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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - June 2, 2020

BE IT REMEMBERED, that on this 2nd day of June A.D., 2020, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
 
HONORABLE RICHARD F. CORTEZ

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
June 2, 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:

 
1.
 
Roll Call (Audio Reference 11m:30s)

Judge Cortez called the meeting to order at 10:02 A.M.

All members of the court were present during the roll call.
 
2.
 
Pledge of Allegiance (Audio Reference 11m:55s)

Judge Cortez led the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 12m:12s)

Judge Cortez offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 13m:47s)

Valde Guerra requested that item 9.C from the Consent Agenda be pulled for further discussion.

The court continued with the approval and discussion of the Consent Agenda.
 
5.
 
Open Forum (Audio Reference 14m:48s)

Open Forum participant, Fern McClaugherty came before the court voicing her concerns on the county's disbursement of taxpayer monies, and the hold on re-opening the county completely. As a public participant, Ms. Fern McClaugherty also expressed her concerns with items 9.B, 14.B, 15.A.6, and 15.C.1.

No action was taken on item 5.
Attachments:
 
6.
 
Sheriff's Office:
 
A.
AI-75707
Sheriff's Office-JLEO-DEA OCDETF (1284): (Audio Reference 18m:23s)
1. Approval to accept the FY 2020 U.S. Department of Justice Organized Crime Drug Enforcement Task Forces (OCDETF) overtime agreement in the amount of $1,573.28 (in reference to Investigation Number SW-TXS-1140).
2. Authorization to pay overtime reimbursable under the grant terms and conditions.
3. Approval of certification of revenues, as certified by the County Auditor, for the FY 2020 OCDETF overtime agreement in the amount of $1,573.28 and appropriation of same.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.A.1,2,&3.

Vote: 5 - 0 – Unanimously
 
7.
 
Constable Pct. #3:
 
A.
AI-75638
Constable Pct. 3 STOP Truancy Program (1285): (Audio Reference 19m:36s)
1. Approval to renew interlocal cooperation agreements between Hidalgo County and Mission CISD and La Joya ISD for the fiscal year 2021 (period of 9-1-2020 to 8-31-2021) in relation to the STOP Truancy Program.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 7.A.1

Vote: 5 - 0 - Unanimously

2. Approval of certification of revenues, as certified by the Co. Auditor, and appropriation of same. (Audio Reference 20m:28s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.A.2.

Vote: 5 - 0 – Unanimously
 
8.
 
Tax Office - Paul Villarreal:
 
A.
AI-75665
Resolution in honor of Norma Linda Ochoa for 40 years of service (Audio Reference 20m:51s)

Paul Villarreal read the resolution and honored Norma Linda Ochoa for her 40 years of service working for Hidalgo County Tax Office.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 8.A.

Vote: 5 - 0 – Unanimously

The court moved to item 10.A.
 
9.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed: (Audio Reference 28m:27s)
1. Civil Service Commission Rules - Section 3.22
2. Hidalgo County Personnel Policy Manual - Section 6.27
3. Budget Amendment Policy - Personnel Related Amendments

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 9.A.1,2,&3.

Vote: 5 - 0 - Unanimously

The court continued to item 9.B.
 
B.
AI-75615
Health Benefits ADM (2201): (Audio Reference 29m:13s)
Approval to extend Temporary Full Time position for 26 weeks beginning 7/1/2020 to 12/31/2020:
Action Dept./Prg. Slot  Position Title Grade
Extend Temporary Full-Time position 115-009 T018 Clerk I 01

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

The Court proceeded to item 11.A.
 
10.
 
Health & Human Services Department:
 
A.
AI-75740
Discussion, consideration and action to reject Provider Relief Funds in the amount of $66.34 and authorize County Judge to e-sign all required and related documents. (Audio Reference 26m:23s)

Before any action was taken, Mr. Olivarez from the Health and Human Services Department requested confirmation from Valde Guerra and Sergio Cruz to reject Provider Relief Funds in the amount of $66.34. In which both colleagues recommended the rejection of the $66.34.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 10.A.

Vote: 5 - 0 – Unanimously

The court continued to item 10.B.
 
