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Minutes for CC REGULAR

SPECIAL MEETING - OCTOBER 16, 2012

BE IT REMEMBERED, that on this 16th day of October A.D., 2012, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:

HONORABLE RAMON GARCIA

HONORABLE JOEL QUINTANILLA

HONORABLE HECTOR "TITO" PALACIOS

HONORABLE JOE M. FLORES

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
October 16, 2012
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:

 
1.
 
Roll Call
All members of the Court were counted present, with the exception of Commissioner Quintanilla and Commissioner Flores. Commissioner Quintanilla and Commissioner Flores joined the meeting shortly after commencement.
 
2.
 
Pledge of Allegiance

Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer
Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
 
5.
 
County Judge's Office:
 
A.
AI-34677
Update, discussion and possible action on the 2010 Census Count Question Resolution (CQR)Program and possible litigation.

Mr. Rios and Mr. Garza provided the Court an update on the 2012 Census undercount. 
 
B.
AI-34533
Discussion on TxDot County Assistance Program Allocation for Fiscal Year 2013 and approve the division of salvaged material per precinct.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval to divide the amount of $74,009.00 equally among the four precincts.

Vote: 5 - 0 - Unanimously

 
C.
AI-34736
Proclamation honoring Charles Lee for his contributions to Valley West 4-H Club
Charles Lee was recognized by the 4-H Club and Commissioners Court.
 
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" and authority to submit letter of engagement

NO ACTION taken on items 6.A.1 & 2.
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
a) Renovations to Former Administration Building 1st and 2nd Floors
NO ACTION taken on this item.

b) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects

Richard Sunday informed the Court on the delivery of the Portable Buildings, parking, security, etc.

c) Emergency situations occurring since last agenda meeting
NO ACTION taken on this item.
 
C.
AI-34663
Approval of 2013 Proposed Holidays

Valde Guerra, Executive Officer, for the Record: The Holidays proposed for 2013 is New Years Day, Martin Luther King Day, Presidents Day, Good Friday, Easter, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.

Commissioner Quintanilla moved to approve the 2013 Proposed Holiday schedule.
Motion died for a lack of a second.
 
D.
AI-34689
Request by City of Edinburg to use the town square parking lot beginning on Friday, February 1, 2013 (evening) and February 2, 2013 for the All-America City 10K Run/Walk Event
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
7.
 
Constables:
 
A.
AI-34743
Constable Pct. #1:
Discussion, consideration, and approval to appoint Julio A. Gonzalez and Raul Lozano, Jr. as Deputy Constables by Constable Celestino Avila, Constable Precinct 1 in accordance with Texas Local Government Code Section 86.011.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
B.
AI-34725
Constable Pct. #1:
Discussion, consideration and approval for FLSA Exempt, Constable Precinct 1 Chief Deputy Constable employee(s) to participate and receive cash payment for overtime hours worked in BorderStar and Stonegarden grant funded operations fiscal year 2012. Action to be limited to the grantor agency/institution providing Hidalgo County 100% reimbursement of overtime salaries/ wages and applicable fringe benefits as set forth on grant specifications.

NO ACTION taken on this item.
 
C.
AI-34710
 Constable Pct. #3:
Discussion, consideration and approval for FLSA Exempt, Constable Precinct 3 Chief Deputy Constable employee(s) to participate and receive cash payment for overtime hours worked in Operation BorderStar and Operation Stonegarden grant funded operations, fiscal year 2012. Action to be limited to the grantor agency/institution providing Hidalgo County 100% reimbursement of overtime salaries/ wages and applicable fringe benefits as set forth on grant specifications.

NO ACTION taken on this item.
 
D.
AI-34694
Constable Pct. #4:
Discussion, consideration and approval for FLSA Exempt, Constable Precinct 4 Chief Deputy Constable employee(s) to participate and receive cash payment for overtime hours worked in Operation BorderStar and Operation Stonegarden grant funded operations, fiscal year 2012. Action to be limited to the grantor agency/institution providing Hidalgo County 100% reimbursement of overtime salaries/ wages and applicable fringe benefits as set forth on grant specifications.

