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Minutes for CC - REGULAR

SPECIAL MEETING - June 20, 2016

BE IT REMEMBERED, that on this 20th day of June A.D., 2016, 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 A.C. CUELLAR, JR.

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO 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
June 20, 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 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

Commissioner Flores was the only absentee.
 
2.
 
Pledge of Allegiance

Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Martha Salazar led the courtroom in Prayer.
 
4.
 
Approval of Consent Agenda

The court approved the consent agenda for the exception of Item.12.M. to be pulled for discussion.
 
5.
 
County Judge's Office:
 
A.
AI-55133
1. Approval of the 2016 Annual Inventory Control Requirement (AICR) forms as required by the Texas Homeland Security State Administrative Agency (THSSAA).

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

2. Authorization for County Judge to sign the AICR Form.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
6.
 
District Attorney's Office:
 
A.
AI-55059
Domestic Violence Specialty Prosecutor (DVSP) (Fund 1281)
Approval to submit the DVSP Grant #2931301 budget adjustment to the Office of The Governor.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
7.
 
Sheriff's Office:
 
A.
AI-55093
Requesting approval for County Treasurer to process payment for fuel reimbursement in the amount of $42.07 to Sheriff Guerra after auditing procedures are completed by County Auditor. Sheriff Guerra paid for fuel expense with personal credit card due to U.S. Voyager Card not working properly.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
B.
AI-55088
Requesting approval for County Treasurer to process payment for fuel reimbursement in the amount of $20.00 to Sergeant Eduardo J. Rivera after auditing procedures are completed by County Auditor. Sergeant Eduardo J. Rivera paid for fuel expense with personal credit card due to U.S. Voyager Card not working properly.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
C.
AI-55064
Pursuant to Hidalgo County Cellular Telephone Policy (Verizon Wireless, DIS-SDD-3415), presentation for consideration, acceptance and approval of Cellular Phone Request form (Data Link Card Request) for the following: Approval for requisition #300467 for 8 Data Link Hosted Access for skytower modems ($37.99 per month).

Correction: from DIS-SDD-3415 to DIR-TSO-3415 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
Attachments:
 
D.
AI-55124
Sheriff's Office - Local Border Security Program (1284):
Approval of Resolution for LBSP 17 Grant to designate Judge Ramon Garcia as grantee's authorized official and to sign required documents (grant period - September 1, 2016 - August 31, 2017).

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
Attachments:
 
E.
AI-55126
1. Authorization and approval for transfer of equipment (vehicle)purchased by Sullivan City (Operation Stonegarden '14 funds) to Hidalgo County Sheriff's Office (Operation Stonegarden).  
  
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

2. Authorization for County Judge, as authorized official to sign Property Transfer Record Agreement form.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously 

3. Authorization for issuance of asset tag for said equipment and placement on Hidalgo County Inventory List. 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
F.
AI-55129
Operation Stonegarden (1284):
Authorization and approval to de-obligate $91.53 of Sheriff's Office Operation Stonegarden 2014 overtime/fringe funds and allocate to Constable Pct. 2.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
8.
 
Constables:
 
A.
AI-55038
Constable Pct. #1:
Discussion, consideration, and approval to appoint Samantha Nicole Rincones as Reserve Deputy Constable by Constable Celestino Avila, Constable Precinct 1 in accordance with Texas Local Government Code Section 86.012.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

Court proceeded to Item.9.B.
Attachments:
 
9.
 
Executive Office:
 
A.
AI-55132
OPSG-FY2015:
Discussion and consideration regarding Operation StoneGarden FY 2015

Mr. Valde Guerra notified of an award of approximately $3.3 million dollars under Operation StoneGarden. He stated that the current issue is that Hidalgo County will not be in control as to how the $3.3 million dollars is disperse to different entities. Mr. Guerra informed that legal has been in contact with several federal offices. The auditors office has also made various phone calls to state and federal offices, both have received the same explanation as to the process. Nevertheless, the concern at hand is that Hidalgo County's name is on that contract. The county wouldn't be in control as to how the money is disperse or reported, or any reporting in compliance to the contract by anyone involved. Furthermore, the reporting would be done at the end, as supposed as to the beginning as is costumed. 

Mrs. Linda Fong explained that normally they receive money from the federal government and it's administer by the State, later awarded to Hidalgo County and then enter into memorandums of understanding with different participating police departments. The money is shared among the departments, they then provide the documentation to the auditor's office and they request reimbursement on their behalf and when they get the money from the State they give it back to the participating police departments. However, this year the state decided to change how the grant is going to be administer. The state will directly forward the money to the police departments without going to the county, preventing any agreements between the police departments and the county to make sure of all compliance or review of any documentation. Nonetheless, the county will still be liable for their actions. Thereupon, any money that's awarded from the state to the police departments if any issues arise later on, the county will still be liable. 

