EL PASO COUNTY
COMMISSIONERS COURT

CARLOS LEON
Commissioner, Pct.1

VINCENT PEREZ
Commissioner, Pct.3

DAVID STOUT
Commissioner, Pct.2

ANDREW R. HAGGERTY
Commissioner, Pct.4

RUBEN JOHN VOGT
County Judge

Commissioners Court Chambers, El Paso County Courthouse 
500 East San Antonio Room 303 El Paso, Texas 79901
Website address: http://www.epcounty.com
View live video webcast: http://epcounty.com/video

Please place all electronic devices on silent mode to reduce disruption of the meeting.


AGENDA
Regular Meeting, September 17, 2018  - 9:30 AM


Strategic Plan Priority

1.OPEN MEETING
2.PLEDGE OF ALLEGIANCE
3.CONSENT AGENDA

NOTICE TO THE PUBLIC

All matters listed under the Consent Agenda will be considered by the Commissioners Court to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items unless members of the Court or persons in the audience request that specific items be moved from the Consent Agenda to the Regular Agenda for discussion prior to the time the Commissioners Court votes on the motion to adopt the Consent Agenda.

All matters listed on the Consent Agenda and Regular Agenda may be discussed in Executive Session at the discretion of the El Paso County Commissioners Court and following verbal announcement, if an appropriate exception to the open meeting requirement of the Texas Open Meetings Act is applicable.

A.Approve and authorize the County Judge to sign an Interlocal Agreement with the City of El Paso for the use of space at three city locations to provide coordinated assessment services as required under the HUD Coordinated Assessment Grant program from date of final signature from the City of El Paso through August 30, 2019.  There is no fiscal impact to the County.  (Contract No. 2018-0604)
Irene G. Valenzuela, Executive Director, Community Services Department (915) 775-2708
B.Approve and authorize the County Judge to sign the Lease Agreement with Xerox and the Addendum To Xerox Lease Terms, in the amount of $105.33 per month for 48 months, for a total of $5,055.84 for a Xerox VersaLink B7035 Black and White Multi-Function System in the County Attorney's Office.  Funding is available in GF-CNTYATTY-RENT/LEASES.  (Contract No. 2018-0564)
Lori Lopez, Office Administrator, County Attorney's Office (915) 546-2050
C.Pursuant to the Texas Local Government Code, Section 115.021, audit and settle all accounts against the County shown on the attached listing and direct the payment of those accounts.
Edward A. Dion, County Auditor, County Auditor's Office (915) 546-2040
D.Approve and authorize the County Judge to sign the Printing Services Agreement with Questmark Information Management, Inc., for voter registration applications in both English and Spanish, from August 8, 2018 through August 7, 2019. Funding is available in SG-ELECH1918-OPERATING EXP. (Contract No. 2018-0443)
Lisa Wise, Elections Administrator, Elections Department (915) 546-2154
E.Approve and authorize the County Judge to sign the Memorandum of Understanding (MOU) OSAR Region 10 with El Paso MHMR, d/b/a Emergence Health Network, for the continuation of the Outreach, Screening, Assessment and Referral Region 10 Program for the referral of youth with substance abuse issues.  The MOU is effective the date it is signed through August 31, 2019. There is no fiscal impact to the County.  (Contract No. 2018-0275)
Roger Martinez, Chief Juvenile Probation Officer, Juvenile Justice Center (915) 849-2500
F.Approve and authorize the County Judge to sign the Interlocal Agreement For Care Management Services Between El Paso County and The El Paso County Juvenile Board, on behalf of the El Paso Juvenile Probation Department, and with the agreement, consent, and participation of the Community Services Department- Behavioral Health Support Services.  The term of this agreement is November 1, 2018 through October 31, 2019, and shall automatically renew for successive one year terms.  There is no fiscal impact to the County.  (Contract No. 2018-0375)
Roger Martinez, Chief Juvenile Probation Officer, Juvenile Justice Center (915) 849-2500
G.Approve and authorize the County Judge to sign the Interlocal Agreement Between El Paso County on behalf of the El Paso County Juvenile Probation Department and the City of El Paso on behalf of the El Paso Municipal Courts to the Texas Juvenile Justice Department, Prevention and Intervention Grants for the 2018-2019 Biennium. This Agreement will be effective from September 1, 2018 through August 31, 2019.  Funding is available in TJJD PREV & INTERV DEMON PROJ 2019 grant. (Contract No. 2018-0472)
Roger Martinez, Chief Juvenile Probation Officer, Juvenile Probation Department (915) 849-2500
H.Pursuant to Texas Local Government Code Section §81.032, authorize the Juvenile Probation Department (JPD) to accept monetary and in-kind donations during Fiscal Year 2019 to fund special events that benefit youth and families receiving services from the Juvenile Probation Department and special employee recognition.  
Roger Martinez, Chief Juvenile Probation Officer, Juvenile Probation Department (915) 849-2545
I.Pursuant to Texas Local Government Code Section §81.032, authorize the Juvenile Probation Department (JPD) to accept monetary and in-kind donations and sponsorship to support activities associated with the 2019 Juvenile Justice Association of Texas (JJAT) conference which will be hosted by JPD from April 28, 2019 through May 1, 2019. The JJAT conference is estimated to bring over 250 juvenile justice professionals from across the State to El Paso.  
Roger Martinez, Chief Juvenile Probation Officer, Juvenile Probation Department (915) 849-2545
J.Approve and authorize the County Judge to sign the Second Renewal of MOU Between El Paso County On Behalf Of Its Medical Examiner and Texas Tech University Health Science Center At El Paso, Paul L. Foster School of Medicine, Southwest Brain Bank research program from October 1, 2018 through September 30, 2019. (Contract No. 2018-0430)
Irene Santiago, Chief of Operations, Office of the Medical Examiner (915) 532-1447
K.

