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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
November 3, 2009
9:00 A.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.
C-2741-09-A; El Capote Inc. v. Hidalgo County
 
E.
Claim of Mirelda Rosales
 
F.
Claim of Blanca Pena
 
G.
Claim of Harley Clayton
 
H.
Esmeralda Elizondo, Miriam Jimenez, and Maria Casas v Hidalgo County, Civil Action # M-08-082
 
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.
C-2741-09-A; El Capote Inc. v. Hidalgo County
 
E.
Claim of Mirelda Rosales
 
F.
Claim of Blanca Pena
 
G.
Claim of Harley Clayton
 
H.
Esmeralda Elizondo, Miriam Jimenez, and Maria Casas v Hidalgo County, Civil Action #M-08-082
 
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"
 
11.
Safety Division - Roy Quintanilha:
 
A.
Approval to accept a check (#041173) from Tristar Risk Management in the amount of $90,424.42 for payment in connection with claim of Mario Leal, 7:07-CV-272.
 
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 amended FY 2010 CPS / PHER Contract #2010-033343, Attachment #001A, in the amount of $195,523.00 for a total award of $879,932.00 for the period 9/15/2009 to 7/31/2010.

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

3.  Requesting approval of the attached amended 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.
IT Department - Renan Ramirez:
 
A.
Facilities Management:
Authorization to purchase REQUISITION #163619 through the County's membership/participation with HGAC CW05-02 with awarded vendor SPRINT for the following services:

Quantity: Description: Unit Cost: Total Cost: Notes:
1 BE 1000 Plan $55.00 month X 3 months $165.00 Richard Sunday
 
B.
1.  Approval of Geographic Information System (GIS) Interlocal Agreement between County of Hidalgo and City of Pharr
2.  Approval of Geographic Information System (GIS) Interlocal Agreement between County of Hidalgo and City of Edinburg
 
14.
Emergency Services Division - Tony Pena:
 
A.
Fire Marshal's Office:
Discussion and approval of the following 2009 Interlocal Cooperation Agreement:

1.  Mercedes Fire Department
 
15.
Office of the County Judge:
 
A.
Swearing in of Rene A. Ramirez as County Judge and Administer Oath
 
16.
HIDTA - Task Force - Dora Munoz:
 
A.
1.  Approval of certification of revenues, as certified by the County Auditor for the HIDTA Task Force Grant

2.  Authorization and approval to accept the Award  number I8PSSP573Z Modification 1 (supplement)  between Hidalgo County and the Executive Office of the President - Office of National Drug Control Policy increasing the award amount by $70,908.00

      Previous Award Amount     $697,314.00
      Supplement                        $  70,908.00
      Adjusted Award Amount     $768,222.00

3.  Approval of appropriation of supplemental funds under Grant number I8PSSP573Z for the Hidalgo County HIDTA Task Force (South Texas HIDTA McAllen Initiative) in the amount of $70,908.00.
 
17.
Planning Department - Raul Sesin:
 
A.
1. Discussion and Action to consider a request made by Mr. Martin Almazan and wife to waive Section 232.027 of the Texas Local Government Code

2. Discussion and action to rescind Commissioners Court moratorium order of May 11, 2004 with regards to La Joya Water Supply Corporation in accordance with TWDB's request.
 
18.
Urban County - Diana Serna:
 
A.
TxCDBG  Disaster Recovery Grant (AI #18347):
Approval to create the following positions for the TxCDBG Disaster Recovery Grant (employment will not commence until grant award is received, accepted and approved by Commissioners Court):
Slot No.
Proposed
Position Title
Proposed
Budgeted Salary
0001
Coordinator
$ 43,741.95
0002
Coordinator
$ 43,741.95
0003
Inspector
$ 34,360.00
0004
Intake Clerk
$ 24,324.00
 
19.
Elections Administration - Yvonne Ramon:
 
A.
Approval of Contract for Election Services (leasing of equipment) between Hidalgo County and the City of Progreso for their Election to be held November 03, 2009.
 
20.
Head Start Program - Teresa Flores:
 
A.
Requesting approval to reject all bids received for Roofs and Siding Repairs for Head Start Facilities under Bid#:2009-09-022.
 
B.
Authority to re-advertise sealed competitive procurements-project specific:  Roof and/or Siding Repairs for the following individual Head Start Facilities:  Las Milpas I, Palmview I, Palmview II, San Juan II, Donna I, Western Road, Head Start Administration Building
 
21.
Sheriff's Office - Chief Martinez:
 
A.
Approval and Acceptance of donation of one (1) 2010 Ford F150 Pickup Truck from the United States Marshals Service.
 
B.
Presentation for discussion, consideration, and acceptance of a donation of one (1) German shepherd canine to the Sheriff's Office by Mr. Francisco J. Guerrero.
 
