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Minutes for CC REGULAR

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
May 22, 2012
9:30 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR MEETING of the Commissioners' Court will be held at Edinburg Council Chambers, 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
Minutes Packet
 
1.
Roll Call
 
2.
Pledge of Allegiance
 
3.
Prayer
 
4.
Approval of Consent Agenda
 
5.
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.
Recognition of Participants in Job Shadow Day 
 
C.
Resolution honoring Hidalgo County Veterans Service Organizations’ Honor Guard Detail
 
D.
1.  Proclamation naming May 2012 as “Mental Health Awareness Month"
2.  Presentation of Community Leadership Award to Sheriff Guadalupe “Lupe” Trevino by the South Texas Behavioral Health Center
Attachments:
 
E.
Facilities Management:
Requesting approval to advertise/hire for the following:
 
Slot No. Position Title Grade/ Step
0054 Maintenance III 5/1
0097 Welder I 4/1
0100 Carpenter I 3/1
0108 Electrician I 8/1
0110 Maintenance I 1/1
Attachments:
 
6.
Constables:
 
A.
Discussion, consideration, and approval to appoint James Moon as a Reserve Deputy Constable by Constable J.E. "Eddie" Guerra, Constable Precinct 4 in accodance with Texas Local Government Code Section 86.012
Attachments:
 
7.
County Judge's Office:
 
A.
Recognition of County Auditor’s Office for receiving the Certificate of Achievement for Excellence in Financial Reporting.
 
B.
Resolution in honor of Staff Sgt. Joseph Fankhauser
Attachments:
 
8.
County Treasurer - Norma Garcia:
 
A.
Approval of Hidalgo County Investment Policy
Attachments:
 
9.
Tax Office - Armando Barrera:
 
A.
Pursuant to the Tax Code 31.11 (c-1), requesting approval to extend the tax refund deadline of three years to an additional two years for the following tax refunds.

REFUND TYPE ACCT # TAXPAYER REFUND AMT PAYMENT DATE
Overpayment O8300.99.000.0001.20 B&D Sports Inc DBA CTC Distributing $3183.11 5/17/08
Attachments:
 
10.
Health & Human Services Department - Eddie Olivarez
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
11.
Emergency Management - Oscar Montoya:
 
A.
Proclamation designating May 27-June 2, 2012 as National Hurricane Preparedness Week
Attachments:
 
12.
HIDTA - Task Force - Dora Munoz:
 
A.
1.   Requesting to remove the following assets from the Fixed Asset Inventory:

Asset No. Description Acquisition Date Serial No.
44487 Dell Precision 380 CPU Tower 12/28/2005 1C9XS81
44488 Dell Precision 380 CPU Tower 12/28/2005 7C9XS81

2.  Authorization and approval to accept the Memorandum of Understanding between the Hidalgo County HIDTA Task Force and the Palmer Drug Abuse Program.

3.  Authorization and approval to accept the Memorandum of Understanding between the Hidalgo County HIDTA Task Force and the Hidalgo County Constable's Office, Precinct 3.
 
13.
Urban County - Diana Serna:
 
A.
Urban County Program on behalf of the City of Elsa is requesting approval of Amendment No. 1 to the existing contract agreement for material testing with L & G Engineering Laboratory, LLC. Amendment will modify the scope of work and decrease the total estimated fee by $1,137.99 for the Parks, Recreational Facility Improvements – Mario Leal project for FY 22 (2009).
 
B.
Urban County Program, on behalf of the City of Palmview, is requesting consideration and action to award and enter into a construction contract with MJA Construction, LLC for the Street Improvements project in the amount of $109,036.20, utilizing funds from UCP Year 23 (2010) Urban County Street Improvements line item.
 
C.
The Urban County program on behalf of Hidalgo County Precinct No. 1 is requesting approval and award of best and final negotiated contract with Guzman & Muñoz Engineering and Surveying, Inc. in the amount of $15,420.00 utilizing CDBG FY 24 (2011) Street Improvement – Solar Lights project.
 