Mrs. Fong affirmed to Commissioner Cantu that the county is the lead applicant. The commissioner questioned if the county as a lead applicant, could set up a memorandum of understanding to basically go back to last year's guidelines. Mrs. Fong explained that there's no requirements for the police departments to adhere to anything, since the county wouldn't be awarding the money anymore. 

District Attorney Mrs. Josephine Ramirez explained that in the past they wouldn't disperse the funds to those agencies until there was an agreement in place. However, at this point the county is not going to be in control of the funds as it will be handled at the state level. Therefore there's no individual requirement by the entity to have an agreement in place with the county. Mrs. Ramirez notified that the money has already been awarded, in any case they could try to get each individual entity to sign off on the agreement. However, when the money is disperse the auditor's office will review to make sure that those agencies were in compliance before any money was reimburse to any local entities. As per Mrs. Ramirez, the state has advised not doing that until the end of the process, at that point they'll have an idea if  there're any issues with disallowed cost. She explained that the grant is set up in such way that the only agency that has the ability to go after and enforce is the state and not the county. The Federal Emergency Management Administration has advised that their only concern is with the state, as they contract with them and not the county. Mrs. Ramirez advised them of the concerns over how the code federal regulation sets up the grant requirements, and whether or not the state will be in compliance with those, and how the funds are administer. 

Commissioner Cantu asked Mrs. Ramirez as to her recommendation. Mrs. Ramirez informed that the issue remains that the county would be liable for the entire $3.3 million dollars and so, if there're issues at the end with local agencies the concern would be that the county would not have enforcement ability to go after that money.

Mr. Valde Guerra remarked that this is a concern he has because the internal controls, and check and balances would be void. Yet, the federal government and the state ar advising that the county would still be liable. 

Mr. Steve Crain suggested getting into agreements with the various law enforcement agencies and state that unless they sign the agreement authorizing the author to public the books, then the county wouldn't participate in their program. Mrs. Ramirez stated that at this point the county has not submitted its application through e-grant to receive the funds. They been holding off until they come up with a resolution or if the state implies that they'll work along, or for the federal government to tell the state that they have concerns on how they're going to administer the money. 

Commissioner Cantu commented that if they have the leverage to not pull the money then they should gather an MOU with all participants and articulate that unless they sign they don't get the money, instead of asking the federal or state to do something. In regards Mrs. Ramirez explained that the only issue is that they are not reviewing the applications for disperse, now they go directly to the state. Mr. Crain depicted to Mrs. Ramirez that if they put themselves in the middle with an MOA, stipulating that they have to review the paper path with the authorization to go back and audit the MOA. Mrs. Ramirez notified that as of now, the state has not given the county access to e-grants, therefore they still don't know if they'll have access to review the submissions by the local agencies. 

Commissioner Palacios questioned the historical data of any previous none compliance cities that were awarded previous grants. Mrs. Fong commented that if they do have an MOU, instead of reviewing the documentation because they don't really know if the information reviewed would ultimately be submitted is that that the MOU requires them to be responsible for any additional cost and hold the county without any obligation. In regards, Mr. Crain stated that this suggestion wouldn't work because the county would have to go back against the Law Enforcement Agency. Subsequently, if any law enforcement agency wants to participate they would have to sent all paperwork as previously done. Mrs. Fong informed Mr. Crain that each law enforcement agency has its own e-grant account, and the auditor's office does not have the authority to submit for any of the law enforcement agencies. In addition, Commissioner Cantu restated his suggestion for an MOU with guidelines that can be use in case the agencies don't comply.

Mr. Crain questioned how the other counties are dealing with this issue. The district attorney informed that other counties share the same concerns, the auditor's office has spoken to Cameron County as they have submitted on behalf of thirteen agencies and the concerns have not been addressed for them either. Although, Hidalgo County is not the only county dealing with the same subject, according to Border Patrol the county is the largest partner. As of now, it is not under federal control, it is the state who's imposing the requirements. 

Additionally, Mr. Crain suggested for Cameron County and other larger counties to place a conference call to the state and accentuate that unless this is change, they'll consider if to proceed with the grant or not. Mr. Crain emphasized that the county can not be responsible for what the law enforcement agencies may or may not do. 

Commissioner Cantu stated that his biggest concerns are over the smaller cities.

Mrs. Linda Fong explained that base on their experience all of the law enforcement agencies have had issues before submitting documentation. The state does not plan to monitor up front, the state will allow them to submit and then at the end of the grant they'll decide what to monitor, by then any information could be gone. 

Mr. Crain proposed having the largest cities join with the county and agree that if there're disallowed costs, split the disallowed cost portion by the amount that the bigger cities and the county would agree on. 

Mr. Ray Eufracio commented that they could sent an MOU, however if they do not respond would they still get the funding? Commissioner Cantu emphasized that this has to be done before the funding, and as long as the county gets to turn down the money. 

Commissioner Cuellar stepped away from the meeting.

