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AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
April 19, 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. 54237   Proclamation in honor of Juror Appreciation Week, May 2-6, 2016.
 
B. 54236   Discussion and approval of the Economic Development Program Agreement between the County of Hidalgo and Valley Initiative for Development and Advancement (VIDA).
 
C. 54245   Presentation of the La Joya ISD Police Department First Offender Program
 
6.   Constables:
 
A. 53938   Constable Pct.#1:
Presentation and discussion of the 2015 Racial Profiling Report as presented by the Hidalgo County Constable Pct. 1 Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.
 
7.   Sheriff's Office:
 
A. 54248  
Operation Stonegarden (1284):
1. Authorization and approval to de-obligate $30,000.00 from Sheriff's Office Operation Stonegarden 2014 overtime funds to allocate to Mission Police Department.

2. Authorization and approval to de-obligate $30,000.00 from Sheriff's Office Operation Stonegarden 2014 overtime funds to allocate to Pharr Police Department.

 
B. 54109  
1. Authorization and approval to accept the Grant Adjustment Notice in reference to Operation Stonegarden FY 2014 Supplemental award of $400,000.00 and authorization for County Judge, as authorized official, to sign (and initial) required documents.
2. Authorization to pay Overtime reimburseable under the grant terms and conditions.
3. Approval of Certification of Revenues as certified by the County Auditor of the FY 2014 Operation Stonegarden Supplemental.
4. Approval to appropriate the budget for the Sheriff’s Office FY2014 supplemental in the amount of $370,000.00.
5. Approval to appropriate the budget for the City of Edinburg FY 2014 supplemental in the amount of $30,000.00.
 
8.   Executive Office:
 
A. 54224   Status update regarding Indigent Defense Grant Funding
 
B. 54195   Approval of Resolution in support of Galveston County Commissioners Court in the matter of The Hon. Lonnie Cox v. The Hon. Mark Henry, Cause No. 15CV0583, Galveston County
 
C. 54257  
Colonia Access Program:
Discussion and possible action for approval of Funding Agreement for Border Colonia Access Program Amendment No. 10, Third Call for the following:
1.) The Amendment will approve the transfer of funds previously awarded to Hidalgo County for use on alternative eligible County colonia projects and authorizes the use of available funds to cover excess costs on certain projects;
2.) Possible approval of extension (date to be determined).
3.) Approval for County Judge to sign Funding Agreement for Border Colonia Access Program Amendment No. 10.
 
D. 54076  
United Blood Services has requested approval to host blood drives on Monday, May 9 and Wednesday, Nov. 30 at the County Courthouse, 100 N. Closner Blvd. in Edinburg and on Wednesday, Aug. 3 at the Administration Building, 2802 S. Bus. 281 in Edinburg. The Blood Mobile will be on site from 10:30 a.m. to 2:30 p.m. on the dates approved for the blood drive.
 
E. 54176   Approval to accept settlement check from Federal Express in the amount of $1,691.70 to settle auto accident claim with County vehicle. (Sheriff Office)
 
9.   Human Resources:
 
A. 54223  
Discussion, consideration, and approval to implement a "Third Year Bar Card" program in the Public Defender's Office, in accordance with rules and regulations governing the participation of qualified third year law students in the representation of public defender cases in Hidalgo County. The law student will perform under the supervision of a licensed public defender, as per the requirement of temporary trial card rules and provisions issued by the Bench and Bar of the State of Texas.
 
B. 54159   Sheriff's Office (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
2. Discussion, consideration, and approval of the following personnel action, effective next full pay period, 05/02/16:
Action Dept/Program Slot# Position Title Current
Budgeted
Salary
Proposed
Budgeted
Salary
Delete 280-001 0412 Administrative Assistant I $24,810.00 ($24,810.00)
Create 280-001 0424 Technician I $0.00 $24,810.00
3. Approval to revise the salary schedule in accordance with Commissioners Court action.
 
C. 54226   PCT 4 Road Maintenance (1200):
1. Discussion, consideration, and approval of the following personnel actions effective, next pay period:
Action Dept/Prog Slot# Position Title Current
Budgeted
Salary
Proposed
Budgeted
Salary
Delete 124-007 0046 Equipment Operator I $23,705.00 $0.00
Delete 124-007 0035 Equipment Operator II $25,258.00 $0.00
Delete 124-007 0047 Equipment Operator II $23,705.00 $0.00
Create 124-007 0082 Coordinator II $0.00 $42,521.00
Create 124-007 0083 Equipment Operator II $0.00 $30,147.00
2. Approval to revise the salary schedule in accordance with Commissioners' Court action.
 
