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Minutes for CC REGULAR

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
October 4, 2011
9:30 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 at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:


NOTICE TO THE PUBLIC
CONSENT AGENDA

The following items are of a routine or administrative nature. The Commissioners' Court has been furnished with background and support on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Court Member, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote.

 
 
Minutes Packet
 
1.
 
Roll Call
 
2.
 
Pledge of Allegiance
 
3.
 
Prayer
 
4.
 
Approval of Consent Agenda
 
5.
 
Open Forum
 
6.
 
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.
AI-28890
Resolution in honor of Sgt. Estevan Altamirano
Attachments:
 
C.
AI-28842
Resolution nominating candidate(s) for Hidalgo County Appraisal District Board of Directors for 2012-2013.
Attachments:
 
D.
AI-28774
Approval of Proclamation proclaiming the month of October 2011 as "Domestic Violence Awareness" Month in Hidalgo County
Attachments:
 
E.
AI-28912
County Court At Law No. 7 (1100):
1.  Approval to create the following full-time positions:

Slot No. Position Title
0002 Court Reporter
0003 Court Coordinator
0004 Assistant Court Coordinator
0005 Bailiff/ Interpreter

2.  Approval of intradepartmental transfer.
3.  Approval of salary schedule.
 
F.
AI-28834
Public Defender:
Requesting permission to advertise/hire for the following vacant positions:
1. Public Defender II
2. Administrative Assistant I
Attachments:
 
G.
AI-28832
Approval to accept a settlement check from Fred Loya Insurance Agency in the amount of $3,536.09 to settle auto accident with County vehicle. (Precinct 2)
 
H.
AI-28833
Request by American Legion Post 408 to use the courthouse square parking lot for the Veteran's Day Parade to be held on November 5, 2011 (8-11am)
Attachments:
 
I.
AI-28866
Facilities Management:
Approval to submit application to Department of Energy (DOE) in order to participate in EECBG Portfolio Manager Initiative
Attachments:
 
J.
AI-28891
Status update regarding Operation Clean Slate
 
K.
AI-28892
Notification of location change of Commissioners' Court Meetings
 
7.
 
County Judge's Office:
 
A.
AI-28898
1. Discussion, consideration, and approval of Rio South Texas Regional Planning Consortium Partnership Agreement between Hidalgo County and various entities.
2. Discussion, consideration, and approval of commitment letter for the 2011 Sustainable Communities Regional Planning Grant Program.
 
B.
AI-28915
Recommending Judge Garcia for Tobacco Settlement Permanent Trust Account Administration Advisory Committee (who is already designated as Hidalgo Co. representative to Tx. Conf. of Urban Counties) and Budget Officer Sergio Cruz for Tobacco Settlement Permanent Trust Account Investment Advisory Committee.
Attachments:
 
8.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-28858
Requesting approval of Amended Bond for Commissioner Pct. 3 Joe M. Flores.
 
B.
AI-28897
Requesting approval of Official Bond for County Court-at-Law #7 Judge Rolando Cantu.
Attachments:
 
9.
 
District Attorney's Office - Roy Casares:
 
A.
AI-28880
Crim DA (1100)/ Invest. HB 65 (1223)/ Border Prosec. Init. (1281):
1.  Approval of the following personnel actions:


Action

Program

Slot No.

Position Title

Grade
%
Distribution
Delete CRIM DA
080-002
0054 Criminal Investigator I 12  90.57%
 DA INVEST. HB65
080-007
0026   9.43%
           
Create CRIM DA
080-002
0095  Assistant District Attorney II
(Add Auto Allowance = $900.00)
14 91.07%
DA INVEST. HB65
080-007
 0071 8.93%
           
Delete Border Prosec. Init.
080-012
0003 Administrative Assistant I 4 100% 
           
Create  Border Prosec. Init.
080-012
0004 Assistant District Attorney IV
(Add Auto Allowance = $900.00)
18  100%

2.  Approval of interdepartmental/intradepartmental transfers.
3.  Approval of revised salary schedules.
 
10.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
B.
AI-28899
Discussion and Action on approval for waiving the septic tank installation permit fee ($75.00) and the septic tank final inspection fee ($60.00) for the Vallejo Subdivision Pct 3 Project
Attachments:
 
11.
 
