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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - November 17, 2020

BE IT REMEMBERED, that on this 17th day of November 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 ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

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
November 17, 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 video conference.  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 (Audio Reference 12m:25s)

Judge Cortez called the meeting to order at 10:12 A.M.

All members of the court were present during roll call, with the exception of Commissioner Flores.
 
2.
 
Pledge of Allegiance (Audio Reference 12m:45s)

Judge Cortez led in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 13m:03s)

Honorable Hidalgo County Clerk, Arturo Guajardo Jr. offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 13m:52s)

Valde Guerra requested that Consent Agenda items 8.A.1, 8.A.2, 9.A.2, and 9.J be pulled for further discussion.

The court proceeded to approve the remainder of the Consent Agenda, with the exception of Consent Agenda items 8.A.1, 8.A.2, 9.A.2, & 9.J, which were pulled for further discussion.

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 the Consent Agenda, with the exception of Consent Agenda items 8.A.1, 8.A.2, 9.A.2, & 9.J.

Vote: 4 - 0 -Unanimously

The court proceeded to Consent Agenda item 8.A. for further discussion. (Audio Reference 14m:32s)

After the approval and discussion of the Consent Agenda, the court proceeded to item 11.A. (Audio Reference 15m:51s)
 
5.
 
Open Forum (Audio Reference 21m:00s)

There were 15 participants for Open Forum.

Fern McClaugherty came before the court and expressed her concerns on how the county is being operated under the courts administration during the COVID-19 pandemic, as well as the distribution of the taxpayers' monies. Ms. McClaugherty also expressed her concern on agenda items 14.A.1.

Monica De La Cruz-Hernandez, Manuel Pescador, Jr., Jacqueline Baez-Lugo, Nathanel Castilleja, Rey Gonzalez, Adrienne Peña-Garza, John Guerra, Sandra Whitten, and Shelby Powelson came before the court to express their concerns about alleged mail-in ballot fraud that could have affected the results of the 2020 Elections, and requested the courts' intervention.

Marco Lopez yielded his time for Janet Ramos, who asked for the courts' direction as to the proper procedure to request street lights for her colonia.

Rosario Bravo came before the court to express her concern about the lack of internet connection in her region.

Chesley Lordgotham came before the court and expressed his opinion of empowerment, as it pertains to the 2020 Elections.

Edward Kuprel came before the court to express his concerns about possible lockdowns due to the COVID-19 virus.

No action was taken on item 5 - Open Forum
 
6.
 
County Judge's Office:
 
A.
AI-78309
Approval of Resolution for the Certificate of Formation and Bylaws of the Hidalgo County Regional Foreign Trade Zone ("HCRFTZ”) (Audio Reference 1h:02m 20s)

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 6.A.

Vote: 4 - 0 -Unanimously 
 
7.
 
Sheriff's Office:
 
A.
AI-78252
Jail Commissary (2102):
Approval of Certification of Revenues as certified by the County Auditor and appropriation of funds in the amount of $194,701.00. (Audio Reference 1h:03m 03s)

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 7.A.
                                                        
Vote: 4 - 0 – Unanimously
 
8.
 
Urban County:
 
A.
AI-78253
Requesting approval of the First Amendment to the 2018 HOME Community Housing Development Organization (CHDO) Program Agreement between Hidalgo County Urban County Program (UCP) and Proyecto Azteca, Inc. (Audio Reference 1h:03m 56s)

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 8.A.
                                                                              
Vote: 4 - 0 – Unanimously
 
B.
AI-78249
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; (Audio Reference 1h:04m 33s)

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 8.B.1. 
                                                        
 Vote: 4 - 0 – Unanimously
 
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 Hidalgo, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Years 31 & 32 (2018-2019) Hidalgo Flood Drainage funds. (Audio Reference 1h:05m 00s)
 
Professional Service Firm Grade Ranked
Millennium Engineering 97.34%  
L & G Engineering 95%  
Fulcrum, LLC Consulting Services 85.67%  

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 8.B.2, as presented.
                                                        
Vote: 4 - 0 – Unanimously

3.  Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of Millennium Engineering for the provision of Construction Materials Geo-technical Testing Service for an Urban County Program Years 31 & 32 (2018 & 2019) City of Hidalgo Flood Drainage Project. (Audio Reference 1h:05m 54s)

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 8.B.3, with Millennium Engineering. 

