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AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
May 26, 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: hidalgocounty.us

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.   Sheriff's Office:
 
A. 75660   Discussion, consideration and approval to appoint Jessica Escamilla, 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 June 2020 to August 2020.
 
7.   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
 
8.   Human Resources:
 
A.   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
 
B. 75678   Community Service Agency (3300):
Approval to create thirteen (13) full-time temporary positions for 30 weeks beginning 06/08/2020 and ending 12/31/2020, as follows:
Action Dept./ Prg. Slot # Position Title Proposed Salary
Create 901-033 T060 - T067 Case Study Manager $18,528.00
Create 901-033 T068 - T071 Eligibility Worker II $17,193.00
Create 901-033 T072 Accountant I $19,292.00
 
C. 75632   Public Defender (1100):
Approval of the following personnel actions, effective next full pay period 06/08/2020:
Action Dept./ Prg. Slot # Position Title Grade Current Allowance Proposed Allowance
Add Auto Allowance 085-003 0005 Public Defender II 15 $0.00 $1,500.00
 
D. 75670   Discussion, consideration and approval to appoint Diana Laura Davila as a volunteer/intern under the Hidalgo County Public Defender's Office for the period of May 26, 2020 through June 30, 2020.
 
E. 75687   Approval of backpay for employees listed on Exhibit A pursuant to Section 8.04 of the Classification and Compensation Pay Plan.
 
F. 75667   Approval to set salary (grade/step) for employees listed on Exhibit B due to reassignment, effective next full pay period 06/08/2020.
 
9.   Urban County:
 
A. 75645  
“Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with 2GS, LLC dba Earthworks Enterprises, the recommended responsible bidder in the amount of $448,586.40 utilizing UCP funds from Fiscal Years 31 - 32 (2018- 2019) Palmview Street Improvement Funds.
 
10.   Health & Human Services Department:
 
A. 75669   Requesting approval to submit grant application for the Title V Maternal and Child Health Fee-For-Service Programs and for County Judge to sign any related forms.
 
B. 75646   Requesting authorization for Eduardo Olivarez, Chief Administrative Officer, Hidalgo County Health & Human Services Department, to sign the Texas Health Trace Contact Tracing Implementation Confirmation Form and the Acceptable Use Agreement as they relate to statewide contact tracing for COVID-19 and further authorizing for Health & Human Services staff to sign any additional document necessary relating to the same.
 
C. 75614   Requesting approval for County Judge to sign the Contractor Written Acknowledgment of Completion of Cybersecurity Training Program as required by the Texas Department of State Health Services.
 
11.   Community Service Agency:
 
A. 75624   Proclamation designating May 2020 as Community Action Month.
 
B. 75657  
Discussion, consideration, and possible action to approve the Community Service Block Grant (CSBG) Disaster Relief Supplemental Funds Contract #61200003282 for FY 2020 from the Texas Department of Housing and Community Affair, with authorization for Jaime Longoria to electronically sign any and all pertinent documents.
 
12.   Elections Administration:
 
A. 75649   Discussion, consideration and approval of the Resolution in Support of the 2020 Help America Vote Act (HAVA) Cares Act Sub-Grant to Texas Counties.
 
13.   Planning Department:
 
A. 75644   1. Preliminary Approval
a. The Reserve Estates Subdivision- Pct.1 (Juan J. Coronado) (Victoria Road & Mile 10 North Road)
No. of Lots: 26 Single Family
Flood Zone: X
Estimated Number of Streetlights:9
Filling Stations:4
Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
ETJ: Yes, approved by the City of Donna.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, OSSF’s
Paved: Yes, Victoria Road is paved and 3 internal street to be paved.

b. Sunshine Estates No. 1 Subdivision- Pct. 1 (Richard W. Ruppert) (Jesus Flores Road & Monte Cristo Road)
No. of Lots: 58 Single Family
Flood Zone: X
Estimated Number of Streetlights:17
Filling Stations:6
Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
ETJ: No, Rural Area.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, OSSF’s
Paved: Yes, Jesus Flores Road and Monte Cristo Road are paved.4 internal streets to be paved.

2. Final Approval
a. Comarex No. 2 Subdivision - Pct. 3 (Alex Gonzalez) (Inspiration Road & Mile 7 North Road)
No. of Lots: 22 Single Family
Flood Zone: X
Streetlights: 5
Filling Stations:2
Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
ETJ: No, Rural Area.
Water: Yes, provided by Sharyland Water Supply Corporation.
Sewer: Yes, OSSF’s have been installed.
Paved: Yes, Inspiration Road is paved and 1 internal street has been paved.

b. Las Comadres #6 Subdivision - Pct. 3 (Carlos G. Leal Jr.) (Iowa Road & Mile 4 North Road)
No. of Lots: 66 Single Family
Flood Zone: X
Streetlights: 19
Filling Stations:7
Drainage: Yes, Drainage will be provided by storm sewer system discharging to HCDD#1 Regional Detention Facility approximately ½ mile southwest from the proposed subdivision.
ETJ: Yes, approved by the City of Mission.
Water: Yes, provided by Agua SUD.
Sewer: Yes, OSSF’s have been installed.
Paved: Yes, Iowa Road is paved and 4 internal streets have been paved.