22.
Right of Way - Joe Pena:
 
A.
The City of Mission: 
Consideration, action and/or approval of open cut across Inspiration road approximately 360' north of Mile 3 Road -   Proposed open cut to install an 8" sewer line.
 
23.
County Clerk's Office - Arturo Guajardo, Jr:
 
A.
Approval of Hidalgo County Judge Rene A. Ramirez's Official Bond.  
 
24.
Precinct #2 - Comm. Palacios:
 
A.
R&B (1202) - (AI-18232):
1.  Approval to delete one (1) vacant regular full-time Office Coordinator position, slot no. 0015, budgeted salary $31,770.90.
2.  Approval to create one (1) regular full-time Data Entry Clerk II position, slot no. 0080, budgeted salary $29,233.00.
 
B.
Approval of Interlocal Agreement between County of Hidalgo and City of Pharr regarding Sioux Rd.
 
25.
Precinct #3 - Comm. Flores:
 
A.
R&B (1203) - (AI-18234):
Approval to create one (1) regular full-time Inventory Control Specialist position, slot no. 0073, budgeted salary $38,000.00 per year.
 
B.
Discussion and approval of accepting participation from G&D Financial Services (Mr. Gary Frisby) in the amount of $344,734.55 for road construction of Mile 4 Road (Tom Gill Rd. to FM 2221) and Circle 6 Road (North and South 5502 LF), subject to plat recording and survey with meets and bounds.
 
26.
Precinct #4 - Comm. Garza:
 
A.
Authorization for title reports and/or title commitments, metes & bounds, surveys, appraisals and acquisition of additional drainage right of way for J-09 Drainage Project. The limits of the project are from CR 3801 known as Bryan Road east to Hidalgo County Drainage Districts No. 1 North Main Drain. Project consisting of approximately 8 ½ miles
 
B.
1.  Approval to accept resignation of board member from the Housing Authority Board
2.  Appointment of board member to the Housing Authority Board 
 
27.
Budget & Management - Raul Silguero Jr.:
 
A.
Request for consideration, discussion and authorization to proceed with, including, but not limited to the following:  request for title reports/title commitments with supporting documents, appraisals and approval to negotiate acquisition of real estate.
 
B.
Interdepartmental transfers:
 
1.
Pct. #2 CO's 2002 Series (1332):
Approval of 2009 interdepartmental transfer within Certificates of Obligation Series 2002 from program(007) and program(033) to program(042) in the total amount of $37,169.69 to fund a portion of the new Pct No.2 Administrative Offices and other County Offices.
 
2.
Pct. #2 CO's 2004 Series (1334):
Approval of 2009 interdepartmental transfer within Certificates of Obligation Series 2004 from program(030), program(041), and program(042) to program(021) in the total amount of $198,040.38 to fund a portion of the new Pct No.2 Administrative Offices and other County Offices.
 
3.
Pct. #2 BCAP (1311):
Approval of 2009 interdepartmental transfer for the Pct. 2 BCAP from Roadrunner (program no. 620) to various BCAP programs in the total amount of $6,280.98 to fund indirect costs.
 
4.
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 Tiny Acres Subdivision (program 740) in the amount of $1,500.00 to fund a contract expenditure.
 
5.
Pct. #3 C.O. 2006 (1336):
Approval of 2009 interdepartmental transfer from C.O. 2006-Pct 3 M3N (Tomgill - FM 2221) (program 051) to C.O. 2006 - Pct 3 M4M (Tomgill - FM 2221) (program 080) and C.O. 2006-Pct. 3 Circle 6 Road (program 081) in the total amount of $261,533.00 to fund the Mile 4 Road and Circle 6 Road Expenses.
 
6.
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 program (074) Faysville Pump in the amount of $10,000.00 to fund topographic surveying. 
 
7.
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 Gonzalez Pond (program 066)  in the amount of $ 918.54.
 
C.
Interfund transfers:
 
1.
Precinct# 4:
Approval of 2009 interfund transfer from Certificates of Obligation Series 2002 Fund Balance (1332) to Precinct No. 4 - New Administration Building (1301) in the amount of $886.21.
 
D.
Budget Appropriations:
 
1.
Pct. #1 - Pct. #3 BCAP Round II (1311):
a.  Approval of certification of revenues, as certified by the County Auditor, for the BCAP Grant - 2nd Call in the amount of $229,479.16.
b.  Approval to deobligate funds from 1st Call Border Colonia (fund 1310) and appropriate into 2nd Call Border Colonia (fund 1311) in the total amount of $229,479.16 for the following precincts in relation to Round II Colonia projects:
Pct. 1 BCAP Round II - $60,493.38
Pct. 2 BCAP Round II - $100,999.07
Pct. 3 BCAP Round II - $67,986.71
                       Total -  $229,479.16
 
2.
CO's 2002 (1332):
Approval of 2009 appropriation of funds in the amount of $33,091.89 to fund a portion of the new Pct No.2 Administrative Offices and other County Offices.
 
