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AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
OCTOBER 3, 2023
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 Courthouse Annex III 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 551.127, NOTICE is hereby given that a physical quorum, including the presiding officer/member, will be present at the specified meeting location. Some members of the governing body and/or government officials may participate via videoconference.

Members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive

Roll Call

Pledge of Allegiance

Prayer

Approval of Consent Agenda

Approval of Awards/Recognitions:

AI-92728

Proclamation declaring October as Down Syndrome Awareness Month. Click to View

AI-92645

Proclamation declaring October 2023 as Domestic Violence Awareness month. Click to View

AI-92654

Approval of Proclamation recognizing Mental Illness Awareness Week and World Mental Health Day. Click to View

AI-92656

Approval of Proclamation declaring October 2023 Manufacturing Month. Click to View

Open Forum

County Judge's Office:

AI-92653

1. Discussion, consideration, and approval of Resolution in support of Amigos Del Valle’s desire to apply for grant funds from the Texas Department of Agriculture (TDA) for their Texans Feeding Texans: Home-Delivered Meal Grant Program application.
2. Authorization for Judge Richard F. Cortez to sign the Resolution. Click to View

District Attorney's Office:

AI-92669

DA - Border Prosecution Unit Grant (BPU) (1281):
1. Approval to accept the Region 3-Border Prosecution Unit Grant in the amount of $1,878,718.00, effective 09/01/2023 through 08/31/2025.
2. Approval of certification of revenues as certified by the County Auditor for the FY 2024 Region 3-Border Prosecution Unit grant funds in the amount of $1,878,718.00 and appropriation of the same.
Click to View

AI-92670

DA - Forensic Evidence Testing Grant (FET) (1281):
1. Approval to accept grant award in relation to the FY 2024 Forensic Evidence Testing grant in the amount of $100,000.00 from the Office of the Governor-Criminal Justice Division (OOG-CJD) for the period of September 1, 2023, to August 31, 2024, with authority for County Judge, as authorized official, to accept award electronically.
2. Approval of certification of revenues, as certified by the County Auditor, for the FY 2024 Forensic Evidence Testing grant in the amount of $100,000.00 and appropriation of same.
Click to View

AI-92668

DA - Domestic Violence Unit Grant (DVU) (1281):
Approval to continue the payment of salaries for all employees currently being paid by the Domestic Violence Unit Grant pending award of the Fiscal Year 2022 grant. Click to View

AI-92667

DA - Victim Assistance Program Grant (VAP)(1281):
Approval to continue the payment of salaries for all employees currently being paid by the Victim Assistance Program Grant pending award of Fiscal Year 2022. Click to View

Sheriff's Office:

AI-92602

1. Pursuant to Tx. Local Gov't Code, Subchapter D-263.151(@)(A) &/or (B), declaration of Asset No: 76548 issued firearm [as further detailed in supporting documentation contained herein] as "Surplus" for the purpose [as permitted by Gov't Code 614];
2. Pursuant to Gov't Code, section 614, [permitting a peace officer retiring from a governmental entity to purchase their assigned firearm] requesting that Hidalgo County Commissioner's Court approve the value of Lieutenant Marcos Mendez's issued firearm at the Fixed Assett Value [supporting documentation attached] at $107.25. Click to View

AI-90984

Sheriff's Office - FY 2022 General Victim Assistance Grant (VOCA) (1284):
1. Authorization and approval to accept the General Victim Assistance Grant (VOCA). Grant No. 4218503, in the amount of $77,101.25 effective on 10/01/2023 - 09/30/2024 received from the Office of the Governor-Criminal Justice Division (OOG-CJD) with authority for County Judge, as authorized official, to electronically sign grant award form and related documents.
2. Approval of the certification of revenues, as certified by the County Auditor, for the General Victim Assistance Grant (VOCA) and appropriation of same. Click to View

AI-92693

FY 2023 JAG Program (1282):
1. Approval to accept the FY 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) award from the U.S. Department of Justice-Office of Justice Programs (DOJ-OJP) in the amount of $42,672.00 for the period of October 1, 2022 to September 30, 2026 with authority for County Judge, as authorized official, to sign required documents.
2. Approval of certification of revenues as certified by the County Auditor for the FY 2023 JAG Grant in the amount of $42,672.00 and appropriation of same. Click to View