B.
AI-75705
Requesting approval to accept the Medicaid Administrative Claiming Grant Contract Amendment HHS000537900092, Amendment No. 1  and for County Judge to e-sign the same.  The purpose of the amendment is to update the Uniform Terms and Conditions, MAC Supplemental Conditions and Contract Affirmations. (Audio Reference 27m:35s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 10.B.

Vote: 5 - 0 – Unanimously

The court returned back to item 9.A. 
 
11.
 
Community Service Agency:
 
A.
AI-75755
Discussion, consideration, and action accepting the Notice of Grant Award Contract #20SRWTX026 from the Corporation for National and Community Service (CNCS) for our Senior Volunteer Program, with authorization for Jaime Longoria to electronically sign any and all pertinent documents. (Audio Reference 29m:52s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 11.A.

Vote: 5 - 0 – Unanimously

The court continued to item 12.A.
Attachments:
 
12.
 
Head Start Program:
 
A.
AI-75599
Discussion and action approving the Hidalgo County Head Start Program Self-Assessment Results (Audio Reference 30m:32s)

Executive Director of the Head Start Program Teresa Flores, reported that there were no "non-compliance" reports, and recommendations were given to areas where the department would like to improve the quality of services. 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 12.A.

Vote: 5 - 0 - Unanimously
 
B.
AI-75600
Discussion/approval for Hidalgo County Head Start Program to Exercise Option to Extend the Lease Agreement for an Additional Two (2) Year Term (under same terms and conditions) with Raybec Herencia, LLC for La Herencia Head Start Program Facility (Audio Reference 31m:28s)

On motion by COMMISSIONER PCT. 2, EDUARDO "EDDIE" CANTU, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 12.B.

 Vote: 5 - 0 - Unanimously

Commissioner Fuentes requested that the Head Start Program submit in writing the action plan as to how the program would be operating if and when the children return to the classrooms in August 2020.

The court continued to item 13.A.
 
13.
 
WIC:
 
A.
AI-75722
WIC ADMIN - Prog 001 (1292): (Audio Reference 35m:10s)
Approval for County Judge to e-sign the HHSC Contract No. 2017-049851-001 Signature Page for Amendment No. 6. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 13.A.

 Vote: 5 - 0 - Unanimously

The court continued to item 14.A.
 
14.
 
Budget & Management:
 
A.
AI-75717
Presentation of 2021 Budget Process Calendar and Development Criteria. (Audio Reference 35m:41s)

Sergio Cruz from the Budget and Management Department, presented before the court  the budget process calendar and development criteria for fiscal year 2021. He further stated that the department will be opening the budget application program for departmental submittals beginning Monday, June 8, 2020. Mr. Cruz further stated that the budget workshops should commence in the beginning of July 2020, leading up to the adoption on September 29,2020. Lastly, Mr. Cruz stated that the department will have recommendations for the board, such as implementing the Step Increase Plan for employees, to limit new positions to only those that are absolutely necessary, maintain the 90 day hiring freeze for the general fund to maintain the operating budgets at the current level, review different opportunities on how to generate new revenue, review  different programs that could be eliminated or reduced, and propose fee adjustments.

No action was taken on item 14.A.

The court continued to item 14.B.
 
B.
AI-75779
Consideration and approval of a resolution designating the County Judge of the County of Hidalgo as authorized representative of the County of Hidalgo to give notice of intent to reimburse expenditures with proceeds of tax exempt obligations. (Audio Reference 38m:27s)

Sergio Cruz requested that the court take into consideration to provide notice as well to increase the reimbursement resolution by an additional $1.2M for construction of additional facilities for county personnel.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 14.B.

 Vote: 5 - 0 - Unanimously

The court proceeded to item 18 - Closed Session. 
 
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.
AI-75776
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 Clinics, 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. (Audio Reference 43m:31s)

Commissioner Flores stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.A.1.A.
                                                                              
 Vote: 4 - 0 – Unanimously

 
B. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Section 262.024 (a)(4) professional service; (Audio Reference 44m:36s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.A.1.B.
                                                                              
 Vote: 4 - 0 – Unanimously

C. Presentation of scoring grid of the firms graded & evaluated by the Evaluation Committee for the MEP Engineering Services on the installation of generators for six (6) Health Department Clinics. (Audio Reference 44m:51s)

Martha Salazar, with the Purchasing Department stated a typographical error, in which the item should read "installation of generators for four (4) Health Department Clinics."