Approve the Certificates of Plat Compliance (under Texas Local Government Code Section 232.028(a), as provided on the attached listing.

Norma R. Palacios, Director, Public Works Department (915) 546-2015
L.Approve and authorize the County Judge to sign the Interlocal Agreement Between El Paso County Texas And Lower Valley Water District For Improvements In The Morning Glory Subdivision for the construction of a first time wastewater system.  Further, authorize the County Judge to sign the required Resolution. County funds are not required.  (Contract No. 2018-0239) 
Norma R. Palacios, Director, Public Works Department (915) 546-2015
M.Approve and authorize the Parks and Recreation Department - Ascarate Golf Course to renew the TORO NSN Standard Tower Renewal Service Agreement and Extended Warranty for remote connection for current irrigation system at the Golf Course in the amount of $6,959 for a three year term.  Funding is available in GF-GOLFCOURSE-OPS EXPENSES-GEN.  (Contract No. 2018-0496)
Norma R. Palacios, Director, Public Works Department (915) 546-2015
N.Approve and authorize the County Judge to sign the Amendment To Owner-Engineer Agreement Amendment No. 2 with Moreno Cardenas Inc. for additional engineering services provided for the Square Dance (Desert Acceptance Subdivision) new wastewater collection system in the amount of $46,880 paid from USDA-RD Grant Funds.  Funds are available in EP-SQDANWAST-PROF SVC-ENGINRNG.  (Contract No. 2018-0512)
Norma R. Palacios, Director, Public Works Department (915) 546-2015
O.Approve and adopt the updated County Right of Way Cut & Entry Regulations to reflect the appropriate effective date of October 1, 2018, as approved by the Commissioners Court on July 30, 2018, Item 8.
Norma R. Palacios, Director, Public Works Director (915) 546-2015
P.Approve and authorize the allocation of 95 square feet of office space located in the Community Center at the Eastside Annex. The new office will be used as a satellite office for the Veterans Assistance staff to provide services.
Norma R. Palacios, Director, Public Works Department (915) 546-2015
Q.Approve and authorize the County Judge to sign the Partial Reduction of Construction Security letter for the subdivision improvements located in Gateway Estates Unit One Replat F.
Norma R. Palacios, Director, Public Works Department (915) 546-2015
R.Approve the acceptance of Emerald Heights Unit One and authorize the filing and recording of the subdivision plat.
Norma R. Palacios, Director, Public Works Department (915) 546-2015
S.Approve and authorize the transfer and removal of surplus assets from the respective departments to the Purchasing Department in compliance with Texas Local Government Code Section 262.011(j).  See attachment.
Debra Carrejo, CPPO, CPPB, Purchasing Agent, El Paso County Purchasing Department (915) 546-2048
T.Pursuant to section 118.131 of the Texas Local Government Code, approve and authorize the County Judge to sign an order setting reasonable fees for Sheriff and Constable services to be effective on January 1, 2019.  (OP-18-0041)
Sheriff Richard Wiles, El Paso County Sheriff's Office (915) 538-2234
4.RESOLUTIONS
A.Approve and adopt a resolution recognizing "NAMI Walks El Paso Day" and "Mental Health Awareness Week,"  in El Paso County, Texas. 
David Stout, Commissioner, Pct. 2 (915) 546-2111
B.Approve and adopt a resolution designating September 16, 2018 as El Paso County American Legion Day.
Vincent M. Perez, Commissioner, Pct. 3 (915) 546-2144
C.Approve and adopt a resolution declaring the week of September 16 through 22, 2018 as "Helen of Troy Week" in El Paso County, Texas.
Ruben J. Vogt, County Judge, Commissioners Court (915) 546-2098
D.Approve and adopt a resolution recognizing Wise Latina International's Annual Summit, and declare Saturday, October 6, 2018 as "Wise Latina Enough is Enough Ya Basta! Stop Sexual Harassment, Assault and Domestic Violence Day" in El Paso County, Texas. 
Ruben J. Vogt, County Judge, Commissioners Court (915) 546-2098
5.PUBLIC COMMENT
JUDICIARY AND CORRECTIONS
