AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
November 10, 2020
10:00 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

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

To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.

             
1. Roll Call
 
2. Pledge of Allegiance
 
3. Prayer
 
4. Approval of Consent Agenda
 
5. Open Forum
 
6. County Judge's Office:
 
A. AI-78162    Approval of Proclamation honoring Veterans on Veterans' Day
 
B. AI-78218    Discussion, consideration and action on the Texas Enterprise Zone Program Mandatory Annual report form and authority for Laura Matamoros, County designee, to sign all related documents.
 
7. AI-78230    Executive Office:
Presentation of Fees and Fines Report for the period of January 1, 2020 through September 30, 2020
 
8. District Attorney's Office:
 
A. AI-78214    Requesting acceptance and approval of purchase of challenge coins for employee recognition for years of service with the Hidalgo County District Attorney's Office.
 
B. AI-78201    Discussion, consideration and action acknowledging the Memorandum of Understanding between the Hidalgo County Criminal District Attorney's Office and the Young Heart's Matter Campaign and BCFS Health & Human Services. 
 
C. AI-78189    DA - Domestic Violence Specialty Prosecutor (DVSP) Grant (1281):
Approval to submit a Domestic Violence Specialty Prosecutor (DVSP) Grant #2931306 budget adjustment to the Office of the Governor (OOG).
 
9. Forensic Center:
 
A. AI-78239    Approval to set fee schedule for Administrative fees for the Hidalgo County Forensic Center.
 
10. Sheriff's Office:
 
A. AI-78137    Operation Stonegarden FY 2019 (1284):
1. Authorization to request a grant adjustment for a 6 month extension for Sheriff's Office FY 2019 Operation Stonegarden (Grant #3172205), Hidalgo Co Constable PCT 1 (Grant #3174705), Hidalgo Co Constable PCT 2 (Grant # 3174805), Hidalgo Co Constable PCT 3 (Grant #3174905) and Hidalgo Co Constable PCT 4 (Grant #3175005) with authority for Co. Judge to certify adjustment on eGrants.
 
B. AI-78135    FY 2020 JAG Program (1282):
1. Approval to accept the FY 2020 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 $38,113.00 for the period of October 1, 2019 to September 30, 2023.
2. Approval of Certification of Revenues as certified by the County Auditor for the FY 2020 JAG Grant in the amount of $38,113.00 and appropriation of same.
 
C. AI-78181    Requesting approval of payment for the following invoice as submitted by L&G Consulting Engineers, Inc. for geotechnical engineering services of a bus barn for Hidalgo County Sheriff's Office, through the current Agreement Contract# C-18-228-10-09 Work Authorization No. 3 (PO# 821942). 
Invoice Date Invoice # Amount PO #
10/27/2020 20-10-000002 $2,117.97 821942
 
D. AI-78128    Sheriff - Law Enforcement Terrorism Prevention Activities (LETPA) Grant (1284):
1. Authorization and approval to accept the FY 2020 grant award from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) for the period of Sept. 1, 2020 to Aug. 31, 2021 in the amount of $10,000.00.
2. Approval of Certification of Revenues, as certified by the County Auditor, for the FY 2020 Law Enforcement Terrorism Prevention Activities (LETPA) Grant in the amount of $10,000.00 and appropriation of same.
 
11. Constable Pct. #3:
 
A. AI-78124    Constable Pct. 3 - 2020
Discussion, consideration, and approval to appoint Amadeo Garza, Jr., as Deputy Constable, by Lazaro Gallardo, Jr. Constable Pct. 3, in accordance  to the Texas Local Government Code Section 86.011.
 
12. 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. AI-78217    Community Service Agency (3300):
Approval of the following personnel actions effective next full pay period, 11/23/2020:
Action Dept./Prg. Slot # Position Title Salary
Delete 901-033 0003 Accountant IV $57,103.00
Create 901-033 0073 Division Manager II, Grants Accounting $66,604.00
 
 
13. Urban County:
 
A. AI-78127    1.  Hold a Public Hearing to consider public comments for Hidalgo County Urban County Program's 2019 Consolidated Annual Performance and Evaluation Report (CAPER) prior to submission to the U.S. Department of Housing and Urban Development.

2.  Request for authorization to submit the 2019 Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development.
 
B. AI-78129    The Urban County Program requests approval of the Emergency Solutions Grant Program Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 33 (2020) retroactively effective September 1, 2020 to December 31, 2021.  (See attached Agreement)
  •  Catholic Charities of the Rio Grande Valley
  •  Women Together Foundation, Inc.
  •  The Salvation Army of McAllen-Hidalgo County
 
C. AI-78148    “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, the lowest responsible bidder in the amount of $500.000.00 utilizing UCP funds from Fiscal Years 30 - 33 (2017- 2020) Peñitas Street Improvement Funds.
 