Martha Salazar read the scores; Half & Assoc. 464 pts, Alpha Infrastructure 449 pts., and Ethos 447 pts.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.1.C, and with stated correction above.

Vote: 4 - 0 - Unanimously 

D. Authority for the Purchasing Department to negotiate a MEP Engineering Service Agreement commencing with the NO. 1 ranked firm of Half & Associates. (Audio Reference 45m:35s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 15.A.1.D

Vote: 4 - 0 – Unanimously
Attachments:
 
2.
AI-75775
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 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. (Audio Reference 45m:57s)

Commissioner Flores rejoined the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.A.2.A.
                                                                              
 Vote: 5 - 0 – Unanimously

 
B.  Requesting exemption from competitive bidding requirements under Texas Local Government Code, Section 262.024 (a)(4)professional service;  (Audio Reference 46m:47s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.2.B.

Vote: 5 - 0 - Unanimously 

C. Presentation of scoring grid of the firms graded & evaluated by the Evaluation Committee for the Construction of a Testing/Bio-Safety Laboratory, for the Health Department for Geo Technical and Construction Material Testing Services: (Audio Reference (Audio Reference 47m:04s)

Martha Salazar read the scores; Terracon 464 pts, Millennium 466 pts, and B2Z 481 pts.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.2.C.

Vote: 5 - 0 - Unanimously 

D.  Authority for the Purchasing Department to negotiate a Geo Technical and Construction Material Testing Service Agreement commencing with the No. 1 ranked firm of B2Z. (Audio Reference 47m:47)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.2.D.

Vote: 5 - 0 – Unanimously
 
3.
AI-75771
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 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. (Audio Reference 48m:10s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.3.A.

Vote: 5 - 0 – Unanimously

 
B. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4), a professional service; (Audio Reference 49m:07s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.3.B.

Vote: 5 - 0 - Unanimously 

C. Presentation of scoring grid of the firms graded & evaluated by the Evaluation Committee for the Construction of the Health Department Testing/Bio-Safety Laboratory for Construction Management Services. (Audio Reference 49m:18s)

Martha Salazar read the scores; B2Z 488 pts, Consor 435 pts, and CSJ Group 451 pts.

On motion by COMMISSIONER PCT. 2, EDUARDO "EDDIE CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 

D. Authority for the Purchasing Department to negotiate a construction management service agreement commencing with the NO. 1 ranked firm of B2Z. (Audio Reference 50m:01s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.3.D.

Vote: 5 - 0 - Unanimously 
 
4.
AI-75767
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 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. (Audio Reference 50m:20s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.A.4.A.
                                                                              
 Vote: 5 - 0 – Unanimously

B. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Section 262.024(A)(4)professional service; (Audio Reference 51m:07s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 15.A.4.B

Vote: 5 - 0 – Unanimously

C. Presentation of scoring grid of the firms graded & evaluated by the Evaluation Committee for the Construction of a New Laboratory-Health Department for Professional Civil Engineering Services.  (Audio Reference 51m: 29s)
  GDJ Engineering SAMES, Inc. Javier Hinojosa Engineering
Evaluator 1 98 96 95
Evaluator 2 95 97 94
Evaluator 3 92 93 98
Evaluator 4 99 96 92
Evaluator 5 88 94 84
Total 472 476 463
Ranking      

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 15.A.4.C.

Vote: 5 - 0 – Unanimously

D. Authority for the Purchasing Department to negotiate a professional engineering service agreement commencing with the NO. 1 ranked firm of SAMES, Inc. (Audio Reference 52m:08s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.4.D for civil engineering services.

Vote: 5 - 0 - Unanimously 
 
5.
AI-75758
Acceptance and approval of the negotiated agreement between Hidalgo County and Tetra Tech, Inc. including the Best and Final Offer for RFP No. 2019-238-03-04-HGO - Debris Monitoring & Management. (Audio Reference 52m:30s)

Martha Salazar recommended approval subject to legal counsel's final review.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.5 subject to legal counsel's final review.