Fire Marshal's Office - Juan Martinez:
 
A.
AI-28805
Discussion and approval of the following 2011 Interlocal Cooperation Agreement(s):

1.  City of Pharr
2.  City of Mission
 
12.
 
Facilities Management:
 
A.
AI-28881
1. Discussion, consideration and approval for check issuance to Milnet Architectural Services in the amount of $700.00 due to state compliance mandates for ADA site inspection at the Elections Warehouse aka (Retrofit Mechanics Warehouse).

2. Discussion, consideration and approval from Commissioners' Court to authorize the Commissioners' Court Executive Officer to sign documents as Owner Agent.
 
13.
 
IT Department - Renan Ramirez
 
A.
AI-28845
Hidalgo County Elections:
Authorization to downgrade wireless device and service through the County's membership/participation with Contract: DIR-SDD-604 (Requisition # 202841) with awarded vendor VERIZON WIRELESS for the following:

 
Qty: Current Plan: Monthly Cost: Proposed Plan: Monthly Cost: Notes:
85 Nationwide Talk Share 15000 Mins $17.52 X 85 = 1,489.20 State of TX Local Digital Choice Flat Rate $3.99 + $.08 per min $3.99 X 85 = $339.15 Cushion for the $.08 per minute used on all cell phones
 
B.
AI-28849
Hidalgo County WIC:
Authorization to purchase wireless device and service through the County's membership/participation (CONTRACT: DIR-SDD-604, REQ # 203469) with awarded vendor VERIZON WIRELESS for the following:

 
Qty: Description: User: Monthly Cost: Equipment Cost:
2 Americas Choice ll 400 Natl Share Office Use  $29.99 X 2 = $59.98 + $10.00 taxes/fees = $69.98 $0 
 2 Americas Choice ll 600 Share  Office Use $42.99 X 2 = $85.98 + $10.00 taxes/fees = $95.98   $0
 
14.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-28840
HIDTA Task Force (1291)/ HIDTA Ch 59 (1251):
1.  Approval to redistribute the cost allocations to one (1) vacant Criminal Investigator I position, as listed below, effective 10/10/2011:


Position Title Grade Slot No. Dept./ Fund Current
Cost Allocation
Distribution
(%)
Proposed
 Cost Allocation
Distribution
(%)
Criminal Investigator I 12 G003 HIDTA Chapter 59 (1251) 22.71% 25.08% 
G003 HIDTA Task Force (1291) 77.29% 74.92%

2.  Approval of revised salary schedules.
 
15.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-28847
Approval of Full Contract for Election Services between Hidalgo County and City of McAllen for their election to be held on November 8, 2011.
 
16.
 
TX. Agri-Life Extension Services:
 
A.
AI-28822
Approval of Proclamation proclaiming the week of Oct 2-8, 2011 as National 4-H Week in Hidalgo County.
 
17.
 
Head Start Program - Teresa Flores:
 
A.
AI-28835
Discussion, Approval and Appointment of One (1) Community Representative by Each Member of the Commissioners' Court, to Serve on the HCHSP Policy Council, for a One (1) Year Term According to 45 CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning October 2011
Attachments:
 
18.
 
Public Defender's Office - Jaime Gonzalez:
 
A.
AI-28818
Requesting approval to accept the attached FY2012 Multi-year Discretionary Grant award in the amount of $243,033.57 from the Texas Indigent Defense Commission, for the period of 10/1/2011 TO 09/30/2012. “The Statement of Grant Award was duly executed by Judge Fred Garza, Authorized Official in accordance with the 2012 Hidalgo County Resolution Indigent Defense Discretionary Grant Program dated February 22, 2011. Therefore, due to a time-sensitive deadline, the grant award has already been sent to the Texas Indigent Defense Commission.”
Attachments:
 
B.
AI-28813
Discussion, consideration, and creation of an Advisory Board for the Public Defender's Office - Juvenile Section and appointment of Board Members.
 
C.
AI-28825
Requesting approval to reimburse employee Jaime E. Gonzalez (Emp. #120227) for the purchase of office supplies in the amount of $30.30, with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.
Attachments:
 
19.
 
Precinct #1 - Comm. Quintanilla:
 
A.
AI-28857
Approval of Interlocal Cooperation Agreement between Hidalgo County and City of Edcouch (stray animals)
 
20.
 