D.
The Urban County Program is requesting approval of a best and final negotiated contract with Dos Logistics Inc. in the amount of $874,911.00 utilizing Texas General Land Office (GLO) Disaster Recovery Round 2.1 funds for the Hidalgo County Pct. 1 Flood Drainage Improvements Project known as the “Delta Area Connector/East Lateral”. (GLO Contract No. 12-406-000-6453)
 
E.
The Urban County Program is requesting approval of a best and final negotiated contract with Quintanilla, Headley & Associates in the amount of $162,980.00 utilizing Texas General Land Office (GLO) Disaster Recovery Round 2.1 funds for the Hidalgo County Pct. 1 Flood Drainage Improvements Project known as the “Delta Area Connector/East Lateral”. (GLO Contract No. 12-406-000-6453)
 
F.
The Urban County Program is requesting approval of a best and final negotiated contract with SAMES Engineering & Surveying, Inc. in the amount of $189,225.00 utilizing Texas General Land Office (GLO) Disaster Recovery Round 2.1 funds for the Hidalgo County Pct. 1 Flood Drainage Improvements Project known as the “Delta Area Connector/East Lateral”. (GLO Contract No. 12-406-000-6453)

Attachments:
 
14.
Elections Administration - Yvonne Ramon:
 
A.
Discussion and/or action, including but not limited to Elections updates
 
15.
Head Start Program - Teresa Flores:
 
A.
Discussion/Approval of Program Calendar for Program Year 2012-2013
 
B.
Discussion/Approval to Disperse Lump Sum Summer Paychecks to Staff Who Resign as of the Last Summer Leave Day/Last Working Day for Position Assigned
Attachments:
 
C.
Discussion/Approval of Memorandum of Understanding between Edinburg Consolidated Independent School District and Hidalgo County Head Start Program
Attachments:
 
D.
Discussion/Approval of Bid Awards and Contracts to Bidders Meeting all Specifications for the Lease of Classroom Space in the Following Areas:

1. Bid #2012-005-05-03: Classroom Space -Donna Area
2. Bid #2012-006-05-03: Classroom Space -Edinburg Area     
3. Bid #2012-007-05-03: Classroom Space -Mercedes Area
4. Bid #2012-008-05-03: Classroom Space -Mercedes Area
5. Bid #2012-009-05-03: Classroom Space -McAllen Area
6.  Bid #2012-010-05-03: Classroom Space -McAllen Area
7. Bid #2012-011-05-03: Classroom Space -Mission Area
8. Bid #2012-012-05-03: Classroom Space -Mission Area
9.  Bid #2012-013-05-03: Classroom Space -Pharr Area
10. Bid #2012-014-05-03: Classroom Space -Weslaco Area
11. Bid #2012-015-05-03: Classroom Space -Weslaco Area
 
E.
1.  Presentation of the Providers Submitted Responses to the Following Hidalgo County Head Start Program's Request  for Qualifications and Meeting the Minimum Requirements as Set Forth in the Procurement
2.  Approval for Head Start to Negotiate Contracts (in a form approved by Legal Counsel) for all the Professional Services Providers as Requested through the Hidalgo County Head Start Program's RFQs for said Services and as Detailed Below Attached Hereto

Head 2 Toe Rehab, Inc.
Lifespan Rehabilitation Center, LLC.
Famber Group, LLC., DBA/Mission Rehabilitation Services
Leaps And Bounds Pediatric Rehab Center, Inc.
ProCare Therapies, PC.
Optimum Kids, LTD DBA/Alton Rehab Center
Renaissance Outpatient Rehab Center, LLC., DBA/Kids Korner
Children’s Care Rehabilitation Center
Risas y Rayones Rehab Services
Eccleage Therapy,  LLC., DBA/Bambinos Pediatric Rehab
Therapeutic Rehabilitation Center, LLC.
Best Beyond Expectations Speech Therapy, LLC.
Valley Therapy Center, Inc.
Skill Builders Rehabilitation, LLC.
Tauro Investments, DBA/Kids Zone Children’s Rehab
Dynamic Rehab Group, DBA/Dynamic Children Therapy Services
Children’s Speech & Language Center, PLLC.
Cheers Therapy Center, LLC.
Faz Labasbas, LLC., DBA/Weslaco Therapy Center
RGV Enterprises, LLC, DBA/Little All Stars Children’s Rehab
Melody’s Kids Care, LLC.
RGV’s Training Wheels Therapy Clinic
NTC Partners, LLC. DBA/Therapy Works Rehab Services
Nissi Therapy Center of Edinburg, LLC. DBA/ High Point Therapy Center
SAB & Associates, LLC. DBA/Kid Abilities Children’s Rehab
Bright Therapy Solutions, LLC.
Mercy Rehab Service, Inc.
Sign Language Services
Best Care Physicals Therapy, PC
DBA/ Advance Therapy Solutions
Kidspeech, Inc.
Building Bridges Therapy Clinic, LLC.
Acovill Management Co. LLC
DBA/Kids In Action Therapy
Therapy Zone, PLLC
QTP II, Inc.
DBA/ Quality Therapy Provider
Thera Care Rehab Services, PLLC
Attachments:
 