Vote: 5 - 0 - Unanimously 
 
6.
AI-75764
A.  Pursuant to R-AI#75594-CC of 05-19-2020 [process to engage real estate agent(s)], presentation of the two (2) responses received [summary grid attached herein] from the nine (9) nominated firms: (Audio Reference 52m:59s)
     1.  Sally Fraustro Guerra, Coldwell Banker Commercial;
     2.  Mary Lou Henry

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.6.A.

Vote: 5 - 0 - Unanimously 
 
B.  Requesting exemption from competitive bidding requirement under Tx.L.G.C. 262.024(a)(4), a professional service; (Audio Reference 53m:45s)

Commissioner Flores stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.A.6.B.
                                                                              
 Vote: 4 - 0 – Unanimously

C.  Authority for the Purchasing Dept. to commence negotiations with the following: (Audio Reference 
     1.  Sally Fraustro Guerra, Coldwell Banker Commercial, and/or
     2. Mary Lou Henry
     for the engagement for the provision of real estate agent services for Hidalgo County with an initial term of a one year term.

Commissioner Flores rejoined the meeting.

The court agreed to a one year term of real estate agent services.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 15.A.6.C, a one year term of real estate agent services.
                                                                              
Vote: 5 - 0 – Unanimously
 
7.
AI-75766
If applicable, pursuant to Hidalgo County's Exiting Elected Official Expenditure Policy (3.1 (1)), requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 4  in an increase amount of $63,885.00 of current contract [C-13-305-10-07] with L&G Consulting Engineers, professional services for, "Mile 3 Project (from FM 2221 to FM 492)"  for Precinct No. 3, to amend Exhibit B and Exhibit D-1. (Audio Reference 55m:03s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.7.

Vote: 5 - 0 – Unanimously
 
8.
AI-75457
A.  Requesting the authority to advertise and approval of procurement packet as attached hereto for Hidalgo County - RFP 2020-180-06-24-YZV - "Online Enrollment & Benefit Administration System" with authority to re-advertise if/when applicable or necessary; (Audio Reference 55m:34s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 15.A.8.

Vote: 5 - 0 – Unanimously

 
B. Pursuant to procurement packet, action for appointment/designation by Commissioner's Court of an evaluating committee [with alternates] to review, score and grade responses received for the Hidalgo County RFP 2020-180-06-24-YZV: (Audio Reference 56m:03s)

Martha Salazar noted that the DBN recommended that Flora Vasquez from the Benefits Department, participate as a grader as well, in which the court preferred that her recommendations are provided to the chiefs' of staff to total an amount of 5 votes only. 
 
 
1. Commissioner Fuentes - David Suarez/ No alternate
2. Commissioner Cantu - Armando Garza/ No alternate
3. Commissioner Flores - Armin Garza/ Alternate Sarah Vela
4. Commissioner Torres - Velinda Reyes/ Alternate Letty Saenz
5. Judge Cortez - Hilda Salinas/ Alternate Isaac Sulemana

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 15.A.8.B

Vote: 5 - 0 -Unanimously
 
B.
 
Pct. 1
 
1.
AI-75732
A. Pursuant to Texas Local Government Code 263.151-263.152, discussion and approval to declare as "surplus" vehicle and equipment as listed on Exhibit "A". (Audio Reference 58m:10s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.B.1.A.

Vote: 5 - 0 - Unanimously 

B. Requesting authority to remove said personal property from the Hidalgo County Precinct 1 inventory list. (Audio Reference 58m:33s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 15.B.1.B.

Vote: 5 - 0 – Unanimously

C. In accordance with Texas Government Code 791.001-791.003 (2)(3) requesting approval of an interlocal cooperation agreement [ILA] between Hidalgo County Precinct 1 and the City of Edcouch, TX  for the mutual benefit and assistance in connection with surplus vehicle and equipment. (Audio Reference 58m:48s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 15.B.1.C.

