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AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
April 12, 2016
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 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.   County Judge's Office:
 
A. 54128   Approval of Proclamation declaring April 10 - April 16, 2016 as Volunteer South Texas Week in Hidalgo County.
 
B. 54125   Approval of Proclamation Declaring April 23, 2016 as Walk-N-Rolla Celebration Day
 
6.   Sheriff's Office:
 
A. 54124  
1. Authorization and Approval of the Local Administrative Agreement for the South Texas Anti-Gang Center between McAllen Police Department, Hidalgo County Sheriff's Office, and Texas Department of Public Safety (McAllen Region).

2. Authorization for County Judge, as authorized official, County Sheriff, and County District Attorney to sign agreement.
 
B. 54092   Operation Stonegarden (1284):
1. Authorization and approval to accept a 2nd extension for the 2014 Operation Stonegarden Grant (New termination date is 6/30/16).

2. Authorization and approval for County Judge, as authorized official, to sign required documents.
 
C. 54070   1. Approval of Memorandum of Understanding for Shooting Range Use/Training between the Hidalgo County Sheriff's Office and Immigration and Customs Enforcement, Homeland Security Investigations.

2. Authorization for County Judge, as authorized official, and County Sheriff to sign document.
 
7.   Executive Office:
 
A. 54090   Discussion, consideration and action on Hidalgo County Affiliated Departments Retirement Plan Adoption Addendum with authority to submit to Internal Revenue Service and authorize County Judge to sign related documents
 
B. 54105  
Approval to process the following invoice as a claim with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor: D&M Coffee Company, Inc., Date 04-7-2016, Invoice No. 040716czdel in the amount of $204.97 (Truancy Committee Meeting held on 4/7/16)
 
C. 54111   Requesting approval to reimburse Virginia Jones for the purchase of tablecloths in the amount of $140.55 for a Truancy Committee Meeting held on 04/07/16, with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.
 
D. 54119   Environmental Compliance:
Requesting authorization for County Judge to Sign Notice of Intent and Core Data Form for Precinct 2 Veterans Blvd. citizen collection station as required under Chapter 30 of the Texas Administrative Code Subchapter 330.
 
E. 54139   Approval to accept settlement check from National Liability & Fire Insurance Company in the amount of $352.63 to settle auto accident claim with County vehicle. (Precinct 1)
 
8.   Human Resources:
 
A. 54115   Precinct #2 - Parks (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
2. Approval to create the following part time temporary-positions not to exceed 10 weeks, effective May 30, 2016 through August 01, 2016:

Action Dept./
Program
Position
Title
Slot # Budgeted Salary/
Hourly Rate
Create 122-008 Head Lifeguard T039 $5,400.00/yr - $15.00/hr
Create 122-008 Lifeguard T040 $4,320.00/yr - $12.00/hr
Create 122-008 Lifeguard T041 $4,320.00/yr - $12.00/hr
Create 122-008 Lifeguard T042 $4,320.00/yr - $12.00/hr
Create 122-008 Attendant T043 $3,960.00/yr - $11.00/hr
Create 122-008 Attendant T044 $3,960.00/yr - $11.00/hr

3. Approval of interdepartmental transfer.
4. Approval to revise the salary schedule in accordance with Commissioners Court action.
 
9.   Health & Human Services Department:
 
A. 54087   LPPF-1115 Waiver UC (1258):
Approval of 2016 unappropriation of funds in the amount of $257,000.00.
 
B.   Health Care Funding District:
 
1.   Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures
 
C.   Indigent Health Care Program:
 
1.  
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures
 
10.   Urban County:
 
A. 54104   1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for construction management services.
2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) construction management service firms from the county’s approved “pool” as graded and evaluated by Hidalgo County Precinct No. 1, Urban County Program and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program GLO Contract No. 12-406-0006453/DRS210068 Delta Area Connector/East Lateral project Phases 1, 2 and 3.

PROFESSIONAL SERVICE FIRM GRADE RANKED
LeFevre Engineering and Management Consulting, LLC 97.33%
SAM Engineering and Surveying 86.67%
Cortran Engineering, PLCC 86.33%
3. Authority to negotiate a construction management service contract with the No. 1 ranked firm
for the provision of Construction Management Services for Precinct No. 1 – Delta Area Connector/East Lateral project Phases 1, 2 and 3.
 
