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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
December 15, 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 Rosa A. Arguelles
 
E.
C-3445-09-A; Antonio Gonzalez v. Lazaro Gallardo, Jr.
 
F.
EEOC Charge No. 31C-2010-00170C; Anna L. Delgado vs. Hidalgo County
 
G.
Claim of Tomas Fonseca and Isidra Fonseca
 
H.
Elisa Solis, Ninfa Peralez, Blanca Caballero and Anet Hernandez v. Hidalgo County-Cause No. C-1491-06-E
 
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 Rosa A. Arguelles
 
E.
C-3445-09-A; Antonio Gonzalez v. Lazaro Gallardo, Jr.
 
F.
EEOC Charge No. 31C-2010-00170C; Anna L. Delgado vs. Hidalgo County
 
G.
Claim of Tomas Fonseca and Isidra Fonseca
 
H.
Elisa Solis, Ninfa Peralez, Blanca Caballero and Anet Hernandez v. Hidalgo County-Cause No. C-1491-06-E
 
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 Amendment to Cardenas Earnest Money Contract
 
C.
Discussion, consideration, action regarding written Resolution and ballot selection of Appraisal District Board of Directors for 2010-2011
 
11.
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.  Request approval to accept the attached amended FY 2010 SDI Contract #2010-033069, Attachment #001A, in the amount of $173,643.00 for a total of $401,084.00 for the period 9/1/2009 to 8/31/2010.
2.  Approval of Certification of Revenues as certified by the County Auditor for the SDI Contract.
3.  Request approval of the attached amended SDI Contract Budget for the period 9/1/2009 to 8/31/2010 (Acct # 9-1293-441-00-340-018-0).
 
C.
Approval of Interlocal Cooperation Act Contract to Provide Health Care Services Between the University of Texas Medical Branch at Galveston and Hidalgo County
 
12.
IT Department - Renan Ramirez:
 
A.
1. Authorization to purchase through the County's membership/participation with awarded vendor SPRINT through Requisition# 166661, contract# HGAC CW05-02 for the following services:

Quantity: Description: One Time Equipment Cost: Total Cost: Notes:
1 BlackBerry Tour 9630 .99 .99 Upgrading Stan Ramos' IC502 to Blackberry Tour 9630

2. Approval of the attached cellular phone request form under the county's cell phone policy.
 
B.
Indigent Defense:
1. Authorization to purchase requisition #166740 through the County's membership/participation with HGAC CW05-02 with awarded vendor Sprint for the following services:

Quantity
Description
One Time Unit Cost
Total Cost
Notes
1
MIFI 2200
$299.99 - $200.00 = $99.99
$99.99
Equipment upgrading from u598 data card to MIFI 2200 data card

2. Approval of the attached cellular phone request form under the county's cell phone policy.
 
13.
Head Start Program - Teresa Flores:
 
A.
Discussion/Approval of Bid Awards and Contracts to Lowest Bidder Meeting all Specifications for Roof and Siding Repairs as Follows:
1.   Bid #2009-045-11-03:  Roof Repair    - Donna I           
2.   Bid #2009-050-11-03:  Roof Repair    - San Juan II
3.   Bid #2009-051-11-03:  Roof Repair    - Western Road
 
B.
Discussion/Approval of Bid Award and Contract to Lowest Bidder Meeting all Specification for the Construction of Three (3) Portable Classrooms    Bid#2009-052-11-10
 
14.
WIC - Norma Longoria:
 
A.
1. Requesting approval to make payment for the 2010 membership dues for the National 
WIC Association of WIC Directors in the amount of $400.00 for Norma L. Longoria,WIC Director, with authority for County Treasurer  to issue check after review,audit, and processing procedures are completed by the County Auditor . Req. # 166918.

2. Requesting approval to make payment for the 2010 Texas Association of Local WIC Directors Annual Membership in the amount of $125.00 for Norma L. Longoria, WIC Director with authority for County Treasurer to issue check after review,audit, and processing procedures are completed by the County Auditor. Req. # 166920.
 
15.
Colonia Access Program - Agapito Vargas
 
A.
Discussion, consideration and action on Interlocal Agreement between The City of San Juan and County of Hidalgo to construct 2nd Call Border Colonia Access Program within the city limits of San Juan (Morning Sun Subdivision).
 
16.
Precinct #2 - Comm. Palacios:
 
A.
Discussion and action on Amendment to Interlocal Cooperation Agreement between the City of Pharr and County of Hidalgo regarding Sioux Rd. Improvements
 
17.
Precinct #3 - Comm. Flores:
 
A.
Approval to correct road name from Torvillo Rd. to Tordillo Rd. as approved by 911-Department
 
18.
Budget & Management - Raul Silguero Jr.:
 
A.
Budget Appropriations:
 
1.
Pct. #3 R&B (1203):
Approval of 2009 appropriation of funds into Precinct No. 3 P/U Rd (program no. 005) in the amount of $29,015.82 to fund the purchase of a vehicle.
 
B.
Salary Schedule Changes:
 
1.
Pct. #4 P/U Rd (1204) & Parks (1214):
a. Approval to provide supplemental pay due to the assignment of additional duties related to the new Pct. No. 4 Drainage Projects to the following employees, for the duration of the Drainage Improvement Project.  Effective next full pay period (12/21/09). 

Dept.
Slot No.
Employee No.
Position Title
Proposed 
Supplemental Pay
Parks (124-009) 
 0001
128295
Park Director 
 8,778.00
 R&B (124-007)
 0002
073083
 Field/ Operator Director
 4,000.00
 R&B (124-007)
 0003
 026174
 Special Project Coordinator
 3,874.00
 R&B (124-007)
 0004
002909
 A/P Clerk
 2,500.00
 R&B (124-007)
 0015
115371
 Clerk/Receptionist
1,500.00
 
 
 
TOTAL COMPENSATION:
$20,652.00

b. Approval of intradepartmental transfers.
c. Approval of revised salary schedule.
 