F.
1.  Presentation of the Providers Submitting Responses to the following Hidalgo County Head Start Program’s Request for Qualifications and Meeting the Minimum Requirements as Set Forth in the Procurement Packets and as Determined by the Head Start Program Staff Grading/Scoring Said Responses for the Purpose of Commissioners’ Court Accepting the Providers as “Qualified” in Order to Proceed to the Next Phase of the Procurement Process-Negotiating Contracts
2.  Approval for Head Start to Negotiate Contracts (in a form approved by Legal Counsel) for all the Professional Services Providers as Requested through the Hidalgo County Head Start Program’s RFQ for said Services and as Detailed Below Attached Hereto

Medical RFQ   #2012-001-04-11 - Nuestra Clinica Del Valle, Inc.
Dental RFQ    #2012-001-04-11 - Mohammad H. Mirmohammadi  
                                                  New Horizons Family Dentistry, PLLC
                                                  Texas Smiles Dental Center of Mission, PLLC  
                                                  Nuestra Clinica Del Valle, Inc.
Mental Health  #2012-002-04-11- Professional Counseling Services,PLLC 
                                                  Anita Sandoval
                                                  Tony Guzman, DBA/Guzman & Associates
                                                  Esmeralda Meave
                                                  Maricela Medrano
                                                  New Horizon Group, LLC, DBA/ New Horizon Behavioral Health

 
G.
Discussion/Approval of the Hidalgo County Head Start Program 2012-2013 Program Plans:
1.  Child Nutrition
2.  Education
3.  Family Services
4.  Health Services
5.  Human Resources
6.  Mental Health
7.  Special Services
8.  Transition
9.  Transportation 
Attachments:
 
16.
Right of Way - Joe Pena:
 
A.
Consideration of the use of Eminent Domain to condemn property on the following Parcels for the FM 681/FM 2221 Road Project(TXDOT CSJ #0669-01-052) Parcels # 14,31,36,62, and 68.  (Pct.#3) (a description of such parcels attached as Exhibit A- E)
Attachments:
 
B.
Authorization for the County Judge to Execute Earnest Money Contract from the City of Edinburg on the Airport Property.
 
17.
Planning Department - Raul Sesin:
 
A.
1. Release of Letter of Credit
a. El Toro Mobile Home and RV Park Subdivision – Pct. 3 (Duane Gord)
 
B.
1. Preliminary Approval
a. San Clemente Subdivision – Pct.4 (Herb Scurlock)

2. Final Approval
a. RBA Donna Subdivision – Pct. 1 (Eloy T. Garcia)
b. Aurora Valley Phase I Subdivision – Pct. 4 (M.L. Rhodes)
c. Re-Subdivision of Lot 8 Victoria North Unit No.2 – Pct.1 ( Juan Ozuna)
d. CIMA Subdivision – Pct. 3 (Gary Maloney)

3. Reimbursement of a Cash Deposit
b. El Toro Acres Subdivision – Pct. 3 (El Toro Builders, Inc.)
b. Hutton No. 7 Subdivision – Pct. 3 (Karen Hutton)

4. Discussion and Possible Action on Utility Certificate Policy on large platted
lots (between 5 and 10 acres)
 
18.
Precinct #4 - Comm. J. Palacios:
 
A.
Proclamation to Proclaim Josephina "Josie" Ramirez as the 2012 Hidalgo County Head Start Volunteer of the Year on this day of May 22, 2012
Attachments:
 
19.
Budget & Management - Sergio Cruz:
 
A.
Budget Appropriations:
 
1.
Pct. 1 R & B (1200):
A. Approval of certification of revenues, as certified by County Auditor, for reimbursement revenues received by South Texas ISD in relation to Interlocal Cooperation Agreement for the Walking Trail project (refer to C-09-405-09-08).

B. Approval of 2012 appropriation of funds for the Pct. 1 Rd. Maint, program #005, in the amount of $38,167.61.
 
2.
Pct. #2:
Approval of 2012 appropriation of funds for Pct. #2 (1200) in the amount of $316,000 from Pct.2 R&B Fund Balance.
Attachments:
 
3.
General Fund & Special Revenue Funds:
a. Approval of certification of revenues, as certified by the County Auditor, for 2011 capital lease expenditures.
b. Approval of 2011 appropriation of revenues and expenditures in the total amount of $606,238.48 to fund capital lease expenditures (agreements) for various departments.
 
