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AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
September 8, 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. 77219   Approval of Resolution honoring essential employees that participated in the Summer Food Service Program
 
7.   District Attorney's Office:
 
A. 77206   DA's Title IV-E (1100):
Approval for County Judge to sign the Signature Authority Designation form for the Title IV-E Contract #24738247.
 
8.   HIDTA - Task Force:
 
A. 77269   Requesting approval for County Treasurer to process payment for medical reimbursement in the amount of $105.00/each for Criminal Investigator Michael Perez, TFA Carlos Mireles, and TFA Graciano Gamino after auditing procedures are completed by County Auditor. Investigator Perez, TFA's Mireles and Gamino paid for medical expense as required by the Texas Department of Public Safety for their current assignments.
 
B. 77200   Approval to accept the transfer of One (1) 2016 Southwestern Pneumatic Flatbed Trailer from Department of Homeland Security with value of $19,900.00 to Hidalgo County HIDTA Task Force.
 
9.   Executive Office - Domestic Relations:
 
A. 77095   Requesting permission to access Criminal History Record Information (CHRI) from the Texas Department of Public Safety.
 
10.   Sheriff's Office:
 
A. 77245   Reqesting approval of payment for the following invoice as submitted by Celso Gonzalez Construction for Construction of a bus barn for Hidalgo County Sheriff's Office, through the current Agreement Contract# C-19-267-06-02. (PO# 819948).
Payment Application Amount:
#1 $16,479.90
 
11.   Urban County:
 
A. 77210   “Subject to Compliance with HB 1295”, the Urban County Program is requesting approval to purchase equipment from The PlayWell Group, Inc. for the City of Mercedes Park in the amount of $8,465.08. UCP Fiscal Years 32 (2019) City of Mercedes funds will be utilized.
 
B. 77176   The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 33 (2020) retroactively effective July 1, 2020 to May 31, 2021. (See attached Agreement)
Amigos Del Valle Children’s Advocacy Center Women Together Foundation, Inc
Boys & Girls Club of Pharr Easter Seals RGV Nuestra Clinica del Valle
Boys & Girls Club of Edinburg El Milagro Clinic Open Hands
C.A.M.P. University Food Bank RGV Weslaco Boys & Girls Club
CASA of Hidalgo County HOPE Family Health Center LRGVDC Valley Metro Transportation
RGV Literacy Center Valley AIDS Council of South Texas RGV-Families & Friends of MC


 
C. 77178   Requesting approval of Year 33 (2020) Urban County Program Interlocal Agreements with sixteen (16) participating cities and authorization for Hidalgo County Judge Richard F. Cortez to sign any and all agreements.
 
12.   Health & Human Services Department:
 
A. 77186   Requesting approval of the Certification of Revenue by the County Auditor in the amount of $221,016.55 from the Medicaid Administrative Claiming program for the quarter of October to December 2019 and appropriation of the same.
 
13.   Community Service Agency:
 
A. 77209   1. Public hearing regarding the proposed 2021 CSBG CAP plan and budget.
2. Discussion, consideration, and possible action to recommend approval of the 2021 Community Service Block Grant (CSBG) budget, with authorization for Jaime Longoria to sign any and all pertinent documents.
 
B. 77183   Discussion, consideration, and action to accept the check donation in the amount of $5,000 from TXU Energy, Vistra Corporate Services Company, as Agent for benefit of Hidalgo County Employees for the purchase of Personal Protective Equipment (PPE).
 
14.   Elections Administration:
 
A. 77212  
  1. Discussion on Election Updates.
  2. Discussion, consideration and approval of the November 3, 2020 Presidential Election Early Voting and Election Day polling locations.
  3. Discussion, consideration and approval of the Hidalgo County Party Chairs' Countywide Polling Place Program list of Judges and Alternate Judges.
 
15.   Planning Department:
 
A. 77287   1.) Pct. 3 - Appointment of Member to the Hidalgo County Subdivision Advisory Board & Hidalgo County Board of Building Line Adjustment
 
16.   Precinct #3 - Comm. Flores:
 
A. 77225   Requesting approval for Hidalgo County Auditor to process and issue check in the amount of $1,675.00 prior to services being rendered pursuant to Architectural Barriers Administrative Rules 68.80(g) to Mr. Anthony Covacevich - 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 "Liberty Blvd. (US 83 to Mile 3) Project" for compliance with ABA rule 68.50 (a)(c)
 
B. 77202   Requesting approval to accept counteroffer to purchase a tract of land known as Parcel 34 associated with the Veterans Blvd. project with authority for the County Judge to sign the Administrative Evaluation and Approval Form.
 
