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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
November 17, 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.
Claim of Lupe Pequeno
 
E.
C-3081-09-B; Francisco Madrigal v. Sheriff Lupe Trevino & County of Hidalgo
 
F.
C-3176-09-E; Rodolfo Martinez and Nancy Martinez vs. Lupe Trevino, 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.
Claim of Lupe Pequeno
 
E.
C-3081-09-B; Francisco Madrigal v. Sheriff Lupe Trevino & County of Hidalgo
 
F.
C-3176-09-E; Rodolfo Martinez and Nancy Martinez vs. Lupe Trevino, 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 and approval of Leadership Edinburg Class XXI proposal regarding the replacement of the existing sign (located on the corner of Closner & McIntyre) with a monument sign project
 
C.
Approval of Deed and closing documents for purchase of 112.29 acres from Barry & Linda Dickerson with authorization for Judge to sign documents
 
D.
Approval of 457 Plan Hardship withdrawal request for employee #103845
 
11.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
12.
IT Department - Renan Ramirez:
 
A.
Approval of Proclamation designating November 20, 2009 as "Geographic Information Systems" Day in Hidalgo County
 
13.
HIDTA - Task Force - Dora Munoz:
 
A.
Requesting authorization for the Interim County Judge to execute the following:
1.  FY 2008 Equitable Sharing Agreement and Certification Report - Hidalgo County HIDTA Task Force
2.  FY 2008 Equitable Sharing Agreement and Certification Report - Hidalgo County District Attorney's Office
 
B.
1.  HIDTA Chapter 59 (1251) (REF AI#18531):
a.  Approval to delete one (1) vacant regular full-time Legal Assistant position, slot no. G019, budgeted salary $20,000.00 per year.
b.  Approval to create one (1) regular full-time Clerk position, slot no G021, budgeted salary $20,000.00 per year.

2.  HIDTA Task Force (1291) (REF AI#18531):
a.  Approval to delete one (1) vacant regular full-time Administrative Assistant position, slot no. G001, budgeted salary $38,053.00 per year.
 
14.
Urban County - Diana Serna:
 
A.
Requesting approval to authorize Urban County Director to sign the Texas Balance of State Continuum of Care (COC) Agency Partner Agreement with the Homeless Prevention & Rapid Re-Housing Program Grant Funds (HPRP) under the Department of Housing & Urban Development (HUD).
 
B.
Presentation of final status report by Dos Logistics, Inc. on the development of an Environmental Information Study, an Engineering Report and completed federal applications for funding in connection with Pct. #1 Water / Sewer Improvement and Planning Activity.
 
C.
The Urban County Program is requesting approval and award of contract to G.A.S. Enterprises, Inc. in the amount of $89,598.00 for the Public Facility Improvement (Library) project in the City of Weslaco, utilizing Year 21 (2008) funds. The project consists of the rehabilitation of the old museum and convert it into a library computer commons area and expansion of the Weslaco Public Library.
 
D.
The Urban County Program is requesting approval of a construction contract with Central Fence Supply in the amount of $73,122.00 for a Parks, Recreational Facility Improvements Project (Installation of Fencing) at the Sunrise/Sunset Park within Precinct No. I.  Hidalgo County Precinct No. 1 FY 2007& 2008 Parks, Recreational Facility funds will be utilized.
 
15.
Constables:
 
A.
Constable Pct. #4:
1. Appointment of Martin B. Brown and Armando Patlan as Deputy Constables under Constable J.E. "Eddie" Guerra as required under Texas Local Government Code 86.011.
2. Appointment of Juan Mancha as Reserve Deputy Constable under Constable J.E. "Eddie" Guerra under Texas Local Government Code 86.012.
 
16.
Office of the County Judge:
 
A.
Update from the Hidalgo County Complete Count Committee on 2010 Census activities
 
B.
Presentation by Hidalgo County Metropolitan Planning Organization Assistant Director Maria Champine.
 
C.
Approval of Resolution proclaiming November 2009 as Home Care and Hospice Month in Hidalgo County
 
17.
Elections Administration - Yvonne Ramon:
 
A.
Pursuant to Fuel Policy requesting approval to reimburse Gloria Salazar for the purchase of fuel for Elections Department vehicle (rental) in the amount of $100.01.
 
18.
Head Start Program - Teresa Flores:
 
A.
Requesting authorization for the County Judge to sign the Certification of Filing and Payment of Federal Taxes Form as requested by the Department of Health and Human Services.
 