3.
Health Benefits (2201):
Approval of 2009 appropriation of funds for Health Benefits in the amount of $1,500,000 to properly fund for 2009.
 
4.
Public Defense (1100):
a.  Discussion, consideration, and authorization of emergency expenditures as per Local Government Code Section 111.070.
b.  Approval of 2009 appropriation of funds from General Fund (1100) Fund Balance to Public Defense, in the amount of $1,000,000.00 pursuant to emergency appropriation authorized/approved by Commissioners Court under previous item.  Additional appropriation(s) may be required as authorized above to cover expenses through the end of 2009.
 
E.
Salary Schedule Changes:
 
1.
Pct. #2 R&B (1202) - (AI-18231): 
a.  Approval of revised salary schedule.
 
2.
Pct. #3 R&B (1203) - (AI-18233):
a.  Approval of intradepartmental transfer.
b.  Approval of revised salary schedule.
 
3.
Urban County - TxCDBG Disaster Recovery Grant (AI-18342):
a.  Approval of salary schedule.
 
28.
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 of Change Order #1 (net increase) in the amount of $ 4,992.00 in connection with the "Paving Improvements (Curb-Gutter-Sidewalk-Green Areas) at 210-217 N. Closner, Edinburg, TX" from contracted vendor, Jimmy Closner & Sons Construction Co., Inc. (C-08-111A-10-14) and as recommended by project engineer, Quintanilla, Headley and Associates, Inc., with authority for County Judge or Court Member to execute document.
 
5.
Presentation of bids received for the purposes of award for the "Construction of New Precinct No. 2 Administrative Offices for Hidalgo Co. & Other Co. Offices" to lowest responsible bidder meeting all specifications as presented & recommended by project architect V-A Architecture through Bid No. 2009-037c-10-28-otm.
 
6.
a.   Requesting exemption from competitive bidding requirements under Tx. Local Government Code, Chapter 262, Section .024 (a) (3)-"an item necessary because of unforeseen damage to public property", and (11) "vehicle and equipment repairs";

b.   Requesting authority to purchase repairs only (excludes maintenance for vehicles or equipment) for County-owned vehicles and equipment from the vendors identified and detailed on the list attached hereto through the established and approved procedures for the requisition and purchase order process with said authority to extend through December 31, 2010
 
7.
Recommending award of bid and approval of contract to vendor submitting the lowest bid and meeting all specifications/requirements as attached hereto for: Hidalgo County-"CRS-2 (Cationic Rapid Setting) Emulsified Asphalt" for all Hidalgo County Precincts (1,2,3, & 4)-Bid No.: 2009-200-09-09-SGS.
 
8.
a.  Consideration and approval for Hidalgo County to utilize it's option to renew/extend the second (2nd) year option as stipulated in the RFP Specifications, Requirements & Policy with McGriff, Seibles And Williams for the Excess Workers Compensation Insurance Project; and,

b.  Consideration and approval of the 2010 Coverage renewal premium/fee attached hereto for Workers Compensation Insurance Policy in the amount of $168,515.00 to be effective January 1, 2010 through January 1, 2011 with authority for County Treasurer to issue check after review, audit and processing procedures completed by County Auditor with authority for County Judge, Court Member or Commissioners Court Executive Officer to sign any applicable documentation.
 
9.
Consideration and applicable action for Hidalgo County to exercise and  utilize the final year renewal option as stated and reflected in the RFP including approval of detailed schedule of premium/fees attached hereto as 2010-2011 Coverage Summary for Property & Casualty Insurance Policies in the total amount of $1,572,569.00 e ffective January 1, 2010 with authority for County Judge, Court Member or Commissioners' Court Executive Officer to sign any applicable documentation.
 
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 for 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 Professional Engineers in connection with required/needed professional engineering services on an "on Call and As Needed" Basis for Precinct No. 1;

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 Precinct No. 1 Projects.
 
C.
Pct. 3
 
1.
Requesting approval of Change Directive No. 5 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. 6 (with an estimated cost of $77,165.00) with Javier Hinojosa Engineering to provide engineering services for the "Mile 4 North Rd. from Tom Gill Rd. West approx. 6,300 LF"  through Contract No. C-09-176-04-28.
 