6.Discuss and take appropriate action to approve the Pre-Adjudication Interlocal Agreement For the Acceptance, Processing And Housing Of Children Believed To Have Engaged In Delinquent Conduct, on behalf of the El Paso County Juvenile Probation Department, and the Andrews County Juvenile Probation Department for the term beginning July 1, 2018 through August 31, 2019 and shall automatically renew for successive one year terms unless terminated by either party.  Funds will be deposited in GF-JUVDETAIN-DETAINEE-OTHER.  (Contract No. 2018-0490)
Roger Martinez, Chief Juvenile Probation Officer, Juvenile Justice Center (915) 849-2500
7.Discuss and take appropriate action to approve the Post-Adjudication Interlocal Agreement For The Acceptance, Processing And Housing Of Children Believed To Have Engaged In Delinquent Conduct on behalf of the El Paso County Juvenile Probation Department, and the Andrews County Juvenile Probation Department, from July 1, 2018 through August 31, 2019 and shall automatically renew for successive one year terms unless terminated by either party.  Funds will be deposited in GF-JUVDETAIN-DETAINEE-OTHER. (Contract No. 2018-0491)
Roger Martinez, Chief Juvenile Probation Officer, Juvenile Justice Center (915) 849-2500
LITIGATION, JUSTICE, AND LAW ENFORCEMENT
8.Approve and authorize the County Judge to sign the attached Resolution and annual renewal of the Department of Family And Protective Services Grant Contract for 2018-2019 with the Texas Department of Family and Protective Services in the amount of $933,708.53 as the County's Grant Match and a Federal Reimbursement in the amount of $278,863.39. Funding is available in GF-CHLDPRTC-XFER OUT-GRNT MTCH.  (Contract No. 2018-0529)
Marilyn Mungerson, Assistant County Attorney, County Attorney's Office (915) 546-2050
9.Approve and authorize the County Judge to sign the Fixed Price Construction Agreement Between Owner and Contractor with TAO Industries, Inc. d/b/a Hawk Construction for construction of the Levee Road Depression Coupled with Retaining Wall Beneath the Tornillo-Guadalupe International Bridge. Funds in the amount of $361,700 have been encumbered in the 2012 Bond Issuance. Funds are available in CP-CPTGPOE12-CONSTRUCTION.  (Contract No. 2018-0068)
Cygne Nemir, Assistant County Attorney, County Attorney's Office (915) 546-2081
HUMAN RESOURCES
10.Approve and authorize the revision of the County of El Paso's Organization of the Civil Service Commission Policy.
Melissa M. Carrillo, PHR, Chief Human Resources Officer, Human Resources Department (915) 546-2218
11.Approve and authorize the revision of the County of El Paso's Performance Management and Evaluation Policy.
Melissa M. Carrillo, PHR, Chief Human Resources Officer, Human Resources Department (915) 546-2218
12.Approve and authorize the revision of the County of El Paso's Administrative Leave Policy.
Melissa M. Carrillo, PHR, Chief Human Resources Officer, Human Resources Department (915) 546-2218
13.Approve and authorize the County Judge to sign the Liability Insurance Rate Proposal and related documents for FY 2019 which will authorize the County’s Insurance Broker (USI Southwest Inc.) to proceed with obtaining insurance policies based on their Liability Insurance Rate Proposal for Auto, Crime, Property, Special Events General, and Cyber Liability Insurance, in the amount of $325,023 for premiums (+$20,000 USI Annual Agency Fee).  Funding is available in GF-GADM-INS-GEN/PROPERTY. (Contract No. 2018-0552)
Melissa M. Carrillo, PHR, Chief Human Resources Officer, Human Resources Department (915) 546-2218
14.Approve and authorize the deletion of the salary supplement for the HEA Horticulture position ($33,098) to the Agriculture Department (Texas AgriLife), and add one (1) new part-time Office Assistant (G07) position at 29 hours ($22,433), plus an auto allowance ($603) to the same department for a total savings in the amount of $10,062.  Funding is available in GF-AGRICULTURAL-   Salary and Fringe accounts.  
Melissa M. Carrillo, Chief Human Resources Officer (915) 546-2218
PUBLIC WORKS