Vote: 4 - 0 - Unanimously 
Attachments:
 
9.
 
Community Service Agency:
 
A.
AI-78283
Discussion, consideration, and possible action to accept additional donation in the amount of $200 in gift cards from H-E-B for the use of Operation COVID-19 Shield. (Audio Reference 1h:06m 24s)

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 9.A.
                                                                              
Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI-78294
Discussion, consideration, and possible action to accept amendment to the PY 2020 the Community Service Block Grant (CSBG) Disaster Relief Supplemental Funds Contract #61200003282 from the Texas Department of Housing and Community Affairs, with authorization for Jaime Longoria to electronically sign any and all pertinent documents. (Audio Reference 1h:07m 00s)

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 9.B.
                                                                              
Vote: 4 - 0 – Unanimously
 
C.
AI-78291
Discussion, consideration, and possible action to accept amendment to the PY 2020 the Community Service Block Grant (CSBG) and Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Contract #61200003346 from the Texas Department of Housing and Community Affairs, with authorization for Jaime Longoria to electronically sign any and all pertinent documents. (Audio Reference 1h:07m 39s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 9.C.

Vote: 4 - 0 -Unanimously 
 
D.
AI-78290
Discussion, consideration, and possible action to accept amendment to the PY 2020 the Comprehensive Energy Assistance Program (LIHEAP) Contract #58200003156 from the Texas Department of Housing and Community Affairs, with authorization for Jaime Longoria to electronically sign any and all pertinent documents. (Audio Reference 1h:08m 18s)

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 9.D.

Vote: 4- 0 - Unanimously 
Attachments:
 
E.
AI-78284
Discussion, consideration, and possible action to amend the CSBG Cares Act Services Matrix:
1.) Additional months service to each month category and
2.) Include purchase of equipment necessary for distance education learning. (Audio Reference 1h:08m 55s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on items 9.E.1 & 2.
                                                                              
Vote: 4 - 0 – Unanimously
Attachments:
 
10.
 
Elections Administration:
 
A.
AI-78297
1. Discussion on Election Updates. (Audio Reference 1h:09m 50s)

Yvonne Ramon, with the Elections Department reported to the court a voter turnout comparison by age group of the 2016 General Elections to the 2020 General Elections, as well as upcoming elections, and the process to investigate voter fraud. 

No action was taken on item 10.A.

2. Official canvassing of Elections Results for the November 3, 2020 General Election as per Texas Election Code Section 67.003. (Audio Reference 1h:17m 09s)

Yvonne Ramon, with the Elections Department read the Official canvassing of Elections Results for the November 3, 2020 General Election.