D. AI-78146    “Subject to compliance with HB 1295” the Urban County Program is requesting approval of a best and final negotiated contract for professional services with Javier Hinojosa Engineering in the amount of $99,515.00 utilizing CDBG FY 31 & 32 (2018 & 2019) Hidalgo Flood Drainage Improvements Funding and approval of Work Authorization No. 1.
 
E. AI-78159    “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 SAM Engineering and Surveying in the amount of $29,795.00 utilizing CDBG FY 33 (2020) City of San Juan Street Improvements Funds and approval of Work Authorization No. 1.
 
14. Precinct #3 - Comm. Flores:
 
A. AI-78185    Discussion, consideration and action authorizing Hidalgo County to transfer Liberty Blvd. Project (Project Limits -From US 83 to Mile 3; CSJ: #0921-02-194) from Hidalgo County to City of Penitas. This includes, but is not limited to, transferring Advance Funding Agreement(s), and any other documentation from Hidalgo County to City of Penitas. Request will be submitted to the Rio Grande Valley Metropolitan Planning Organization (RGV-MPO) and to Texas Department of Transportation (TXDOT).
 
15. Precinct #4 - Comm. Torres:
 
A. AI-78191   

Pursuant to Texas Local Government Code Section 157.903, requesting approval of indemnification in the amount of $25.00 for a shortage of ($25.00 on July 2019) and for unaccounted fees for permit #69149.

 
B. AI-77975   

1. Requesting authorization and approval to apply for water services with North Alamo Water Supply for location of ongoing roadway improvements at [La Quinta Lane North of Curry Road (about 20 ft. from fire hydrant)] within Precinct 4.  

2. Approval of payment to North Alamo Water Supply in the amount of $ 600.00 for the utility deposit and connection fee to set up water meter for location of ongoing roadway improvements at [La Quinta Lane North of Curry Road (about 20 ft. from fire hydrant)] within Precinct 4, with authority for the County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor.

 
16. Budget & Management:
 
A. AI-78187    Domestic Relations Office (1100): 
Approval of salary schedule changes in accordance with the Hidalgo County Classification and Compensation Pay Plan effective 11/09/2020 and in the calendar year 2021.
FROM TO
Action Dept/Prg Slot Position Title G/S Budgeted Salary G/S Proposed Salary
Discretionary Step 125-029 0002 Director, Domestic Relations Office 20/01 $87,550.00 20/02 $90,614.00
 
B. AI-78170   
CARES Act Relief Funds (1287):
Discussion, consideration, and action to approve the ratification of necessary CARES Act Relief Fund expenditures, as listed on Exhibit A, to cover costs not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation in connection with the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use.
 
C. AI-78131    TJJD-A Basic DS (1294) / Juvenile DIR Supervision (1100):
Approval of the following salary schedule changes, effective 10/12/2020, and in the calendar year 2021: 
Action Dept./Prg Slot Position Title Current Grade & Step/Allowance Proposed Grade & Step/Allowance
Create Allowance Slot to Provide Longevity 330-010 7108 Probation Officer G10S02 G10S02
330-001 7152 $0.00 $300.00
 
D. Budget Appropriations:
 
1. AI-78229    Justice Court Tech Fund (1242):
Approval of 2020 appropriation of funds for the Justice Court Tech Fund (1242) unassigned fund balance in the amount of $370,838.95 to fund purchase and installation services of laptops for Constable patrol vehicles.
 
2. AI-78126    Pct. 3 Road & Bridge (1200):
1. Approval of certification of revenues, as certified by the County Auditor, for funds received by the City of Alton in relation to the Interlocal Agreement approved by Commissioners Court on October 20, 2020 for the overlay of various road sections in the amount of $144,062.32 and appropriation of same.
 
3. AI-78134    CARES Act Relief Fund (1287):
Approval of certification of revenues as certified by the County Auditor for revenues received from interest earnings for the CARES Act Relief Fund (1287) in the amount of $63,272.81 and appropriation of the same.
 
4. AI-78130    County Clerk Records Management (1237):
Approval of 2020 appropriation of funds from the Co. Clerk Records Management Fund (1237) Unassigned Fund Balance in the amount of $200,000.00 to fund records management & document imaging services rendered by Kofile Systems, Inc.
 
17.
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-78192   
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 [COVID-19 for Production of  eight (8) Video Public Service Announcements in order to assist with County functions to facilitate compliance with public health measures addressing the ongoing COVID-19 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 form competitive bidding requirements under the Texas Local Government Code, Section 262.024 (a)(1) an item that must be purchased in case of public calamity, (2) an item necessary to preserve and protect the public health and safety of the citizens;

C. Presentation for acceptance and approval of  "Second Amendment" to current Consulting Contract C-20-122-04-07 between Hidalgo County and Absolute Business Consulting Group" to reflect additional services to contract.
 