3. Final Approval with Financial Guarantee
a. La Plaza Norte Phase 3 Subdivision- Pct. 1 (Kyndel W. Bennett) (Mile 14 ½ North Road & F.M. 493)
No. of Lots: 37 Single Family
Flood Zone:C
Streetlights: 11
Filling Stations: 2
Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
ETJ: Yes, approved by the City of Donna.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, OSSF’s have been installed.
*Final Approval with Cash Deposit in the amount of $8,000.00 for (2) Filling Stations
Paved: Yes, Mile 14 ½ North Road and 3 internal streets have been paved.

b. Las Villas Estates Subdivision- Pct. 1 (Kyndel W. Bennett) (Mile 4 West Road & Mile 12 ½ North Road)
No. of Lots: 61 Single Family
Flood Zone:X
Streetlights: 11
Filling Stations: 4
Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
ETJ: Yes, approved by the City of Weslaco.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, OSSF’s have been installed.
*Final Approval with Cash Deposit in the amount of $17,500.00 for (4) Filling Stations
Paved: Yes, Mile 4 West Road is paved and 3 internal streets have been paved.
 
14.   Budget & Management:
 
A. 75681  
CARES Act Relief Fund (1287):
1. 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 COVID-19 Homestead Relief Program, in order to assist with expenses associated with provision of economic support 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.
2. Presentation, discussion and approval of the Hidalgo County COVID-19 Homestead Relief Program eligibility criteria;
3. Discussion, consideration and approval of Memorandum of Understanding between Hidalgo County and Community Service Agency for administration of the Hidalgo County COVID-19 Homestead Relief Program.
4. Approval of certification of revenues received from the CARES Act Relief Funds in the amount of $7,500,000 for the Hidalgo County COVID-19 Homestead Relief Program and appropriation of the same, with authority for County Treasurer to issue check to Community Service Agency after auditing procedures by the County Auditor.
 
B. 75682   CARES Act Relief Fund (1287):
1. Discussion, consideration, and action to approve the ratification of necessary CARES Act Relief Fund expenditures to cover costs not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the following: health expenses for communication and enforcement of public health orders
(exhibit A), public health expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment
(exhibit B), public health expenses for disinfection of public areas and other facilities
(exhibit C), public health expenses for public safety measures
(exhibit D), expenses to improve telework capabilities for public employees
(exhibit E) and other related expenses reasonably necessary to the function of government
(exhibit F) 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.
2. Approval of intradepartmental transfer.
 
C. 75658   TXDOT-Pct 1 Mile 10N(Mile 6-FM1015) (1315):
Approval of Advance Funding Agreement between Hidalgo County and Texas Department of Transportation for Mile 10N from Mile 6 to FM1015 (CSJ:0921-02-360) and approval of Order authorizing the County Judge to sign agreement for said project.
 
D.   Budget Appropriations:
 
1. 75673   Capital Projects Funds (13XX):
Approval of certification of revenues as certified by the County Auditor for revenues received from interest earnings from various capital project funds and appropriation of the same.
 
15.  
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. 75676  
A. Pursuant to Notice provided to the public, requesting acceptance to enter into a Professional Legal Services Contract with The J. Ramirez Law Firm pursuant to Government Code 2254.1036 for the service of Bond Counsel.
.
B. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024 (a) (4), a professional service;

C. Approval of letter of engagement with "The J Ramirez Law Firm" for the provision of Bond Counsel Services to the County subject to compliance with HB 1295.

D. Discussion, consideration and action entering/approving an "Order" on professional legal services contract.
 
2. 75666  
A. Presentation of scoring grid for the purposes of ranking by Commissioners' Court for the responses received in connection to the Request for Proposals for Hidalgo County - "RFP 2019-238-03-04 - Debris Monitoring & Management Services.
Participants CDR Maguire Debris Tech TCS Doc Tetra Tech TLC Engineering Witt O'Brien's
Evaluator 1 98 93 95 91 92 92
Evaluator 2 94 94 92 96 90 91
Evaluator 3 80 83 88 98 92 89
Evaluator 4 83 86 89 93 88 90
Evaluator 5 81 79 95 98 78 87
Total 436 435 459 476 440 449

B. Requesting authority for the Purchasing Department to proceed and commence negotiations with the number one ranked firm, _________________________________ for Debris Monitoring & Management Services.
 
B.   Pct. 1:
 
1. 75653   Requesting approval to purchase (1) New John Deere 75G Compact Excavator through the County's membership/participation with TASB-Buybpard Cooperative Purchasing Program's awarded vendor Doggett for Pct.1 (Contract#597-19 Exp. 11/30/22) in the amount of $99,970.93.
 