President/ Vice President - Joseph R. Biden/Kamala D Harris - 58.04%
US Senator - Mary MJ Hegar  - 55.83%
US Representative District 15 - Vicente Gonzalez - 59.52%
US Representative District 28 - Henry Cuellar - 64.29%
US Representative District 34 - Filemon B. Vela - 61.53%
Railroad Commissioner - Chrysta Castañeda - 59.69%
Chief Justice Supreme Court - Amy Clark Meachum - 60.25%
Justice Supreme Court Place 6 - Kathy Cheng - 59.77%
Justice Supreme Court Place 7 - Staci Williams - 59.08%
Justice Supreme Court Place 8 - Gisela D Triana - 60.98%
Judge Court of Criminal Appeals Place 3 - Elizabeth Davis Frizell - 61.51%
Judge Court of Criminal Appeals Place 4 - Tina Clinton - 60.50%
Judge Court of Criminal Appeals Place 9 - Brandon Birmingham - 59.60%
State Senator District 20 - Juan Chuy Hinojosa - 64.57%
State Senator District 27 - Eddie Lucio Jr. - 66.42%
State Representative District 35 - Oscar Longoria - 100.0% No opposition
State Representative District 36 - Sergio Muniz Jr. - 100.0% No opposition
State Representative District 39 - Armando Mando Martinez  - 100.0% No opposition
State Representative District 40 - Terry Canales - 100.0% No opposition
State Representative District 41 - Bobby Guerra - 57.87%
Justice 13 Court of Appeals District Place 4  - Migdalia Lopez - 58.99%
Justice 13 Court of Appeals District Place 6 - Nereida Lopez - Singleterry - 63.18%
District Judge 92nd Judicial District - Luis Manuel Singleterry - 100% No opposition
District Judge 93rd Judicial District - Fernando Mancias - 100% No opposition
District Judge 139th Judicial District - J.R. Bobby Flores - 100% No opposition
District Judge 332nd Judicial District - Mario E. Ramirez Jr. - 100% No opposition
District Judge 389th Judicial District - Letty Lopez - 100% No opposition
District Judge 398th Judicial District - Keno Vasquez - 100% No opposition
District Judge 430th Judicial District - Israel Ramon -  100% No opposition
District Judge 449th Judicial District - Renee Rena Rodriguez - Bentacourt - 100% No opposition
District Judge 464th Judicial District - Joe Ramirez - 62.47%
Sheriff - J.E. Eddie Guerra - 68.00%

For the unopposed candidates declared elected:

County Court at Law No. 7 - Sergio Valdez
County Court at Law No. 9 - Patricia Patty O'caña - Olivarez
County Court at Law No. 10 - Armando J Marroquin
County Tax Assesor Collector - Pablo Paul Villareal 
County Commissioner Precinct No.1 - David L. Fuentes
County Commissioner Precinct No.3 - Everado Ever Villareal
Justice of the Peace Precinct No. 1 Place 1 - Gilberto Saenz
Justice of the Peace Precinct No. 2 Place 1 - Robert M Bobby Contreras
Justice of the Peace Precinct No. 3 Place 1 - Sonia Treviño 
Justice of the Peace Precinct No. 4 Place 1 - Charlie Espinoza
Constable Precinct No. 1 - Celestino Avila Jr.
Constable Precinct No. 2 - Martin Marty Cantu
Constable Precinct No. 3 - Larry Gallardo
Constable Precinct No. 4 - A J.R. Gaytan 

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 10.A.2, of the Elections Results as presented.
                                                        
 Vote: 4 - 0 – Unanimously

3. Official canvassing of Elections Results for the South Texas Independent School District November 3, 2020 General Election as per South Texas Independent School District Education Code 11.301 (a) and BBBB (Legal). (Audio Reference 1h:22m 57s)

School Board Trustee, Commissioner Precinct No. 1 South Texas ISD - Ricardo Ochoa - 54.58%
School Board Trustee, Commissioner Precinct No. 3 South Texas ISD - Natividad Nati Sosa - 67.36%

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 the item 10.A.3, of the Elections Results as presented.
                                                        
Vote: 4 - 0 – Unanimously

The court proceeded to item 12.A. (Audio Reference 1h:23m 52s)
 
11.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-78263
Proclamation declaring November as Epilepsy Awareness Month. (Audio Reference 15m:51s)

April and Lily Flowers read the Proclamation declaring November as Epilepsy Awareness Month.

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 11.A.

Vote: 4 - 0 -Unanimously 

The court proceeded back to item 5 - Open Forum (Audio Reference 21m:00s)
Attachments:
 
12.
 
Precinct #4 - Comm. Torres:
 
A.
AI-78264
Approval and acceptance of an Interlocal Cooperation Agreement between Hidalgo County and the Edinburg Consolidated Independent School District for the Avila-Harwell Campuses Safe Walk Community Project off of Carmen Avila Road. (Audio Reference 1h:24m 20s)

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 12.A.

Vote: 4 - 0 - Unanimously 
 
13.
 