AI-92696

Sheriff's Office - NCIC Tech Grant (1284):
1. Approval to rescind action taken on (AI-92631) 09/26/23 related to the NCIC Tech Grant certification of revenues.
2. Approval of partial certification of revenues, as certified by the Co. Auditor, and appropriation of funds for the NCIC Tech Grant in the amount of $145,750.00 from the total award amount of $210,000.00. Click to View

AI-90934

Sheriff's Office - Rifle Resistant Body Armor Grant (1284):
1. Authorization and approval to accept grant award from the Office of the Governor - Criminal Justice Grant Division in relation to the Rifle Resistant Body Armor (RRBA) FY 2024 grant (09/01/23 - 08/31/24) in the amount of $310,800.00 with authority of County Judge, as authorized official to accept award electronically.
2. Approval of Certification of Revenues, as certified by the Co. Auditor, for the FY 2024 RRBA in the amount of $310,800.00 and appropriation of same. Click to View

AI-90925

Sheriff's Office - Local Border Security Program (LBSP) (1284):
1. Authorization and approval to accept grant award from the Office of the Governor - Homeland Security Grant Division in relation to the LBSP FY 2024 grant (09/01/23 - 08/31/24) in the amount of $233,000.00 with authority of County Judge, as authorized official to accept award electronically.
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the Co. Auditor, for the FY 2024 LBSP in the amount of $233,000.00 and appropriation of same. Click to View

10.

Constable Pct. #1:

AI-92614

Discussion, consideration, and approval to appoint Justo Garcia as Reserve Deputy Constable by Constable Celestino Avila Jr, Constable Pct. 1 in accordance with Texas Local Government Code Section 86.012 Click to View

AI-92596

Constable Pct. 1- Texas A & M University-Kingsville (TAMUK) (1285):
1. Approval of an Interlocal Cooperation Agreement between County of Hidalgo, Texas, acting by and through the Hidalgo County Constable Pct.1 and Texas A & M University-Kingsville, acting by and through its Police Department in relation to security services with authority for County Judge, as authorized official, to execute agreement.
2. Authorization and approval to pay overtime reimbursable under the agreement terms and conditions.
3. Approval to certify revenues by Co. Auditor and appropriation of same. Click to View

AI-92701

Constable Precinct 1 - FY 2024 Local Border Security Program (LBSP) (1284):
1. Authorization and approval to accept grant award in relation to the FY 2024 Local Border Security Program (LBSP) in the amount of $35,000.00 from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) for the period of September 1, 2023, to August 31, 2024 with authority for County Judge, as authorized official, to accept award electronically.
2. 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 FY 2024 Local Border Security Program (LBSP) Grant in the amount of $35,000.00 and appropriation of the same. Click to View

11.

Constable Pct. #2:

AI-92708

Constable Pct. 2 - 2022 TTBH Justice Involved Individuals (JII) Grant (1285):
Requesting authorization to reclassify overtime expenditures into Constable Pct. 2 General Fund account in the amount of $3,104.11 in order to close-out of grant. Click to View

AI-92690

Constable Precinct 2 - FY 2024 Local Border Security Program (LBSP) (1284):
1. Authorization and approval to accept grant award in relation to the FY 2024 Local Border Security Program (LBSP) in the amount of $35,000.00 from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) for the period of September 1, 2023 to August 31, 2024 with authority for County Judge, as authorized official, to accept award electronically.
2. 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 FY 2024 Local Border Security Program (LBSP) Grant in the amount of $35,000.00 and appropriation of the same. Click to View

12.

Constable Pct. #4:

AI-92626

Discussion, consideration, and approval to appoint Francisco J. Luevano as Reserve Deputy by Constable A. "JR" Gaitan Precinct 4 in accordance with Texas Local Government Code Section 86.012. Click to View

AI-92733

Constable Pct.4 - FY 2024 Local Border Security Program (LBSP)
1. Authorization and approval to accept grant award in relation to the FY 2024 Local Border Security Program (LBSP) in the amount of $73,000.00 from the Office of the Governor -Homeland Security Grant Division (OOG-HSGD) for the period of September 1, 2023 to August 31, 2023 with authority for County Judge, as authorized official, to accept award electronically.
2. Authorization to pay overtime reimbursement under the grant terms and conditions.
3. Approval of certification of revenues, as certified by ht Auditors, for the FY2024 Local Border Security Program (LBSP) Grant in the amount of $73,000.00 and appropriation of the same. Click to View

13.