19.
County Clerk's Office - Arturo Guajardo, Jr:
 
A.
1. Public Hearing regarding the County Clerk's Record Archive Plan as required by Section 118.025 of the Texas Local Government Code
2. Approval/acceptance of County Clerk's Record Archive Plan as required by Section 118.025 of the Texas Local Government Code
 
B.
Approval of claim/invoice #042052 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
 
20.
Precinct #1 - Comm. Handy:
 
A.
1. Approval of Interlocal Agreement by and among City of Alamo, Hidalgo County, and Tax Increment Reinvestment Zone Number One, City of Alamo allowing for Hidalgo County to participate in the Tax Increment Reinvestment Zone.
2. Appointment of one board member to represent the County of Hidalgo on the City of Alamo's Tax Increment Reinvestment Zone #1 Board of Directors.
 
B.
Requesting approval to appoint Mr. David Rodriguez to the Hidalgo County Emergency Services District #2.
 
21.
Budget & Management - Raul Silguero Jr.:
 
A.
Interdepartmental transfers:
 
1.
Pct. #2 CO  2009 Series (1339):
Approval of 2009 interdepartmental transfers within Certificate of Obligations Series 2009, from the Precinct 2 Drainage Improvement Project (program 034) into L J Drainage Project, (program 038) for ROW in the amount of $20,000.00 and into Cesar Chavez Drainage Project, (program 039) for ROW in the amount of $150,000.00.
 
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 Round III-Esperanza Estates Subdivision (program 262) in the amount of $3,000.00.
 
3.
Pct. #3 BCAP (1311):
Approval of 2009 interdepartmental transfer from Barney Groves Subdivision (program 072) to Jessan Subdivision (program 350) in the amount of $140.69 to fund construction material testing expenses.
 
4.
Pct. #4 Drainage Improvement Projects C.O. 2009 Series (1339):
Approval of 2009 interdepartmental transfer within Certificate of Obligation Series 2009 from Precinct #4 Drainage Improvement Project (program 036) to San Carlos Drain (program 050) in the amount of $ 3,100.00 for payment of title reports for this project.
 
5.
BCAP (1311):
Approval of 2009 interdepartmental transfer from BCAP Roadrunner Subdivision program(620) to BCAP El Charro No. 2 Subdivision program(240) in the amount of $29,722.41 to fund completion of project.
 
B.
Interfund transfers:
 
1.
Pct. #1-TXDOT (1315):
Approval of 2009 interfund transfer from Certificates of Obligation Series 2006 fund balance (fund 1336) to TXDOT-FM 88 (fund 1315, program #037) in the amount of $40,000.00 to fund project expenditures.
 
2.
Refunding Bonds, Series 2009 (1440):
Approval of 2009 interfund transfer from Refunding Bonds, Series 1998 fund balance (fund 1427) to Refunding Bonds, Series 2009 (fund 1440) in the amount of $33,798.43.
 
C.
Budget Appropriations:
 
1.
County Clerk's Record Management Fund (1237):
Approval of appropriation of funds to County Clerk's Record Management (003) in the amount of $50,000.00 for purchase of records management equipment.
 
D.
Salary Schedule Changes:
 
1.
a.  HIDTA Chapter 59 (1251) (REF. AI#18530):
1.  Approval of revised salary schedule.

b.  HIDTA Task Force (1291) (REF. AI#18531):
1.  Approval of revised salary schedule.
 
22.
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.
Hidalgo County Commuter Rail District:

a.  Requesting amendment to current Interlocal Agreement between Hidalgo County and Hidalgo County Commuter Rail District to reflect the addition of "procurement services and advertising expenses";

b.  Requesting authority to advertise the sealed procurement of a Request for Proposals (with qualifications) for the engagement/contracting of: Professional Consulting Services" in connection with conducting a:  Feasibility Study for the Development of a New Passenger Rail System within Hidalgo County including approval of basic draft qualifications and requirements as developed and forwarded to HC Purchasing by the HC Commuter Rail District Board.
 
5.
Approval of AIA Document A101 between Hidalgo County-Owner and D. Wilson Construction Company-Contractor (forwarded to legal counsel for approval as to form) and awarded through bid by CC 11/03/09 for the "Construction of New Precinct No. 2 Administrative Offices for Hidalgo Co. & Other Co. Offices", including authorization for County to execute document and for project architect, V-A Architect, to issue and forward "Notice to Proceed" to contractor.
 