2. AI-78200   
A. Presentation by Margaret Somereve and/or Bill Starns for CC action on a "Resolution of Hidalgo County Texas Adopting TCAP'S Professional Services Agreement and GEXA Energy's Commercial Electric Service Agreement for Poer to Provided On and After January 1, 2023" [including the Strategic Hedging Program procurement approach];

B.  Requesting authority to release a Request for Information[an RFI] for: Indicative Pricing for Electric Energy for Hidalgo County effective 01-01-23 to interested vendors;
 
C.  Approval of the following documents [reviewed and approved as to form by HC/DA/CIviil Section with authority for Purchasing Director, Martha L. Salazar or Ms. Dina Trevino, Asst. Purchasing Drector to sign same:
     1.  Letter of Authorization [to be issued to vendor(s) requesting RFIs];
     2.  Letter of Designation by HC [to be issued to vendor(s) requesting RFIs]; 
 
B. Pct. 1
 
1. AI-78231   
Authority to advertise and approval of procurement packet[specifications/requirements, legal notice, draft requirement agreement, etc.] as attached hereto for: Hidalgo County [all funding sources] for the project titled:
"Hauling Services for all Road Materials"-RFB No.: 2020-618-12-02-JAG, including the re-advertisement of project if/when necessary/required.
 
2. AI-78152   
Acceptance and approval to execute AIA Document A133-2009 Guaranteed Maximum Price Amendment No. 1 between Hidalgo County and contractor, E-Con Group, LLC. for the "Sunset Park Operations Facility - Pct.1" Project through Contract No. C-18-181A-03-26, in the amount of $1,663,131.00 with authority to issue a Notice to Proceed [NTP], subject to compliance with 1295 Form and counsel's final review/approval as to legal form.
 
C. Pct. 3
 
1. AI-78209   
If applicable, pursuant to Hidalgo County's Exiting Elected Official Expenditure Policy 3.1 (1), requesting  approval to proceed with Motor Pool Facility Concrete Paving Improvements through vendor Regional Concrete in the amount of $36,480 [secured through quote protocol..
 
D. Pct. 4
 
1. AI-78216   
A. Authority to purchase the heavy equipment detailed herein through the HC membership/participation in BuyBoard Purchasing Cooperative awarded vendor Doggett Heavy Machinery under Contract #597-19 New Dynapac CP1200W Pneumatic Tire Roller in the amount of $87,751.00. 

B. Authority to purchase the heavy equipment detailed herein through the HC membership/participation in Sourcewell Purchasing Cooperative awarded vendor Doggett Heavy Machinery under Contract #032119-JDC: New John Deere C310SL Backhoe Loader in the amount of $90,000.00 
 
2. AI-78125   
A. Recommendation by project engineer [w/concurrence from project architect] for approval  to cease negotiations with the number one ranked contractor (Celso Gonzalez Construction) in connection with the Request for Competitive Sealed Proposals [RFCSP] titled:- Design & Construction of New Mechanic's Shop;

B. Requesting authority for the Purchasing Department and lead professionals to commence negotiations with the second-ranked firm of NM Contracting for the same project..
 
E. IT Department
 
1. AI-78203   
HC-IT Dept. is requesting approval to purchase equipment through Netsync Network Solutions (Cisco Network Hardware) under DIR Contract (DIR-TSO-4167) in the amount of $86,414.70, and Netsync Network Solutions (Cables) under DIR Contract (DIR-CPO-4430) in the amount of $1,734.40, both requests are under requisition #423439. 
 
2. AI-78149   
Approval to lease (73) new laptops, purchase mounting hardware for Constable’s patrol vehicles, and installation services through the County's membership/participation with Contract DIR-TSO-3763 with Dell Marketing, L.P. for the Information Technology Department. Leased laptops at $4,372.21/month for 36 months, mounting hardware in the amount of $115,708.34, and installation services at $59,981.03.
 
F. Sheriff's Office
 
1. AI-78094   
A. Approval of exemption from competitive bidding requirements under Texas Local Government Code, Chapter/Section 262-024 (a)(4), a professional service;
B. Pursuant to Government Code 2254 [demonstrated competence] acceptance and approval of negotiated contract, C-20-363-11-10, with John Lung, MD for the provision of "Physician Services for Inmates" for the Hidalgo County Sheriff's Office Adult Detention Center.
 
18. 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
 
19. 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
 
20. Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following:
 
A. Real Estate Acquisition
 
B. Private consultation and advice of counsel concerning pending, potential and/or contemplated litigation, settlement offers, and/or legal matters subject to the attorney-client priviledge under the authority of the Open Meetings Act Section 551.071, Government Code.
 
C. Consultation with Legal Counsel regarding Legal Action due to emergency situation
 
D. AI-78171    Cause #C-2525-17-I; Jose Pablo Luna vs. Hidalgo County, Texas
 
21.
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)
 
22. Open Session:
 
A. Real Estate Acquisition and appropriation for same
 
B. Pending and/or potential litigation
 
C. Discussion, consideration and possible action regarding response to public health emergency
 
D. AI-78172    Cause #C-2525-17-I; Jose Pablo Luna vs. Hidalgo County, Texas
 
23. Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
24. Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
25. Adjourn