15.Approve and authorize the County Judge to sign the Resolution and the Interlocal Agreement Engineering Services For Design Of The O.T. Smith Hike and Bike Trail with the Camino Real Regional Mobility Authority, in the amount of $419,094.10.  Funding is available in GF-EPCMP-PROF SVC-GEN.  (Contract No. 2018-0374)
Norma R. Palacios, Director, Public Works Department (915) 546-2015
16.Approve and authorize the County Judge to sign the FY2018 Federal Transit Administration (FTA) Section 5311 – Rural Areas Public Transportation Project Grant Agreement Amendment #1, accepting the additional Vehicle Miles funding award of $1,274,352.  The original grant award amount accepted was $309,543 and the new total grant award with additional funds is $1,583,895.  There is no County match required.  Funds will be deposited in RURAL TRANSPORTATION STATE 2018 grant.  (Contract No. 2018-0562)
Norma R. Palacios, Director, Public Works Department (915) 546-2015
17.Approve and authorize the County Judge to sign the Texas Department of Transportation (TxDOT) Section 5339 Fiscal Year 2019 Project Grant Agreement in the amount of $555,702 to provide capital equipment and continued commuter bus service for Rural El Paso County.  (Contract No. 2018-0570)
Norma R. Palacios, Director, Public Works Department (915)-546-2015
18.Approve and authorize the reallocation of CP07 park funds to be used for other park projects as identified and approved in the County Regional Park Plan. 
Norma R. Palacios, Director, Public Works Department (915) 546-2015
19.Approve and authorize the County Judge to sign the Fixed Price Construction Agreement Between Owner and Contractor between El Paso County and RoofConnect Logistics, Inc., and Empire Roofing in the amount of $263,137 to replace the roof at the Fabens Warehouse.  Funding is available in CIP17-R&B-RENOVATIONS/REPAIRS. (Contract No. 2018-0392)
Norma R. Palacios, Director, Public Works Department (915) 546-2015
20.Approve and authorize the determination of the Public Works Director, pursuant to the County Real Property Donation Policy, to accept the donation of Real Property as follows: 77 TSP 4 SEC 12 T&P ABST 9807 N ½ OF E ½ OF SW ¼ OF SE ¼ OF NW ¼ (2.50 AC).
Norma R. Palacios, Director, Public Works Department (915) 546-2015
21.Approve and accept the revision of Mission Trail Estates, to be named Mission Trail Estates Replat K, pursuant to requirements of the Texas Local Government Code §232.041 (Revision of Plat) and authorize the filing and recording of the subdivision plat.
Norma R. Palacios, Director, Public Works Department (915) 546-2015
PURCHASING
22.Approve the award of RFQ# 18-035, Service of a Licensed Psychologist or Psychological Firm to Provide Psychological Screenings for the County of El Paso to Integrity EAP d.b.a WellConnect of El Paso, TX.   Purchasing approved recommendation on 9/7/2018. Funding is available in GF-HR-PROF SVC-GEN.
Debra Carrejo, Purchasing Agent, Purchasing Department (915) 546-2048
23.Approve the award of RFQ# 18-037 Special Needs Diversionary Program (SNDP) Intensive In-Home Mental Health Services for the Juvenile Probation Department to Pinnacle Social Services, LLC of El Paso, TX.  Purchasing approved recommendation on 9/5/2018. Funding is available in the following FY 19 accounts: GF-JPD-PROF SVC-GEN; PROJ HOPE – JUV MENTAL HEALTH CT 19 Grant (Pending receipt of grant); TJJD SPECIAL NEEDS DIV PROG 2019.
Debra Carrejo, Purchasing Agent, Purchasing Department (915) 546-2048
24.Approve and authorize the Purchasing Agent to solicit proposals for Therapeutic Foster Care Placement Services for the County of El Paso. In accordance with Local Government Code 262.030, the Purchasing Agent has reviewed use of the Request for Proposal (RFP) process. 
Debra Carrejo, CPPO, CPPB, Purchasing Agent, Purchasing Department (915) 546-2048
25.Approve and authorize the Purchasing Agent to solicit proposals for Congregate and Home Delivered Meals for the City-County Nutrition Program. In accordance with Local Government Code 262.030, the Purchasing Agent has reviewed use of the Request for Proposal (RFP) process. 
Debra Carrejo, CPPO, CPPB, Purchasing Agent, Purchasing Department (915) 546-2048
GRANT APPLICATIONS

