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AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
August 30, 2016
10:30 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:

Roll Call

Pledge of Allegiance

Prayer

Approval of Consent Agenda

County Judge's Office:

55828

Proclamation declaring September 10, 2016 as National Suicide Prevention Awareness Day in Hidalgo County.

Health & Human Services Department:

56019

Requesting approval to assist STARR County with public health event on September 28, 2016. Assistance will include use of mobile health clinic and Health & Human Services department staff.

55980

Discussion and consideration to draw down funds for MCO Pass Through Payment Pilot Program from the Local Provider Participation fund to be determined by HHSC instructions.

Health Care Funding District:

55923

A. Public Hearing, at 10:30 am, to consider public comments concerning the amount of mandatory payments required to be paid by paying hospitals for fiscal year 2017 and how the revenue derived from those payments is to be spent.

B. Consideration and possible approval of mandatory payment to be assessed quarterly by the Hidalgo County Health Care Funding District on the net patient revenue of an institutional health care provider and how the revenue derived from those payments is to be spent.

C. Consideration and possible approval for the Hidalgo County Tax Assessor/Collector to collect the mandatory payment required by Hidalgo County Health Care Funding District.

D. Consideration and approval to assess mandatory payment annual rate of 6%.

E. Consideration and approval to set quarterly assessment dates.(November 30, 2016, February 28, 2017, May 31, 2017 and August 31, 2017)

Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

Indigent Health Care Program:

Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

Constables:

56028

Constable Pct. #1 - Tropical Texas Behavioral Health (1285):
1. Requesting approval of amendment to Interlocal Agreement between Tropical Texas Behavioral Health and the County of Hidalgo, by and through the Office of Constable, Precinct 1.
2. Authorization to pay overtime reimbursable under the Interlocal Agreement terms and conditions.
3. Authorization for County Judge, as authorized official, to sign amendment to Interlocal Agreement award and related documents.
4. Approval of Certification of Revenues by the County Auditor.
5. Approval of appropriation of funds.
6. Approval to revise the salary schedule.

56031

Constable Pct. #2 - Tropical Texas Behavioral Health (1285):
1. Requesting approval of amendment to Interlocal Agreement between Tropical Texas Behavioral Health and the County of Hidalgo, by and through the Office of Constable, Precinct 2.
2. Authorization to pay overtime reimbursable under the Interlocal Agreement terms and conditions.
3. Authorization for County Judge, as authorized official, to sign amendment to Interlocal Agreement award and related documents.
4. Approval of Certification of Revenues by the County Auditor.
5. Approval of appropriation of funds.
6. Approval to revise the salary schedule.

56035

Constable Pct. #2 - TTBH-VBLF (1285):
1. Discussion, consideration and approval to enter into an Interlocal Agreement between Hidalgo County and Tropical Texas Behavioral Health under a grant from Valley Baptist Legacy Foundation (VBLF).
2. Authorization to pay overtime reimbursable under the interlocal agreement terms and conditions.
3. Authorization for County Judge, as authorized official, to sign the Interlocal Agreement award and related documents.
4. Approval of Certification of Revenues by the County Auditor.
5. Approval to create the following position:

Action	Slot No.	Proposed Position Title	Proposed Budgeted Salary
Create	0001	Deputy Constable Step I	$44,577.00

6. Approval of appropriation of funds.
7. Approval to revise the salary schedule.

56036

Constable Pct. #4 - TTBH-VBLF (1285):

1. Discussion, consideration and approval to enter into an Interlocal Agreement between Hidalgo County and Tropical Texas Behavioral Health under a grant from Valley Baptist Legacy Foundation (VBLF).
2. Authorization to pay overtime reimbursable under the Interlocal Agreement terms and conditions.
3. Authorization for County Judge, as authorized official, to sign the Interlocal Agreement award and related documents.
4. Approval of Certification of Revenues by the County Auditor.
5. Approval to create the following position:

Action	Slot No.	Proposed Position Title	Proposed Budgeted Salary
Create	0001	Deputy Constable Step I	$44,577.00

6. Approval of appropriation of funds.

7. Approval to revise the salary schedule.

56032

Constable Pct. #4 - Tropical Texas Behavioral Health (1285):
1. Requesting approval of amendment to Interlocal Agreement between Tropical Texas Behavioral Health and the County of Hidalgo, by and through the Office of Constable, Precinct 4.
2. Authorization to pay overtime reimbursable under the Interlocal Agreement terms and conditions.
3. Authorization for County Judge, as authorized official, to sign amendment to Interlocal Agreement award and related documents.
4. Approval of Certification of Revenues by the County Auditor.
5. Approval of appropriation of funds.
6. Approval to revise the salary schedule.

Executive Office:

56078

Pct. #1 & Pct #3 BCAP Round III (1312)
1. Approval to Deobligate $817,566.81 from 3rd Call Border Colonia (Fund 1312)

2. Approval to Appropriate $817,566.81 into 3rd Call Border Colonia (Fund 1312) for the following precincts in relation to Round III Colonia projects.