10.   HIDTA - Task Force:
 
A. 54231   HIDTA Other Shrg (1251):
Approval of 2016 appropriation of funds for HIDTA Other Shrg in the amount of $650,000.00 for aid to government agencies.
 
11.   Health & Human Services Department:
 
A. 54256   Approval of letter of support for the BCFS Health and Human Services "Re-Entry Community Linkages" Grant.
 
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
 
2. 54165   Approval to sign Certification of Contract between Private, non-profit hospital and State/Local Government to provide health care services to low income individuals.
 
12.   Adult Probation:
 
A. 53906   Hidalgo County Substance Abuse Treatment Facility CJD Grant #2928001 (RSAT)
Ratify budget adjustment submitted and approved by CJD to extend end date for grant from 6/30/16 to 9/30/16
 
13.   IT Department:
 
A. 54190   A. Authorization and approval for the use of the County's Justice Court Technology Fund for the purchase of equipment, software, maintenance and support services for the County Constable offices as an extension of their role in supporting the offices of the Justice of the Peace and any other future related services.

B. Requesting authority to purchase the following hardware:
1. (5) Panasonic Toughpad FZ-G1
2. (20) Panasonic Toughbook CF 53 Elite
In the total amount of $51,767.60 thru Requisition 294071 through our membership/participation with TCPN R5106, to suit Hidalgo County Constables Pct. 1, 2, 3 and 4.
 
14.   Elections Administration:
 
A.   Discussion and/or action, including but not limited to Elections updates
 
B. 54093   Approval of Full Contract for Election Services between Hidalgo County and the City of Elsa for their election to be held on May 7, 2016.
 
15.   Head Start Program:
 
A. 54122   Discussion/Approval to Enter into a Memorandum of Understanding (MOU) between Hidalgo County Head Start Program and La Joya Independent School District
 
16.   Precinct #2 - Comm. Cantu:
 
A. 54242   Pct 2 Rd. Maint. (1200):
Approval of 2016 appropriation of funds from the R&B unreserved fund balance for Pct 2 Rd Maint in the amount of $287,414.30 to fund project expenditures.
 
17.   Budget & Management:
 
A. 54227   Sheriff's Office/Constable Pct. 1 - 4 (1100):
Approval of the revised salary schedule, as approved by Commissioners Court on 01/19/16 (AI-53024), effective 04/04/16.
 
B.   Budget Appropriations:
 
1. 54230   Pct 1 Road Maint. (1200):
Approval of 2016 appropriation of funds from the R&B unreserved fund balance for Pct 1 Road Maintenance (program 005) in the amount of $194,517.36 to fund various operating expenditures.
 
2. 54213  
Pct. 1 Road & Bridge (1200):
A. Approval of certification of revenues by County Auditor, for 1/3 paving revenues received from J & DMC Properties, LLC (developer Jack McClleland) in relation to the Norene Dr. road improvement project (Vista Ridge Acres Ph 5).
B. Approval of 2016 appropriation of funds into the Pct. 1 Rd. Maint (fund 1200, program #005) in the amount of $84,663.47 to fund road maintenance expenditures.
 
3. 54157  
Pct. 1 Road & Bridge (1200):
A. Approval of certification of revenues, as certified by the County Auditor, for insurance settlement proceeds.
B. Approval of 2016 appropriation of funds into the Pct. 1 Rd. Maint (fund 1200, program #005) in the amount of $9,622.67 to fund repair & maintenance services for vehicle involved in accident.
 
4. 54232   Pct 3 Rd. Maint. (1200):
Approval of 2016 appropriation of funds from the R&B unreserved fund balance for Pct 3 Road Maintenance (program 005) in the amount of $379,528.80 to fund various operating expenditures.
 
5. 54198   Justice Court Tech (1242):
Approval of 2016 appropriation of funds in the amount of $30,290.84 for the purchase of technological equipment for the JP offices.
 
18.  
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. 54249  
Requesting authority to advertise for sealed Request for Proposals [with Qualifications] including approval of the procurment packet along with the drafted and developed [through collaboration between Health Dept., Purchasing & Pct. input] Exhibit "A"-Scope of Services/Requirements for: Hidalgo County-Professional Consulting Services Related to the Possible Creation of a Health and/or Hospital District.
 
