (with an estimated cost of $1,500.00) with Javier Hinojosa Engineering to provide engineering services for the "Colonia Trevino Subdivision" located on the south side of Mi. 6 North approximately 800 feet east of S.H. 107-Contract No. C-09-176-04-28.
 
4.
Approval of a professional services contract/agreement (developing plans, specifications, scope of work, etc.) for the provision of structural engineering services for, "County-owned Buildings/Structures needing Repairs and/or Renovations" located in Precinct No. 3 on an as needed basis with Dannenbaum Engineering Company, as authorized & approved for negotiations by CC on 08/18/09.
 
E.
Pct. 4
 
1.
Acceptance and approval of the following Amendments to contract #C-08-477-12-09 with QUINTANILLA, HEADLEY & ASSOCIATES, INC. for the "SAN CARLOS DRAINAGE IMPROVEMENTS PROJECT" located in Precinct No. 4: 

a. AMENDMENT to WA #1 with a fee decrease of $100,000.00 resulting in the new proposed fee of $650,000.00 (misc. projects - ROW Surveying of 260 estimated parcels) PO#614261;

b.  AMENDMENT to WA #2 with a fee increase of $291,725.00 resulting in the new proposed fee of $839,825.00 which reflects the inclusion of  Aguilar Pond 47.66 acres; Fike Pond 55.00 acres and Dickerson Pond 240.28 acres, PO# 618942.
 
2.
a.  Requesting approval of the final negotiated Professional Engineering Services Agreement (approved for negotiations by CC on 9-1-09 and as form by legal counsel) with S & B INFRASTRUCTURE, LTD. for: "BUILDING REPAIRS and/or RENOVATIONS of County owned Buildings/Structures" on an as needed basis located within Hidalgo County Precinct #4;
b.  Ratification of the project specific engagement agreement with S & B INFRASTRUCTURE, LTD. (as exempted and approved by CC on 9-29-09 due to an emergency situation at the Hidalgo County Adult Detention Facility Complex) for the assessment and design of a device (to be fabricated and installed by a certified welder) to correct/repair a structural defect.
 
3.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A)(4) a professional service for Appraisers;

b. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" of Professional Appraisal Services for the Acquisition of Land and Disposition of County Owned Property for Precinct No. #4 Projects.

1st.__________________; 2nd.__________________; 3rd.__________________;

c. Authority for the Purchasing Department to negotiate a Professional Appraisal Services Contract with the No.1 ranked firm of ______________________for the provision of Appraisal Services for Precinct #4 Projects for the Acquisition  of Land and Disposition of County Owned Property.
 
F.
Colonia Access Program Pct. 2
 
1.
a.  Approval of a claim from Raba-Kistner in the amount of $1,581.15 for material testing on Eldora Gardens Subdivision with authority for county auditor to issue payment after review, audit and processing procedures are completed;
b.  Approval of a claim from Millenium Engineers Group, Inc. in the amount of $615.00 for material testing on North Alamo Village Subdivision with authority for county auditor to issue payment after review, audit and processing procedures are completed.
 
G.
Colonia Access Program Pct. 3
 
1.
Approval of final construction contract (awarded by CC on 05-05-09) for C-CAP-09-130-05-05 Road & Drainage Construction for Re-Subdivision of Jimenez Plat between Hidalgo County and M Construction, LTD in the amount of $79,859.79-project engineer: Hinojosa Engineering Inc.
 
H.
Colonia Access Program Pct. 4
 
1.
Presentation by project engineer Quintanilla Headley & Associates, Inc. of the bids received with recommendation to award to the lowest bidder meeting all specifications: Total Commitment, LLC in the amount of $48,921.00 (3rd Call) for Bid No. CAP-09-381-09-23-YSI "Road & Drainage Construction For Laborista Subdivision" and subject/pending TXDOT concurrence.
 
I.
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