Pct. 1 BCAP Round III	$305,892.81
Pct. 3 BCAP Round III	$511,674.00
Total	$817,566.81

56030

Approval to accept settlement check from Vericlaim, Inc. in the amount of $50,000.00 to settle storm damages to County property during the Weather Event of May 31, 2016.

WIC:

56106

WIC Peer Dad Grant (1292):
Approval to continue payment on salaries and fringes for the employee on the FY17 Peer Dad Grant Program (19) until award letter is received.

10.

Adult Probation:

56016

July 2016
1. Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $3,184.00
2. Approval of appropriation of the DWI program income (GPI) in the amount of $3,184.00

11.

Community Service Agency:

56084

1. Discussion, consideration and action to accept the 2016 CSBG D Grant Award Contract in the amount of $ 12,000.00
2. Authorization for County Judge to sign all pertinent documents

12.

Urban County:

56001

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

2. 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 Peñitas, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 28 (2015) Peñitas Street Improvement funds.

Professional Service Firm	Grade	Ranked
South Texas Infrastructure Group, LLC	96.33%
LeFevre Engineering & Management Consulting, LLC	93.67%
CSJ Group	80.67%

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of ____________________
for the provision of engineering services for an Urban County Program Year 28 (2015) Peñitas, Street Improvements project.

13.

Public Defender's Office:

56011

Requesting approval to reimburse Lurin Yvette Pacheco, Investigator in the amount of $512.44 for travel expenses for attending the Process Service Training Class, Sponsored by Texas Process Server Association, Region 20 Education Service Center, 1314 Hines, San Antonio, Texas on August 6, 2016 with authority for County Treasurer to issue payment/check after review and auditing procedures are completed by County Auditor.

14.

Planning Department:

56095

1. Preliminary Approval
a. Maravillas Estates PH. 2 Subdivision- Pct. 1(Elias Woloski, President, E.E.A.C., Inc.) (Lott Road & Midway Road)
No. of Lots: 80 Single Family
Flood Zone: B
Drainage: Yes, Storm Drainage Pipe System & Drainage Ditch widening.
ETJ: Yes, approved by City of Donna
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, OSSF
Paved: Yes

2. Final Approval
a. Jardin Del Sur Subdivision- Pct. 1 (Darrel Williams, Vice President of HESCO, Industrial Co.)
(Minnesota Road & Val Verde Road)
No. of Lots: 49 Single Family
Flood Zone: C
Drainage: Yes, Storm Drainage Pipe System & Drainage Ditch widening.
ETJ: No, Rural Area
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, OSSF
Paved: Yes

15.

Precinct #4 - Comm. Palacios:

56102

Approval of permit renewal application for the Pct. 4 air curtain incinerator for submittal to TCEQ and approval to pay the $450.00 permitting fee with authority for Commissioner Joseph Palacios to sign application.

16.

Budget & Management:

56056

Juvenile Boot Camp (1295)/General Fund (1100):
Approval to close out Fund 1295 (Juvenile Boot Camp) and transfer monies into Fund 1100 (General Fund), effective September 1, 2016, in order to be in compliance with GASB 54 requirements.

55929

Texas VINE Grant:
1. Discussion, consideration and action to enter into the Texas VINE Annual Maintenance Grant Contract for FY2017 with the Office of the Attorney General of Texas and authorization for County Judge to sign the required documents.
2. Approval of Certification of Revenues as certified by the County Auditor for the Texas VINE Annual Maintenance Grant.
3. Approval of appropriation of funds for the Texas VINE Program in the amount of $27,715.32
4. Discussion, consideration and action to enter into a Service Agreement Renewal between Appriss and Hidalgo County for the period of September 1, 2016 to August 31, 2017 in the amount of $27,715.32 and authorization for County Judge to sign the required documents.

Budget Appropriations:

56067

Notes Payable (1401)
Approval of 2016 appropriation of funds in the amount of $0.34 in relation to Other Debt Principal payment due.

56046

Pct 4 Rd. Maint. (1200):
A. Approval of certification of revenues as certified by the County Auditor for revenues received from the City of McAllen for the road improvements to Mile 5 Road(Taylor-Ware) and FM1925.
B. Approval of 2016 appropriation of funds into Pct 4 Rd. Maint. in the amount of $103,231.00.

17.

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).

Hidalgo County

55869

a. Requesting exemption from competitive procurement requirements under the Texas Local Government Code, Section 262.024(a)(7)(a) proprietary software in connection with On-line Research Services for Hidalgo County;

b. Requesting approval of agreement(s) if applicable for "On-line Research Services" with Lexis Nexis including but not limited to the following Hidalgo County department(s):

1. Justice of the Peace (124ZV1)
2. County Clerk (129D6F)
3. District Attorney (1188F0)
4. Constable Precinct No. 1
5. Constable Precinct No. 3

Pct. 1

56104

A. Acceptance and approval of the following construction contract documents as awarded by Commissioner's Court on July 19, 2016 (AI-55407) and as reviewed and approved by Legal Counsel for:

Project Name	Contract No.	Awarded Contractor	Amount
Hidalgo County Precinct No. 1 - Paving and Drainage Improvements for Colonia Noreste Subdivision	C-16-260-07-19	2GS, LLC dba Earthworks Enterprise	$544,727.65

B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee, Raul Lozano [unless otherwise announced], to execute change orders that involve...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18% or more without the consent of the contractor.