C.   Pct. 2
 
1. 75698   a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) professional services;

b. Presentation of scoring grid (for the purposes of ranking by CC) the firms graded and evaluated through the County approved "pool" of professional appraisal services for "ON CALL" Precinct No. 2 Projects;
Leonel Garza Jr. & Assoc David Harper, CBRE, llc Southmost Appraisal
Evaluator No. 1 97 95 94
Rank

c. Authority for the Purchasing Department to negotiate a professional appraisal services agreement commencing with the No. 1 ranked firm of ___________________________ for professional appraisal services for "ON CALL & AS NEEDED" basis for Precinct No.2 Projects.
 
2. 75697  
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) professional services;

b. Presentation of scoring grid (for the purposes of ranking by CC) the firms graded and evaluated through the County approved "pool" of professional appraisal services for "ON CALL" Precinct No. 2 Projects;
Professional Appraisal Services Appraisal Haus Southmost Appraisal
Evaluator No. 1 97 96 94
Rank

c. Authority for the Purchasing Department to negotiate a professional appraisal services agreement commencing with the No. 1 ranked firm of ___________________________ for professional appraisal services for "ON CALL & AS NEEDED" basis for Precinct No.2 Projects.
 
3. 75683  
Requesting approval of Supplemental Agreement No. 1 for Cruz-Hogan Consultants, Inc. , Contract No. C-17-276-11-07 resulting in additional surveying services with an estimated cost increase of $2,500.00 for services under Work Authorization No. 1 for the Pct 2 Moore Road Project (Veterans Blvd-San Antonio Rd.).
 
D.   Health & Human Services:
 
1. 75699  
Presentation of the Report from the Fixed Asset Committee with Recommendations for discussion, consideration and approval to proceed with the procurement process including, but not limited to the following:
CARES Act Funding Proceeds
Clinical Infrastructure and Support for Specimen/Vaccinations
(Item for existing Health Department Facilities)
Generator and Transfer Switch Capability
Generator/transfer switches/installation for clinics
IT Technology and Data Communications Enhancements
Software-HIPAA Privacy Compliance
Electronic Medical Records Systems
EMR Data Interoperability -Upgrades and Enhancements
Temporary Facilities to Support Response and Mitigation of Covid 19
Lease of New Building
Renovation of Existing Building
Site Improvements
Public Health Support
Disinfectant large machine (10)
Disinfectant smaller machine (10)
Supplies for the disinfectant machines
Vaccine and specimen refrigerator
Upright Refrigerator for packing supplies (ice packs)
Remote temperature guards for fridges and other unites
CAPR's (Helmet Unit) air purifying systems
Batteries of CAPR's
Biohazard waste supplies
Temperature Screening Devices
$4.160 M
 
2. 75686   Health & Human Services:
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 Forklift Purchase], 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, herein finds that such expenditure is reasonable and necessary for the intended use.

B. Requesting approval to purchase the following machinery through the County's membership/participation with Sourcewell Cooperative under Contract #101816-HCE [expires 12/15/2020]:
Requisition Vendor Model Amount
00415539 Lone Star Forklift, Inc. Hyundai 50DA-9 $53,897.00
 
16. 75656   Discussion, consideration and possible action regarding:
a. County response to disaster/health emergency:
1. CARES Act Funds
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. 75654   Consultation with Legal Counsel regarding Legal Action due to emergency situation
 
D. 75692   Cause No. D-1-GN-20-002525; Marek Brothers Systems Inv. v Ken Paxton, et al
 
E. 75625   EEOC Charge No. 31-C-2020-00233 R.M. v. County of Hidalgo
 
F. 75627   EEOC No. 451-2020-02002; A.B., III v County
 
G. 75695   EEOC No. 451-2019-04078; S.P.O. v Co.
 
H. 75619   Claim of Jorge Alejandro Gonzalez Zuniga
 
I. 75633   Claim of Joel Gutierrez, Jr.
 
J. 75636   Claim of Maria Meza Malerva
 
K. 75639   Claim of Ruben Rocha
 
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. 75655   Discussion, consideration and possible action regarding response to public health emergency
 
D. 75693   Cause No. D-1-GN-20-002525; Marek Brothers Systems Inv. v Ken Paxton, et al
 
E. 75626   EEOC Charge No. 31-C-2020-00233 R.M. v. County of Hidalgo
 
F. 75628   EEOC No. 451-2020-02002; A.B., III v Co
 
G. 75696   EEOC No. 451-2019-04078; S.P.O. v Co.
 
H. 75620   Claim of Jorge Alejandro Gonzalez Zuniga
 
I. 75635   Claim of Joel Gutierrez, Jr.
 
J. 75637   Claim of Maria Meza Malerva
 
K. 75640   Claim of Ruben Rocha
 
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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