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Agenda for CC - REGULAR

AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
November 18, 2014
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 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
 
2.
Pledge of Allegiance
 
3.
Prayer
 
4.
Approval of Consent Agenda
 
5.
Open Forum
 
6.
County Judge's Office:
 
A.
1.  Discussion, consideration, and action to amend the Hidalgo County Tax Increment Reinvestment Zone (TIRZ) Policy.

2.  Discussion, consideration, and action on a Resolution expressing the intent of Hidalgo County to participate in the proposed Tax Increment Reinvestment Zone Number One, City of McAllen, Texas (the "Zone") at a participation of 77% of the M&O portion of the County's tax rate, conditioned upon creation of the Zone and negotiation of an acceptable Interlocal Agreement between the City of McAllen and the County.
 
B.
Recognition of Hidalgo County Health and Human Services Administrative Officer Eddie Olivarez for being awarded the 2014 Texas Preparedness Leadership Award from the Texas Department of State Health Services, Community Preparedness Section.
 
C.
Appointment and/or Re-appointment of members to the South Texas Independent School District Board of Directors
 
7.
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
 
B.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following: 
1) Renovations to Former Administration Building 1st and 2nd Floors 
2) Update on other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting
 
C.
1. Approval to accept settlement offer from Texas Farm Bureau Insurance Company in the amount of $11,279.75 to settle total loss auto accident claim with County vehicle. (Constable P1)
2. Approval to authorize Executive Officer Valde Guerra to sign Power of Attorney and any and all documents necessary to settle claim and facilitate the transfer of vehicle title to Texas Farm Bureau Insurance Company.
 
D.
Approval to authorize Executive Officer Valde Guerra to sign Property Damage Release & Settlement Agreement form to settle total loss auto accident claim with Endeavor General Agency. (Constable P3)
 
8.
District Attorney's Office - Roy Cazares:
 
A.
Approval of the following expense in accordance with Exiting Officials Expenditure Policy:

Vendor Amount Item Purpose of Expense
TDCAA $350.00 Registration Elected Prosecutor Conference
Rene Guerra $347.77 Mileage Reimbursement Travel from Edinburg to Austin and back.
Rene Guerra $479.55 Lodging Reimburse Mr. Rene Guerra for the use of his credit card for hotel expenses.
Rene Guerra $156.00 Meals Reimburse Mr. Rene Guerra for meals.
 
B.
D.A. State Supplement (1281):
1. Approval to increase the hourly pay to slot T014 in the D.A. State Supplement from $9.19 to $15.00.
2. Approval of revised salary schedule.

 
9.
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
Notification that the County Clerk's Office will be closed due to repairs required after flood damage.
Office will be closed:
Friday, December 5, 2014 - All Day
Monday, December 8, 2014 - 7:30 am - 1:00 pm
Normal office hours will resume Monday, December 8, 2014 at 1:00 pm
 
10.
Sheriff's Office:
 
A.
DOJ - USMS - U.S. Marshal (1284):
1. Approval to accept overtime funding from the U.S. Department of Justice, U.S. Marshals Service for two (2) officers in the amount of $28,000.00.
2. Requesting authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of Certification of Revenues as certified by the County Auditor for the DOJ-USMS funding.
4. Approval to appropriate funds in the amount of $28,000.00 for USMS overtime funding.
 
B.
Approval to accept a donation from OXY USA, Inc. in the amount of $1,500.00.
 
11.
Health & Human Services Department - Eddie Olivarez
 
A.
Requesting approval to appropriate $75.19 from the Do Well grant contract #2013-043641-001.  
 
B.
1.  Requesting approval of the Certification of Revenue by County Auditor in the amount of $128,043.85.  Funds are from the Health & Human Services Commission - Medicaid Administrative Claiming reimbursement.
2.  Requesting approval to appropriate the MAC budget in the amount of $128,043.85.    
 
C.
Prenatal FY 14 (1293):
1. Requesting approval of the Certification of Revenues by the County Auditor in the amount of $224.42.  Funds are from the program income earned from the Title V - Prenatal Services FY 14 program.    
2. Requesting approval to appropriate the program income in the amount of $224.42.  
 
D.
Health Care Funding District:
 
1.
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures
 
E.
Indigent Health Care Program:
 
1.
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures
 
12.
Elections Administration - Yvonne Ramon:
 
A.
Canvassing of Election Results for the November 4, 2014 General Election as per Texas Election Code 67.004
 
B.
Canvassing of Election Results for the November 4, 2014 Special Election to Elect a Sheriff and Constable (unexpired term) as per Texas Election Code Section 67.004
 
C.
Canvassing of Election Results for the November 4, 2014 Special Election for the Creation of a Countywide Hospital District in Hidalgo County as per Texas Election Code Section 67.004.
 
