AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
November 19, 2019
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:
             
1. Roll Call
 
2. Pledge of Allegiance
 
3. Prayer
 
4. Approval of Consent Agenda
 
5. District Attorney's Office:
 
A. AI-73108    Discussion, consideration and action acknowledging the Memorandum of Understanding between the Hidalgo County District Attorney's Office and South Texas College Continuing Education. The purpose is to collaborate and provide Continuing Education Units (CEUs) to participants on Law Enforcement courses.
 
B. AI-73180    DA's Office - District Attorney Testing of Forensic Evidence Grant (1281):
1. Requesting approval to apply for the FY 2020 District Attorney Testing of Forensic Evidence Grant.
2. Requesting approval of resolution to designate the County Judge as the grantee's authorized official and to the sign document.
 
C. AI-73200    DA - Victim's Unit Court Advocate Project (VUCAP) Grant (1281):
Approval to submit a VUCAP Grant #3596402 grant adjustment to the Office of the Governor (OOG).
 
D. AI-73198    DA - Victim Assistance Program (VAP) Grant (1281):
Approval to submit a VAP Grant #2924303 grant adjustment to the Office of the Governor (OOG).
 
E. AI-73189    DA-Victim Assistance Program Grant (VAP)(1281):
1. Approval to accept the Victim Assistance Program Grant, from the Office of the Governor, in the amount of $677,343.78, effective 10/01/2019 thru 9/30/2021.
2. Approval of Certification of Revenues, as certified by the County Auditor, for the FY 2019 Victim Assistance Program Grant and appropriation of same.
 
F. AI-73188    DA-Victims Unit Court Advocate Project Grant (VUCAP) (1281):
1. Approval to accept the Victims Unit Court Advocate Project Grant (VUCAP), from the Office of the Governor (OOG), in the amount of $1,021,281.23, effective 10/01/2019 thru 6/30/2021.
2. Approval of certification of revenues as certified by the County Auditor for FY2018 Victims Unit Court Advocate Project Grant and appropriation of same.
 
G. AI-73213    District Attorney CCP59 (1223):
Approval of 2019 appropriation of funds in the amount of $425,600.00 to fund salary related expenditures.
 
6. HIDTA - Task Force:
 
A. AI-73120    HIDTA (1291):
Approval to submit reprogram request to South Texas HIDTA from FY18 grant funds in the amount of $3,300.00 and related transfer.
 
7. Sheriff's Office:
 
A. AI-73155    Discussion, consideration and approval to appoint Jay Ontiveros, student at the University of Texas Rio Grande Valley as an Intern under the Hidalgo County Sheriff's Office Law Enforcement Internship Program for the period of November 2019 to December 2019.
 
B. AI-73154    Discussion, consideration and approval to appoint Eduardo Garcia Jr., student at the University of Texas Rio Grande Valley, as an Intern under the Hidalgo County Sheriff's Office Law Enforcement Internship Program for the period of January 2020 to May 2020.
 
8. Constable Pct. #3:
 
A. AI-73147    1. Discussion, consideration, and approval for Hidalgo County Constable Precinct 3's continued participation in Texas LESO Program, formally known as Texas 1033 Surplus Program.
2. Authorization for County Judge, as authorized official, to sign required documents. 
3. Authorization and approval to participate, select, and receive equipment under Texas LESO Program, with selection list to be submitted prior to receipt. 
 
9. Constable Pct. #5:
 
A. AI-73112    Discussion, consideration, and approval to appoint Javier Garza as Deputy Constable by Constable Daniel Marichalar, Constable Precinct 5, in accordance with Texas Local Government Code §86.011.
 
10. Elections Administration:
 
A. AI-73087    Discussion on election updates.
 
11. 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
 
B. Status update on Hidalgo County Wellness Program
 
C. AI-73281    Approval and consent of Hidalgo County for Ricardo Perez Law Firm, PLLC to represent Hidalgo County in a real estate transaction where firm represented the other party on other matters
 
12. WIC:
 
A. AI-73210    WIC Admin: 001-1292
Requesting approval to submit the Survey to the Texas Health and Human Services for additional funding.
 
13. Human Resources:
 
A. Requesting waiver of the Budget Amendment Policy - Personnel Related Amendments (if applicable) for personnel items listed
 
B. AI-73292    Discussion, consideration and action to implement a sick leave donor program for county employees not eligible for the sick leave pool program and who are affected by catastrophic health conditions or injuries
 
C. AI-73271    Criminal District Attorney (1100):
1. Approval to award discretionary step 3 to employee hired under slot no. 080-002-0148, Assistant District Attorney II after approval  of HR criteria certification in accordance with Section 8.03 of the Classification and Compensation Plan, effective upon Commissioner's Court approval.

