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AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
June 9, 2020
2:15 P.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. 75868   Discussion, consideration and approval to appoint Martin Rodriguez, 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.
 
B. 75835   Requesting authorization for the County Judge as Chief Executive Officer and Sheriff J.E. "Eddie" Guerra as Head of Department to sign the CEO Law Enforcement Certifications and Assurances Form for participation in all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security (DHS).
 
C. 75830   Sheriff's Office:
1. Approval to accept K9 "Baku" from K9s4COPS.
2. Approval and authorization for County Judge, as authorized official, to sign terms and conditions agreement and any other required documents.
 
D. 75777   Pursuant to Hidalgo County Cellular Telephone Policy (DIR-TSO-3432),presentation for consideration, acceptance and approval of Cellular Phone Request form (Unlimited Data no Throttle Cards) for the following:
Approval for requisition #415308 for 136 Unlimited Data no Throttle Cards @ $30.00 per device.
 
7.   Veterans Service Office:
 
A. 75879   Discussion regarding Celebration of National Women's Veterans Day - June 12th
 
8.   Constable Pct. #1:
 
A. 75869   Discussion, consideration, and approval to appoint Rene Rosas and Omar Moreno as Reserve Deputy Constables by Constable Celestino Avila, Jr., Constable Pct. 1 in accordance with Texas Local Government Code Section 86.011.
 
9.   Auditor's Office:
 
A. 75883   1. Approval of Certification of Revenues as certified by the County Auditor for various TxDOT projects.
2. Approval of 2019 appropriation of funds for various TxDOT projects in the total amount of $514,727.85.
 
10.   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. 75817   WIC ADM (1292):
Approval of the following personnel actions, effective next full pay period 06/22/2020:
Action Dept./ Prg. Slot # Current Position Title Current Grade Proposed Position Title Proposed Grade
Title Change 350-001 0037 Licensed Vocational Nurse II 11 Registered Nurse I 11
 
C. 75795   Health Department - H.D. ADM (1293):
Approval to extend the following temporary full-time position for 26 weeks beginning 07/01/2020 and ending 12/31/2020:
Action Dept./ Prg. Slot # Position Title Grade
Extend Temporary Full-Time Position 340-005 T004 Clerk I 01
 
11.   Urban County:
 
A. 75813   “Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with Longhorn Services, Inc., the lowest responsible bidder in the amount of $88,059.00 utilizing UCP funds from Fiscal Years 31 (2018) Elsa Street Improvement Funds,
 
B. 75812   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 La Villa, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Years 31 (2018) La Villa Water and Sewer Improvement funds.
Professional Service Firm Grade Ranked
Raba Kistner Consultants, Inc. 90.33%
Terracon Consultants, Inc. 83.33%
Millennium Engineers, Group 84.67%

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 (2018) La Villa Water and Sewer Improvements project.
 
12.   Health & Human Services Department:
 
A. 75822   Requesting approval to submit grant application and budget to Texas Department of State Health Services in the amount of $358,787.00 for COVID-19 Epidemiological and for County Judge to sign related grant application documents.
 
13.   IT Department:
 
A. 75741   Authorization and approval to change wireless service plans through the County's membership/participation with CONTRACT: DIR-TSO-3415 with VERIZON WIRELESS for the following:
Department: Qty: Description: Previous Service Plan: New Service Plan: MDN:
Emergency Management 6 Change Service Plan Nationwide Unl Mins EMail&Data Unl+MHS N&W/M2M/MSG Unl @ $69.99/ea per month 4G Custom Nationwide Unl Mins + MSG Unl + Email&Data Unl @ $39.99 + $5.00 taxes/fees each per month See attached Wireless Request Forms
 
14.   Elections Administration:
 
A. 75810   1. Discussion, consideration and approval of the following changes to the May 5th approved list of the July 14, 2020 Primary Runoff Election Early Voting polling locations:
Approved on May 5th Changed to
Alton
(Conference Room)
Alton City Hall
509 S. Alton Blvd.
Alton, TX		 Alton
(Room #1)
Alton Recreation Center
349 We. Dawes Ave.
Alton, TX
La Joya
(Municipal Court)
La Joya City Hall
701 E. Exp. 83
La Joya, TX		 La Joya
(Gym)
La Joya Youth Center
604 Salomon Chapa Dr.
La Joya, TX
McAllen
(Main Entrance)
STC Nursing Campus
1101 E. Vermont Ave.
McAllen, TX		 McAllen
(Community Room Building B)
STC Nursing Center
1901 S. McColl Rd.
McAllen, TX
Sullivan
(Main Building)
500 S. Cenizo Dr.
Sullivan City, TX		 Sullivan
(Pavilion)
Sullivan City Pavilion
500 S. Cenizo Dr.
Sullivan City, TX























2. Discussion, consideration and approval of Election updates.
 
15.   Precinct #1 - Comm. Fuentes:
 
A. 75865  
1. Requesting approval to submit a grant application to the National Park Service for the Outdoor Recreation Legacy Partnership Program Grant.