56107

Requesting approval of a "professional services agreement" #C-16-328-08-30 with Millennium Engineers Group, Inc. for the purposes of "Construction Material Testing / GEO Technical Services" for (job specific) FEMA-4223 & 4245 projects within Hidalgo County Precinct No. 1 (subject to compliance with HB1295 and/or HB23 when and if applicable).

56080

A. Acceptance and approval of the following listed construction contract documents as awarded by Commissioner's Court on August 9, 2016 (AI-55684) and as reviewed and approved by Legal Counsel for:

	Project Name	Contract No.	Awarded Contractor	Amount
1.	Hidalgo County Precinct No. 1 - Paving Improvements to: Goolie Rd.	C-16-277-08-09	RDH Site and Concrete, LLC	$1,097,337.27

B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee Raul Lozano [unless otherwise announced] to execute change orders that involve...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18% or more without the consent of the contractor".

56062

Requesting approval to process the following invoices as claims with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by County Auditor:

Invoice No.	Amount	PO
97357043	$355.27	736524
97357046	$400.30	736633

Pct. 2

55942

A. Requesting approval to accept bid and award for a One (1) 2002 Used Rosco-Maximizer Asphalt Distributor as a onetime purchase thru a Purchase Order to sole bidder meeting all required specifications for RFB No.: 2016-266-07-06-MEG.

B. Requesting authorization to reject bid received for Purchase of One (1) Used 2007 Caterpillar Asphalt Wheel Paver) through the Request for Bid project titled: “Purchase of One (1) Used 2007 Caterpillar Asphalt Wheel Paver” - No.: 2016-265-07-06-MEG.

Pct. 4

56085

a. Acceptance and approval of Change Order No. 6 to extend the term sixty one (61) days utilizing their allowances under agreement # C-13-072A-11-19 with Couric Enterprises, LLC dba Foremost Construction as reviewed/approved by project architect of record, Mata-Garcia Architects, LLP for: Hidalgo County Precinct No. 4 -"Construction of a Community Resource Center in San Carlos" with authority for County Judge, or Court Member to execute document.

b. Acceptance and approval of Supplemental Agreement #1- WA No. 1 for "Additional Services" with an "increase" of ($ 2,000) revising the estimated total cost to ($51,955.00) as submitted by project engineer, Halff Associates, Inc. in connection to (on call) Prof Services agreement# C-16-188-05-10 for “Building Repairs, Renovations, Alteration, Additions and/or Other Related Services to County Owned Buildings” (on an as needed basis) for projects located within Hidalgo County Precinct Number 4, [Project: "Sanitation Collection Facility and "M" Road Building"].

Facilities Management:

56041

Approval to purchase (1) one new replacement, 160 Ton McQuay Chiller for the County Annex III Building [located on the roof] in the amount of $111,325.00 through our membership/participation with TASB-BuyBoard awarded vendor, ProTech Mechanical Inc.; Contract#461-14 [Expires 10/31/17] which includes the Chiller, Electrical-Crane-Welder Service, Technician Installation Labor, All Other Services Specified in the Scope of Service & Description of Unit, and a (1) One Year Warranty on Parts & a (90) Day Warranty on Labor; Subject to HB1295 Compliance

18.

Open Forum

19.

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:

Real Estate Acquisition

Pending and/or potential litigation

56018

Claim of Leopoldo Trevino

56053

Ruth Reynua, individually and a/n/f of Alondra Melo, Javier Melo, Jr., Ximena Melo, & Victoria Melo, Minors v. Hidalgo County & Jesse Lee Trantham

56023

C-3824-16-J; Raquel Ferrer Giron v. Hidalgo County, Texas

56071

Claim of Rodolfo Garza III, Rodolfo Garza, Jr. Maria S. Garza et al v. Hidalgo County

56088

Civil Action No. 7:16-cv-00510; Dora Salia Maldonado et al v. Ricardo Rodriguez, Jr., in his Official Capacities as District Attorney of Hidalgo County, Texas and Hidalgo County, Texas

20.

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)

21.

Open Session:

Real Estate Acquisition and appropriation for same

Pending and/or potential litigation

56020

Claim of Leopoldo Trevino

56055

Ruth Reynua, individually and a/n/f/ of Alondra Melo, Javier Melo, Jr., Ximena Melo & Victoria Melo, Minors v. Hidalgo County & Jesse Lee Trantham

56024

C-3824-16-J; Raquel Ferrer Giron v. Hidalgo County, Texas

56072

Claim of Rodolfo Garza III, Rodolfo Garza, Jr. Maria S. Garza et al v. Hidalgo County