2. Approval of the following personnel actions, effective upon Commissioner's Court approval:
Action Dept./ Prg. Slot # Position Title Grade
Delete 080/002 0043 Assistant District Attorney III 17
080-007 0156
080-015 0033
Create 080-002 0174 Assistant District Attorney II 15
080-007 0225
080-015 0038
 
D. AI-73100    Criminal District Attorney - Domestic Violence Unit Grant CJD-DVU (1281):
Approval of the following personnel action, effective 10/01/2019 and for calendar year 2020:
Action Dept./ Prg. Slot # Position Title Grade
Delete 080-022 0001 Assistant District Attorney II 15
 
E. AI-73173    Jail (1100):
Approval of the following personnel actions, effective next full pay period 11/25/2019 and for calendar year 2020:
Action Dept./ Prg. Slot # Current Position Title Current Grade/ Step Proposed Position Title Proposed Grade/ Step
Title Change 280-002 0360 Accountant I G08/S01 Accounting Clerk II G08/S01
 
F. AI-73171    Health Department - PHEP Grant (1293):
Approval of the following personnel actions, effective 11/19/2019 and for calendar year 2020:
Action Dept./ Prg. Slot # Position Title Grade
Create 340-013 0021 Public Health Specialist I 09
 
G. AI-73219    Constable Pct. 3 (1100):
Approval to create one (1) full-time temporary position, effective 11/19/2019 thru 12/31/2019 as follows:
Action Dept./ Prg. Slot # Position Title Rank
Create 293-001 T025 Deputy Constable 06
 
14. Health & Human Services Department:
 
A. AI-73144    Requesting approval to accept the TB/PC Federal grant contract #HHS000686100020 in the amount of $437,771.00 for the period of 01/01/2020 to 12/31/2020 and for County Judge to e-sign the grant contract and related documents.  
 
B. AI-73158    Requesting approval of the Interlocal Cooperation Agreement between City of McAllen, Texas and Hidalgo County, Texas. The purpose of the agreement is for the City of McAllen and Hidalgo County to provide the South Texas All Hazards Conference for individuals who respond and provide services in cases of emergencies involving potential public calamities primarily in mitigation, preparedness, response and recovery and further described and detailed in the ILA attached herein.
 
C. AI-73143    Pursuant to Health & Safety Code Chapter 121, Sec. 121.021, consideration, discussion and approval to appoint Ivan Melendez M.D. as the Hidalgo County Local Health Authority for the period of December 8, 2019 to December 7, 2021.  
 
D. AI-73150    Requesting approval to accept donation in the amount of $5.00 from client. 
 
15. Emergency Management:
 
A. AI-73225    Discussion, consideration and approval of cash compensation for overtime hours physically worked by NON-EXEMPT County Employee that was directly involved with the RGV-IMT response for Tropical Storm Imelda Mutual Aid Assistance to be included in the employee’s paycheck for the next available pay period, in accordance with the Hidalgo County Civil Service Commission Rules and the Hidalgo County Personnel Manual.
 
16. IT Department:
 
A. AI-73159    DISTRICT ATTORNEY'S OFFICE
Authorization and approval for the deactivation of 10 wireless devices and the reactivation of 3 wireless devices through the County's membership/participation with CONTRACT: DIR-TSO-3415 with VERIZON WIRELESS for the following:
Qty: Description: User: Service Plan: MDN:
10 Deactivation of Service Office Use Unlimited Data Plan @ $37.99/ea per month see attachment
3 Reactivation of Service with new MDN Office Use Unlimited Data Plan @ $37.99/ea per month see attachment
 
B. AI-73248    Authorization and approval to deactivate wireless data service through the County's membership/participation with CONTRACT: DIR-TSO-3415 with VERIZON WIRELESS for the following:
Qty: Department: Description: User: Service Plan: MDN:
1 WIC Program Deactivate Cell Phone Service Office Use Nationwide for Business-400 @ $24.99/mo 956-907-4943
2 Tax Office Deactivate MIFI data Service Office Use Unlimited Data Plan @ $37.99/ea per month 956-322-6071, 956-322-6197
 
17. Precinct #2 - Comm. Cantu:
 
A. AI-73293    Requesting acceptance and approval to submit an Application for Discharging Storm Water to Hidalgo County Drainage District No. 1 for the Pct 2 Las Milpas Park Youth Facility Project in Pharr, Texas with authority for Commissioner Eduardo Cantu to execute the application.
 