Budget & Management:
 
A.
AI-78287
Presentation of the 3rd Qtr. 2020 Health Insurance Report by Gallagher Benefit Services, Inc. (Audio Reference 1h:24m 46s)

Lou Arias, with  Gallagher Benefit Services, Inc, gave an overview of the 3rd Qtr. 2020 Health Insurance Report. Mr. Arias presented the Financial Monitor Report as of September 30, 2020, as well as COVID-19 Updates.

No action was taken on item 13.A.
 
B.
AI-78255
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. (Audio Reference 1h:45m 50s)

Sergio Cruz, with Budget and Management Office, stated that amount for Exhibit A to be $86,353.92.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 13.B.

Vote: 4 - 0 -Unanimously 
Attachments:
 
C.
 
Budget Appropriations:
 
1.
AI-78319
Pct 2 Parks (1100):
Approval of certification of revenues by County Auditor in relation to insurance settlement proceeds and appropriation of funds in to Pct.2 Parks expenditure account in the amount of $8,956.30. (Audio Reference 1h:46m 26s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 13.C.1.

Vote: 4 - 0 -Unanimously
 
2.
AI-78312
CONST 1 CCP59 (1233):
Approval of 2020 appropriation of funds in the amount of $10,000 for Constable Precinct 1 Chapter 59. (Audio Reference 1h:46m 50s)

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 13.C.2.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
3.
AI-78298
DA Check Fraud (1222):
1. Approval of certification of revenues, as certified by the Co. Auditor, in relation to revenues collected under the DA Check Fraud fund in the amount of $24,440.99.
2. Approval of deobligation of funds for the Check Fraud fund in the amount of $34,940.08 to fund deficit fund balance. (Audio Reference 1h:47m 06s)

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 13.C.3. 1 & 2.
                                                                              
Vote: 4 - 0 – Unanimously

The court proceeded to item 14.A.2. (Audio Reference 1h:48m 31s)
 
14.
 
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-78306
A) "Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover costs not accounted for in the current budget and cannot be lawfully funded by line item, allotment, or allocation, for the purchase of Roll-Off and Grapple Trucks, Canisters/Containers and other related accessories or related items/attachments/components, in order to assist with County functions related to medical and public health measures addressing the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, attached herein, finds that such expenditure is reasonable and necessary for the intended use"; (Audio Reference 1h:48m 05s)

After Closed Session, the court took action on item 14.A.1.A

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 14.A.1.A.

Vote: 4 - 0 -Unanimously 

B) Requesting exemption from competitive bidding requirements, pursuant to TxLGC 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:48m 31s) (Audio Reference 2h:03m 30s)

After Closed Session, the court took action on item 14.A.1.B

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 14.A.1.B.

Vote: 4 - 0 -Unanimously 

C) Authority to purchase of (1) Grapple Truck from Big D Tractor Company dba Blue Cat Rentals through the County’s membership/participation with PCA (Purchasing Cooperative of America under contract PCA OD-328-20 in the amount of $269,000.00, subject to compliance with Form 1295 and the HC established and approved Requisition and Purchase Order protocol; (Audio Reference 2h:03m 49s)

After Closed Session, the court took action on item 14.A.1.C.

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 14.A.1.C.

Vote: 4 - 0 – Unanimously
 
D) Discussion and applicable action on the purchase of (9) Roll-Off Trucks through the following cooperative purchasing programs subject to compliance with Form 1295 and the HC established and approved Requisition and Purchase Order protocol. (Audio Reference 2h:04m:21s)

Option 1: Rush Truck Center, (9) 2021 Peterbilt 348s to be delivered by April 2021 (no stock, need to be manufactured) through TASB-Buyboard Contract 601-19 in the amount of $1,310,848.38.

Option 2: Rush Truck Center, (4) 2020 Peterbilt 567s to be delivered by 12/31/2020 & (5) 2021 Peterbilt 567s to be manufactured and delivered within 60 days of PO release, through TASB-Buyboard Contract 601-19 in the amount of $1,665,200.00.

Option 3: Big D Tractor Company dba Blue Cat Rentals, (3) 2020 Mack GU533s ($159,000.00/each) &/or (6) 2021 Peterbilt 348s ($156,000.00/each) to be delivered by 12/31/2020, through PCA (Purchasing Cooperative of America contract PCA OD-328-20 in the amount of $1,413,000.00.