Human Resources:

Requesting waiver of the following, if applicable, for personnel items listed:
1. Civil Service Commission Rules - Section 3.22
2. Hidalgo County Personnel Policy Manual - Section 6.27
3. Budget Amendment Policy - Personnel Related Amendments

AI-92584

Discussion, consideration, and action to set health insurance plan premiums for calendar year 2024. Click to View

AI-92664

CCL#8 (1100):
Approval of the following actions, effective upon Commissioners Court approval:

Action	Dept./Prg.	Slot #	Position Title	Grade	Current Allowance Amount	Proposed Allowance Amount
Delete/ Remove Interpreter Allowance	028-001	0004	Bailiff	10	$3,000.00	$0.00
Create/ Add Interpreter Allowance	028-001	0010	Bailiff I (CC)	11	$0.00	$6,000.00

Click to View

14.

Urban County:

AI-92666

“Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with Saenz Brothers Construction, the lowest responsible bidder in the amount of $3,986,172.86 utilizing funds awarded to Hidalgo County by the Texas General Land Office (GLO) under Contract No. 22-082-005-D200 for the 2016 State Mitigation Competition Phase 2 Segment C project.

Click to View

AI-92649

“Subject to compliance with HB 1295”, the Urban County Program is requesting approval of a best and final negotiated contract for Professional Engineering Services with Javier Hinojosa Engineering in the amount of $50,720.00 utilizing CDBG FY 31, 33, 34, 35 and 36 (2018, 2020, 2021, 2022 and 2023) Hidalgo Flood Drainage Improvements Funding and approval of Work Authorization No. 1. Click to View

15.

Head Start Program:

AI-92675

Discussion, Approval, Appointment of One (1) Community Representative by Each Member of the Commissioners’ Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1)Year Term According to 45 CFR (1301.3(d)(3) Beginning in October Click to View

16.

Elections Department:

AI-92658

1. Discussion on Election Updates.
2. Approval of the November 7, 2023 Special Constitutional Amendment Election and Local Entities Elections Services Contract between Hidalgo County and the following entities:

McAllen Independent School District
PSJA Independent School District
The City of Donna
The City of Palmview

Click to View

17.

Planning Department:

AI-92697

1. Requesting approval to rescind action on Consent Agenda Item 90853 1.h approved by Commissioners' Court on 5/16/2023

2. PIPELINE AND UTILITY PERMIT
a. Applicant: GST Construction Inc. (Jacobo Garza)
Legal Description: 10.00 acres out of Lot 452 John H. Shary Subdivision; Proposed; Nemont Estates Phase II Subdivision (Glasscock Road & Mile 6 Road) (Pct. 3)
Proposed improvement within Right-of-Way: One 6” Sanitary Sewer Line with a 12” PVC casing boring Mile 6 Road, Glasscock Road and Taylor Road. One Line extension running east approximately 1/2 mile east along the south side of Mile 6 Road. Click to View

18.

Precinct #1 - Comm. Fuentes:

AI-92699

Requesting approval to accept the counter offer to purchase a tract of land known as Parcel No. 40 associated with the Mile 6 W Road Improvement Project (RCSJ# 0921-02-355) with authority for the County Judge to sign the Administration Evaluation and Approval Form. Click to View

AI-92698

Authorization and approval to rename county road 1595 to DLID River Road for 911 purposes as recommended by the RGVECD - 911 department. Click to View

19.

Precinct #2 - Comm. Cantu:

AI-92731

Pct 2 Cesar Chavez (Bus. 83-Ridge):
Requesting approval to accept counter-offer to purchase tract of land known as Parcel 9 associated with the Pct 2 Cesar Chavez Road Project from Bus 83 to Ridge Road (ROW CSJ:0921-02-412) with authority for the County Judge to sign the Administrative Evaluation and Approval Form. Click to View

20.

Precinct #3 - Comm. Villarreal:

AI-92622

Requesting authorization to name a road located 1400 LF west of Ojo De Agua St and 284 LF south on Chihuahua Rd and runs through Parcel IDs: 222218, 222217, 222213, and ends at Parcel ID 222210 in the Los Ejidos De Reynosa Subd. as Los Ejidos St. Click to View

21.