NO ACTION taken on this item.
 
8.
 
Justices of the Peace:
 
A.
AI-34679
J.P. 2/1:
Discussion, consideration and possible action on Section 28 Applicants.

Judge Contreras and Rene Guerra, District Attorney, came before the Court to discuss the transport and  safety of Section 28 Applicants. Eddie Olivarez and Mr. Crocker came before to discuss the 1115 Waiver Program and the possibility of obtaining 18 Mental Health Officers.
 
9.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures

Eddie Olivarez discussed the 1115 Waiver.
 
B.
AI-34484
Human Services (1100):
1.  Approval of the following personnel actions:

Action Slot No. Position Title Grade
Delete 0028 Eligibility Specialist II 6
Delete 0031 Billing Specialist II 3
Create 0035 Coordinator III 13
 
2. Approval of revised salary schedule.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
10.
 
IT Department - Renan Ramirez
 
A.
AI-34540
Fire Marshal:
Authorization and approval to upgrade wireless equipment at $0 cost through the County's membership/participation with CONTRACT: DIR-SDD-611 with awarded vendor SPRINT for the following:

Employee Name: Current Device: Upgrading Device:
Fire Marshal HTC EVO iPhone 4
Fire Marshal HTC EVO iPhone 4
Fire Marshal HTC EVO iPhone 4
Fire Marshal HTC EVO iPhone 4
Fire Marshal HTC EVO iPhone 4
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
B.
AI-34558
Emergency Management:
Authorization and approval to purchase six (6) new data card service through the County's membership/participation with CONTRACT: DIR-SDD-1779 with awarded vendor VERIZON WIRELESS for the following:

Description: Quantity: Employee Name: Service Plan: Equipment Cost:
New Activation 2 Office Use 4G Unlimited Mobile Broadband Plan @ $37.99 X 3/mos = $113.97 X 2 = $227.94 USB760 @ $0
New Activation 4 Office Use 4G Unlimited Mobile Broadband Plan @ $37.99 X 3/mos = $113.97 X 4 = $455.88 Verizon Wireless MIFI4620L @ $0
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
C.
AI-34561
Information Technology:
Authorization and approval to change name and change MDN through the County's membership/participation with CONTRACT: DIR-SDD-1779 with awarded vendor VERIZON WIRELESS for the following:

Delete Name: Delete Employee #: Delete MDN: Transferring to Employee Name: Transferring to Employee #: MDN:
Jakim Barbosa 161675 956-578-7040 Rudy Garza  189073 Issue New MDN
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
11.
 
Urban County - Diana Serna:
 
A.
AI-34576
Requesting approval to cancel the application for Josefa L. Capetillo at the request of HOME Staff. Commissioner’s Court approval on August 14, 2012 (Agenda item #33491).

 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
B.
AI-34481
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services;

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the exemption.

Vote: 3 - 0 - Unanimously


a. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) engineering firms from the County’s approved “pool” as graded and evaluated by the City of Palmview, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 24 (2011) Palmview Street Improvement funds.

Professional Service Firm Grade Ranked
SAMES, Inc. 97.34  1
S&B Infrastructure 93.00  2
Hinojosa Engineering 93.00  3

Ms. Serna drew lots for 2nd and 3rd place.

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the scoring grid as presented.

Vote: 3 - 0 - Unanimously


2. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of __Sames, Inc.__  for the provision of engineering services for an Urban County Program Year 24 (2011) City of Palmview, Street Improvements project located at the Bentsen Palm Bridge in Palmview, Texas.