Judge Cortez requested that the record reflect the the date of 12/30/20, and not 12/31/20.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU to choose Opt. 3, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval for Opt. 3 on agenda item 14.A.1.D.

Vote: 4 - 0 -Unanimously 

E) Discussion and applicable action on the purchase of (30) Roll-Off Containers subject to compliance with Form 1295 and the HC established and approved Requisition and Purchase Order protocol. (Audio Reference 2h:06m 15s)

Option 1: Wastequip - through the County’s membership/participation with TASB-Buyboard Contract 599-19, in the amount of $158,658.00 delivery with an estimated delivery of 5 weeks from release of PO;

Option 2: Roll-Offs USA - (28) containers through the County’s membership/participation with TASB-Buyboard Contract 599-19, (2) containers open market, with delivery by 12/31/2020 in the amount of $150,508.00.

Judge Cortez requested that the record reflect the the date of 12/30/20, and not 12/31/20.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU to choose Opt. 2, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval for Opt. 2 on agenda item 14.A.1.E.

Vote: 4 - 0 -Unanimously 

The court proceeded to agenda item 16 (Audio Reference 2h:07m 35s)
 
2.
AI-78269
Presentation of qualified responsible vendor submitting the lowest and responsible bid for the purpose of award and approval of contract for RFB titled: Hidalgo County - "Fire Extinguisher Equipment and Maintenance" through project No. 2020-367-10-28-ABV . (Audio Reference 1h:48m 41s)

Betsy Roque, with the Purchasing Department, stated that the vendor was Patina Fire and Safety.

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 14.A.2.
                                                                              
 Vote: 4 - 0 – Unanimously
 
3.
AI-78175
Requesting authority to exercise the first of three (3), one (1) year extensions as provided in the current ICA, C-19-303-11-26, under the same terms and conditions with the City of Hidalgo for the use of city owned building by HHSD & WIC. (Audio Reference 1h:49m 15s)

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 14.A.3.

Vote: 4 - 0 -Unanimously 
Attachments:
 
B.
 
Pct. 1
 
1.
AI-78259
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 final specifications and drawings. (Audio Reference 1h:49m 48s)

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 14.B.1.
                                                                              
Vote: 4 - 0 – Unanimously
 
C.
 
Pct. 2
 
1.
AI-78272
A.  Acceptance and approval of Work Authorization No. 2 (with an estimated cost of $762,090.95) as submitted by project engineer, L&G Consulting Engineers, to provide an "Environmental Re-evaluation, ROW Acquisition Services, additional Design Survey, ROW mapping, and PS&E (only for a needed outfall for Segment I) for the Pct 2 Nolana Loop Project (from FM 1426 (Raul Longoria) to FM 907 (Alamo Rd)" through Contract# C-17-088-04-05. (Audio Reference 1h:50m 59s)

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 14.C.1.A.

Vote: 4 - 0 - Unanimously 

B. Pursuant to current contract with L&G Engineering (Article 14), a request for approval by engineer to permit the subcontracting of Vickrey & Associates, Inc. and AmaTerra Environmental to provide design survey, ROW Mapping, and Environmental Services in connection with C-17-088-04-05 for the Pct 2 Nolana Loop Project. (Audio Reference 1h:51m 49s)

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 14.C.1.B.
                                                        
Vote: 4 - 0 – Unanimously
 
D.
 
Pct. 4
 
1.
AI-78304
Acceptance and approval of final negotiated AIA Document form form of Agreement A101-2017 betwee Hidalgo County and NM Contracting, LLC [C-20-208-11-17] for the Construction of New Mechanic's Shop in Precinct #4 subject to HC/DA/Civil Section final review and approval as to legal form. (Audio Reference 1h:52m 19s)

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 14.D.1.

Vote: 4 - 0 - Unanimously 
 
E.
 
IT Department
 
1.
AI-78244
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 with establishing a Wi-Fi Project to assist the citizens with distance learning, including technology improvements, as well as improving telework capability; the Court having reviewed the Agenda Item Briefing herein find that such expenditure is reasonable and  necessary for the intended use."; (Audio Reference 1h:52m 59s)

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 14.E.1.A.