2. 54118  
A. Pursuant to Legal Notice #2, recommending waiver of formality/technicality [draft rental agreements missing in bid response], as it is in the best interest of HC to do so;
B. Presentation of bids received for the purpose of award with approval of individual rental agreement forms for multiple vendors submitting the lowest and best bids for: Rental of Heavy Equipment County Wide and subject to compliance with HB1295 and/or HB23 when and if applicable;
 
3. 54168  
A. Requesting authority to advertise and approve to auction Abandoned and Unclaimed Items on Auction List #37 as set forth under Texas Code of Criminal Procedure Article 18.17, as detailed on Exhibit "A" attached hereto;
B. Requesting authority to advertise for Abandoned and Unclaimed Items [Palmview Police Dept.] as forth under Texas Code of Criminal Procedure Article 18.17 and as noted on Exhibit "B" attached hereto;
C. Requesting authority to advertise for Abandoned and Unclaimed Items [La Joya ISD Police Dept.] as forth under Texas Code of Criminal Procedure Article 18.17 and as noted on Exhibit "C" attached hereto.
 
4. 54254  
A. Presentation of Hidalgo County's approved current pool of Engineers for HCCC nomination of at least three (3) firms specializing in the Civil Discipline for the purpose of following the selection protocol [nominate, select grading committee, present scoring grid to rank, authorize negotiation for eventual engagement] in connection with Off-Site Services necessary for a New Hidalgo County Courthouse Project Development including, but not limited to, the following: Public Involvement, Schematic, Hydrologic Studies, Environmental Assessment, Traffic Circulation Study Updates, Surveying, Geo-Technical/Construction Materials Testing, Right-of-Way Acquisition Services, PS&E [Plans-Schematics & Estimates] Designs and Construction Inspection Services for the Roadway and Drainage Improvements associated with the Business 281/SH 107 Intersection affecting the new courthouse project;
1.____________________________;
2.____________________________;
3.____________________________;
B. Designation of "Committee" to Score and Evaluate the nominated firms.
 
B.   Pct. 1
 
1. 53674  
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: Hidalgo County Precinct No. 1 - "Lease of Parcel for Citizen Collection Site in Donna" through project No.: 2016-051-02-24-SGS.
 
C.   Pct. 2
 
1. 54255   a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded & evaluated through the County’s approved “pool” in connection with geo-technical and construction material testing services required for Precinct No. 2 Projects (on an as needed basis):
TERRACON CONSULTANTS, INC. PROFESSIONAL SERVICE INDUSTRIES, INC. (PSI) EARTH CO.
EVALUATOR NO. 1 94 90 89
RANKING

c. Authority for the Purchasing Department to negotiate a professional engineering services agreement with No. 1 ranked firm of ___________________for geo-technical and construction material testing services (on call as needed basis) Pct. 2
 
2. 54250  
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;

b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded & evaluated through the County’s approved “pool” in connection with geo-technical and construction material testing services required for Precinct No. 2 Projects (on an as needed basis).
PROFESSIONAL SERVICE INDUSTRIES (PSI), INC TERRACON CONSULTANTS, INC. MILLENNIUM ENGINEERS GROUP, INC.
EVALUATOR NO. 1 90 94 96
RANKING
c. Authority for the Purchasing Department to negotiate a professional engineering services agreement with No. 1 ranked firm of ___________________for geo-technical and construction material testing services (on call as needed basis) Pct. 2
 
D.   Pct. 3
 
1. 54217  
Requesting approval of Supplemental Agreement No. 1 (Article 8) of current contract [C-14-364-05-05] with L&G Consulting Engineers, Inc., dba, L&G Engineering, professional services for, "Mile 2 North Reconstruction (from SH 364 to Moorefield Road)" to revise the termination date of May 5, 2016 to May 5, 2017 thus completing the scope of services for project.
 
E.   Pct. 4
 
1. 54215  
Presentation for discussion, consideration and approval of the following options/actions as recommended by project engineer, LeFevre Engineering & Management Consulting, LLC for Hidalgo County Precinct No. 4 RFB No. 2016-115-03-03-MSS “Construction of Parking lot at San Carlos CRC and Sunflower Park” Pct. No. 4:

a. Rescind contract awarded to Gomez Paving, LLC, dba South Texas Paving on 04-05-16 (in the amount of $150,900.00) due failure to comply with the insurance requirements;

b. Award of bid to the next lowest responsible bidder meeting all specifications GNH Company, LLC in the amount of $172,000.00 subject to compliance with HB 23 and/or HB1295 [when and/if applicable];

c. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee: Jesus "Jesse" Ozuna, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
 