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
 
C.
AI-34596
Urban County Program for Precinct No. 4 is requesting consideration and action to award and enter into a construction contract with E-Con Group, LLC, being the lowest bidder meeting all specifications and/or requirements, for the Texas Department of Agriculture (TDA) Contract No. 711245, in the amount of $338,607.50. The project consists of (1) Sewer Improvements, and (2) Rehab, single-unit residential sewer in the Hillcrest Terrace and Santa Cruz Ranchette. (first-time sewer access/service, septic tank decommission, and yardline connections)
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES 

, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
D.
AI-34589
Urban County Program (UCP), on behalf of Pct. 1, is requesting approval of Amendment No. 2 to the existing contract agreement with Guzman & Muñoz Engineering and Surveying Inc. for the Texas Department of Agriculture (TDA) Contract No. 729055. The Amendment, in the amount of $5,500.00 reflects additional engineering services conducted as part of the alternate design approved by TDA for the completion of the project. Pct. 1 CDBG 2009 - water/sewer improvements (Yr 22) funds for colonia match will be utilized.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, , the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
E.
AI-34556
Urban County Program, on behalf of the City of Palmview, is requesting approval of a best and final negotiated contract for professional engineering services with SAMES, Inc. in the amount of $13,000.00 utilizing Year 24 (2011) Urban County funds for street improvements in J&O Subdivision in Palmview, Texas.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
12.
 
Elections Administration - Yvonne Ramon:
 
A.
 
Discussion and/or action, including but not limited to Elections updates

Amanda Valdez informed the Court and Audience of Early Voting and locations in which they can attend.
 
13.
 
Head Start Program - Teresa Flores:
 
A.
AI-34522
Discussion/Approval to Declare Obsolete the Attached List of Items and Transfer Items to the County's Surplus Department for Proper Disposition
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
B.
AI-34523
Discussion, Approval and Appointment of One (1) Community Representative by Each Member of the Commissioners' Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1) Year Term According to 45 CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning October 2012

NO ACTION taken on this item.
 
C.
AI-34611
Request Approval of Application and Certificate for Payment No. 2 in the Amount of $80,594.00 Submitted by Alpha Building Corp, Awarded JOC through HCDE-Choice Facility Partners; Pursuant to Action Taken by Commissioners' Court on 07.10.12 for Proposed Roof Repairs of the Palmview III Head Start Center, and as Certified by Project Engineer Hinojosa Engineering, Inc.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
14.
 
Public Defender's Office - Jaime Gonzalez:
 
A.
AI-34555
Requesting approval to reimburse the following Public Defender employees for the purchase of clothing for trials for indigent defendants assigned to our office, with authority for the County Treasurer's Office to issue payment/check after the Auditor's Office processing procedures are completed.  

Employee Name Reimbursement Amount
Francisco Guerrero II $47.59
Lurin Yvette Pacheco $24.89

NO ACTION taken on this item.
 
15.
 
Right of Way - Joe Pena:
 
A.
AI-34671
Authorization for County Judge to execute Right of Way Acquisition Statement and Utility Adjustment Certification for the Mile 2 West Bridge replacement TxDot/CSJ #0921-02-147
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
16.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-34662
Resolution in honor of David Chavana
Steven Cruz read the Resolution into the Record. Coach Erickson and Judge Ricardo Rodriguez recognized David Chavana for his dedication to community service.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
B.
AI-34688
Pct 4 Rd Maintenance (1200):
1. Approval of the following personnel actions:

Action Slot # Position Title Budgeted Salary
Delete 0070 Director of Construction $48,500.00
Create 0075 Safety Coordinator $48,500.00
 
2. Approval of revised salary schedule.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 16.B.1 & 2.

Vote: 4 - 0 - Unanimously

 
17.
 
Budget & Management - Sergio Cruz:
 
A.
AI-34726
1. Presentation on Classification and Compensation Pay Plan Committee Recommendations.

Sergio Cruz, Budget Officer, provided the Court a history on the Classification and Compensation Pay Plan. Mr. Guajardo, County Clerk, discussed the various phases of the Pay Plan. Mercedes Espinoza, Attorney, discussed the possibility of developing a salary range for incoming employees.


2. Discussion and action on the following:
a. Approval of implementation of Phase III departments

Commissioner Joseph Palacios moved to approve the implementation of Phase III which will include all departments (Courts & Precincts) that are not on the Step & Grade. 