2. Requesting approval for the County Judge to sign all required documents.
 
B. 75875   Requesting approval of Interlocal Cooperation Agreement between the South Texas Independent School District and the County of Hidalgo for student transportation staging area for the 2020-2021 School Year.
 
16.   Precinct #3 - Comm. Flores:
 
A. 75834   1. Requesting approval of an Interlocal Cooperation Agreement (ICA) between the County of Hidalgo and City of Alton, Texas to assist one another in overlaying Inspiration Road between Mile 5 Road and Mile 6 Road North two sections of approximately 500 linear feet and 200 linear feet.

2. In accordance with Section 791.014 of the Texas Government Code, requesting approval of the Interlocal Cooperation Agreement (ICA) agreeing to assist each other with equipment, materials, and manpower to overlay Inspiration Road.
 
B. 75789   TXDOT-Pct 3 Liberty Rd. Project PH II (1315)
Authority for the County Judge to sign TXDOT Form ROW-A-10 Tabulation of Values for all parcels associated with the Pct 3 Liberty Rd. PH II (Mile 3 to FM 2221) ROW CSJ: 0921-02-364 until the completion of this project.
 
C. 75824   Requesting approval to accept counteroffer to purchase a tract of land known as Parcel 43 associated with Veterans Road Blvd. with authority for the County Judge to sign the Administrative Evaluation and Approval Form.
 
17.   Budget & Management:
 
A. 75805   Presentation of the January thru March 2020 Health Insurance Report by Gallagher Benefit Services, Inc.
 
B. 75882   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. 75889  
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 Families First Coronavirus Response Act - Emergency Paid Sick Leave and Expanded Family and Medical Leave, in order to assist with County Payroll 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
2. Approval of interdepartmental transfer.
 
18.  
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. 75885  
A. Discussion, consideration, and action to approve as 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 Testing/Bio-Safety Laboratory, in order to assist with County functions related to medical and public health measures addressing the 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. Requesting exemption from competitive bidding requirement under Tx.LGC, 262.024(a)(4), a professional services;

C. Acceptance and approval of the final negotiated AIA Document B101-2017 Standard Form of Agreement Between Owner and Architect with ERO Architects, in connection with the design and construction of a Testing/Bio-Safety Laboratory subject to legal final review as to form.
 
2. 75870  
A. Discussion, consideration, and action to approve as 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 Testing/Bio-Safety Laboratory, in order to assist with County functions related to medical and public health measures addressing the 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. Requesting exemption from competitive bidding requirement under Tx. LGC, 262.024(a)(4), a professional service;
C. Acceptance and approval to execute the final Construction Management Services agreement (C-20-204-06-09) with B2Z Engineering for the construction of the Hidalgo County Health Department Testing/Bio-Safety Laboratory subject to final legal review; as to form
D. Acceptance and approval of Work Authorization No. 1 (estimated cost of $19,176.75) as submitted by B2Z Engineering to provide Programming, Design, Construction Management, and Oversight of the Testing/Bio-Safety Laboratory.
 
3. 75887  
Approval to rescind action [CC of 6/2/20 R/AI-#75767] of the ranking grid of civil engineering firms including the authority to commence negotiations with the no. 1 ranked firm of SAMES, Inc. for the construction of the Testing/Bio-Safety Laboratory. for the Hidalgo County Health Dept.
 
B.   Pct. 1
 
1. 75884   A. Requesting exemption from competitive bidding requirements, under Tx.LGC, 262.024(a)(4), a professional services;
B. Presentation of the scoring grid of firms nomiated & graded through the County's Pool of pre-qualified Professional Engineering Services - Construction Material and Geotechnical Testing Services for the purpose of ranking by HCCC in connection with "On-Call Construction Material and Geotechnical Testing Services";
Evaluator Raba Kistner Fulcrum Consulting Services Terracon Consultants, Inc.
E-1 96 94 93
E-2 98 96 97
E-3 98 97 95
Total 292 287 285
Rank

C. Requesting authority for Hidalgo County Purchasing Dept. to commence negotiations with the number one ranked firm of _____________________________, for a professional engineering contract for:"On-Call & As Needed" Construction Material and Geotechnical Testing Services" for Pct. #1.
 