2. 54179  
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) for a "professional services";

b. Presentation of the scoring grid (for the purposes of ranking by CC) the firm graded & evaluated through the County’s approved “pool” of Engineering Firms in connection to Professional Engineering Services for: "On Call" "Buildings Repairs, Renovations, Alterations, Additions and/or Other related Services to County Owned Buildings“ for projects located within Hidalgo County Precinct No. 4;

ENGINEERING FIRMS:
Firms Halff & Associates, Inc. International Consulting Engineers Unintech Consulting Eng., Inc.
Scores 98 95 93
Ranking

c. Authority for the Purchasing Department to negotiate a Professional Services Agreement for the purposes of an "On Call"- Engineering Services for: "Buildings Repairs, Renovations, Alterations, Additions and/or Other related Services to County Owned Buildings“ for projects located within Hidalgo County Precinct 4, with the No. 1 ranked firm ____________________________ .

d. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) for a "professional services";

e. Presentation of the scoring grid (for the purposes of ranking by CC) the firm graded & evaluated through the County’s approved “pool” of Appraisal Firms in connection to Professional Appraisal Services for an: "On Call" Appraisal Services for projects located within Hidalgo County Precinct No. 4;

APPRAISAL FIRMS:
Firms Leonel Garza, Jr. & Associates, Inc. Valbridge Property Advisors The Real Estate Center
Scores 96 93 91
Ranking

f. Authority for the Purchasing Department to negotiate a Professional Services Agreement for the purposes of "On Call"-Appraisal Services for projects located within Hidalgo County Precinct 4, with the No. 1 ranked firm ____________________________ .

g. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) for a "professional services";

h. Presentation of the scoring grid (for the purposes of ranking by CC) the firm graded & evaluated through the County’s approved “pool” of Appraisal Firms in connection to Professional Appraisal Services for an: "On Call" Appraisal Review Services for projects located within Hidalgo County Precinct No. 4;

APPRAISAL REVIEW FIRMS:
Firms Professional Appraisal Services, Inc. Valbridge Leonel Garza, Jr. & Associates, Inc.
Scores 97 93 95
Ranking

i. Authority for the Purchasing Department to negotiate a Professional Services Agreement for the purposes of "On Call"-"Appraisal Review Services" for projects located within Hidalgo County Precinct 4, with the No. 1 ranked firm ____________________________ .
 
F.   Sheriff's Office
 
1. 54189  
A. Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code, 262.024 (a)(7); an item that can only be obtained from one source;

B. Approval of "Sole Source Declaration" for COPsync, Inc." for the purchase of COPsync Software; including licenses and support service to be used by Hidalgo County Sheriff's Office and other related Hidalgo County Law Enforcement Agencies (all funding sources) with said declaration to remain in effect while declaration is in place or until revoked by HCCC;

C. Approval for HCSO to purchase 100-010 Unlimited COPsync Enterprise Full Time Officers -12 months @ $23,000 - (All COPsync Enterprise Full Time Officers are enabled to receive COPsync911 Alerts) through assigned Requisition #00293582 in the amount of $23,000 including approval to renew support services and annual licenses for the lifetime of the software and authorization for County Judge or his designee to sign renewal service agreements.
 
G.   Adult Probation
 
1. 54058  
Arnold Patrick, Director, HIDALGO COUNTY COMMUNITY SUPERVISION & CORRECTION DEPARTMENT, aka, ADULT PROBATION is requesting that HCCC permit the HC Purchasing Dept. to conduct procurement services commencing with advertising [with award to be made by Mr. Patrick pursuant to statute] for: the "Purchase of Instant Drug Screening Cups"- RFB No.: 2016-138-00-00-FAZ with Mr. Patrick's approval of procurement packet [i.e. specifications/requirements, legal notice, draft requirement agreement etc. as attached hereto] with the re-advertisement of project in the event No Bid responses are received and/or are rejected and project is still required by Adult Probation.
 
19.   Open Forum
 
20.   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. 54252   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. 54192   Cause No. C-8496-14-E; W.D. Larew the appointed Substitute trustee for PENNYMAC CORP v Armando Garza and Raquel Garza
 
E. 54174   Claim of Natalie Gonzalez
 
F. 54218   Claim of Feliciano Cano
 
21.  
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)
 
22.   Open Session:
 
A.   Real Estate Acquisition and appropriation for same
 
B.   Pending and/or potential litigation
 
C. 54251  
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. 54193   Cause No. C-8496-14-E; W.D. Larew the appointed Substitute trustee for PENNYMAC CORP v Armando Garza and Raquel Garza
 
E. 54175   Claim of Natalie Gonzalez
 
F. 54219   Claim of Feliciano Cano
 
23.   Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
24.   Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
25.   Adjourn
 

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