Regarding Commissioner Cantu's comment, Mrs. Fong stated that the sheriff would have to be in agreement to it. 

Mrs. Ramirez informed that the sheriff has yet to approve, and can still reject it. 

Court did not take action on this item.

Court proceeded to Item.12.A.
 
B.
AI-55116
Civil Service (1100):
Approval to process payment of the following invoice in accordance with Accounting Procedures Manual (Food Policy) with authority for County Treasurer to issue check after review and auditing procedures are completed by County Auditor: 
Vendor Invoice Date PO# Amount Purpose/Event
Subway 5/12/16 737097 $ 52.50 Civil Service Commission Meeting 5/12/16

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
Attachments:
 
10.
 
Human Resources:
 
A.
AI-55108
HIDTA Task Force (1291) / Chapter 59 (1251):
1. Approval of the following personnel actions, effective next full pay period of 06/27/16:
 
Action Slot# Dept/
Program
Position Title Current
Budgeted
Salary
Proposed
Budgeted
Salary
Salary Adjustment / 
Increase
G010 270-003 Intelligence Research Specialist $35,885.00 $35,885.00
G033 270-011 $1,115.00 $6,665.00

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

2. Approval to revise the salary schedule in accordance with Commissioners Court action.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
B.
AI-55107
District Attorney - DA Investigation HB65 (1223) / DA Criminal (1100): 
1. Discussion, consideration, and approval of the following personnel actions, effective next pay period of 06/27/2016:
 
Action Dept/Program Slot No. Position Title Current
Budgeted Salary/Allowance
Proposed  Budgeted
Salary/
Allowance
 
Create 
Allowance Slot to Provide Longevity (effective date of 05/31/16)
080-007 0179 Assistant District Attorney IV $75,000.00 $75,000.00
080-002 A123 $0.00 $1,680.00
Salary Adjustment/
Increase
080-002 0103 Administrative Assistant I $24,720.00 $24,720.00
080-007 0147 $280.00 $2,280.00

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

2. Approval of transfer.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

3. Approval to revise the salary schedule in accordance with Commissioners Court action.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
C.
AI-55102
Human Services (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

2. Discussion, consideration and approval of the following personnel actions, effective the full pay period of 07/11/2016:
 
Action Dept/
Program
Slot# Position Title Current
Budgeted Salary
Proposed
Budgeted Salary
Delete 240-001 0025 Eligibility Specialist I $25,677.00 $0.00
Delete 240-001 0026 Eligibility Specialist I $24,810.00 $0.00
Create 240-001 0036 Eligibility Specialist II $0.00  $28,940.00
Create 240-001 0037 Eligibility Specialist II $0.00 $28,940.00

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

3. Approval of transfer.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

4. Approval to revise the salary schedule in accordance with Commissioners Court action.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
Attachments:
 
D.
AI-55099
Precinct  4 Road Maintenance (1200):
1. Discussion, consideration, and approval to change one (1) vacant, Clerk IV position, Slot #0074, Dept/Program #124-007; from permanent regular part-time to permanent regular full-time work status, with a budgeted salary of $31,252.00.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously
 
2. Approval to revise the salary schedule in accordance with Commissioners' Court action.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously
Attachments:
 
11.
 
HIDTA - Task Force:
 
A.
AI-54986
1.  Approval of Memorandum of Understandings between the Hidalgo County Criminal District Attorney HIDTA Task Force and the Hidalgo County Constable Precinct 4.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

2.  Approval to revise the 2016 HIDTA Justice Equitable Sharing Fund Overtime Schedule.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

Court proceeded to Item.13.A.
 
12.
 
Health & Human Services Department:
 
A.
AI-55106
Requesting approval to temporarily suspend the Food Handler's Certificate classes effective June 20, 2016 pending revision and update to existing program rules.  

Commissioner Cuellar joined the meeting.

Mr. Olivarez informed that the state changed rules for this program, they're now allowing internet classes. Regularly, they offered classroom classes for $20.00 and through the internet the classes are $5.00 therefore they are considering offering online classes. Presently they are suspending classes as it is not cost effective.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
B.
AI-55090
Requesting approval of the Interlocal Cooperation Agreement between City of McAllen and Hidalgo County in connection with holding a joint event of the State of Texas Active Response to ZIKA Conference for personnel who respond and provide services in cases of emergencies involving potential public calamities and further described and detailed in the ILA attached herein.  

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
 
C.
AI-55072
Requesting approval to accept the amount of $31,500.00 from the Texas Department of State Health Services designated for the STARZ Conference to be held on July 6, 2016.  

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
Attachments:
 
D.
AI-55069
Requesting approval for County Treasurer to continue payroll for employees funded by the CPS/HAZARDS grant past June 30, 2016 pending receipt of FY 17 grant contract.  