Precinct #4 - Comm. Torres:

AI-92730

Pct. 4 UT-Health Snap-Ed Program (1286):
Requesting the ratification and approval to continue the payment of salaries for two (2) Hidalgo County Health Workers currently being paid with FY 2023 grant funds; to start payment of salaries out of the fiscal year of 2024 grant funds after approval of the final revised draft ICA with UT-Health Snap-Ed Program commencing, October 1, 2023 - September 30, 2024. Click to View

22.

Budget & Management:

AI-92702

Acceptance and approval of the Texas Juvenile Justice Department Salary Adjustments effective September 01, 2023, as per HB 1. Click to View

Budget Appropriations:

AI-92660

Pct. 4 Road & Bridge (1200):
Approval of certification of revenues by County Auditor in the amount of $36,740.89 in relation to labor reimbursement received from Drainage District No. 1 for the Raymondville Drainage Project and appropriation of same. Click to View

AI-92657

TB Prevention & Control (1293):
Approval to deobligate cash match funds and appropriate into Co. Wide Adm.-Contingency in the amount of $28,384.00 in relation to the TB Prevention & Control grant due to the contract being shortened by four months. Click to View

23.

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).

AI-92665

1. Requesting exemption from competitive bidding requirements under TxLGC 262.024(a)(7), an item that can be obtained from only one source, (7) items from which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies;
2. Acceptance and approval of a Sole Source Declaration for vendor, Asset Systems, Inc. for the purchase of an annual asset management software subscription, for the Fixed Asset Division.
3. Ratification of issuance of PO# 869113 dated September 06, 2023, for the purchase of an annual subscription renewal from Asset Systems, Inc. Click to View

Hidalgo County

AI-92390

A. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4): a personal or professional service;
B. Presentation of scoring grid for the purpose of ranking by HCCC, of firms graded through the County’s Pool of pre-qualified Professional Architectural Services to provide Americans with Disabilities Act surveying and other required services for the “Hidalgo County Public Facilities Survey and Maintenance Services” Project:

	Milnet Architectural Services, PLLC	The Warren Group Architects Inc.	Sam Garcia Architect
Evaluator No. 1	2	1	3
Evaluator No. 2	2	1	3
Evaluator No. 3	1	2	3
Evaluator No. 4	1	2	3
Evaluator No. 5	1	2	3
TOTAL	7	8	15
RANK

*Evaluation and Scoring conducted by Committee members.

C. Requesting authority for HC Purchasing Department to negotiate a Professional Architectural Service Agreement commencing with the No.1 ranked firm ________________________ to provide Americans with Disabilities Act surveying and other required services for the “Hidalgo County Public Facilities Survey and Maintenance Services” Project.

Click to View

AI-92504

Requesting acceptance and approval of the sole qualified and final negotiated offer meeting all requirements for a Letter of Engagement between Hidalgo County and BLX, Group for Arbitrage Calculation Services. Click to View

County Judge's Office

AI-92694

Acceptance and approval of Amendment No. 1 to the Consulting Services Agreement (C-23-0131-05-30) for County Planning and Economic Development between Hidalgo County and MRP Consulting Services, LLC to include travel reimbursement clause, with authority for the County Judge to sign required documents. Click to View

Pct. 3

AI-92643

Requesting approval of Work Authorization No. 2, with an estimated cost of $78,753.67, as submitted by B2Z Engineering LLC, through Hidalgo County's Professional Engineering Services Agreement (C-22-0213-09-06/ARPA-21-340-019/ARPA-22-123-075) to provide Construction Material Testing Services for the El Paraiso Health Clinic Improvements Project & El Paraiso Community Resource Center, with authority for County Judge and Commissioner Precinct No. 3 to sign all required documentation. Click to View

Pct. 4

AI-92634

Requesting approval to award job order contractor, RENOWORKS, LLC through HC’s membership with TIPS (JOC Contract 211001), for the “Precinct No. 4 Office Renovations” project, in the amount of $81,478.00, with authority to issue a Notice to Proceed upon receipt of the required payment bond. Click to View

Health & Human Services Dept.