D.
Canvassing of Election Results for the South Texas Independent School District's November 4, 2014 General Election as per Texas Election Code Section 271.011 and Texas Education Code Section 26.34
 
13.
Head Start Program - Teresa Flores:
 
A.
Approval to Enter into the Best and Final Negotiated Contract with Leonel Garza, Jr. & Associates in the Amount of $51,000.00 for Appraisal Services of the Head Start Facilities
 
B.
Discussion/Approval to Declare Obsolete the Attached List of Items and Transfer Items to the County's Surplus Department for Proper Disposition
 
14.
Budget & Management - Sergio Cruz:
 
A.
1.  Presentation by Alamo Insurance Group, the County's health insurance consultant
2.  Discussion, consideration and approval to amend the County's retiree medical plan
3.  Approval of Retiree medical plan premiums
 
B.
WIC Department (1292):
Discussion, consideration, and approval to set the indirect cost allocation rate for the FY 15 WIC Grant Program, as follows: 

Effective Date Rate
October 01, 2014 to October 31, 2014 10%
November 01, 2014 to September 30, 2015 7.36%
 
C.
Discussion, consideration and approval to submit the Texas VINE Reimbursement Maintenance Invoice in the amount of $6,928.83 (First Qtr) and the Texas Statewide Automated Victim Notification Service (SAVNS) County Verification of Continuing Production Record with authority for County Judge to sign the required documents.
 
D.
1.  Amend Hidalgo County Certificates of Obligation, Series 2006 Order.

2.  Amend Hidalgo County Limited Tax Refunding Bonds, Series 2014 Order.

3.  Consideration and approval of order authorizing issuance, sale and delivery of Hidalgo County, Texas Certificates of Obligation, Series 2014; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law and a limited pledge (never to exceed $1000) from the surplus net revenues from the operation of the County's parks as authorized pursuant to Chapter 320, Local Government Code; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the certificates; and making other provisions regarding such certificates and matters incident thereto.

4.  Consideration and approval of order authorizing issuance, sale and delivery of Hidalgo County, Texas Tax Notes, Series 2014; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law as authorized pursuant to Chapter 1431, Texas Government Code; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the notes; and making other provisions regarding such notes and matters incident thereto.
 
E.
Re-Entry Court Grant (1289)/DA's (1100)/Public Defender (1100):
1. Requesting approval to correct the recipient of supplemental pay allowance, previously approved by Commissioners Court on 10/14/2014 (refer to AI- 46800, item 13.A) as follows:

Department Employee No. Position Title Current Amount Correct Amount
 Crim. DA 
(080-002)
77917 Assistant District Attorney IV $9,752.00 -0-
Public Defender's Office
(085-003)
120227 Chief Public Defender -0- $ 9,844.00

2. Approval of interdepartmental transfer(s).
3. Approval of corrected salary schedule(s).
 
15.
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.
Acceptance and approval to execute a negotiated agreement (subject to legal review) with Hellmuth, Obata, & Kassabaum, LP (aka HOK), "Professional Architectural Consulting Services-Design & Construction of Court House & Judicial Buildings" of existing Schematic Designs for the construction of a new Hidalgo County Courthouse," (as approved for negotiations on CC 10/14/14 ).
 
2.
Presentation of bids received for the purpose of award and approval of contract document to the responsible vendor submitting the lowest and best bid and meeting all specifications and/or requirements as attached hereto for: Hidalgo County-Bio-Hazardous Waste Disposal Services RFB No. 2014-351-10-22-SMA. 
 
B.
County Clerk:
 
1.
A.  Request from County Clerk for exemption from HCCC approved Order for Major Purchases Deadline date of October 3, 2014 as budget line items were being reviewed and analyzed for funding of needed furniture;

B.  Authority to purchase chairs (as detailed in supporting documentation) through Gateway Printing( TXMAS cooperative purchasing program awarded vendor) in the amount of $15,352.50 with written confirmation by Gateway Printing that items will be delivered prior to 12-31-14 with authority to process requisition and approve a Purchase Order.
 
C.
Pct. 1
 
1.
Acceptance and approval of the final construction contract documents for the project: Hidalgo County Precinct No. 1 "Sioux Road Paving and Drainage Improvements (from Tower to Valverde Rd)" (CC award action on AI-47118, 10/28/14) to 2GS, LLC, in the total amount $740,819.60 (Contract# C-14-362-10-28).
 
D.
Pct. 2
 
1.
Approval of correction to caption on AI#47272 approved on November 10, 2014, for the amount of Requisition#266657 to reflect $47,565.11 instead of $42,196.59 to include labor to install fencing at the Precinct 2 Equipment & Maintenance Facility. 
 
2.
A. Ratification of fully executed  of Change Order No. 2 to increase Twenty (20) Days in connection with the "Hidalgo Co. Pct 2 Equipment Maintenance Facility" from contracted vendor, Holchemont, Ltd., and as recommended by project architect, ERO Architects;
 
B. Ratification of fully executed of Change Order No. 3-R increase of $9,795.25 and Seventy-four (74) Days in connection with the "Hidalgo Co. Pct 2 Equipment Maintenance Facility" from contracted vendor, Holchemont, Ltd., and as recommended by project architect, ERO Architects;
 
C. Ratification of fully executed Authorization No. 3 (Construction Change Directive) in the amount of $87,774.28 (Allowances) in connection with the "Hidalgo Co. Pct 2 Equipment Maintenance Facility" from contracted vendor, Holchemont, Ltd., and as recommended by project architect, ERO Architects.
 