11.   Elections Administration:
 
A.   Discussion and/or action, including but not limited to Elections updates
 
B. 54148  
Approval to increase the wage rate for the Primary Election Day Poll Workers:
ACTION CURRENT WAGE RATE
(NON-TRAINING)
PROPOSED WAGE RATE
(NON-TRAINING)
Primary Election Day Judges $8.00 per hour
Primary Election Day Alternate Judges & Clerks $8.00 per hour

Election Day Primary Poll Workers:
TAC RULE 81.120 – Compensation for Election Day-Primary Workers (a)… the compensation paid to polling-place judges, clerks, early-voting-ballot board members, or persons working at the central counting station for the general-primary and primary-runoff elections shall be equal to the hourly rate paid by the county for such workers in county elections up to $8.00 per hour from the primary fund.
 
C. 54100   Discussion, consideration and approval of May 24, 2016 Primary Runoff Election Early Voting poll locations.
 
D. 54099   Approval of Full Contract for Election Services between Hidalgo County and the City of La Villa for their election to be held on May 7, 2016.
 
E. 54098   Approval of Full Contract for Election Services between Hidalgo County and the City of Hidalgo for their election to be held on May 7, 2016.
 
F. 54097   Approval of Full Contract for Election Services between Hidalgo County and the AGUA Special Utility District for their election to be held on May 7, 2016.
 
G. 54096   Approval of Full Contract for Election Services between Hidalgo County and Progreso Independent School District for their election to be held on May 7, 2016.
 
H. 54095   Approval of Full Contract for Election Services between Hidalgo County and Donna Independent School District for their election to be held on May 7, 2016.
 
I. 54094   Approval of Full Contract for Election Services between Hidalgo County and the City of Mission for their election to be held on May 7, 2016.
 
12.   Planning Department:
 
A. 54147   1. Request approval to rescind action on Agenda Item No. 53456 3a. February 23, 2016

2. Request to accept check #1386 from Developer Jack McClleland for 2/3 escrow of Norene Drive in the amount of $84,663.47

3. Request to accept check #11881 from Gary Frisby for cost participation with Pct. 4 for the paving of Ramseyer Road in the amount of $26,875.20

4. Reimbursements of Financial Guarantee
a. Ranchitos Escondidos Ph. 1- Pct. 4
b. Las Estrellas No. 3 Subdivision- Pct. 3
c. Las Estrellas No. 4 Subdivision- Pct. 3
d. Los Osos Ph. 1 Subdivision- Pct. 4
e. Oak Hill Ranch Ph. 2 Subdivision- Pct. 1

5. Request for reimbursement to Gary Frisby in the amount of $72,794.25 due to 100% participation in the paving of 1,450ft. of Cesar Chavez Road by developer.
 
13.   Precinct #4 - Comm. Palacios:
 
A. 54101   Requesting authorization for appraisal, survey, metes and bounds, title commitment, and title policy for the North Ware Road Recreation Project.
 
14.   Budget & Management:
 
A. 54051   1. Discuss, consideration and approval to submit the following FEMA PWs related to the May/June DR-4223 with authority for County Judge to sign required documentation.

PW NUMBER
TOTAL COST
01310 $100,715.92
01361 $388,275.40






2. Discussion, consideration and acceptance of Texas Division of Emergency Management (TDEM) Public Assistance subgrant award (including all grant terms and conditions), with authority for the County Judge to sign all required documents, for FEMA Public Assistance Grant, 4223, Severe Storms, Tornadoes, Straight-line Winds, and Flooding, for the following FEMA Project Numbers:

FEMA Project Number Total Subgrant Award
PA-06-TX-4223-PW-01138 $182,520.45
PA-06-TX-4223-PW-00988 $296,925.61
PA-06-TX-4223-PW-00953 $263,087.04
PA-06-TX-4223-PW-00991 $163,747.25
PA-06-TX-4223-PW-01310 $100,715.92
PA-06-TX-4223-PW-01361 $388,275.40
 
B.   Budget Appropriations:
 
1. 54108   Justice Court Tech (1242):
Approval of 2016 appropriation of funds in the amount of $253,962.88 to fund operating expenditures.
 