The motion was seconded by Commissioner Hector Palacios, and the vote was as follows:
AYE: Commissioner Joseph Palacios and Commissioner Hector Palacios
NAY: Judge Garcia, Commissioner Quintanilla and Commissioner Flores

Commissioner Quintanilla recommended the Court hold a Workshop in two weeks to discuss the impact on future budgets.


b. Approval of Committee Recommendations and implementation of Committee recommendations, or

NO ACTION taken on this item.

c. Suspension of Classification and Compensation Pay Plan on existing CCP Departments/Offices.

NO ACTION taken on this item.
 
18.
 
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

NO ACTION taken on items 18.A.1 & 2.a, b & c.
 
3.
AI-34583
a. Requesting approval to declare the items listed in Exhibit"A"(office furniture and equipment) attached herein as Surplus for the purpose of sale through auction (scheduled for 11/07/2012) in accordance with Texas Local Government Code 263.152(a) (1) and in the event "no bids" received;

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA , the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

b. Pursuant to Texas Local Government Code, 263.152(a)(3) Commissioners Court proceed to:...order any of the property to be destroyed or otherwise disposed of as worthless inasmuch as the sale of said items CC undertook to sell (under Subdivision (1) at auction 11/07/2012 resulted in no bids received.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
4.
AI-34656
a. Presentation and recommendation by Gary Looney, Brown & Brown Lone Star Insurance Services d/b/a Alamo Insurance Group, Hidalgo County's Health Insurance Consultant  for Hidalgo County to exercise the option to renew and extend the final year as permitted under C-10-228-11-09 (Original Policies) and as approved by Commissioners Court on 12/07/10 the Third Party Administration, Individual Stop Loss and Aggregate Stop Loss For Self Funded Medical Plan, Group Term Life and Accidental Death & Dismemberment Insurance Policies; and,

b.  Approval for County Judge, Elected Official and/or Executive Officer to sign renewal documents for Policy period commencing January 1, 2013 with ending date of December 31, 2013, as attached hereto.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court moved to approve items 18.A.4.a & b.

Vote: 4 - 0 - Unanimously

 
5.
AI-34391
a.  Acceptance and approval to utilize and purchase through the Department Of Information Resources (DIR) Contract #DIR-SDD-1603 awarded vendor, Shoretel, Inc's authorized reseller, Richline Technical Services, LLC, as listed/permitted under page 7 of  11-Section A-2 of DIR's HUB Subcontracting Plan as identified as one of Shortel's authorized reseller for product/support and related services under this contract including the catalog support pricing for this year's continuous services of Hidalgo County's existing Shoretel Equipment List; and 

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously



b. Acceptance and approval of proposal in the amount of $59,424.73 submitted by RichlineTechncial Services, LLC for the products and support of Hidalgo County's existing Shoretel's telephone equipment/related services and items as described in supporting itemized proposed documentation with authority for County Judge or Court Member to execute pertinent forms.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
B.
 
Pct. 1
 
1.
AI-34387
Acceptance and approval of Work Authorization No. 3 as submitted by L&G Engineering Laboratory in the amount of $30,406.47 through requisition #223483 for Construction Materials Testing Services in connection to Contract #C-11-289-11-15-L&G Engineering Laboratory for the Constable's Office Building in Precinct One.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
C.
 
Pct. 2
 
1.
AI-34588
Acceptance and approval of Work Authorization No. 1 (estimated cost of $71,275.00) for provision of engineering services required by Pct. #2 consisting of: "Geo-Technical Engineering Services for the Tower Road Improvement Project" with Raba Kistner Consultants, Inc., under contract No. C-12-212-09-11.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
2.
AI-34722
Acceptance and approval to award the best valued proposal from job order contractor, Herrera & Hunt (awarded JOC through HCDE-Choice Facility Partners) in the amount of $15,878.55 for the installation of Curb & Gutter to Rodriquez St. in Lopezville in Pct. #2  as reviewed and approved by project Engineer Mr Raul Sesin. Project #2012-261-OGG
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
D.
 