 Vote: 5 - 0 - Unanimously
 
2.
AI-75761
A.  Acceptance and approval of an Interlocal Cooperation Agreement between the County of Hidalgo and the City of Weslaco for the Northside Sports Complex;

B.  In accordance with Section 791.014 of the Texas Government Code, requesting approval of Northside Sports Complex walking trail  project that is approximately 12 feet in width and is 5,536 feet in length.   (Audio Reference 

 (Audio Reference 59m:15s)

Martha Salazar stated that Precinct 1 requested that no action be taken on item 15.B.2.A & B.
Attachments:
 
C.
 
Health & Human Services Dept.
 
1.
AI-75731
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 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.; (Audio Reference 59m:22s)

Commissioners Flores & Torres stepped away from the meeting.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.C.1.A.

Vote: 3 - 0 -Unanimously 

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. (Audio Reference 1h:00 48s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 15.C.1.B.
                                                        
 Vote: 3 - 0 – Unanimously

C. Requesting approval to purchase the following machinery/equipment through the County's membership/participation with Sourcewell Cooperative under Contract #101816-HCE [expires 12/15/2020] : (Audio Reference 1h:01m 17s)
 
Requisition# Vendor Model Amount
00415539 Lone Star Forklift, Inc. Hyundai
50DA-9
$53,897.00

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 15.C.1.C

Vote: 3 - 0 – Unanimously

Valde Guerra asked what type of fuel would the forklift require, in which Ms. Salazar stated diesel. The court decided to rescind action due to the fact that the forklift was not operated by propane. (Audio Reference 1h:06 32s)

Commissioner Flores rejoined the meeting.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to rescind action taken on item 15.C.1.C.

Vote: 5 - 0 -Unanimously 

No action was taken on item 15.C.1.C.

The court continued to item 16 - Executive Office
 
D.
 
Sheriff's Office
 
1.
AI-75742
A. Requesting approval of First Amendment to Service Contract C-15-098-06-02 to increase inmate per diem daily rate from $54.00 to $59.00 as requested by Geo Group  and approved by Hidalgo County Sheriffs Office; (Audio Reference 1h:01m 41s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 15.D.1.A.
                                                        
 Vote: 3 - 0 – Unanimously

 
B. Authority and approval  to exercise the County's option to extend the fourth (4th) [of ten/1 yr. options possible] under contract #E17-126-05-02 with the Geo Group, Inc. for Placement, Housing, Detention and supervision of Hidalgo County Inmates for Hidalgo County Sheriff's Office under the same terms and conditions. (Audio Reference 1h:02m 10s)

Commissioner Torres rejoined the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 15.D.1.B.
                                                        
 Vote: 4 - 0 – Unanimously
 
2.
AI-75680
Acceptance and approval to execute construction contract [bid awarded - CC 05/12/20 - $ 205,000.00] with Celso Gonzalez Construction for Construction of a bus barn for Hidalgo County Sheriff's Office including authority for Halff and Associates to issue and send formal written Notice to Proceed. Subject to Legals Review. (Audio Reference 01h:02m 32s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.D.2.
                                                                              
 Vote: 4 - 0 – Unanimously
 
E.
 
Co. Wide
 
1.
AI-75543
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 [Remodel and Repair of county-owned Modular Building], 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.; (Audio Reference 01h:03m 04s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.E.1.A.
                                                                              
 Vote: 4 - 0 – Unanimously

B. Requesting exemption from competitive bidding requirements under the Texas Local Government Code Section 262.024 (A) (4) a "professional service"; (Audio Reference 01h:03m 45s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 15.E.1.B.
                                                        
 Vote: 4 - 0 – Unanimously

C. Presentation of scoring grid  (for ranking by CC) of the firms nominated,  scored and graded from the County's approved pool of professional Engineers/Structural for the Remodel and Repair of county-owned Modular Building; (Audio Reference 1h:04m 01s)

Martha Salazar read the scores; Hinojosa Engineering 463 pts, Chanin Engineering 465 pts, and Consor 453 pts.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously 

D. Pursuant to Commissioners Court approval, requesting authority for Purchasing Department to commence negotiations with the number one ranked firm Chanin Engineering for the Remodel and Repair of County-Owned Modular Building. (Audio Reference 1h:04m 41s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 15.E.1.D.
                                                                              
 Vote: 4 - 0 – Unanimously

Valde Guerra requested that the court return back to item 15.C.1.C, in reference to the purchase of the forklift. (Audio Reference 01h:05m 05s)
 
16.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference 1h:06m 53s)
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
2) Emergency situations occurring since last agenda meeting

Valde Guerra stated that no action was to be taken on item 16.A.1 & 2.