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
Attachments:
 
E.
AI-55114
1.  Requesting approval for Hidalgo County Health & Human Services Department staff and Hidalgo County Office of Emergency Management staff to host and participate in Radiological / Nuclear Weapons of Mass Destruction classes from October 17, 2016 through October 21, 2016 at Knapp Medical Conference Center.  
2.  Approval of the letter from the Office of the County Judge acknowledging Hidalgo County's participation.  

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on 1 and 2.
                               
Vote: 4 - 0 - Unanimously
Attachments:
 
F.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

Court took no action on this item.
 
2.
AI-54974
A. Discussion, consideration, and approval to draw down funds for MCO Pass Through Payment Pilot Program from the Local Provider Participation fund to be determined by HHSC instructions with a settlement date of June 2016.

B. Approval of Certification of revenues as certified by the County auditor from the LPPF in the amount to be determined by HHSC instructions in June 201

C. Approval of 2016 Appropriation of funds from the LPPF in the amount to be determined by HHSC instructions in June 2016.

Court took no action on Item.12.F.2.A to C. 
 
3.
AI-54988
A. Discussion, consideration and approval to draw down funds for DY 5 DSRIP Round 1(April Reporting) and DY 5 Round 1 Monitoring,  in the amount to be determined by HHSC instructions from the Local Provider Participation  Fund (LPPF) with a settlement date of 7/1/16.

Mr. Olivarez informed that they're looking at an amount of $12,870,350.65
the monitoring fee would be $144,133.40 for a total of $13,014,491.05 this information has been submitted to the auditor's office and the treasurer's office, this is at no impact to the county budget. 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously 

B. Approval of 2016 Appropriation of funds from the LPPF in the amount to be determined by HHSC instructions.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously
 
G.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

Court took no action on this item.

Court proceeded to Item.19.A.
 
13.
 
Community Service Agency:
 
A.
AI-55136
Discussion and possible action to accept PY 2015 CSBG-D grant from the Texas Department of Housing and Community Affairs in the amount of $12,000 and authorization to designate Mr. Jaime Longoria, Executive Director to electronically sign appropriate documentation.

Mr. Guerra informed that the award letter is still pending but will attach later. 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
B.
AI-55039
 Discussion and possible action to accept the Texas Veterans’ Commission Series 16B grant in the amount of $300,000 with authorization for the County Judge to sign appropriate documents.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously

Mr. Guerra notified that they do have the letter from the Texas Veterans' Commission.

Mr. Felix Rodriguez informed that this is the second time for the application, the assistance is monetary up $600 for a Veteran. He stated that Mr. Jaime Longoria had previously applied for this award and wasn't successful. 

Judge Garcia congratulated Mr. Longoria for successfully applying for the grant.
Attachments:
 
14.
 
Urban County:
 
A.
AI-55101
 Requesting approval to increase the Urban County Program (UCP) HOME – Owner Occupied Rehabilitation Program assistance cap from $60,000 to $70,000.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
B.
AI-55130
Requesting approval of Year 29 (2016) Urban County Program Interlocal Agreements with (16) participating cities and authorization for Hidalgo County Judge Ramon Garcia to sign any and all agreements.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
C.
AI-55104
"Subject to Compliance with HB 1295, when and if Applicable." Urban County Program on behalf of the City of Edcouch is requesting authority to purchase picnic tables for the Sgt. Rodriguez Park. Purchase will be made from The PlayWell Group, Inc. (contract # 423-13) an approved vendor through Hidalgo County’s membership and participation with Buyboard. The total amount of purchase including shipping is $2,332.20, utilizing FY 28 (2015) City of Edcouch Parks, Recreational Facility funds.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
D.
AI-55097
 Subject to Compliance with HB 1295, when and if Applicable, the Urban County Program on behalf of the City of San Juan is requesting approval of a best and final negotiated contract for professional engineering services with Perez Consulting Engineers in the amount of $22,895.00 utilizing CDBG FY 28 (2015) San Juan Street Improvements funds.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously
 
E.
AI-55091
 1. Requesting approval of an "order" granting an exemption from competitive bidding requirements under Texas Local Gov't. Code, Chapter 262, Section .024 (a)(7) "an item that can be obtained from only one source."

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

2. Approval of a "Sole Source Declaration" with authority to enter into a "Contribution-In-Aid-of-Construction Agreement" with AEP Texas Central Company in the amount of $17,368.52 for (Zone 4) the installation of primary poles and street lights within the City of Sullivan City.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
F.
AI-55087
 Subject to Compliance with HB 1295, when and if Applicable, the Urban County Program on behalf of the City of Sullivan City is requesting approval of a best and final negotiated contract for professional engineering services with S & B Infrastructure , LTD. in the amount of $52,420.27 utilizing CDBG FY 26 (2013) Sullivan City Parks, Recreational Facility Improvement funds.

Correction to the amount: from $52,420.27 to $53,568.70

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 5 - 0 - Unanimously
Attachments:
 
15.
 
Elections Administration:
 
A.
AI-54923
1. Approval of 2016 certification of revenues by the County Auditor, for 2015 Chapter 19 funds.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously 

2. Approval of 2016 appropriation of funds for Chapter 19 funds (1283) in the amount of $118,752.35.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously
 
16.
 
Head Start Program:
 
A.
AI-55042
Discussion/Approval of Bid Award and Contract to Lowest and Best Bid Meeting All Specifications for RFB#2016-005-05-06: Air Conditioning Maintenance & Repair

Mrs. Flores requested waiting to come back to this item due to some changes made by legal counsel and other updates to the insurance information.

Court took no action on this item.
Attachments:
 
B.
AI-55041
1. Requesting Exemption from Competitive Bidding under the Texas Government Code 262.024 for Professional Services to Provide Medical/Dental Services, Mental Health Services, Speech Interpreting Services

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

2. Presentation of Responses Received for the Purpose of Commissioners’ Court Accepting the Providers as “Qualified” in Order to Proceed to the Next Phase of the Procurement Process – Negotiating Contracts:

A. Medical/Dental RFQ#2016-002-05-06
1. Nuestra Clinica del Valle, Inc. (Medical/Dental)
2. Dr. Bose, Industrial and Family Medicine, PLLC/dba Industrial Health Works

B. Mental Health RFQ#2016-003-05-06
1. Amando Gonzalez
2. Mario Tovar
3. Anita Sandoval
4. Therapy Express Children’s Rehabilitation Center, LLC
5. Growing Generations Together, Inc. dba Growing Generations of South Texas

C. Speech Interpreting Services RFQ#2016-004-05-06
1. Amy Jane Hermansen dba Sign Language Services

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on 16.B. A to C.1
                               
Vote: 4 - 0 - Unanimously

3. Approval for Head Start to Negotiate Contracts (in a form approved by (Legal Counsel) for all the Professional Service Providers as Requested through the Hidalgo County Head Start Program’s RFQs for said Services and as Detailed Above Attached Hereto

Mr. Crain recommended approving subject to legal review.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval subject to legal review.

Vote: 4 - 0 - Unanimously
 
C.
AI-55040
Discussion/Approval of Goalsharing Incentive Policy

Mrs. Flores stated that this policy is intended to help the departments work together regarding the Head Start Requirements and meeting the goals that respond to their strategic plans. This allows for the department to go back at the end of the year and look at the goalsharing to determine the goals accomplished. It also permits going back to look at salaries from positions that were not fulfilled immediately, and at the end of the year look at the accomplishments of the goals. Each individual department comes together. Mrs. Flores commented that companies use this particular process, however in order to use it has to be implemented before. The levels are 1 to 4, and each level determines the incentive. Level 1 being 100% and level 4 at 0%

Commissioner Palacios stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
17.
 
WIC:
 
A.
AI-55080
Commissioner Palacios joined the meeting.

1. Requesting approval to submit Form A- Face Page for the Lactation  Support Center.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

2. Requesting approval for County Judge to sign required form.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

Court proceeded back to Item.9.A.
Attachments:
 
18.
 
Precinct #3 - Comm. Flores:
 
A.
AI-55045
Appointment of member to the Hidalgo County Housing Authority

Court took no action on this item.
Attachments:
 
B.
AI-55120
Requesting authorization for title reports, appraisals, surveys metes and bounds, and possible right of way acquisition for Sunny Haven Street.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

Court proceeded to Item.22.
Attachments:
 
19.
 
Budget & Management:
 
A.
AI-55070
Edward Byrne Memorial:
1. Authorization and approval to apply for the FY 2016 Edward Byrne Memorial - Justice Assistance Grant (JAG) Program with the U.S. Department of Justice.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

2. Public Hearing on the FY 2016 Edward Byrne Justice Assistance Grant (JAG) Program Application/Strategies/Narrative.

Judge Garcia Opened Public Hearing.

No comments were presented.

Judge Garcia Closed Public Hearing.

3. Discussion, consideration, review, and approval of the program application/strategies/narrative of the FY 2016 Edward Byrne Justice Assistance Grant.

Commissioner Palacios stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 3 - 0 - Unanimously

4. Authorization for County Judge to sign the required documents.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 3 - 0 - Unanimously
 
B.
AI-55047


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 Number:
FEMA Project Number Total Subgrant Award
PA-06-TX-4223-PW-01937(0) $40,605.76
 
FEMA Project Number Total Subgrant Award
PA-06-TX-4223-PW-01937(1) $83,659.25


On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 3 - 0 - Unanimously
Attachments:
 
20.
 
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.
AI-55115
A.  Pursuant to a directive by members of HCCC on 06-14-16 in order to have input from Flora Vazquez, Director Employee Benefits Division, Vazquez, [under the Department of Budget & Management] discussion and action on the option to include or exclude in the RFP #2016-235-07-27-YVZ titled:  Third Party Administration, Individual Stop Loss for Self-Funded Medical Plan, Group Term Life and Accidental Death & Dismemberment:  Agents [w/max of 2] or go with No Agent(s) so as to complete the procurement packet and send [if necessary] as Addenda for same; And, if Agent(s) allowed:

B.   Options for services to be provided by Agent(s) if approved by HCCC:
       1.  assist with enrollment with a full compliment of personnel;
       2.  full time or other combination- an employee for handling of employee claims and assistance;
       3.  other services as may be defined by HCCC.

Mrs. Salazar advised that this was to include the issue on whether the RFQ that is going out would include agents or no agents. If agents are to be included, it would be up to the court to decide on 1 or 2 agents.

Judge Garcia notified that after speaking to Mrs. Flora Vasquez, he is under the understanding that the court has very little say on whether or not there will be any agents because the county is not paying. He stated that the funds to pay the agents come from the insurance companies, and are satisfy to come and do the enrollment. As far as filing of any claims, the judge mentioned that Mrs. Vasquez has been doing it and should keep on doing so, as insurance companies do not delegate that authority to the agents.

Commissioner Palacios joined the meeting.

In regards to the agents, Mrs. Salazar mentioned that the county has the standard response that is given every year when this goes through. If there're up to 2 agents there's better insight between those two agents because one agency will sent enrollment agents, while the other agency may not. Later there could be agents coming to the county claiming they're getting a commission, without sending enrollers. Mrs. Salazar explained that when this happens they'll inform the agencies that it's their responsibility because the insurance company pays for their commission. 

Mrs. Salazar questioned the direction the court wished to take. In regards, Judge Garcia informed that they'll be going along with the agents. She stated that as far as the agents approved, they will assist with enrollment as Mrs. Flora informed. Mrs. Salazar questioned if they would be applying any type of request, or negotiate some type of fulltime or other combination of an employee in handling the claims. Mr. Crain informed the court members that base on what Mrs. Salazar has stated, if they decide to go with no agents the insurance company is still obligated to enroll the employees. Nevertheless, judge restated that whether they go with or without an agent they'll still be paying the same amount of money. Mr. Crain suggested to put out an RFP requesting the insurance company to provide enrollment services.

Mrs. Flora Vasquez explained that it is up to them to include it in the RFP or leave them out. They'll state that the vendor will assign the agent, as supposed to the county assigning them. She informed the court that for as long as she's been in charge of the Benefits Division Office, they have had agents that represent Blue Cross Blue Shield Carrier, but has never use their services. The director mentioned that they have direct contact with the third-party administrator and receive information and reviews from them. Hence, the need to use agent services has never been needed. Regardless of their availability and providing services, during enrollment they'll send one or two enrollers but the real task is left to the vendor. According to Mrs. Vasquez, it is up to the selected vendor to decide whether the agent is going to bring in the enrollers. Declaring that they do not require anything from the agent on the RFP, but they do require the vendor to provide the services. However, since they have a local representative be the agent they might send the agent to provide the services as needed it. The director informed that this was the first year she needed them to assist with the benefit value advisor trainings.

Mrs.Vasquez informed Commissioner Palacios that for the medical aspect of it, there's no great need to use the agents as otherwise for voluntary products. She informed that they do not pay the agents directly however, they pay the third-party administrator on a monthly basis and in return they pay the agents. In any case, the director accentuated that they were hoping to eliminate the agent on the medical side and use that money somewhere else. In connection to Mrs. Vasquez comment, Mrs. Salazar mentioned that there's a related correlation between what the agent is providing as a proposal from the insurance company, if there's going to be an agent permitted then there would have to be an embedded commission for the rates acquire. The director suggested to use those savings into a wellness coordinator, someone that could focus on running a wellness program for the county. 

Furthermore, Mrs. Vasquez proposed to have two RFP's, one with agents and one without in order to find out if there would be any savings. Once again, she suggested that vendors can bid with agents or with no agents.

Mrs. Salazar questioned if the option the court wish to take was to put out Option. A. and an Option. B. with the maximum of 2 agents,as historically done before. Once again, Mrs. Salazar restated the direction to be taken is to have both options.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval with the direction to put out two options with the maximum of 2 agents.

Vote: 4 - 0 - Unanimously
Attachments:
 
2.
AI-55105
A.  Acceptance and approval of the RFQ [drafted and developed by Hon. Hawkins & Peden, Porter Hedges, LLP] for:  Professional Program Management Services for the new courthouse project to include those items detailed for inclusion by CC at the Workshop held on 06-13-16 with review as to form by Atlas & Hall with note that Exhibit "C" is not part of the packet as yet;

B.  Authority to advertise the RFQ: Professional Program Management Services with direction as to extent of publishing sites;

C.  Approval to release publication and packets after all aspects of the RFQ have been approved as to form by legal counsel, Hon. S. Crain to include the Exhibit "C" Insurance Requirements.

Mrs. Salazar informed the court that she received proposed new changes requested by Mr. Michael Leo for the RFQ. The most important component missing is Exhibit C, which are the requirements. 

Court took no action on Item.20.A.2. A to C. 
 
3.
AI-55094
A.  Requesting action to approve order granting exemption from competitive bidding requirement under Tx. LGC, Ch. 262.024(a)(4) a professional service;

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously 

B.  Acceptance of the credentials/proposed scope of services and fee schedule from Charles E. Comiskey, dba, Risk Tech, Inc. as qualified [possessing the required license] to engage [approve the contract] to render services to Hidalgo County in connection with options on the insurances for the design and construction of a new Courthouse Project including, but not limited to:
1.  deciding on the different options for coverage of professionals, general contractors, and others with explanations as to what coverage, exclusions, if any;
2.  types of insurance programs available:  i.e. Standard/Conventional Coverage, OCIP [Owner Controlled Insurance Program, Professional Liability Insurance,  etc. including coverage for the course of the construction project and the statute course of repose;   
3.  review the bond requirements and recommend any improvements;
4.  once decided, the drafting and development of  core "specs./requirements/limits" for the solicitation of an RFP/RFB for the purchase of the selected insurance program to be required; when final decision on same is made by HCCC;
5.  assist in the review, analysis and recommendation on the responses and/or bids received for the insurance policies;
6.  other services requested or required by HCCC.

Mrs. Salazar commented that after she and Mr. Crain spoke to other sources they are now asking to accept the credentials of the credentials/proposed scope of services. 

Mr. Crain clarified that it would actually be, accepting credentials of Risk Tech, and its executive officer Charles E. Comiskey. Mrs. Salazar notified that they do have a draft that is available and will be subject to legal review. This is to render services to Hidalgo County in connection with options on the insurances for the design and construction of the new courthouse project.

Moreover, Mr. Crain stated that his concern is over the bond requirements. On that regard, Mr. Salazar notified that Mr. Comiskey stated that he is not in that business but has seen enough and will be glad to review. Mr. Crain stated that he may not modify Exhibit A.

Mrs. Linda Fong notified that the exhibits were not attached during the fee schedule and don't know what the fee is or the funding in place because there's no fiscal impact. Mrs. Salazar informed that it will subject to both legal's final review, and the cost would be a minimum of $4,000

Mrs. Salazar stated that Mr. Comiskey is very credential, and recommends proceeding with approval with any final legal review before executed by Mr. Crain and the funding being in place.

Mr. Crain notified Mrs. Salazar that if this is approve sending the CV to Mr. Comiskey. 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on 1 to 6.

Vote: 4 - 0 -Unanimously 
 
4.
AI-54911
Presentation of the responsible vendor submitting the lowest and best bid [as detailed in tabulation sheet contained herein meeting all specifications/requirements] for the purpose of award and approval of contract for the Request for Bid titled: Hidalgo County- "SS-1 Emulsified Asphalt and Delivery Services" to Ergon Asphalt & Emulsions, Inc., through project no.: 2016-169-06-01-SGS.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
 
5.
AI-55058
Presentation of Bids received [as detailed in tabulation sheet contained herein] for the purpose of award to the responsible vendor submitting the lowest and best bid [including meeting specifications and/or requirements] with approval of contract document for project titled: Hidalgo County-"Flexible Base Material [crushed caliche]" to Frontera Material  through RFB No.: 2016-077-03-30-SMA

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
B.
 
Pct. 1
 
1.
AI-55085
Approval of a claim from Republic Services for the Invoice detailed herein with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by County Auditor
 
Vendor Invoice No. Amount PO Number
Republic Services 4865-000001077 $6,955.00 738271

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously
Attachments:
 
C.
 
Pct. 3
 
1.
AI-55134
A.  Approve an order exempting from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;  

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

B. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded and evaluated through the County's approved "pool" of professional surveying services for Precinct No. 3 Projects.   
  ROW SURVEYING SERVICES, LLC CVQ LAND SURVEYORS SAMES, INC.
SCORES 98 95 89
RANKING 1 2 3
Firms to be graded by Pct. staff.    

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

C.  Authority for the Purchasing Department to negotiate a professional surveying services agreement commencing with the No. 1 ranked firm of ROW Surveying Services, LLC. for professional surveying services for Precinct No. 3 Projects.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
Attachments:
 
2.
AI-54917
Approval of Payment Application No. 13 in the amount of $137,881.36 submitted by IOC Company, LLC, awarded contractor for Precinct #3's "Mile 2 North Roadway Project" as certified for payment by project engineer, L&G Engineer, C-14-153-02-17.
Attachments:
 
D.
 
Pct. 4
 
1.
AI-55028
A. Recommendation by project engineer LeFevre Engineering & Management Consulting, LLC, to award the Base Bid to the responsible vendor submitting the lowest and best Base Bid meeting all specifications, G&G Contractors of Edinburg, TX in the total amount of $82,936.65 for project Hidalgo County Precinct No. 4 –“Concrete Walking Trail at San Carlos CRC and Sunflower Park” Project-RFB No. 2016-226-06-08-YSS” subject to compliance with HB23 and/or HB1295 [when and/or if applicable];

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously

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: Maria D. Lucio, 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".

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 4 - 0 - Unanimously
Attachments:
 
E.
 
Health & Human Services Dept.
 
1.
AI-54882
Acceptance and approval of Second Amendment [subject to legal counsel review] to current Contract #C-14-988-02-11 for the provision of professional services in connection with the "Medicaid 1115 Waiver Texas Health Transformation and Quality Improvement Program"  with Ken Nolting, dba, Nolting Consulting Services due to the State of Texas' extension of the 1115 Waiver Program through 2017 [and as permitted under the terms of the agreement] with compliance with HB23 or HB1295 when and if applicable.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
2.
AI-54582
Acceptance and approval of the final negotiated contract with David M. Castro for; "Registered Pharmacist Services" RFP 2016-076-04-13-YZV for the Hidalgo County Health and Human Services Department.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
3.
AI-54581
A. Acceptance and approval of the "Assignment & Assumption Agreement from University of Texas Health Science Center at San Antonio [UTHSCSA] to the University of Texas Rio Grande Valley [UTRGV] for the operation of John Austin Peña Primary Care and Substance Abuse Treatment Facility;

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
B. Approval of "First Amendment" to the Agreement C-15-021-06-23 between Hidalgo County and the University formerly known as the University of Texas Pan American [UTPA] now known as The University of Texas Rio Grande Valley UTRGV] for the operation of the "John Austin Peña Primary Care and Substance Abuse Treatment Facility";

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

C. Approval to exercise the County's option to extend the first (1) year of the additional two (2) one (1) year terms as stipulated in the current contract [C-15-021-06-23] for: Hidalgo County Health& Human Services Department-"John Austin Peña Primary Care and Substance Abuse Treatment Facility" with: The University of Texas Rio Grande Valley [UTRGV].

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                         
Vote: 4 - 0 - Unanimously
 
F.
 
Tax Office
 
1.
AI-54838
Requesting authority to purchase a 36 Month, Fax Service Agreement through a Purchase Order with Copy Graphics through Requisition# 298201 & 299676 for (2) two existing Canon Fax Machines Model No. LC-2050P for Tax Offices located at Edinburg (S/N: UZX78354) and San Juan (S/N: UZX78351) for a Total of $195.00 / Year / Machine with Effective Dates of Agreement from 6/3/16 to 6/2/19, with company's acceptance of purchase order and not an executed agreement.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

Commissioner Cuellar stepped away from the meeting.

Regarding Items. 20.A.2. and 20.A.3. Mr. Frank Traver stated his concerns over the RFQ's under these items. Mr. Traver indicated that the RFQ's are drafted different than others he has seen for other cities or counties, and suggested improving the RFQ's being used. 

Commissioner Cuellar joined the meeting.

Mrs. Salazar informed that the purchasing department is always working at improving their RFQ's. 
 
21.
 
Open Forum

1) Mrs. Herlinda Garza, LUPE, came in representation of Citrus Estate Subdivision. She petitioned Commissioner Cuellar to consider the subdivision for the public lighting project.

Court proceeded to Item.18.A.
Attachments:
 
22.
 
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:

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
A.
 
Real Estate Acquisition

Court took no action on this item.
 
B.
 
Pending and/or potential litigation

Court took no action on this item.
 
C.
AI-55086
Pending/potential litigation related to Water Code, Health & Safety Code, Notice of Compliance Issues regarding County Wide Underground Storage Tanks

Court took no action on this item.
 
D.
AI-55052
Claim of Fernando Espericueta

Court took no action on this item.
 
E.
AI-55054
Claim of David Escobedo

Court took no action on this item.
 
23.
 
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)

Court took no action on Item.23.A. and B.
 
24.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

Court took no action on this item.
 
B.
 
Pending and/or potential litigation

Court took no action on this item.
 
C.
AI-55089
Pending/potential litigation related to Water Code, Health & Safety Code, Notice of Compliance Issues regarding County Wide Underground Storage Tanks

Proceed as Directed. 
 
D.
AI-55053
Claim of Fernando Espericueta

Mr. Guerra requested for settlement authority to make an offer in the amount of $710.04

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
E.
AI-55055
Claim of David Escobedo

Mr. Guerra requested for settlement authority to make an offer in the amount of $527.17

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
25.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

Court took no action on this item.
 
26.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

Court took no action on this item.
 
27.
 
Adjourn

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 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 20th day of June, 2016

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Norma G. Cantu, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on June 20, 2016.

Signed this 20th day of JUNE 2016




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


By: ____________________________
(Seal) Norma G. Cantu, Deputy