Vote: 4 - 0 - Unanimously 

B.Requesting exemption from competitive bidding/procurement requirements under Texas Local Government Code, 262.024 (a)(1) and (2) attached herein; (Audio Reference 1h:53m 53s)

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 14.E.1.B.

Vote: 4 - 0 - Unanimously 

C. Acceptance to adjust the original SOW approved on [08/04/20 under AI-76684] for additional WiFi Equipment, Material and Professional Services with Insight Public Sector, Inc. through our membership/participation with OMNIA contract 4400006644 and approval of quotes [Q11022020MM, Q11102020MM] with authority for County Judge to execute document, if needed. (Audio Reference 1h:54m 15s)

Betsy Roque, with the Purchasing Department stated a correction to agenda item 14.E.1.C. In which Ms. Roque stated an additional quote [Q10282020MM]  was to be noted to the item. 

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 14.E.1.C, with added quote.

Vote: 4 - 0 -Unanimously 
 
 
F.
 
Health & Human Services Dept.
 
1.
AI-75863
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 IT Technology and Data Communications Enhancements Purchases], 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 1h:55m 02s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 14.F.1.A.

Vote: 4 - 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:55m 50s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 14.F.1.B.

Vote: 4 - 0 -Unanimously 

C.  Requesting approval to purchase the following IT Technology and Data Communications Enhancements [in 3 phases] through the County's membership/participation with DIR Cooperative through contract awarded vendor, Insight Public Sector Inc.  Subject to compliance with 1295 Form. (Audio Reference 1h:56m 10s)
 
Phase Cooperative Contract Requisition# Total Amount Notes
1 DIR-TSO-4160
DIR-TSO-4093
DIR-TSO-3691
 
00423146
00423148
00423149
 
$61,477.80
$13,881.50
$29,400.00
$104,759.30
Subject to Final Statement of Work
(REQ#00423149)
2 & 3 DIR-TSO-3691
DIR-TSO-4160

 
00423770
00423893

 
$146,308.05
$61,969.20
$208,277.25
 
Subject to Final Statement of Work
(REQ#00423770)

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 14.F.1.C.

Vote: 4 - 0 - Unanimously 
 
G.
 
Facilities Management
 
1.
AI-78260
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 a line item, allotment or allocation, for the purchase of Turnkey services (hardware, accessories and installation services) for the Countywide Automatic Doors Project headed by Hidalgo County Facilities Management Department, in order to assist with County Public Health functions in mitigating the spread of 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."; and, (Audio Reference 1h:56m 38s)

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 14.G.1.A.
                                                                              
Vote: 4 - 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:57m 26s)

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 14.G.1.B.
                                                                              
Vote: 4 - 0 – Unanimously

C.Requesting approval for the purchase of Turnkey Services (hardware, accessories and installation) for the Countywide Automatic Doors Project through ProSound, Inc. dba Mood in the total amount of $799,900.00, under Requisition#00423870. (Audio Reference 1h:57m 51s)

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 14.G.1.C.
                                                                              
Vote: 4 - 0 – Unanimously
 
H.
 
Sheriff's Office
 
1.
AI-78311
A. Requesting approval of Work Authorization #3 (estimated cost $13,121.94) as submitted by engineer B2Z Engineering to provide preliminary design and construction management for Hidalgo County Sheriff's Office Memorial Wall project located in Precinct 4. (Audio Reference 1h:58m 21s)

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 14.H.1.A.

Vote: 4 - 0 - Unanimously 

B. Pursuant to current agreement provision, B2Z Engineering is requesting authorization to subcontract Chanin Engineering for structural engineering analysis and design of Memorial Wall. (Audio Reference 1h:58m 50s)

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 14.H.1.B.
                                                                              
Vote: 4 - 0 – Unanimously
 
2.
AI-78257
Presentation of sealed quotes received for the purpose of award and approval of the contract to the responsible vendor submitting the lowest and best quote [while meeting all specifications and/or requirements as attached hereto] but in no event to exceed the statutory bid threshold of $50,000 for all Hidalgo County Law Enforcement Agencies "Purchase of Straw/Felt Hats" with Milano Hat Company. (Audio Reference 1h:59m 14s)

Commissioner Fuentes voted NAY on agenda item 14.H.2.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a 3 - 1 vote of approval on item 14.H.2.