The court continued to item 16.B.
 
B.
AI-75652
Title VI Nondiscrimination Plan: (Audio Reference 01h:07m 00s)
Discussion, consideration, and action approving the Hidalgo County Title VI Annual Work Plan & Accomplishment Report for FY2019.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 16.B.
                                                                              
 Vote: 5 - 0 – Unanimously

The court proceeded to item 19
Attachments:
 
17.
AI-75747
Discussion, consideration and possible action regarding: 
a.  County response to disaster/health emergency: (Audio Reference 42m:00s)
     1.  CARES Act Funds

On motion by COMMISSIONER PCT. 1, DAVID FUENTES to modify the previously declared CARES Act Funding for $80.00 for small cities and $110.00 for large cities per capita to be modified to an amount of $132.00 per capita for all cities and county with $18.00 of the $132.00 designated as a contingency made available to the cities and county for any possible unforeseen public health developments, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 17.A.1 to modify prior action regarding the distribution of the CARES Act Funds.

Vote: 5 - 0 – Unanimously 

b.  Measures necessary to preserve public health and safety (Audio Reference 43m:11s)

Valde Guerra stated that no action was to be taken on item 17.B.

c.  Direction regarding County government operations, including but not limited to essential functions (Audio Reference 43m:22s)

Valde Guerra stated that no action was to be taken on item 17.C.

The court proceeded back to item 15.A.
 
 
18.
 
Closed Session: (Audio Reference 39m:35s)
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:

The court proceeded into Closed Session at 10:31 A.M.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.

Vote: 5 - 0 – Unanimously
 
A.
 
Real Estate Acquisition

Reference item 20.A.
 
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.

Reference item 20.B.
 
C.
AI-75748
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 20.C.
 
D.
AI-75712
Claim of Elizabeth Solis

Reference item 20.D.
 
E.
AI-75714
Claim of Constantino Custodio

Reference item 20.E.
 
F.
AI-75728
Claim of Alfredo Flores

Reference item 20.F.
 
19.
 
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)

(Audio Reference 1h:07m 25s)

Valde Guerra stated for the record that no action was to be taken on item 19.A & B.

The court proceeded to item 23 - Adjournment.
 
20.
 
Open Session: (Audio Reference 40m:16s)

The court returned from Closed Session at 11:54 A.M.
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 40m:26s)

Valde Guerra stated that no action was to be taken on item 20.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 40m:38s)

Valde Guerra stated that no action was to be taken on item 20.B.
 
C.
AI-75749
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 40m:42s)

Reference item 17.
 
D.
AI-75713
Claim of Elizabeth Solis (Audio Reference 40m:52s)

Valde Guerra requested for settlement authority to make an offer in the amount of $156.31.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on the settlement amount of $156.31.
                                                                              
 Vote: 5 - 0 – Unanimously
 
E.
AI-75715
Claim of Constantino Custodio (Audio Reference 41m:11s)

Valde Guerra requested for settlement authority to make an offer in the amount of $947.81

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on the settlement amount of $947.81.
                                                                              
 Vote: 5 - 0 – Unanimously
 
F.
AI-75729
Claim of Alfredo Flores (Audio Reference 41m:34s)

Valde Guerra requested for settlement authority to make an offer in the amount of $173.20

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by JUDGE RICHARD CORTEZ, the Court made a UNANIMOUS vote of approval on the settlement amount of $173.20.

Vote: 5 - 0 - Unanimously 

The court proceeded back to item 17.
 
21.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into item 21 - Closed Session.
 
22.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed into item 22 - Open Session.
 
23.
 
Adjourn (Audio Reference 01h:07m 36s)

Judge Cortez adjourned the meeting at 12:21 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 5 - 0 - Unanimously
There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 2nd day of June, 2020

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Carolyn Thornton, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on June 2, 2020.

Signed this 3rd day of June 2020




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Carolyn Thornton, Deputy