17.   Budget & Management:
 
A. 77229   WIC ADM (1292):
Approval of salary schedule changes in accordance with Hidalgo County Classification and Compensation Pay Plan:
FROM TO
Action Dept/Prg Slot Position Title G/S Budgeted Salary Proposed Salary Variance G/S Effective Date
Promotion 350-001 0134 Custodian II 03/04 $26,234.00 $27,152.00 $918.00 03/05 08/31/2020
 
B. 77218  
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. 77204   Title IV-E Child Welfare Services (1100):
Approval for the County Judge to sign Signature Authority Designation Form for Title IV-E Grant Contract #24738252 (October 1, 2020 - September 30, 2021).
 
D.   Budget Appropriations:
 
1. 77214   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 $258,973.22 and appropriation of the same.
 
2. 77188   Pct. 1 Rd. Maint. (1200):
Requesting approval of the Certification of Revenues by the Hidalgo County Auditor in the amount of $201,133.93 from Hidalgo District No. 1 to fund anticipated road expenditures and appropriation of the same.
 
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. 77223  
Presentation of qualified responsible vendor, Municipal Emergency Services Inc. DBA Lawmen Supply submitting the lowest and responsible bid for the purpose of award and approval of contract for RFB titled: Hidalgo County - "Bullet Proof Vest (Soft Body Armor)" through project No. 2020-029-07-29-HAG.
 
2. 77228  
Authority to advertise and approval of procurement packet (i.e., Legal Notice, Specifications, Draft Contract, etc.,) as attached hereto for Hidalgo County for "RFB: 2020-350 - "Custodial Services for Administration Building"" - including the re-advertising if/when applicable/necessary.
 
3. 77185  
 
B.  
Executive Office
 
1. 77222  
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 Advertising Campaign], in order to assist with County functions related to 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. Pursuant to "Restatement" of R/AI#75166 [CC 04-21-2020], exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(a)(1)(2) attached herein;
C. Acceptance and approval of an "invoice"/claim from AIM Media Texas for COVID-19 digital media Public Service Announcements/Ads [mitigating efforts] with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor:
Vendor Invoice # Invoice Date Amount
AIM Media Texas 83007051-0720 07/31/2020 $37,275.00
 
C.   Pct. 3
 
1. 77205  
If applicable, pursuant to Hidalgo County's Exiting Elected Official Expenditure Policy 3.1 (1), requesting approval of Supplemental Agreement No. 2 to C-15-161-11-17 - L & G Consulting Engineers, Inc. d/b/a L & G Engineering for "Veteran Blvd (SH 495)" project to extend the termination date from October 13, 2020, to October 13, 2022, in order to complete the scope of services for this project.
 
2. 77239  
Pursuant to HC adopted/current Exiting Elected Officials Expenditure Policy action on a request to purchase Type D Hot Mix Asphalt from current awarded vendor, Valley Caliche Products in the amount of $161,490.00 through submitted Requisition #420489
with authority to process a Purchase Order.
 
D.   Pct. 4
 
1. 77201  
Requesting approval of Work Authorization No. 2 - Contract C-19-210-09-03 - MEG, Inc. "On-Call Engineering Services" to provide Construction Material Testing for Linn-San Manuel Veteran's Park project - Precinct 4.
 
E.   HIDTA
 
1. 77221  
A. Acceptance and approval to accept the reimbursement Memorandum of Understanding between Hidalgo County and the Hidalgo County HIDTA Task Force for Janitorial Services at the HIDTA building(s).

B. Requesting authority to continue with current MOU under contract C-15-374A-10-27 for Utility Services at the HIDTA building(s) while being occupied by HIDTA at the percentage of reimbursement contained in agreement.
 
F.   Facilities Management
 
1. 77272  
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 purchase of Touch Free/Hands Free Plumbing Fixtures (for Countywide Facilities Upgrades and Retrofit/Improvements Project), in order mitigate the the spread of the virus 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 plumbing fixtures through vendor Morrison Supply Company in the total amount of $470,020.00 subject to compliance with 1295 form.
 
2. 77238  
Acceptance and approval to award the proposal received from Noble Texas Builders, LLC, JOC awarded vendor through the county's membership/participation with TASB/Buyboard Cooperative Purchasing Program Contract #581-19 for the repairs to the Hidalgo County Courthouse Annex III Roof with authority to process a Purchase Order for the submitted Requisition in the amount of $56,945.00 subject to final price verification/reconciliation.
 