Approve the submission of County grant applications as listed and described. If awarded, all grant award agreements will be brought back to the Commissioners Court for final acceptance and approval.

26.Approve and authorize the County Parks and Recreation Department to apply for the Texas Parks and Wildlife Outdoor Recreation Urban Grant, to develop County parks and recreation facilities and provide needed all-abilities playgrounds at Ascarate, Gallegos and Risinger Parks, in the amount of $1,000,000 from January 1, 2019 through December 31, 2021 with a 50% cash and in-kind match required. 
Veronica Myers, Director, County Parks Department (915) 771-2380
27.Approve and authorize the Public Works Department to apply for the FY18 Regional Solid Waste Award COG Managed Program in cooperation with the Texas Commission on Environmental Quality, for solid waste grants for the Upper Valley, Westway, Fabens and East Montana from 9/1/2018 through 8/31/2019 in the amount of $28,000 with no County grant match required.  Further, authorize the County Judge to sign the Resolution.  
Norma Rivera Palacios, Deputy Director, Public Works Department (915) 546-2015
BUDGET AND FINANCE
28.Pursuant to Government Code § 61.001 (b), set the juror pay at $6 for each day or fraction of a day while a person is in attendance in Court as a prospective juror but not selected and $40 for each day or fraction of a day if selected for jury duty and sworn in to sit on a jury panel during fiscal year 2019.  
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
29.Approve and authorize the reallocation of excess capital funds from completed projects to the unallocated account balance for the Capital Projects 2007 fund.
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
30.Approve amendment No. 49 to the County of El Paso’s 2017-2018 operating budget.  This budgetary amendment will increase Grants by $294,038.58 thus increasing the County of El Paso’s 2017-2018 overall operating budget of $500,566,705.32 to $500,860,743.90.
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
31.EXECUTIVE SESSION

Only the members of the Commissioners Court have a right to attend an executive session, except that legal counsel must be present if the executive session is held pursuant to Government Code section 551.071. In addition to legal counsel, Commissioners Court may include in executive session certain officers and employees if it finds that (1) their participation is necessary to the matter under consideration; (2) their interests are not adverse to the county, and (3) their presence will not waive the attorney client privilege. Generally, the Chief Administrator, Budget Executive Director, County Clerk's representatives, and County Auditor's Office representatives attend the closed session items based on the enumerated criteria, and certain other persons may attend based on the above-listed criteria or as otherwise provided by law.

A.Discuss findings regarding persons necessary in Executive Session.
County Attorney's Office (915) 546-2050
B.Pursuant to Texas Government Code § 551.072, discuss potential land and property acquisitions adjacent to Casa Ronquillo in the City of San Elizario.
Norma R. Palacios, Director, Public Works Department (915) 546-2015
C.Discuss litigation styled Rosalie Juarez v. Dep. Jaynnie Pizanna, et al; Cause No. EP-17-CV-00368-KC; County Attorney case number 0304-17-LD, pursuant to Texas Government Code Section 551.071.
Kevin McCary, Assistant County Attorney, County Attorney's Office (915) 546-2050
D.Discuss the pending claim regarding Union Pacific Railroad; County Attorney's file number 0183-18-LC, pursuant to Texas Government Code Section 551.071.
Amanda D. Frizzelle, Assistant County Attorney, County Attorney's Office (915) 546-2050
REGULAR SESSION
32.Discuss and take action on the pending claim regarding Union Pacific Railroad; County Attorney's file number 0183-18-LC. 
Amanda D. Frizzelle, Assistant County Attorney, County Attorney's Office (915) 546-2050