20.
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.
Presentation for acceptance and approval of 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.
Approval of revised Compromise Settlement Agreement & Mutual Release and revised and updated AIA A101-2007 and A201—2007 Agreements Between Hidalgo County Head Start Program and Centennial Construction Enterprises, Inc. as modified by Legal Counsel, to allow Centennial Construction Enterprises, Inc. to Replace the Roof at the Palmview III Head Start Center Located at 1208 Paula Drive (Rear) Palmview, Texas Originally Installed by Same Contractor at No Cost to the Head Start Program.
Attachments:
 
5.
Acceptance and approval of the  revised proposal in the amount of $112,890.34 (originally approved by CC 3-13-12) submitted by Facility Solutions Group, awarded vendor, through the County's participation/membership with TASB's Buy Board Cooperative Purchasing Program in connection the Energy Efficiency and Conservation Block Grant (EECBG) Functions/Activities for Hidalgo County Precinct No. 3 Lighting Retrofits to Precinct Facilities  in as much as corrections to items in the original proposals were necessary in order to accurately be able to verify pricing in Buy Board contract. 
 
6.
Acceptance and approval of reimbursement request(s) by Montalvo Insurance (awarded vendor for the Property and Casualty Insurance including Third Party Administrative Services) on quarterly basis for TPA Services rendered by TriStar Risk Management more specifically the  CMS Mandatory Insurer Reporting (MIR) directives as per Section III of the Medicare, Medicaid and SCHIP Extension Act of 2007", a one time per claim fee in the amount of $7.85 for an estimated 30+ claims per quarter.
 
7.
Presentation requesting approval of and authority to enter into final lease agreement (approved by legal counsel) for “Lease of Tower Space (McCook)” (RFB No. 12-040-04-11-YSI) with McAllen Communications Co., Inc.
 
B.
Pct. 1
 
1.
Acceptance and approval of Interlocal Agreement between Hidalgo County (effective upon HC-CC's approval) and the City Of Elsa (approved by Elsa City Council on 2-21-12) for the purposes to catch/capture and the transport of stray cats and dogs within Elsa City limits.
 
2.
Requesting acceptance and approval of request by Precinct #1 for Supplemental No. 1 through Work Authorization #1 as submitted by TEDSI Infrastructure Group, Inc.-Contract #C-08-227-02-09 for an increase of $63,808.53 for Mile 6 West from SH-107 to Mile 9 North due to new guidelines-TXDOT and the Federal Highway Administration:

A. Work Authorization No.1-Exhibit B-Services To  Be Provided by Engineer-Scope of Work;
B. Exhibit C-Work Schedule;
C. Exhibit D-Fee Schedule

need to be revised with this supplemental request and thus resulting in an increase to the original work authorization amount of $1,817,940.03 to $1,881,748.56.
 
C.
WIC
 
1.
a. Recommendation by project architect Dannenbaum Engineering Company, to reject all bids received for Hidalgo County W.I.C. Program, -Additions and Renovations to the WIC Clinic/Offices located at 3105 E. Richardson, Edinburg, Texas. RFB No. 2012-021-02-29-MSS as all proposals were over budget;

b. Pursuant to AIA, B-101, 2007 Form of Agreement between Hidalgo County (Owner) and Dannenbaum Engineering Company (Architect), Sections 6.6.4 & 6.7, proceed to revise project program, scopes or quality as required to reduce cost of the work without additional compensation approval for architect to modify the construction documents;

c. Requesting authority to re-advertise and approval of revised plans and specifications developed by project architect Dannenbaum Engineering Company for the project:  Hidalgo County WIC Program -Additions and Renovations to the W.I.C. Clinic/Offices located at 3105 E. Richardson, Edinburg, Texas. RFB No. 2012-021A-06-13-MSS
 
D.
Colonia Access Program Pct. 3
 
1.
Acceptance and approval to execute a professional contract/agreement with Javier Hinojosa Engineering for the provision of general engineering services for Pct No. 3 for Border Colonia Round III (authorized and approved for negotiations by CC on 04/24/12).
Attachments:
 
21.
Open Forum
 
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.
Pending and/or potential litigation
 
C.
Claim of Paul Duke
 
D.
Claim of Oscar Reyna
 
23.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Pending and/or potential litigation
 
C.
Claim of Paul Duke
 
D.
Claim of Oscar Reyna
 
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