AI-92659

Requesting approval of Amendment six to Netsmart Technologies, Inc. Master Agreement (C-20-227-06-30) to include the Application Managed Services (AMS) that will enable the reconfiguration and setup of the financial and billing components for the Electronic Medical Records system to comply with the reporting requirements for the Texas Department of State Health Services and the Hidalgo County Auditor’s Office with authority for the County Judge to sign any and all required documents. Click to View

District Clerk

AI-92568

A. Requesting approval to terminate the "Software as a Service Agreement" (C-19-155-06-06) between HC District Clerks and Tyler Technologies Inc. to be replaced with a new Tyler Tech SaaS Agreement.
B. Requesting approval to enter into a "Software as a Service Agreement" (with cost savings) between HC District Clerks and Tyler Technologies, under the Sourcewell COOP (No. 090320-TTI), first annual fee of $78,000 and a total annual recurring cost of $99,030, with authority for County Judge to sign all required documents. Click to View

WIC

AI-92570

A. Requesting exemption from competitive bidding requirements pursuant to TLGC 262.02(a)(7)(A), items for which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies;
B. Acceptance and approval of the "Sole Source Declaration" for the Hemocue, to be utilized by HC WIC Department with said declaration to remain in effect while the declaration is in place or until revoked by HCCC;
C. Requesting approval to accept the donation of two-hundred (200) HB 301 Cuvettes from South Plains Community Action, with the approval for County Judge to sign any and all required documents. Click to View

Sheriff's Office

AI-92583

A. Requesting approval of the following Change Directives in connection with the Renovations and Repairs to the Leased Willacy County Detention Facility project (C-22-0661-05-30) from the contracted vendor, Noble Texas Builders, LLC:

Description	Total Amount
Change Directive No.4 Shower Panels	$65,203.00
Change Directive No. 9 Test and Balance	$98,700.00
Change Directive No. 10 Site Grading	$92,150.00

B. Requesting authority for the HC Sheriff, Designee or the County Judge to sign all required documentation. Click to View

AI-92623

Requesting approval to purchase one (1) Rough Terrain Scissor Lift through Hidalgo County's membership with OMNIA Partners Cooperative, (Contract No. 192163), awarded vendor W.W. Grainger, Inc., in the amount of $65,169.15. Click to View

AI-92600

Requesting approval to purchase equipment/supplies to maintain and operate the leased Willacy County Detention Facility, located at 1600 S. Buffalo Dr. Raymondville, TX, through OMNIA Partners Cooperative (Contract No. 192163), awarded vendor WW Grainger Inc, in the amount of $36,974.82, with authority for the HC Sheriff to sign any and all required documentation. Click to View

Auditor's Office

AI-92717

Requesting approval to enter into a three (3) year subscription with DebtBook, for accounting and reporting of leases to comply with GASB Statement #87, through HC's Membership with Omnia Partners Cooperative (Contract No. 14-03) in the total amount of $129,000.00. Click to View

24.

Executive Office:

Presentation for discussion of the following:
1) New Courthouse Project Updates
2) Update on ongoing county owned building construction, relocation and/or renovation repair projects
3) Emergency situations occurring since last agenda meeting

25.

Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. American Rescue Plan Act (ARPA) Funds
B. Measures necessary to preserve public health and safety
C. Direction regarding County government operations, including but not limited to essential functions

26.

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:

Real Estate Acquisition

Private consultation and advice of counsel concerning pending, potential and/or contemplated litigation, settlement offers, and/or legal matters subject to the attorney-client privilege under the authority of the Open Meetings Act Section 551.071, Government Code.

Consultation with Legal Counsel regarding Legal Action due to emergency situation

AI-92671

Cause No.:2:16-cv-03493- FMO-AS; City of Long Beach, et al v. Monsanto Company, et. al. Click to View

AI-92706

C-0830-16-G; R. Gutierrez Engineering Corporation v. Hidalgo County Click to View

AI-92734

Claim of Edward Loredo Click to View

AI-92736

Claim of Genesis Salazar, et al Click to View

AI-92722

Claim of Priscilla Lerma Click to View

AI-92679

Claim of Sirlene Hernandez De Rios Click to View

AI-92681

Claim of Edward Loredo Click to View

27.

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)

28.

Open Session:

Real Estate Acquisition and appropriation for same

Pending and/or potential litigation

Discussion, consideration and possible action regarding response to public health emergency

AI-92672

Cause No.:2:16-cv-03493- FMO-AS; City of Long Beach, et al v. Monsanto Company, et. al. Click to View

AI-92707

C-0830-16-G; R. Gutierrez Engineering Corporation v. Hidalgo County Click to View

AI-92735

Claim of Edward Loredo Click to View

AI-92737