15.  
Purchasing Department:
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. 54069  
A. Presentation of grading sheets by HCCC members [i.e. "Committee"] for the purpose of tabulation and ranking of the nominated firms HDR and HOK [which made presentations with Q&A at CC of 03-31-16 and have been invited to be present for any further Q&A by committee] so as to proceed with the next phase of the selection process [negotiations] for the engagement of an architect to complete the design and construction of a New Hidalgo County Courthouse;
Score(s): Rank
1. HDR __________; ____;
2. HOK __________; ____;


B. Authority to commence negotiations [with assistance from Hon. David D. Peden, Purchasing and Court member(s) with the number one (1) ranked firm of __________________________ for the purpose of a Letter of Engagement of professional architectural services to finalize the design and construction of a New Hidalgo County Courthouse.

C. Status of Civil Engineering nominated firms with applicable action including but not limited to:
1. Consideration of correspondence received from various nominated firms requesting with applicable action:
a. additional time to complete Questionnaire;
b. request to be re-instated as nominee;
2. Proceed to score and grade the firms that have completed Questionnaires;
3. Cancel nominations and permit the Architectural Firm selected to hire the Civil Engineer;
 
2. 54081  
A. Requesting action to clarify Regular Agenda Item [CC 03-07-16/Purchasing Dept. 21.A.3.e.] #53254 to detail the pre-qualified providers of Appraisal and/or Review Appraisal Services Pools to reflect:
1. Approved by CC on 03-07-16: Appraisal Services Providers Pool: 5 [as shown on agenda caption];
2. Action to approve-Review Appraisal Services Providers Pool: 3 [as shown on supporting documentation herein]; and due to this action,

B. Requesting rescission of Regular Agenda Item #54019 [HCCC 04-05-16] seeking authority to advertise to establish a "pool" of qualified firms for the provision of Review Appraisal Services as unnecssary due to action taken herein.
 
B.   Pct. 1
 
1. 54116  
A. Acceptance and approval of the Professional Engineering Contract #C-16-149-04-12 with TEDSI Infrastructure Group for "Job Specific-Colonia Noreste Paving and Drainage Improvements" project for Hidalgo County Precinct One, as approved by CC for negotiations on 03/22/16 and subject to compliance with HB1295 and HB23 (when and if applicable); and
B. Acceptance and approval of Work Authorization No. 1 amid Contract #C-16-149-04-12 and as pursuant to the above aforementioned line item with TEDSI Infrastructure Group in the amount of $40,815.00 for the provision of professional engineering services for "Job Specific-Colonia Noreste Paving and Drainage Improvements" project more specifically identified in the work authorization document amid Requisition No. 296351.
 
C.   Pct. 2
 
1. 54126  
Acceptance and approval to execute the final form of a Professional Engineering Agreement (subject to legal counsel's review) with L&G Consulting Engineers, for "On-Call Services for Road & Bridge, CIP, and other Projects in General," for Pct 2, and as approved for negotiations on CC 4/5/16 and subject to compliance with HB23 and HB1295 [if and when applicable].
 
2. 54142  
a. Acceptance and approval to execute the final form of a Professional Engineering Agreement (subject to legal counsel's review)with L&G Consulting Engineers, for "On-Call Geo-technical, Construction Materials Testing, and Inspection Services for Road and Bridge, CIP, and other Projects in General," for Pct 2, and as approved for negotiations on CC 4/5/16 and subject to compliance with HB23 and HB1295 [if and when applicable];
b. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $43,457.86) as submitted by project engineer, L&G Consulting Engineers, to provide construction material testing and inspection services for the Pct 2 Yuma Avenue Extension Project through Contract# C-16-170-04-12.
c. Acceptance and approval of Work Authorization No. 2 (with an estimated cost of $14,485.70) as submitted by project engineer, L&G Consulting Engineers, to provide Geo-technical engineering services for the completion of the Pct 2 Palmer Pavilion Improvement Project through Contract# C-16-170-04-12.
 
3. 54144  
Requesting approval of Supplemental Agreement No. 1 for L&G Consulting Engineers, Contract No. C-15-097-03-17 resulting in additional environmental services needed for environmental clearance of the project (with an estimated cost increase of $109,699.60) for services under Work Authorization No. 4 for the Pct 2 Nolana Loop Project.
 