Pct. 3
 
1.
AI-34711
a. Acceptance and approval to execute a professional engineering services contract with L&G Engineering for the job specific purpose of: "Tom Gill/Liberty Road (From US Expressway 83 to FM 2221)" for Precinct No. 3 as approved for negotiations on 9/18/12.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

b. Acceptance and approval of Work Authorization No. 1 (estimated cost of $567,770.36) for provision of engineering services required by Pct. #3 consisting of: "Engineering services required for the preparation for the Environmental Assessment with TxDOT, Public Involvement and Schematic Design for the Tom Gill/Liberty Road project from US 83 North to FM 2221," with L&G Engineering under contract No. C-12-246-10-16
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
E.
 
Pct. 4
 
1.
AI-34701
a. Requesting approval of a "professional engineering services" agreement with L&G CONSULTING ENGINEERS, INC. d/b/a L&G ENGINEERING for: "Professional Engineering Services" in connection to "job specific" PROJECT: "Extension of 10th Street (SH 107 to FM 1925) within Hidalgo County Precinct No. 4.

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 3 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously


b. Requesting approval of Work Authorization No. 1 (Phase I) for ($ 621, 824.10) from  L&G CONSULTING ENGINEERS, INC. d/b/a L&G ENGINEERING for Professional Engineering Services" in connection to "job specific" PROJECT: Preparation of Environment Assessmental Assessment with TxDOT, Pblic Involvment, Schematic, Design, ROW Mapping, Compensable Utility Management for: Extension of 10th Street (SH 107 to FM 1925)within Hidalgo County Precinct No. 4.

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously


c. Requesting approval of a "professional surveying services" agreement with DOS LAND SURVEYING for: "Surveying Services" (on an as needed basis) for projects located within Hidalgo County Precinct No. 4.

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously


d. Requesting approval of a professional services agreement with HARVEY L. HEERSSEN d/b/a HLH APPRAISAL SERVICES for the purposes of "Review of Appraisal Services" (on an as needed basis) for projects located with Hidalgo County Precinct No. 4.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
2.
AI-34724
Acceptance and approval of the final construction contract documents (awarded by CC-09-25-12) with STFC, Inc. dba Fresno Construction in the approved amount of $188,710.75 for: "Hidalgo County Precinct No. 4 -Construction of a New Multi Purpose Facility and Mechanical Shop -Civil Site Improvements (C-12-056C-09-25)."

NO ACTION taken on this item.
 
F.
 
Constables
 
1.
AI-34723
Approval to purchase Four (4) New or Newer 2013 Chevrolet Tahoe's through the County's membership/participation with HGAC (Houston-Galveston) awarded vendor, Caldwell Country Chevrolet (Contract #VE11-11) in the amount of $178,726.00 which includes a $600.00 HGAC administration fee and delivery for ( Project #2012-262-OGG).
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
G.
 
IT Department:
 
1.
AI-34692
Acceptance and approval of invoice(s) from OCE/Canon (attached herein) in the amount of $214.54 as a lapse occurred when vendor was asked to modify agreement (through legal review & comment as to form) and there was a delay in receiving document from company for placement on CC agenda for action with authority for Hidalgo County Treasurer to issue payment after auditing procedures completed.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
2.
AI-34442
a. Requesting approval of exemption from competitive bidding requirements under Texas Local Government Code, 262.024 (a)(7) - 'an item that can only be obtained from only one source';

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the exemption.

Vote: 4 - 0 - Unanimously


b. Approval of a "Sole Source Declaration" with 3M Cogent, Inc. and authority for Hidalgo County  to purchase the following items: SA-4, SA-4ii and MiY for the finger print readers that outfit the time clocks through the following requisition #224707 with said sole source designation remaining in effect as long as Hidalgo County "user departments"such as the (IT) Information Technologies Department possess and utilize the product(s) and/or services.
 
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
H.
 
WIC
 
1.
AI-33749
Presentation of sole responsible vendor, Aguilera Properties, LLC. (as detailed in tabulation sheet contained herein) submitting the lowest and best bid meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Bid titled : Hidalgo County WIC Program- "Lease of Office Space-Las Milpas-WIC Clinic" through bid project No. 2012-124-08-08-MEG. 
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
2.
AI-34345
Requesting approval of Amendment  No. 1 to Lease Agreement C-12-054-06-26 between Hidalgo County and Miguel L. Barboza Jr., for "Lease of Office Space in the City of Alton where the Lessee desires to lease an additional nine-hundred (900) feet of the real property. Resulting in an increase of eight-hundred ten dollars ($810.00) per month.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
I.
 