E.
Pct. 4
 
1.
A. Requesting approval of an (On Call) "professional engineering services" Agreement with DOS LOGISTICS, INC. for: "Road and Bridge, C.I.P. and Other Projects in General" located within Hidalgo County Precinct No. 4.

B. Requesting approval of an (On Call) "professional surveying services" agreement with DOS LAND SURVEYING for: "Surveying Services" for projects located within Hidalgo County Precinct No. 4.

C. Requesting approval of an (On Call) professional services agreement with HARVEY L. HEERSSEN d/b/a HLH APPRAISAL SERVICES for the purposes of "Review of Appraisal Services" for projects located within Hidalgo County Precinct No. 4.
 
F.
HIDTA
 
1.
A.  Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code, 262.024 (a)(7)(A); items for which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies;
 
B.  Approval of a "Sole Source Declaration" for "CelleBrite-Universal Forensic Products" for the purchase of the upgraded version of the UFED System to the UFED Logical Touch Model (as current model obsolete and will no longer be supported) by CelleBrite; including any present, future accessories, licenses, maintenance and support services to be used by HIDTA Task Force 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 HIDTA Task Force to purchase the "UFED Logical Touch Model" through assigned requisition #266620 in the amount of $5,683.99 pursuant to the surplus processing by Hidalgo County's Fix Asset Division for the purposes of removing item from the asset inventory thus allowing HIDTA for trade-in credit as reflected in the proposed quote.
 
G.
WIC
 
1.
Presentation of responsible vendor submitting the lowest and best bid as detailed in tabulation sheet contained herein & meeting all specifications and/or requirements for the purpose of award and approval of contract (not exceed the statutory procurement threshold of $50K) for the Request for Sealed Quotes titled: Hidalgo County WIC Program -"Purchase of Medical Gloves" through project No.: 2014-304-09-05-SGS.
 
H.
Facilities Management:
 
1.
Presentation of a request from the Edinburg Boys & Girls Club and pursuant to a Hidalgo County Commissioners Court "finding" under Texas Local Government Code, Chapter 263, Section 152 (4)(A)(B)(C), the disposition of two (2) "used" USA Flags (from Buildings & Grounds which by their condition) that can no longer be displayed on flag poles and comply with all sections of said chapter thus are hereby "donated".
 
I.
Budget & Management
 
1.
Approval for HC to exercise the 2nd (of 2 possible 1 year extensions) as provided in RFP No. 2010-195-09-22-YSI Property & Casualty Insurances with acceptance and approval of detailed schedule of premiums/fees as attached hereto as 2015 Coverage Summary for Property & Casualty Insurance policies in the total amount of $2,662,491.00 effective January 01, 2015 through January 01, 2016 with authority for County Treasurer to issue payment(s)/check(s) after review, audit and processing procedures completed by County Auditor with the authority for Valde Guerra, HC Executive Officer to sign any applicable documentation.
 
2.
Approval for HC to exercise the first (1st) (of two (2) possible) one (1) year extensions as provided in RFP No. 2013-155-11-20-YSI Excess Workers Compensation Insurance with acceptance and approval of Premiums & Fee Schedule as submitted by and through Montalvo Insurance Agency as 2015 Coverage in the total amount of $188,143.00 effective January 01, 2015 through January 01, 2016 with authority for County Treasurer to issue payment(s)/check(s) after review, audit and processing procedures conducted by County Auditor with the authority for Valde Guerra, HC Executive Officer to sign any applicable documentation.
 
J.
Colonia Access Program Pct. 2
 
1.
A. Acceptance and approval to execute a Professional Engineer contract/agreement for the provision of general engineering services for Pct No. 2 for Border Colonia Round III with R. Gutierrez Engineering Corporation as authorized and approved for negotiations by CC on 10/28/14;

B. Requesting approval of Work Authorization No. 1 for contract # C-CAP-14-400-10-28 with a proposed fee of $19,583.34 with R. Gutierrez Engineering Corporation to provide Plans, Specifications and Estimate and Construction Inspection for Round 3 BCAP Project to Hidalgo County Precinct No. 3 for Las Fuentes a Border Colonia Access Program Round III Project.
 
K.
Co. Wide
 
1.
Presentation of bids received (detailed and attached herein) for the purpose of award and approval of contract document to the responsible vendor submitting the lowest and best bid plus meeting all specifications and/or requirements as attached hereto for: Hidalgo County (ALL FUNDING SOURCES) RFB No. 2014-323-11-05-MEG
 
16.
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.
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County
 
D.
Case No. 0913-S-T-026; Rene Montez v Sheriff's Office
 
E.
Leihliana Ruelas, Deyanira Ruelas v. Hidalgo County
 
17.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Pending and/or potential litigation
 
C.
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County
 
D.
Case No. 0913-S-T-026; Rene Montez v Sheriff's Office
 
E.
Leihliana Ruelas, Deyanira Ruelas v. Hidalgo County
 
18.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
19.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
20.
Adjourn