B. AI-73274   
1.  Approval and acceptance for Commissioner Precinct No. 2, Eduardo Cantu, to sign the Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity under TPDES General Permit Application (TXR150000) and the Request for Electronic Reporting Waiver from Texas Commission on Environmental Quality(TCEQ) for the Pct 2 Dicker Road Project.
2.  Requesting approval of payment in the amount of $325.00 to TCEQ for the application fee with authority for the County Treasurer to issue check after review and auditing procedures are completed by the County Auditor.
 
18. Precinct #3 - Comm. Flores:
 
A. AI-73254    TXDOT-Pct. 3 Liberty Blvd. (M3-FM2221) (1315):
1. Approval of Advance Funding Agreement (AFA) between Hidalgo County and Texas Department of Transportation for the Liberty Blvd. (Mile 3 to FM 2221) Project CSJ: 0921-02-322 & 0921-02-364 and approval of Order authorizing the County Judge to sign the AFA for said project. 
2. Approval to issue check to Texas Department of Transportation in the amount of $111,221.00 for the County's estimated share of direct state costs for environmental, right of way, engineering, and utilities for Hidalgo County Pct. 3 Liberty Blvd. (Mile 3 to FM 2221) Project, with authority for the County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor. 
 
B. AI-73220    Requesting approval of Supplemental No. 1 to Work Authorization No. 3 for the Veterans Road Project to amend the "Exhibit B" Scope of Services to be provided by Engineer and update "Exhibit D-1" Estimated Man-Hour Breakdown. The approved Work Authorization No. 3 does not increase and/or decrease the amount.  
 
19. Precinct #4 - Comm. Torres:
 
A. AI-73256    1.  Public hearing regarding Local Parks Grant application being submitted to the Texas Parks & Wildlife Department
2.  Requesting approval of a Resolution authorizing the submittal of a Local Parks Grant application to the Texas Parks & Wildlife Department
3.  Approval of Local Park Grant Program Applicant's Certification & Program Assurances
4.  Approval of an Order restricting Drilling and Mining
5.  Authorization for County Judge to sign all related documents.
 
B. AI-73106    Requesting approval for the RGV Food Bank Distribution to use the San Carlos Endowment Center Community/Cultural Rooms (including the parking lot area) at Precinct 4 on Wednesday, December 11, 2019 from 9 am-12 pm.
 
20. Budget & Management:
 
A. Budget Appropriations:
 
1. AI-73196    Pct. 4 Mile 5 Rd (1200):
Requesting approval of the Certification of Revenues by County auditor in the amount of $1,347,248.24  for revenues received from the City of McAllen for McAllen-FM 676 PH II Project and appropriation of the same. 
 
21.
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. AI-72913   
Presentation of the responsible vendor submitting the lowest and best bid [meeting all specifications]  for award and approval of contract to National  Security, LLC  for Hidalgo County- "Security Guard Services"  for RFB 2019-181 subject to compliance to HB 1295.
 
2. AI-73253   
Acceptance and approval to execute AIA Document A133-2009 Guaranteed Maximum Price Amendment No. 8 (CPR 14 Added Scope) between Hidalgo County and contractor, Morganti Texas, Inc. for "Construction of New Hidalgo County Courthouse" Project  to increase the contract sum to the amount of $144,350,567.00, which is an increase of  $12,167,852.00, and to include the approval to issue a Notice to Proceed [NTP].
 
3. AI-73217    Acceptance and approval to execute final professional engineering services contract [approved by HCCC on 10/22/19 ai # 72340] with L & G Consulting Engineers, Inc. dba L & G Engineering for On Call Services – Traffic Studies County Wide. 
 
 
4. AI-73222   
A.  Acceptance of a revenue check for $141,127.57 in connection with Oil & Gas Lease #2184837-Louise DeGouche Gas Unit located in Hidalgo County, Texas from Dewbre Petroleum including the signing and returning of the "payment received" portion of transmittal letter attached herein;
 
B.  Recommendation by Hon. Lita Leo, HC Treasurer to HCCC to take "no action" on the Authorization Agreement for Direct Deposit of revenue payments into either checking or savings accounts as provisions of said agreement are not "in the best interest" of the County.
 