6.
a. Requesting exception from "Order" approved designating 09-15-09 as deadline for major purchases for the Elected Offices/Programs/Agencies or Departments for the purchase of computer equipment/peripherals, with assurances by the following and vendor that all requested goods and/or services will be received prior to 12-31-09;

b. Acceptance and approval of proposals received from the following vendors through the County's participation/membership with (DIR) Department of Information Resource, (TPSS) Texas Procurement & Support Services.
Requisition Vendor Department Amount Account Number
165164 Dell Marketing L. P. Tax Office $918.00 9-1100-415-15-140-001-0-665
165492 Dell Marketing L. P. Elections $899.94 9-1100-414-00-130-001-0-601
165674 SHI Government, Inc. Jail $3,715.00 9-1100-423-21-280-002-0-665
165255 The Hon Company c/o Jones & Cook District Clerk $5,730.00 9-1100-412-00-090-001-0-601
9-1100-412-00-090-001-0-661
9-1100-412-00-090-001-0-743
165563 DMI c/o Jones & Cook County Court at Law #2 $1,050.00 9-1100-412-00-022-001-0-661
165564 DMI c/o Jones & Cook County Court at Law #2 $610.00 9-1100-412-00-022-001-0-661
 
7.
Pursuant to the newly adopted Commercial Account Use Policy, discussion, consideration, and action on a request by Daniel Flores, Building Maintenance Manager, Facilities Management Department to increase the Home Depot Commercial
Account limit from $15,000.00 to $25,000.00 inasmuch as current projects require expansion of the limit from the current limit.
 
B.
Pct. 1
 
1.
Discussion, consideration, and action for Hidalgo County to exercise and forward notice of termination with Dr. Maria Lorie Ochoa-Contract #C-09-385-09-08- as stated in Section #13 for the provision of Professional Consulting Services in connection with the implementation of a Human Resources Department for Precinct #1.
 
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 for Construction Material Testing 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 professional Construction Material Testing Services required for Precinct No 2 Projects (on an as needed basis);
 
1st.__________________;2nd.__________________;3rd. __________________;

c. Authority for the Purchasing Department to negotiate a professional Construction Materials Testing  Services Contract with the No.1 ranked firm of ___________________________ for the provision of Engineering Services for Precinct No 2 Projects (on an as needed basis).

d. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service for Construction  Materials Testing Services .

e. 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 professional Engineering Services required for Precinct No  2 Projects (on an as needed basis).;

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

f. Authority for the Purchasing Department to negotiate a professional Construction Materials Testing Services Contract with the No.1 ranked firm of ___________________________ for the provision of Engineering Services for Precinct No  2 Projects (on an as needed basis).
 
2.
Acceptance, and approval of request for payment on the following invoice(s):
a.  Invoice #2758 10/26/2009 $10,800.00 Cesar Chavez Drainage Project
b.  Invoice #2764 11/04/2009 $18,000.00 Cesar Chavez Drainage Project
submitted by R. Gutierrez Engineering Corporation, (#C-08-381-09-16) contracted project engineer, subject to Auditor's review and processing procedures completed and authority for County Treasurer to issue payment/check:
 
D.
Pct. 3
 
1.
Acceptance and approval of invoices submitted by L & G Consulting Engineers, Inc., project engineer for the following:
a. Invoice #11323227 - $68,816.00 for project: "FM 681 from FM 2221 to SH 107" C-09-192-06-08; 
b. Invoice #11323228 - $27,482.40 for project: "FM 681 from FM 2221/FM492: FM 681 to FM 364" C-09-192A-06-08;
 
2.
Acceptance and approval of Work Authorization No. 7 (with an estimated cost of $36,924.83) as submitted by project engineer, Javier Hinojosa Engineering for engineering services for "Preparation of plans and specifications for Torvillo Road located between Scott Lane and Bentsen Palm Drive form Business 83 to Mile 1 South" within Hidalgo County Pct. No. 3 through Contract #C-09-176-04-28.
 
E.
Elections Department
 
1.
Presentation of bids received for the purpose of award and approval of contract to the lowest bidder meeting all specifications and/or requirements as attached hereto for request for bids for "2010 Printing and Massive Mail out for Voter Registration Certifications for Elections Department"-Bid NO. 09-431.
 
F.
Tax Office
 
1.
a.  Presentation of the scoring grid in connection with the responses received for the purposes of ranking by Commissioners Court in order to proceed to the next phase of proposal process for :  "Automated Tax Collection System for Hidalgo County Tax Office"-RFP No. 2009-327-09-16-otm;

b.  Requesting authority for Purchasing Department to enter into negotiations with the qualified/ranked proposer in order to finalize a contract for consideration and award for "Automated Tax Collection System" for Hidalgo County Tax Office.
 