Budget & Management - Sergio Cruz:
 
A.
AI-28718
TxDot (1315):
1.  Discussion, consideration, acceptance and approval of Advance Funding Agreement between County of Hidalgo and Texas Department of Transportation covering Off-System Bridge Replacement and Rehabilitation for the CR 229 (Mile 17 1/2 Rd) at the Drainage Ditch Creek bridge project.

2.  Authority for County Judge to sign the Advance Funding Agreement.

3.  Approval of 2011 interfund transfer from Precinct #1 Road & Bridge (1200) to TxDot Projects (1315) in the total amount of $5,211.02 to fund Hidalgo County's estimated share for the CR 229 (Mile 17 1/2 Rd) at the Drainage Ditch Creek bridge project.

4.  Approval to pay TxDot the proportionate share ($518.40) of the estimated cost for the CR 229 (Mile 17 1/2 Rd) at the Drainage Ditch Creek bridge project.
 
B.
AI-28876
Discussion, consideration and approval to submit an Economically Disadvantaged Counties Program (EDCP) application and affidavit for consideration of local participation reduction for the Mile 2 N From SH 364 to Inspiration Rd (CSJ: 0921-02-921) Project.
Attachments:
 
C.
 
Budget Appropriations:
 
1.
AI-28800
TxDot Notes Payable (1315):
Approval of 2011 appropriation of funds into TxDot Notes Payable in the total amount of $39,062.20.
Attachments:
 
21.
 
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.

B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
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.
AI-28794
a.  Requesting exemption from competitive bidding requirements under Texas Local Government Code, 262.024(a)(7)(A)"Items for which competition is precluded because of existence of patents, copyrights, secret processes or monopolies" in connection with the "Support and Maintenance Agreement" for the Hosting and Government Content Management System of Hidalgo County's Website with Icon Enterprises, d/b/a CivicPlus;

b.  Approval of a "Sole Source Declaration" for Icon Enterprises, d/b/a CivicPlus with authority to enter into an annual support and maintenance agreement in the amount not to exceed $13,500.00.
 
5.
AI-28807
a.  Requesting authority/approval  to cancel project due to no qualifying bids received for RFB No 2011-209-08-17-YZV - Hidalgo County "Lease of Office Space to House Judicial Courtroom"  or, in the alternative;

b.  Requesting authority to re-advertise the project using the original CC approved procurement packet.
 
6.
AI-28863
a.  Discussion and applicable action if necessary in connection with construction materials testing services contract #C-10-319-10-19-L & G Laboratory , LLC, Article 3 (attached herein) to clarify that the Work Authorization is sufficient notification by County to firm and no additional written notification is necessary;

b.  Discussion and applicable action if necssary in connection with surveying, appraisal, construction materials testing and any other professional service contract(s) (samples attached herein) to clarify those  Articles that state either work authorizations or purchase orders constitute notice "in writing" by the County and that no additional written document is required.
 
B.
 
Pct. 1
 
1.
AI-28826
a.  Status report and recommendations related to negotiations with the number one ranked firm of G.A.S. Enterprises, Inc.;

b.   Acceptance and approval of final negotiated contract document (authorized for negotiations by CC on 07/12/11) including G.A.S. Enterprise's reconsideration of his best and final offer for the provision of the Construction Management Services For Design And Construction Of A New Constable Building-Precinct One,  OR, in the alternative;

c.  Authority to cease negotiations with the number one ranked firm;

d.  Authority to commence negotiations with the number two ranked firm of Dannebaum Engineering for the provision of the Construction Management Services For Design And Construction Of A New Constable Building-Precinct One;

e.  Recommendation by Hon. Celestino Avila, Constable, Precinct #1 for CC to consider and approve  the "cancellation" of project management services for the project and have work assigned to County staff. 
 
2.
AI-28820
Approval and acceptance of contract document with Guzman & Munoz Engineering & Surveying (authorized for negotiations by CC 8-16-11) for the provision of Professional Surveying Services for "Road and Bridge, C.I.P. and Other Projects in General" on an as needed basis for Hidalgo County Precinct #1.
Attachments:
 
3.
AI-28873
Acceptance and approval of Supplemental Agreement No. 1 to Work Authorization No. 2 of an increase amount of $115,014.00 for the completion of the Right-of-Way Map with the additional twenty-five (25) parcels in connection to Contract #C08-417-12-09-PO#644483 with L & G Engineering for professional engineering services for the "FM 493 from US 281 (Military Highway) to Business 83" Project.
 