Elections Department
 
1.
AI-34717
a.  Requesting Acceptance and approval of "Certificate of Substantial Completion" for Hidalgo County -"Renovations and Additions to Elections Warehouse", from contractor, Alpha Building Corp., as submitted and certified by project architect, Dannenbaum Engineering.

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously


b.  Request approval of Payment Application No. 5 in the amount of $15,797.98 submitted by Alpha Building Corp (awarded - CC -10/18/2011 for proposed Renovations and Additions to Elections Warehouse (Project #2011-147-09-20-MSS) and as certified by project architect, Dannenbaum Engineering.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
J.
 
Colonia Access Program Pct. 3
 
1.
AI-34641
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 $66,903.45 for Bid No. CAP-12-208-08-29-YSI “Road & Drainage Construction for Dude Hill Subdivision.”
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
2.
AI-34642
Discussion, consideration, and action on a recommendation by project engineer, Javier Hinojosa Engineering, to award to the lowest bidder meeting all specifications-Jimmy Closner & Sons Construction Company Inc. in the amount of $392,013.75 for Bid No. CAP-12-197-08-15-YSI “Road & Drainage Construction for Casa De Los Vecinos Subdivision.”
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
K.
 
Sheriff's Office
 
1.
AI-34414
Presentation of sole responsible, lowest and best bid received from Hydro System, Inc. (as detailed in tabulation sheet contained herein) including meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Sealed Quotes titled : Hidalgo County Sheriff's Office- "Water Softener System Maintenance Service" through RFSQ No. 2012-163-MEG. 
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
2.
AI-34513
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional construction management services.

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the exemption.

Vote: 4 - 0 - Unanimously


b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional construction management services for Law Enforcement/Adult Detention Facilities Repairs(Sheriff).

Total Scores S& B Infrastructure Prodigy IDEA Group
Evaluator 1 100 98 90
Evaluator 2 96 100 94
Evaluator 3 96 100 93
Evaluator 4 98 100 96
Total 390 398 373
Average 97.50 99.50 93.25
Ranking  2  1  3

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve in the order of the scores.

Vote: 4 - 0 - Unanimously


c. Authority for the Purchasing Department to negotiate a professional (Construction Management Services) contract with the No. 1 ranked firm of ___Prodigy___ for: the provision of professional construction management services for Law Enforcement/Adult Detention Facilities Repairs (Sheriff)


On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS , the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
3.
AI-34587
Discussion, acceptance and approval of Work Authorization No. 2 (with an estimated cost of $2,903.98) for "Hidalgo County Sheriff’s Office Sub-station Construction Project" with L&G Engineering Laboratory, LLC, to provide construction material testing engineer services. C-11-032C-10-11
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
19.
 
Open Forum

-Opal Billman discussed her civil rights and outcome of court settlement.
-Karina Cardoza advised the Court and Audience of the last Town Hall Meetings to be held and introduced Jacklyn Barber.
 
20.
 
Closed Session:

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to go into Closed Session.

Vote: 4 - 0 - Unanimously

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.
AI-34696
Claim of Mario Herrera
 
D.
AI-34707
Claim of Victor Perez

NO ACTION taken on items 20.A. through D.
 
21.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

NO ACTION taken on this item.
 
B.
 
Pending and/or potential litigation

NO ACTION taken on this item.
 
C.
AI-34697
Claim of Mario Herrera
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval in the amount of $4,431.46.

Vote: 3 - 0 - Unanimously

 
D.
AI-34708
Claim of Victor Perez
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval in the amount of $5,087.08.

Vote: 3 - 0 - Unanimously

 
22.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
23.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on items 22 & 23.
 
24.
 
Adjourn
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to Adjourn.

Vote: 3 - 0 - Unanimously

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 16 day of October, 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 October 16, 2012.

Signed this _16th __ day of  October  2012




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


By: ____________________________
(Seal) Priscilla Torres, Deputy