B. Pct. 2
 
1. AI-73285   
A. Requesting approval of Supplemental Agreement No. 2 for services under Work Authorization No. 2, Contract No. C-17-182-06-13 for B2Z Engineering, LLC, resulting in an estimated cost increase of $198,910.71 for the Pct #2 Military Highway Extension Project;

B. Pursuant to the current contract with B2Z Engineering, LLC (Article 14), a request by the engineer to permit the subcontracting of  R.O.W. Surveying Services, LLC, CSR Environmental and Consulting, LLC, and Aldana Engineering and Traffic Design in connection with C-17-182-06-13 for Pct 2 Military Highway Extension Project.
 
2. AI-73276   

A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code Section 262.024 (A) (4) a “professional service”;

B. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved pool of professional engineering service providers for On Call/As Needed Basis;

C. Authority for the Purchasing Department to negotiate professional "on call" services agreement on "an as needed" basis for the provision of Geotechnical/Construction Materials Testing for Precinct No. 2 commencing with the No. 1 Ranked firm of  _____________________________.
 
C. Pct. 4
 
1. AI-73294   
A.  Requesting exemption from competitive bidding requirements, under Tx.LGC, 262.024(a) (4), a professional service;

B.  Presentation of the scoring grid (for the purposes of ranking by CC) the nominated firms graded/evaluated through the County’s approved “pool” of Engineering Firms for the purposes of (On Call) Professional Engineering Services for: "Road & Bridge, C.I.P. & Other Projects in General"  within Hidalgo County Precinct No. 4;
Firm Name Evaluator #1 Evaluator #2 Score Rank
TEDSI INFRASTRUCTURE GROUP 98 97 195  
SOUTH TEXAS INFRASTRUCTURE GROUP 94 90 184  
LANDTECH 93 95 188  

C.  Authority for the Purchasing Department to negotiate a Professional Services Agreement for (On Call)-Engineering Services for the provisions of: "Road & Bridge, C.I.P. & Other Projects in General"  located within Hidalgo County Precinct 4, commencing  with the No. 1 ranked firm of ____________________________ .
 
2. AI-73288   
A.  Requesting exemption from competitive bidding requirements, under Tx.LGC, 262.024(a) (4) a professional service;

B.  Presentation of the scoring grid (for the purposes of ranking by CC) the nominated firms graded/evaluated through the County’s approved “pool” of engineering firms for the purposes of (On Call) Professional Engineering Services for: "Road & Bridge, C.I.P. & Other Projects in General"  within Hidalgo County Precinct No. 4:
Firm Name Evaluator #1 Evaluator #2 Score Rank
L&G ENGINEERING 98 99 197  
HALFF ASSOCIATES INC 96 97 193  
B2Z ENGINEERING 94 96 190  

C.  Authority for the Purchasing Department to negotiate a Professional Services Agreement for (On Call)-Engineering Services for the provisions of: "Road & Bridge, C.I.P. & Other Projects in General"  located within Hidalgo County Precinct 4, commencing  with the No. 1 ranked firm of ____________________________ .
 
3. AI-72811   
Award primary and secondary vendors submitting the lowest and best bids, meeting all specifications and approval of contracts for RFB No.2019-212-09-18-HGO- "Pit Run Caliche Base" to the following:
 
A. Primary Vendor- Roy's Hauling Service.; #C-19-212-11-19
B. Secondary Vendor- Granchelli Construction, LLC; # C-19-212A-11-19
 
D. Health & Human Services:
 
1. AI-73199   
A.  Presentation of the scoring/evaluation grid for the purpose of Commissioner's Court to declare/rank the sole submitted response received as "Qualified" in order to proceed to the next phase of the procurement process in connection with the "Request for Qualifications for Hidalgo County Health Department" for RFQ 2019-182 "Chief Physician Services";

B.  Acceptance and approval of the final negotiated contract with Dr. Ivan G. Melendez, MD for RFQ: 2019-182-10-09-YSS titled "Chief Physician/Health Authority for Hidalgo County Health and Human Services Department"
 
E. IT Department
 
1. AI-73255   
HC-IT Dept. is requesting approval to purchase equipment through Netsync Network Solutions under DIR Contract (DIR-TSO-4167) in the amount of $84,420.09 through requisition #404637 including vendor commitment to ship items prior to end of fiscal year as required to qualify for payment out of 2019 budget.
 
F. WIC
 
1. AI-73218   
Presentation of the responsible vendor GBB Rentals, LTD submitting the sole bid received for the purpose of award and approval of contract for project titled: "Lease of Office Space - City of Donna" with Contract  #C-19-171-11-19 for Hidalgo County WIC Program commencing November 30, 2019 subject to compliance with HB 1295.
 
2. AI-73146   
Presentation of the sole qualified responsible vendor RReal LLC for the purpose of awarding bid and approving the contract for RFB:2019-169-09-04-ABV, Lease of Office Space Alton- (West), for the housing of the Hidalgo County WIC program.
 
G. Facilities Management
 
1. AI-73124   
Presentation of sole responsible vendor, Matt's Building Materials, Inc. submitting the lowest and best bid for the purpose of award including approval of contract document for project titled: "Construction Building Materials & Related Supplies"- Hidalgo County through RFB No.: 2019-167-09-25-YSS.
 
H. Sheriff's Office
 
1. AI-73252   
Requesting approval to purchase (1) one vehicle for the Hidalgo County Sheriff's Office through , Spikes Motor Company for a total amount of $37,213.75 through the processing of a Requisition and issuance of Purchase Order subject to vendor's successful completion/registration application process with SAM.GOV.
 
I. Co. Wide
 
1. AI-73202    A.  Authority to advertise and approval of procurement packet (i.e., specifications - requirements, legal notice etc.) as attached hereto for H.C. "Professional Audit Services RFQ No 2019-232-12-09-ABV including the  re-advertisement  of project in the event of no participation received, and/or rejected and  project is still required.

B. Appointment and/or designation by Commissioners' Court to select/assisgn an evaluation committee to evaluate and score the SOQ's received for RFQ 2019-232-12-09-ABV- Professional Audit Services for Hidalgo County (All Funding Sources)
 
2. AI-73243   
Presentation of the Commercial Electric Service Agreement between Gexa Energy, LP and the County of Hidalgo County as required under the membership agreement with Texas Coalition for Affordable Power [TCAP] in connection with securing electric energy/power service as reviewed as to legal form through HC-DA/Civil Section.
 
3. AI-73191   

Presentation of sole responsible bid received [meeting all specifications and/or requirements] from Anrige Inc., dba, A Clean Portoco for the purpose of award and approval of contract document in connection with project titled: Hidalgo County-"Lease Service of Portable Toilets and/or Showers:" through RFB No.:2019-259-10-30-TDL upon submittal of 1295 .
 
4. AI-73201   
Presentation of sole bid received from responsible vendor Martin Pena, dba Delta Specialties Signs & Supply" [meeting specifications and/or requirements] for the purpose of award and approval of contract document in connection with project title: Hidalgo County-"Traffic Road Signs & Misc. Items" through RFB No.:2019-281-10-30-MEG.
 
5. AI-73156   
Presentation of the responsible vendor, Lhoist North America of Texas, submitting the lowest & best bid for award and approval of contract [meeting all specs/requirements-attached herein] under RFB No. 2019-271-10-02-HGO - "Lime Road Material and Services".
 
22. Open Forum
 
23. Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 
A. Real Estate Acquisition
 
B. 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. AI-73184    EEOC Charge No. 451-2019-01980; N.S. v County
 
D. AI-73134    EEOC Charge No. 451-2019-03926; D.O. v County
 
E. AI-73167    EEOC Charge No. 451-2017-00801; A. A. v County
 
F. AI-73136    Claim of Margarito Torres
 
G. AI-73205    Cause No. SC19-0579-J22; County of Hidalgo, Texas v. Eladio De Hoyos / Subrogation Claim
 
H. AI-73260    CL-19-5922-E; Rosario Eliosa Orozco ind. and as next friend of K.A. and A.O., minors v. County of Hidalgo and Roman Rodriguez
 
24.
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)
 
25. Open Session:
 
A. Real Estate Acquisition and appropriation for same
 
B. Pending and/or potential litigation
 
C. AI-73186    EEOC Charge No. 451-2019-01980: N.S. v County
 
D. AI-73135    EEOC Charge No. 451-2019-03926; D.O. v County
 
E. AI-73168    EEOC Charge No. 451-2017-00801; A. A. v County
 
F. AI-73137    Claim of Margarito Torres
 
G. AI-73206    Cause No. SC19-0579-J22; County of Hidalgo, Texas v. Eladio De Hoyos / Subrogation Claim
 
H. AI-73261    CL-19-5922-E; Rosario Eliosa Orozco ind. and as next friend of K.A. and A.O., minors v. County of Hidalgo and Roman Rodriguez
 
26. Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
27. Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
28. Adjourn