2.
a. Acceptance and approval of a modification to Amendment One (Lease Of State Of Texas Registration and Title System (RTS) Information Resources And Support) of the current agreement for the use of State Of Texas Automation Equipment to reflect additional equipment at subcontractor Bridgepoint Insurance in Hidalgo, Texas, thus bringing the current total to 19 sub-contractors, 2 RSPS sub-leased, 8 RSPS leased by county and 6 DTA units with authority of County Judge to execute modified Amendment;

b. Approval for the Hon. Armando Barrera, Jr., Hidalgo County Tax Assessor-Collector or Agent to execute modified Amendment.
 
G.
Colonia Access Program Pct. 2
 
1.
Presentation for discussion, consideration, acceptance and approval of:
a. Application for Final Payment in the amount of $18,748.80;
b. Application for Retainage Release in the amount of $19,201.02;
c. "Certificate of Construction Completion" reflecting the completion date of October 23, 2009; from Valley Paving Inc.  as reviewed and submitted by project engineer R. Gutierrez Engineering Corporation for Las Milpas Subdivision. (C-CAP 09-178-06-23)
 
2.
Acceptance and approval of Change Order No. 3 with contractor Alvarez Construction for El Charro Subdivision, Pct. No. 2 reflecting a net increase in the amount of $10,287.00 due to the adding of 381 SY of concrete driveways and 10 construction days added due to the extra work as reviewed and submitted through project engineer R. Gutierrez Corporation-C-CAP-09-001-04-21.
 
H.
Colonia Access Program Pct. 3
 
1.
Acceptance and approval of Application for Payment No. 2 (Final) in the amount of $26,960.63 from Total Commitment, LLC contracted vendor for Monica Acres Subdivision as reviewed and submitted through project engineer Izaguirre Engineering Group, LLC.-C-CAP 09-256-07-21.
 
2.
Acceptance and approval of Change Order No. 1 with contractor Closner Construction for Ramon Leal Subdivision, Pct. No. 3 reflecting a decrease in the amount of $1,875.00 since utility adjustments were deleted and submitted through project engineer Izaguirre Engineering Group, LLC (C-CAP 09-132-06-08).
 
I.
Colonia Access Program Pct. 4
 
1.
Acceptance and approval of final construction contract (awarded by CC on 10-06-09) for C-CAP-09-381-10-06 Road & Drainage Construction for Laborsita Subdivision between Hidalgo County and Total Commitment, LLC. (Project Engineering Firm of Quintanilla, Headley & Associates Inc.) in the amount of $48,921.00.
 
J.
Sheriff's Office
 
1.
Recommending award of bid and approval of contract document to the lowest bidder meeting all specifications and/or terms and conditions as attached hereto for "Hidalgo County - "Specialty Printed Items and Related Supplies" - Bid No. 2009-443-11-04-YZV for the following elected offices:

a.  Section I - Sheriff's Office:  Inmate Trust Fund Receipt Books;

b.  Section II- District Clerk's Office: Minute Binders, Minute Paper, #10 Envelopes, #28 Catalog Envelopes White Stock-No.Window;

c.  Section III- County Clerk's Office: Booklet Envelopes, Bounds Books, Birth/Marriag Envelopes, Marriage Licenses/Certified Marriage License, Ply Envelopes for Wallet Cards, Banknotes.
 
K.
County Clerk
 
1.
a.   Requesting exemption from "Order" approved designating 9-15-09 as deadline for major purchases for the Hidalgo County Clerk's Office for the acquisition of office equipment with assurances from vendor that item will be delivered six (6) days after receipt of Purchase Order; 

b.  Requesting authority to purchase through Hidalgo County's membership and participation with TXMAS Contract # 2-539030 awarded vendor W.W. Grainger Inc. for One (1) Paper Shredder with Baler, Cross-cut Depth 135 In. with all necessary accessories for Hidalgo County Clerk's Office in the amount of $46,110.00.
 
2.
Presentation for approval of the final negotiated service contract with awarded vendor, PropertyInfo Corp.-Government Services Division., for "Data Warehousing of Hidalgo County Commissioners Court Minutes"-Hidalgo County Clerk's Office-  RFP No. 2009-346-09-30.
 
L.
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)
 
23.
Adjourn