C.
 
Pct. 3
 
1.
AI-28859
Acceptance and approval to award the best valued proposal from job order contractor, Alpha Building Corp. (awarded JOC through HCDE-Choice Facility Partners) in the amount of $28,823.51 which includes a $5,000.00 Contingency allowance for  Repairs & Replacement to Boat Dock & Floating Dock at Anzalduas Park Pct. #3 aka project #2011-164-08-04-OGG.
Attachments:
 
2.
AI-28878
Requesting approval of the following in connection with the, "Drainage Improvements to 2 Mile Line Dry Bore Method to Abram Rd Canal Crossing," in Precinct No. 3 and as submitted by awarded contractor Valley Boring Service, LLC:

a. Certificate of Construction Completion from Valley Boring Service, LLC, reflecting the date of September 14, 2011;

b. Approval of Request for Final Payment in the amount of $73,160.00.
 
D.
 
WIC
 
1.
AI-28686
Presentation of sole bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Bid titled: "Lease of Office Space-City of McAllen"-Hidalgo WIC Program- through project No.: 2011-212-08-31-SGS.
Attachments:
 
2.
AI-28678
Presentation of bids received as detailed in tabulation sheet contained herein for the purpose of award and approval of contract to the lowest bidder meeting all specifications and/or requirements for the request for bid titled:"Lease Office Space-Edinburg-WIC Administration Offices"-Hidalgo County WIC Program, through project No.: 2011-148-08-17-SGS.
 
E.
 
Tax Office
 
1.
AI-28865
a.  Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024 (a)(7)(A) ...items for which competition is precluded because of proprietary or secret processes...;

b.  Approval of the Sole Source Declaration for Appraisal and Collection Technologies, LLC for the Data Conversion Assistance including authority to purchase services on an as needed basis commencing with the City of Hidalgo through requisition #202853 in the amount of $5,000.00;(1-1100-415-15-140-001-0-336).
Attachments:
 
F.
 
Sheriff's Office
 
1.
AI-28098
Requesting authority to advertise with approval of plans and specifications developed by project architect GIGNAC & Associates LLP for Hidalgo County -Construction of Sheriff's Office Substation in the Precinct No. 1 Area. RFB No. 2011-032-11-01-MSS.
 
2.
AI-28823
Acceptance and Approval of Notice of Assignment for value received, and in accordance with Assignment of Claims Act of 1940, as amended (31 U.S.C. 3727, 42 U.S.C. 15), Paradigm System Solutions Inc., Assignor, does hereby assign to U.S. Bank National Association.  all monies due or to become due under PO # 663176  dated September  6, 2011 for end user  County of Hidalgo (Sheriff's Law Enforcement Facility) 
Attachments:
 
3.
AI-28815
a. Authorization to purchase through Hidalgo County's membership and participation with TASB/Buyboard's awarded vendor, Philpott Motors-Contract No. 358-10, One (1) New 2012 or newer Ford Expedition fully equipped for a total of $31,750.00 which includes $400.00 buy-board pricing and delivery fees for -Project #2011-267-OGG; or in the alternative,

b. Authority to advertise sealed competitive procurement for the purchase of: One (1) New 2012 or newer Ford Expedition fully equipped to include options as described on attached specifications or equivalent.
Attachments:
 
G.
 
Right of Way
 
1.
AI-28824
Acceptance of the recommendation by Joe Pena (evaluator) of responses received as "qualifed" for award for: "Title Company Services" (as listed in the RFP Acceptance Sheet attached hereto) and approval of the draft contract(s). (RFP No.: 2011-150-08-03-CGA)
 
22.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 
A.
 
Real Estate Acquisition
 
B.
 
Cause No. C-3123-03-I; Hidalgo County, Texas v. Landmark Organization, L.P. et al
 
C.
 
Pending and/or potential litigation
 
D.
AI-28828
Claim of Melba Morales
 
23.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same
 
B.
 
Cause No. C-3123-03-I; Hidalgo County, Texas v. Landmark Organization, L.P. et al
 
C.
 
Pending and/or potential litigation
 
D.
AI-28829
Claim of Melba Morales
 
24.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
25.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
26.
 
Adjourn
There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the blank day of Month, 2012

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Priscilla Torres, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on MONTH DAY, 2012.

Signed this _DAY__ day of MONTH 2012




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Priscilla Torres, Deputy