C.   Pct. 2
 
1. 75851  
Requesting approval for Hidalgo County Auditor to process and issue check(s) in the amount of $875.00 prior to services being rendered pursuant to Architectural Barriers Administrative Rules 68.80(g) to JRG Access Ability, LLC- Registered Accessibility Specialist-designated by Texas Department of Licensing and Regulation in order to permit the processing of: the Project Filing-Plan Review and Inspection for the "Pct 2 Indoor Sports Complex Renovation Project" for compliance with ABA rule 68.50(a)(c).
 
D.   Pct. 4
 
1. 75804  
Acceptance and approval of Supplemental Agreement No. 1 to Work Authorization No. 1 to revise Exhibit D - Fee Proposal to reflect an increase of $18,614.00 submitted by contracted engineer, B2Z in connection with the Design & Construction of New Mechanical Shop for Precinct 4.
 
E.   Health & Human Services Dept.
 
1. 75867  
A. Discussion, consideration, and action to approve as 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 Remote Temperature Guard and Required Accessories Purchase], 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 Remote Temperature Guards and required accessories through the County's membership/participation with GSA Cooperative awarded vendor, Phonetics, Inc., dba, Sensaphone under Contract # GS-07F-9463S [Expires: 04/30/21] in the amount of $5,928.20.
 
2. 75871  
A. Discussion, consideration, and action to approve as 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 Sanitation Supplies Purchase], 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 from Best Medical Supply the Personal Protection [Sanitizer items] Supplies attached herein, in an estimated amount of $301,378.00.
 
3. 75753  
A) Discussion, consideration, and action to approve as 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 purchase of a Disinfectant System, Refrigerators, Freezer and Decontamination Supplies in order to assist with County medical 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 authority to purchase the following equipment/supplies with a cost of $449,518.72 from awarded coop vendors Aerodave [HGAC] & Grainger [TXMAS] through the County's membership/participation with said cooperative purchasing programs:
Cooperative Contract Number Description Quantity
HGAC EP11-17 Disinfectant Large Machines 10
HGAC EP11-17 Disinfectant Smaller Machines 10
HGAC EP11-17 Decontamination Supplies for Disinfectant Machines Various
TXMAS 18-51V06 Vaccine and Specimen Refrigerators 5
TXMAS 18-51V06 Upright Freezer 1
 
F.   IT Department:
 
1. 75839  
A. Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code 262.024(a)(2)(3) as it is necessary to preserve or protect the public health or safety of the residents of the county; and.unforeseen damage to public property.

B. Requesting authorization to enter into a short term Dedicated Internet Access or Data Transport Service Agreement with SmartCom Telephone for internet services for the Hidalgo County IT Department for a short term [effective upon action and through 12-31-20] in the amount of $3,171.00, subject to final legal review as to form;.

C. Ratification of Purchase Order No. 817221 issued on June 4, 2020 for $3,171.00 [processed due to urgent and necessary circumstances];
 
G.   Co. Wide
 
1. 75723  
Presentation of qualified responsible vendor, UTW Collection Services, submitting the best bid meeting all specifications and/or requirements for: "Tire disposal Services .-Hidalgo County-Bid No.: 2020-091-03-18-ABV.
 
19.   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. 75848  
Discussion and consideration and action to amend the current Hidalgo County Mass Gathering Rules and Regulations authorized under Chapter 751 of Texas Health and Safety Code (the Texas Mass Gathering Act) to limit mass gatherings to 500 persons , and require appropriate county permits and adherence to all county regulations and requirements, during any declared emergency or disaster including the declared public health emergency period related to COVID-19, in accordance with Governor Abbott's Executive Order GA-26, unless superseded by proclamation or future executive order by the Governor.
 
20. 75872   Discussion, consideration and possible action regarding:
a. County response to disaster/health emergency:
1. CARES Act Funds
2. Approval of CARES Act inter-local agreement with sub-recipient municipalities
b. Measures necessary to preserve public health and safety
c. Direction regarding County government operations, including but not limited to essential functions
 
21.   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. 75819   Consultation with Legal Counsel regarding Legal Action due to emergency situation
 
D. 75802   Cause #C-1863-20-E; Nina Trillayes & Jorge Lopez v County of Hidalgo & City of McAllen
 
E. 75852   Claim of Jesus Gonzalez, Jr.
 
22.  
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)
 
23.   Open Session:
 
A.   Real Estate Acquisition and appropriation for same
 
B.   Pending and/or potential litigation
 
C. 75818   Discussion, consideration and possible action regarding response to public health emergency
 
D. 75803   Cause #C-1863-20-E; Nina Trillayes & Jorge Lopez v County of Hidalgo & City of McAllen
 
E. 75854   Claim of Jesus Gonzalez, Jr.
 
24.   Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
25.   Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
26.   Adjourn
 

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