2.
Sheriff's Department - Fund 1284/1100:
a. Discussion, consideration and possible action to create fifteen (15) General Fund regular full-time Deputy Sheriff positions (slot no.'s 331-345) budgeted salaries as per Law Enforcement Step & Grade Pay Plan effective January 1, 2010 due to the completion of the requirement for the retention phase of the COPS Universal Hiring 15 grant on December 31, 2009.
b. Approval of revised 2010 salary schedule.
 
3.
DBM - Workers Comp Division (2202):
a. Approval to fund AI-18774 approved by CC 12/01/09 from Fund 2202.
b. Approval of intradepartmental transfer
c. Approval of revised salary schedule
 
19.
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. Approval of an Order recommended by the Texas Conference of Urban Counties adopting changes to the Master Software License and Professional Services Agreement (Amendment No. 1) for the Common Integrated Justice System (CIJS) Court Administration System, and approving all actions necessary for the payment of existing amounts due under that agreement.
b. Acceptance and approval of an Amendment No. 1 to the Master Software License and Professional Services Agreement, between Hidalgo County and Texas Conference of Urban Counties;

c. Acceptance and approval of Invoice Nos. 5565-$341,250.00 and No. 5566-$367,500.00 as submitted from Texas Conference of Urban Counties, after Auditor's review and processing procedures completed including authority for County Treasurer to issue payment(s)/check(s).
 
5.
Presentation of a recommendation by Tony Pena, Fire Marshal for approval by Commissioner's Court to request a "mutual" termination of agreement #C-07-340-07-03 with Tri-County Communications, inasmuch as the current contract will automatically renew on 01/01/10 for a two (2) year term.
 
6.
Approval for a "Premium Rate Adjustment" to the Medical Malpractice Liability Coverage in the Property and Casualty Insurance Policies in the amount of $14,152.78, are result of the updating of the renewal application forms for the Hidalgo County Health Department, WIC Clinics and the County Jail.
 
7.
Presentation for discussion, consideration, and action on a recommendation by project engineer Javier Hinojosa Engineering to award to the lowest bidder meeting all specifications: Valley Paving, Inc. in the amount of $100,200.10 for Bid No. CAP-09-465-11-25-YSI "Road & Drainage Construction for Hilda Subdivision No 2".
 
8.
Acceptance & approval of the following:
a.  Certificate of Project Completion reflecting 09-30-09 (final inspection);

b.  Request for Final Payment in the amount of $28,486.23; and,

c.  Request for Retainage Release in the amount of $5,562.35

from Jimmy Closner & Sons Construction, Co., Inc. (contracted vendor) for "Hidalgo County -Paving Improvements (Crub-Gutter-Sidewalks-Green Areas) at 201-217 N. Closner, Edinburg, TX" and as certified for payment by project engineer, Quintanilla, Headley & Associates, Inc., after review and processing procedures completed by County Auditor with authority for County Treasurer to issue payment/check (C-08-111A-10-14). 
 
9.
Recommendation by project engineer TEDSI Infrastructure Group to award to the lowest bidder meeting all specifications: Total Commitment, LLC in the amount of $58,460.50 for Bid No. CAP-09-382-09-23-YSI "Road & Drainage Construction for High Point Subdivision.
 
B.
Pct. 1
 
1.
Requesting approval of the following in connection with the "Culvert Crossing & Drainage Improvements Project Mile 13N & Mile 6W" for Precinct No. 1 as submitted/certified by either project engineer,  Dos Logistics, Inc. and awarded contractor, Closner Construction Company:

a. Change Order No. 2 reflecting liquidated damages in the amount of $12,000.00;
b. Certificate Of Construction Completion from Closner Construction Company reflecting the completion date of September 2, 2009;
c. Final Payment  Application in the amount of $31,753.63; 
d. Request for Release of Retainage Fee in the amount of $22,900.55.
 
C.
Pct. 3
 
1.
Approval to purchase one (1) New 2010 Chevrolet 1500 Silverado 4x4 Crewcab PU through the County's membership/participation with HGAC (Houston-Galveston) awarded vendor, Caldwell Country Chevrolet (Contract #VE03-06) in the amount of $30,911.00 to include but not limited to administration fee's and delivery fees for use of Precinct #3'  Project #2009-493-OGG.
 
D.
Health & Human Services Dept.
 
1.
Acceptance and approval of Architect's Supplemental Instruction No. 002 (AIA G710) to CAS Companies current contractor for this project to provide additional modifications to renovations for : Hidalgo County Health and Human Services Clinics -Renovations of Clinics project in the total amount of $4,810.00 with no impact to total project sum or time-line.
 
E.
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/proposer in order to finalize a contract for consideration and award of an "Automated Tax Collection System" for Hidalgo County Tax Office.
 
F.
Colonia Access Program Pct. 2
 
1.
Acceptance and approval of claim from Raba-Kistner in the amount of $516.75 for material testing on Eldora Gardens Subdivision with authority for County Treasurer to issue payment after processing procedures are completed by the County Auditor.
 
G.
Sheriff's Office
 
1.
Recommending action to reject all bids received for Sheriff's Office"Medical Supplies and Equipment" RFB No. 09-386-10-07-SGS with authority to re-advertise with modifications on specifications. The 90 day deadline is January 04, 2010 and due to the lenghty process of awarding and executing the contract the deadline would not be met.
 
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)
 
20.
Adjourn