D.
Pct. 4
 
1.
Acceptance and approval of proposal received from Holt Texas, LTD., dba, Holt Cat awarded vendor through Hidalgo County's participation/membership with TASB Buyboard Contract #205-04 for the purchase and installation of "One (1) New Emergency Power Generator" for Precinct No. 4 Offices, in the amount of $64,062.12 which includes, but  is not limited to Buyboard Fees, delivery and installation-turnkey project-Project #2009-255-MSS.
 
2.
Authority to purchase heavy machinery and/or equipment detailed herein from the following awarded vendor through Hidalgo County's participation/membership with TASB Buyboard Contract #292-08 for Two (2) JD 6330 Utility Tractors @ $80,577.00 ea. to include but not limited to Samurai Boom Mower 25'; Joy Stick Controls and any other appurtenances with a total amount of $161,154.00 for proposed Project #2009-449-OGG which includes pricing, fees, delivery and warrranty.
 
E.
District Courts
 
1.
370th District Court:
Requesting authorization and approval to remove the following Hidalgo County Fixed Assets from the current inventory list:

a. Exhibit "A" (see attachment)  for said items to be removed.
 
F.
Colonia Access Program Pct. 1
 
1.
Pursuant to the provisions of the current contract between Hidalgo County (Pct. #1) and TEDSI Infrastructure Group (for the provision of engineering services), requesting approval of the following:

a.  Supplemental Agreement #1-extending contract #C-CAP-08-014-09-30-effective November 7, 2009 through the completion of BCAP Round II Projects, under the same rates, terms, and conditions ; and,
 
b. Supplemental Agreement #2-extending contract #C-CAP-08-028-10-28-effective November 7, 2009 through April 22, 2010 under the same rates, terms and conditions.  
 
G.
Colonia Access Program Pct. 2
 
1.
Pursuant to terms and conditions of current contract between Hidalgo County (Pct. #2) and R. Gutierrez Engineering (for the provision of engineering services), requesting approval of Supplemental Agreement #2, extending the current contract effective November 7, 2009 through completion of Border Colonia Access Program Round II Projects, under the same rates, terms, and conditions through contract #C-CAP-08-015-09-02.
 
2.
a. Pursuant to Standard General Conditions of the Construction Contract (Section  15.03. A and as attached hereto) requesting authority to issue the seven day written notice to awarded contractor D. M. Roth, Inc. of Hidalgo County's election to terminate the project of: Road & Drainage Construction of Tiny Acres";
 
b. Upon compliance with notice of termination as approved herein and pursuant to Standard General Conditions of the Construction Contract (Section 15.03 A.1.2.3.4. & B.) requesting authority to pay D. M. Roth, Inc. the amount of  $1,500.00 for bonding costs in connection with the terminated contract for: "Road & Drainage Construction of Tiny Acres".
 
H.
Colonia Access Program Pct. 3
 
1.
Pursuant to provision under the current contract between Hidalgo County (Pct. #3) and Javier Hinojosa Engineering (for the provision of engineering services), requesting approval of Supplement Agreement #1 extending the current contract effective November 7, 2009 through completion of all Border Colonia Access Program Round II Projects, under the same rates, terms, and conditions through contract #C-CAP-08-016-09-02.
 
I.
Sheriff's Office
 
0.
Presentation of bids recevied for the purpose of award and and approval of contract document (approved as to form by legal counsel) to the bidder providing the highest overall discount based on the average wholesale price and meeting all specifications, terms and conditions as attached hereto for "Hidalgo County Sheriff's Office Legend & Non-Legend Pharmaceuticals" with an effective date of November 17, 2009 through-Bid No. 2009-384-MEG.
 
1.
Acceptance and approval for Invoice #7 in the amount of $136,816.85, from Gignac & Associates Architects LLP., contracted architect for "Construction of Hidalgo County Sheriff's Office Substation in Precinct No. 1 Area"-contract #C-08-051-01-30.
 
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)
 
2.
Consideration and approval of Home Depot Commercial Account request form(s) submitted by Elected Officials/Department Heads/Agency and/or Program Directors:

a. Precinct No. 2
b. Precinct No. 4
c. Juvenile Justice Center
 
3.
a.   Presentation of the scoring & evaluation grid for the purposes of ranking of the responses received in connection with the request for proposals:"Section 125 Voluntary Insurance Products and COBRA Administration Services for Hidalgo County";

b.  Award of the "Section 125 Voluntary Insurance Products and COBRA Administration Services for Hidalgo County" for the following:

     1.  Dental:
     2.  Vision:
     3.  Cancer:
     4.  Accidental:
     5.  Long Term and Short Term Disability:
     6.  Heart & Stroke:
     7.  COBRA Administration Services:
     8.  Other:

c.  Authority to negotiate (if required) contracts for the Voluntary Insurance Products and COBRA Administration Services
 
29.
Adjourn