G.   Elections Department
 
1. 77199  
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 Hidalgo County in order to assist with County functions and compliance with public health measures related to the ongoing COVID-19 public health emergency. The Court having reviewed the Agenda Item Briefing herein find that such expenditure is reasonable and necessary for the intended use".;

B. Requesting exemption from competitive bidding/procurement requirements under Texas Local Government Code, 262.024 (a)(1) and (2) and (4) 'a personal service'... attached herein;

C. Approval of a personal services Contract No. 2020-485-09-08 with Upper Valley Mailing Services for "Ballot Applications for Voting by Mail for Registered Voters who are 65 Years of Age and Older" subject to final approval as to legal form by HC/DA/Civil Section.
 
2. 77248  
A. "Discussion, consideration, and action to approve a necessary Help America Vote Act, aka, HAVA CARES Act Relief Funds 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 Elections Department to purchase Hart Verity Controllers to assist with the increase in curbside voting of government and of the County's efforts in mitigating the on-going 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 Hart Verity Controllers in the amount of $ 57,983.22 through the County's Membership/participation with TASB-BuyBoard Cooperative under Contract # 622-20[expires 09/30/21] Subject to 1295
 
3. 77203  
Acceptance and approval of an "Amendment" to the training SOE Software, d/b/a SCYTL Agreement [C-20-426-08-25] presented and approved on (AI-76929 on 08/25/2020) between Hidalgo County Elections Department to include additional language of compliance with SAM.gov requirement/registration.
 
H.   Tax Office
 
1. 77257  
Approval of the following agreement with JSJ Security, Inc. dba, Safe Guard Security for Security Alarm Monitoring services with authority for County Judge or Court Member to execute/sign agreement subject to 1295 compliance.
Department Location Requisition Monthly Amount
Hidalgo County Pct. 1 Tax Office 1900 E. Stephens Ave Suite A 420531 $35.00
 
I.   Sheriff's Office
 
1. 77224  
Approval to purchase the removal and Installation of 114 Modems and Antennas for the Hidalgo County Sheriff's Office Patrol Units through our membership/participation with DIR and Buyboard awarded vendors AT&T and DANA Safety Supply, Inc. subject to price verification;
Department Cooperative/Contract Vendor Description Qty Amount
Sheriff's Office Buyboard 603-20 Dana Safety Removal/Installation 114 $100,294.00
Sheriff's Office DIR-TSO-3420 AT&T Antennas & Modems 114 $139,591.86
 
J.   District Attorney
 
1. 77237  
Requesting approval to purchase One (1) 2021 Toyota Rav4 FWD SUV Package with LE Package through awarded vendor, Silsbee Ford, Goodbuy Coop. contract #20-8F000 in the amount of $25,918.25.
 
K.   Co. Wide
 
1. 77282  
Presentation of sole responsible bid received [meeting all specifications and/or requirements] from Pavement Markings, Inc. for the purpose of award and approval of contract document in connection with project titled: Hidalgo County-"Striping/Markings of County Roads, County Parking Lots, & Misc. County Owned Sites" through RFB No. 2020-033-09-02-HAG subject to final review as to legal form by HC/DA/Civil Section & compliance with 1295 Form.
 
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. 77270   Discussion, consideration and action on General, No-Litigation and Signature Identification Certificate of Hidalgo County for Hidalgo County Regional Mobility Authority (HCRMA) Revenue Bonds, Series 2020A and Taxable Series 2020B with authority for County Judge and Executive Officer to sign documents
 
20. 77273   Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds
a. Interlocal Cooperation Agreement with La Joya Independent School District
b. Interlocal Cooperation Agreement with Mcallen Independent School District
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.   Consultation with Legal Counsel regarding Legal Action due to emergency situation
 
D. 77233   CL-20-1720-G; Gilberto Espino et al v City of Elsa & Hidalgo County
 
E. 77258   Cause No. 7:20-cv-00257; Catalina Zuniga Herrera et al v Steven Farias et al
 
F. 77250   Hidalgo County v. Miguel Angel De Leon
 
G. 77252   Hidalgo County v. Desmond Eugene Bolding
 
H. 77254   Hidalgo County v. Deyanira Gonzalez Bautista
 
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.   Discussion, consideration and possible action regarding response to public health emergency
 
D. 77234   CL-20-1720-G; Gilberto Espino et al v City of Elsa & Hidalgo County
 
E. 77259   Cause No. 7:20-cv-00257; Catalina Zuniga Herrera et al v Steven Farias et al
 
F. 77251   Hidalgo County v. Miguel Angel De Leon
 
G. 77253   Hidalgo County v. Desmond Eugene Bolding
 
H. 77255   Hidalgo County v. Deyanira Gonzalez Bautista
 
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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