D.   Pct. 4
 
1. 53673  
A. Acceptance and approval of the construction contract documents for Hidalgo County Precinct No. 4: "Construction of Parking Lot at San Carlos CRC and Sunflower Park" [CC awarded bid 04-05-16 AI#53986] to Gomez Paving, LLC, dba, South Teas Paving of Mission, Tx in the amount of $150,900.00 with assigned Contract #C-16-115-04-05 reviewed and approved as to form by legal counsel [subject to compliance to HB1295 & HB23 if and when applicable];

B. Requesting authority to advertise with approval of RFB front end documents [i.e. specifications] as developed and drafted by project engineer, LeFevre for the San Carlos CRC and Sunflower Park: "Off Site Turnkey Manhole Covers and/with Installation" with RFB: #2016-160-05-06-YSS.
 
E.   WIC
 
1. 53961   Acceptance and approval to enter into an Affiliation and Program Agreement for Clinical Experience between Hidalgo County Health and Human Services-WIC Program and South Texas College.
 
16.   Open Forum
 
17.   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. 54140   Potential Litigation - Edinburg Municipal Airport & City of Edinburg Property and further described as:
Tract 1: Being the north twenty (20) acres of Lot 16, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County,Texas: (20.0 Acres Gross)
Tract 2: Being the east 26.61 acres of the west 46.61 acres of Lot 10, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, HidalgoCounty, Texas: (26.61 Acres Gross)
Tract 3: Being the south ten (10) acres of the west twenty (20) acres of Lot 10, Section 277, Texas Mexican Railway Company’s Survey, an addition to the City of Edinburg,Hidalgo County, Texas: (10.0 Acres Gross)
Tract 4: Being the east ten (10) acres of Lot 10-, Section 277, Texas Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County, Texas (10.0Acres Gross)
Tract 5: Being the north 23.39 acres of lot 15, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County, Texas. (23.39 Acres Gross)
Tract 7: Being the west fifteen (15) acres of the south half ( ½ ) of Lot 16, Section 277,Texas-Mexican Railway Company’s Survey, and addition to the City of Edinburg, Hidalgo County, Texas (15.0 Acres Gross)
 
D. 54071   C-0262-16-G; Teresa Barrera et al v. Hidalgo County, Texas and Hidalgo County Drainage District No. 1
 
E. 54130   Hidalgo County v. El Valle LLC, et al
 
F. 54132   Claim of Emilio Rincon
 
G. 54134   Claim of Jesus Garza
 
18.  
A. 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."

B. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)
 
19.   Open Session:
 
A.   Real Estate Acquisition and appropriation for same
 
B.   Pending and/or potential litigation
 
C. 54141  
Potential Litigation - Edinburg Municipal Airport & City of Edinburg Property and further described as:
Tract 1: Being the north twenty (20) acres of Lot 16, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County,Texas: (20.0 Acres Gross)
Tract 2: Being the east 26.61 acres of the west 46.61 acres of Lot 10, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, HidalgoCounty, Texas: (26.61 Acres Gross)
Tract 3: Being the south ten (10) acres of the west twenty (20) acres of Lot 10, Section 277, Texas Mexican Railway Company’s Survey, an addition to the City of Edinburg,Hidalgo County, Texas: (10.0 Acres Gross)
Tract 4: Being the east ten (10) acres of Lot 10-, Section 277, Texas Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County, Texas (10.0Acres Gross)
Tract 5: Being the north 23.39 acres of lot 15, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County, Texas. (23.39 Acres Gross)
Tract 7: Being the west fifteen (15) acres of the south half ( ½ ) of Lot 16, Section 277,Texas-Mexican Railway Company’s Survey, and addition to the City of Edinburg, Hidalgo County, Texas (15.0 Acres Gross)
 
D. 54072   C-0262-16-G; Teresa Barrera et al v. Hidalgo County, Texas and Hidalgo County Drainage District No. 1
 
E. 54131   Hidalgo County v. El Valle LLC, et al
 
F. 54133   Claim of Emilio Rincon
 
G. 54135   Claim of Jesus Garza
 
20.   Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
21.   Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
22.   Adjourn
 

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