Vote: 3 - 1 
 
3.
AI-78248
A. Approval of exemption from competitive bidding requirements under Texas Local Government Code, Chapter/Section 262-024 (a)(4), a professional service; (Audio Reference 2h:00m 18s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 14.H.3.A.

Vote: 4 - 0 -Unanimously 

B. Pursuant to Government Code 2254 [demonstrated competence] acceptance and approval of negotiated contract, C-20-401-11-17, with Ivan G. Melendez, MD for the provision of "Physician Services for Inmates" for the Hidalgo County Sheriff's Office Adult Detention Center. (Audio Reference 2h:00m 46s)

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 14.H.3.B.

Vote: 4 - 0 - Unanimously 
 
15.
 
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 (Audio Reference 2h:01m 24s)

Valde Guerra stated that no action was to be taken on item 15.A.1 & 2.

The court proceeded to item 17 - Closed Session. (Audio Reference 2h:01m 35s)
 
16.
AI-78310
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds 
a.  Memorandum of Understanding (MOU) with the ESD No. 2 (Audio Reference 2h:07m 35s)

Valde Guerra requested approval subject to final legal review.

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 16.A.1.a, subject to final legal review.
                                                        
 Vote: 4 - 0 – Unanimously

b.  Memorandum of Understanding (MOU) with First Responders - Ambulance Companies (Audio Reference 2h:08m 10s)

Valde Guerra requested approval subject to final legal review.

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.A.1.b, subject to final legal review.
                                                        
 Vote: 4 - 0 – Unanimously

B. Measures necessary to preserve public health and safety (Audio Reference 2h:08m 32s)

Valde Guerra stated that no action was to be taken on item 16.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 2h:08m 40s)

Valde Guerra stated that the county will continue to follow CDC guidelines to ensure the safety of all the constituents and county employees conducting business at county facilities during the COVID-19 pandemic.

The court returned to item 19.A. - Open Session. (Audio Reference 2h:09m 07s)
 
17.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following: (Audio Reference 2h:01m 35s)

The court proceeded into Closed Session at 12:02 P.M.

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

Vote: 4 - 0 – Unanimously
 
A.
 
Real Estate Acquisition.

Reference item 19.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 19.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 19.C.
 
D.
AI-78245
Claim of Juan Jose Ramos

Reference item 19.D.
 
18.
 
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

B. Engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)

(Audio Reference 2h:10m 00s)

Valde Guerra stated for the record that no action was to be taken on item 18.A, nor item 18.B.
 
19.
 
Open Session: (Audio Reference 2h:02m:19s)

The court returned from Closed Session at 12:59 P.M.

The court proceeded back to item 14.A.2. (Audio Reference 2h:02m:25s)
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 2h:09m 07s)

Valde Guerra stated that no action was to be taken on item 19.A.

 
B.
 
Pending and/or potential litigation (Audio Reference 2h:09m 18s)

Valde Guerra stated that no action was to be taken on item 19.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 2h:09m 20s)

No action was taken on item 19.C.
 
D.
AI-78246
Claim of Juan Jose Ramos (Audio Reference 2h:09m 29s)

Valde Guerra requested for settlement authority to make an offer in the amount of $2,508.27.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the offer in the amount of $2,508.27 for item 19.D.
                                                                              
Vote: 4 - 0 – Unanimously
 
 
20.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into item 20 - Closed Session.
 
21.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed into item 21 - Open Session.
 
22.
 
Adjourn (Audio Reference 2h:10m:11s)

Judge Cortez adjourned the meeting at 1:08 P.M.

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

Vote: 4- 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 17th day of November, 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 November 17, 2020.
Signed this 18th day of November 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy