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AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
November 17, 2020
10:00 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:

In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location.  As a result, all or some government officials may participate via videoconference.  Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive

To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.
 
             
1.   Roll Call
 
2.   Pledge of Allegiance
 
3.   Prayer
 
4.   Approval of Consent Agenda
 
5.   Open Forum
 
6.   County Judge's Office:
 
A. 78309   Approval of Resolution for the Certificate of Formation and Bylaws of the Hidalgo County Regional Foreign Trade Zone ("HCRFTZ”)
 
7.   Sheriff's Office:
 
A. 78252   Jail Commissary (2102):
Approval of Certification of Revenues as certified by the County Auditor and appropriation of funds in the amount of $194,701.00.
 
8.   Urban County:
 
A. 78253   Requesting approval of the First Amendment to the 2018 HOME Community Housing Development Organization (CHDO) Program Agreement between Hidalgo County Urban County Program (UCP) and Proyecto Azteca, Inc.
 
B. 78249   1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Engineering Services-Construction Materials Geo-Technical Testing services;

2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) Construction Materials Geo-Technical Testing engineering firms from the County’s approved “pool” as graded and evaluated by the City of Hidalgo, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Years 31 & 32 (2018-2019) Hidalgo Flood Drainage funds.
Professional Service Firm Grade Ranked
Millennium Engineering 97.34%
L & G Engineering 95%
Fulcrum, LLC Consulting Services 85.67%

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of for the provision of Construction Materials Geo-technical Testing Service for an Urban County Program Years 31 & 32 (2018 & 2019) City of Hidalgo Flood Drainage Project.
 
9.   Community Service Agency:
 
A. 78283   Discussion, consideration, and possible action to accept additional donation in the amount of $200 in gift cards from H-E-B for the use of Operation COVID-19 Shield.
 
B. 78294   Discussion, consideration, and possible action to accept amendment to the PY 2020 the Community Service Block Grant (CSBG) Disaster Relief Supplemental Funds Contract #61200003282 from the Texas Department of Housing and Community Affairs, with authorization for Jaime Longoria to electronically sign any and all pertinent documents.
 
C. 78291   Discussion, consideration, and possible action to accept amendment to the PY 2020 the Community Service Block Grant (CSBG) and Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Contract #61200003346 from the Texas Department of Housing and Community Affairs, with authorization for Jaime Longoria to electronically sign any and all pertinent documents.
 
D. 78290   Discussion, consideration, and possible action to accept amendment to the PY 2020 the Comprehensive Energy Assistance Program (LIHEAP) Contract #58200003156 from the Texas Department of Housing and Community Affairs, with authorization for Jaime Longoria to electronically sign any and all pertinent documents.
 
E. 78284   Discussion, consideration, and possible action to amend the CSBG Cares Act Services Matrix: 1.) Additional months service to each month category and
2.) Include purchase of equipment necessary for distance education learning.
 
10.   Elections Administration:
 
A. 78297   1. Discussion on Election Updates.
2. Official canvassing of Elections Results for the November 3, 2020 General Election as per Texas Election Code Section 67.003.
3. Official canvassing of Elections Results for the South Texas Independent School District November 3, 2020 General Election as per South Texas Independent School District Education Code 11.301 (a) and BBBB (Legal).
 
11.   Precinct #2 - Comm. Cantu:
 
A. 78263   Proclamation declaring November as Epilepsy Awareness Month.
 
12.   Precinct #4 - Comm. Torres:
 
A. 78264   Approval and acceptance of an Interlocal Cooperation Agreement between Hidalgo County and the Edinburg Consolidated Independent School District for the Avila-Harwell Campuses Safe Walk Community Project off of Carmen Avila Road.
 
13.   Budget & Management:
 
A. 78287   Presentation of the 3rd Qtr. 2020 Health Insurance Report by Gallagher Benefit Services, Inc.
 
B. 78255  
CARES Act Relief Funds (1287):
Discussion, consideration, and action to approve the ratification of necessary CARES Act Relief Fund expenditures, as listed on Exhibit A, to cover costs not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation in connection with the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use.
 
C.   Budget Appropriations:
 
1. 78319   Pct 2 Parks (1100):
Approval of certification of revenues by County Auditor in relation to insurance settlement proceeds and appropriation of funds in to Pct.2 Parks expenditure account in the amount of $8,956.30.
 
2. 78312   CONST 1 CCP59 (1233):
Approval of 2020 appropriation of funds in the amount of $10,000 for Constable Precinct 1 Chapter 59.
 
3. 78298   DA Check Fraud (1222):
1. Approval of certification of revenues, as certified by the Co. Auditor, in relation to revenues collected under the DA Check Fraud fund in the amount of $24,440.99.
2. Approval of deobligation of funds for the Check Fraud fund in the amount of $34,940.08 to fund deficit fund balance.
 
14.  
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 FORWARDED 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. 78306  
A) "Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover costs not accounted for in the current budget and cannot be lawfully funded by line item, allotment, or allocation, for the purchase of Roll-Off and Grapple Trucks, Canisters/Containers and other related accessories or related items/attachments/components, in order to assist with County functions related to medical and public health measures addressing the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, attached herein, finds that such expenditure is reasonable and necessary for the intended use";

B) Requesting exemption from competitive bidding requirements, pursuant to TxLGC 262.024(a)(1): an item that must be purchased in case of a public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens; (2) an item necessary to preserve and protect the public health and safety of the citizens;

C) Authority to purchase of (1) Grapple Truck from Big D Tractor Company dba Blue Cat Rentals through the County’s membership/participation with PCA (Purchasing Cooperative of America under contract PCA OD-328-20 in the amount of $269,000.00, subject to compliance with Form 1295 and the HC established and approved Requisition and Purchase Order protocol;

D) Discussion and applicable action on the purchase of (9) Roll-Off Trucks through the following cooperative purchasing programs subject to compliance with Form 1295 and the HC established and approved Requisition and Purchase Order protocol.

Option 1: Rush Truck Center, (9) 2021 Peterbilt 348s to be delivered by April 2021 (no stock, need to be manufactured) through TASB-Buyboard Contract 601-19 in the amount of $1,310,848.38.

Option 2: Rush Truck Center, (4) 2020 Peterbilt 567s to be delivered by 12/31/2020 & (5) 2021 Peterbilt 567s to be manufactured and delivered within 60 days of PO release, through TASB-Buyboard Contract 601-19 in the amount of $1,665,200.00.

Option 3: Big D Tractor Company dba Blue Cat Rentals, (3) 2020 Mack GU533s ($159,000.00/each) &/or (6) 2021 Peterbilt 348s ($156,000.00/each) to be delivered by 12/31/2020, through PCA (Purchasing Cooperative of America contract PCA OD-328-20 in the amount of $1,413,000.00.

E) Discussion and applicable action on the purchase of (30) Roll-Off Containers subject to compliance with Form 1295 and the HC established and approved Requisition and Purchase Order protocol.

Option 1: Wastequip - through the County’s membership/participation with TASB-Buyboard Contract 599-19, in the amount of $158,658.00 delivery with an estimated delivery of 5 weeks from release of PO;

Option 2: Roll-Offs USA - (28) containers through the County’s membership/participation with TASB-Buyboard Contract 599-19, (2) containers open market, with delivery by 12/31/2020 in the amount of $150,508.00.
 
2. 78269  
Presentation of qualified responsible vendor submitting the lowest and responsible bid for the purpose of award and approval of contract for RFB titled: Hidalgo County - "Fire Extinguisher Equipment and Maintenance" through project No. 2020-367-10-28-ABV .
 
3. 78175  
Requesting authority to exercise the first of three (3), one (1) year extensions as provided in the current ICA, C-19-303-11-26, under the same terms and conditions with the City of Hidalgo for the use of city owned building by HHSD & WIC.
 
B.   Pct. 1
 
1. 78259  
Acceptance and approval to execute AIA Document A133-2009 Guaranteed Maximum Price Amendment No. 1 between Hidalgo County and contractor, E-Con Group, LLC. for the "Sunset Park Operations Facility - Pct.1" Project through Contract No. C-18-181A-03-26, in the amount of $1,663,131.00 with authority to issue a Notice to Proceed [NTP], subject to final specifications and drawings.
 
C.   Pct. 2
 
1. 78272  
A. Acceptance and approval of Work Authorization No. 2 (with an estimated cost of $762,090.95) as submitted by project engineer, L&G Consulting Engineers, to provide an "Environmental Re-evaluation, ROW Acquisition Services, additional Design Survey, ROW mapping, and PS&E (only for a needed outfall for Segment I) for the Pct 2 Nolana Loop Project (from FM 1426 (Raul Longoria) to FM 907 (Alamo Rd)" through Contract# C-17-088-04-05.

B. Pursuant to current contract with L&G Engineering (Article 14), a request for approval by engineer to permit the subcontracting of Vickrey & Associates, Inc. and AmaTerra Environmental to provide design survey, ROW Mapping, and Environmental Services in connection with C-17-088-04-05 for the Pct 2 Nolana Loop Project.
 
D.   Pct. 4
 
1. 78304  
Acceptance and approval of final negotiated AIA Document form form of Agreement A101-2017 betwee Hidalgo County and NM Contracting, LLC [C-20-208-11-17] for the Construction of New Mechanic's Shop in Precinct #4 subject to HC/DA/Civil Section final review and approval as to legal form.
 
E.   IT Department
 
1. 78244  
A. "Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for Hidalgo County in order to assist with County functions and compliance with public health measures related to the ongoing COVID-19 public health emergency with establishing a Wi-Fi Project to assist the citizens with distance learning, including technology improvements, as well as improving telework capability; the Court having reviewed the Agenda Item Briefing herein find that such expenditure is reasonable and necessary for the intended use.";

B.Requesting exemption from competitive bidding/procurement requirements under Texas Local Government Code, 262.024 (a)(1) and (2) attached herein;

C. Acceptance to adjust the original SOW approved on [08/04/20 under AI-76684] for additional WiFi Equipment, Material and Professional Services with Insight Public Sector, Inc. through our membership/participation with OMNIA contract 4400006644 and approval of quotes [Q11022020MM, Q11102020MM] with authority for County Judge to execute document, if needed.
 
F.   Health & Human Services Dept.
 
1. 75863  
A. Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the [Hidalgo County Health Department IT Technology and Data Communications Enhancements Purchases], in order to assist with County Public Health expenses addressing the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use.";

B. Exemption from competitive bidding requirements, pursuant to Texas LGC 262.024(a)(1): an item that must be purchased in case of a public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens; (2) an item necessary to preserve and protect the public health and safety of the citizens.

C. Requesting approval to purchase the following IT Technology and Data Communications Enhancements [in 3 phases] through the County's membership/participation with DIR Cooperative through contract awarded vendor, Insight Public Sector Inc. Subject to compliance with 1295 Form.
Phase Cooperative Contract Requisition# Total Amount Notes
1 DIR-TSO-4160
DIR-TSO-4093
DIR-TSO-3691
 00423146
00423148
00423149
 $61,477.80
$13,881.50
$29,400.00
$104,759.30		 Subject to Final Statement of Work
(REQ#00423149)
2 & 3 DIR-TSO-3691
DIR-TSO-4160

 00423770
00423893

 $146,308.05
$61,969.20
$208,277.25
 Subject to Final Statement of Work
(REQ#00423770)
 
G.   Facilities Management
 
1. 78260  
A. "Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by a line item, allotment or allocation, for the purchase of Turnkey services (hardware, accessories and installation services) for the Countywide Automatic Doors Project headed by Hidalgo County Facilities Management Department, in order to assist with County Public Health functions in mitigating the spread of the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use."; and,

B. Exemption from competitive bidding requirements, pursuant to Texas LGC 262.024(a)(1): an item that must be purchased in case of a public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens; (2) an item necessary to preserve and protect the public health and safety of the citizens;

C.Requesting approval for the purchase of Turnkey Services (hardware, accessories and installation) for the Countywide Automatic Doors Project through ProSound, Inc. dba Mood in the total amount of $799,900.00, under Requisition#00423870.
 
H.   Sheriff's Office
 
1. 78311  
A. Requesting approval of Work Authorization #3 (estimated cost $13,121.94) as submitted by engineer B2Z Engineering to provide preliminary design and construction management for Hidalgo County Sheriff's Office Memorial Wall project located in Precinct 4.

B. Pursuant to current agreement provision, B2Z Engineering is requesting authorization to subcontract Chanin Engineering for structural engineering analysis and design of Memorial Wall.
 
2. 78257  
Presentation of sealed quotes received for the purpose of award and approval of the contract to the responsible vendor submitting the lowest and best quote [while meeting all specifications and/or requirements as attached hereto] but in no event to exceed the statutory bid threshold of $50,000 for all Hidalgo County Law Enforcement Agencies "Purchase of Straw/Felt Hats" with Milano Hat Company.
 
3. 78248  
A. Approval of exemption from competitive bidding requirements under Texas Local Government Code, Chapter/Section 262-024 (a)(4), a professional service;

B. Pursuant to Government Code 2254 [demonstrated competence] acceptance and approval of negotiated contract, C-20-401-11-17, with Ivan G. Melendez, MD for the provision of "Physician Services for Inmates" for the Hidalgo County Sheriff's Office Adult Detention Center.
 
15.   Executive Office:
 
A.   Presentation for discussion of the following: 
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects 
2) Emergency situations occurring since last agenda meeting
 
16. 78310   Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds
a. Memorandum of Understanding (MOU) with the ESD No. 2
b. Memorandum of Understanding (MOU) with First Responders - Ambulance Companies
B. Measures necessary to preserve public health and safety
C. Direction regarding County government operations, including but not limited to essential functions
 
17.   Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following:
 
A.   Real Estate Acquisition
 
B.   Private consultation and advice of counsel concerning pending, potential and/or contemplated litigation, settlement offers, and/or legal matters subject to the attorney-client priviledge under the authority of the Open Meetings Act Section 551.071, Government Code.
 
C.   Consultation with Legal Counsel regarding Legal Action due to emergency situation
 
D. 78245   Claim of Juan Jose Ramos
 
18.  
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

B. Engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)
 
19.   Open Session:
 
A.   Real Estate Acquisition and appropriation for same
 
B.   Pending and/or potential litigation
 
C.   Discussion, consideration and possible action regarding response to public health emergency
 
D. 78246   Claim of Juan Jose Ramos
 
20.   Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
21.   Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
22.   Adjourn
 

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