December 8, 2020 at 5:30 PM - Rescheduled Regular Meeting

I. Meeting Called to Order.

II. Moment of Silence.

III. Pledge of Allegiance.

IV. Roll Call:

IV.A. Recommend approving the agenda of the Rescheduled Regular Board Meeting of December 8, 2020, with any corrections/deletions.

V. Superintendent's Report:  * SB1566

V.A. Conference Presentations:

V.A.1. Recognition of Teacher Incentive Allotment Cohort A-Group 1 Porter ECHS and Faulk MS.* 

V.A.2. Certificate of Achievement for Excellence in Financial Reporting.

V.A.3. Report on Demographic Study.

Open Public Hearing - Targeted Improvement Plans

V.A.4. Targeted Improvement Plan Presentations and Board Public Hearing for Campuses Rated "D" in a Domain. *
Close Public Hearing - Targeted Improvement Plans

Open Public Hearing - School FIRST (Financial Integrity Rating System of Texas)

V.A.5. Public Hearing - School FIRST (Financial Integrity Rating System of Texas). 
Close Public Hearing - School FIRST (Financial Integrity Rating System of Texas)
 

V.A.6. Presentation from Blue Cross Blue Shield (BCBS) on the BISD Self-Funded year end health plan.

V.A.7. Brownsville Independent School District Financial Report for the period ended November 30, 2020.

V.A.8. Presentation on Schoology Learning Management System Implementation. *

V.A.9. Update on Optional Flexible School Day Program. *

VI. PUBLIC COMMENT:

Persons wanting to address the Board during Public Comment shall before the beginning of the meeting print their names and the subject matter on the sign-in sheet provided at the entrance of the Board Room.  As per Policy BED (Local) all Board Meetings, Public Comment shall be limited to items on the agenda posted with notice of the meeting.  The Board allots 30 minutes for Public Comment. Speakers are allowed a maximum of 3 minutes and a minimum of 1 minute, depending on the number of speakers.  Complaints or grievances on the following subjects; employee complaints, personnel matters, student complaints, removal of alternative education program, complaints against individual board members, and expulsions, shall be directed to the appropriate policy for attempted resolution before bringing the matter before the Board.  The Board President shall determine if the topic shall be redirected to the appropriate policy or redirected to Administration. Comments on issues shall be constructive and courteous.

   The Board may deliberate or take action regarding the following agenda items.

Board policy BE (Local) and Robert's Rules limits debate to two opportunities.  A Trustee may debate a motion for two minutes on the first speaking opportunity and one minute on the second opportunity.
 

VII. Recommend approving the Consent Agenda. The Board has agreed to discuss the following items. All of the items below that are not called out will be approved by consent. 

                                              (All presentations limited to five (5) minutes)

VIII. Consent Agenda:

VIII.A. Recommend approval of the following General Function Item(s):

VIII.A.1. Recommend approval for Region One Project RISE to provide a virtual enhancement incentive for Porter ECHS and Faulk Middle School teachers $1,000, administrators $800, and other Region One approved educators $400; completion of Instructional Technology Educator Academy for educators $750, and Observation Calibration program for administrators $500 for the 2020-2021 academic year.  *

VIII.A.2. Recommend approval of the 2020-2021 Targeted Improvement Plans as required by the Texas Education Code for Canales Elementary, Morningside Elementary, Besteiro Middle School, Lucio Middle School and Stell Middle School, and revised as needed. These Targeted Improvement Plans will serve as guides to District and campus staff for the improvement of student performance to attain state and federal standards. *

VIII.A.3. Recommend approval of the 2020-2021 District Textbook Committee Members.(ELDA)*

VIII.A.4. Recommend approval of the 2020-2021 District Textbook Committee Members. (Pre-K) *

VIII.A.5. Recommend approval to authorize Administration to accept the BISD Food Nutrition & Services Building Roof Repairs Project as Substantially Completed.

VIII.A.6. Recommend approval to revise page 37 of the 2020-2021 Employee Compensation Plan, on Supplemental Duty Pay: "Campus Tutorial/Extended School Year, Curriculum Writing, In-Home Parent Training, In-House Presenters". *

VIII.A.7. Recommend approval to authorize the Administration to accept the New Gymnasium Facility project under CSP #20-110 as substantially complete for Hanna Early College High School. 

VIII.A.8. Recommend approval to authorize the Administration to accept the HVAC & LED Lighting Upgrades project under CSP #20-120 as substantially complete for Rivera Early College High School. 

VIII.A.9. Recommend approval to authorize the Administration to accept the Shredder Ventilating System project under CSP #20-136 as substantially complete for the Records Department. 

VIII.A.10. Recommend approval for School District Teaching Permit for Noncore Academic and Career Technical Education courses in Health Science with Brownsville I.S.D. *

VIII.A.11. Recommend approval of Change Order #001 to the Owner/Contractor Agreement with NM Contracting, LLC for Cummings CTE CV4 MEP Upgrades project representing unused allowances in the amount of $7,870.00. (Credit back to the District) 

VIII.A.12. Recommend approval to award Phase 1 and Phase 2 Quotes #Q20-002/Playground Structures for Elementary Campuses District-Wide from Play and Park Structures of Southern Texas, 15239 Fall Place Drive, San Antonio, TX, 78247 and to purchase playground structures, as turn-key projects, Phase I Title IV Funds (2020/2021): $1,359,107.95; Phase 2 Local Maintenance Fund (2021-2022): $590,916.50 in the amount not to exceed a total of $1,950,024.45.  Acquisition to be processed using the OMNIA/NIPA (Region 4) Cooperative, Resolution #R001/20-21. *

VIII.B. Recommend approval of the following Payment(s):

VIII.B.1. Recommend approval to pay the cooperating Teachers of Students with Visual Impairments the stipend amount of $1,000 with funds received by the district from Region 11 ESC. *

VIII.B.2. Recommend approval for payment in the amount of $ 6,699.79 to O'Hanlon, Demerath & Castillo for legal services for Cause No. 2020-DCL-1255, The State of Texas et. al. v. Dr. Sylvia P. Atkinson et. al; in the 107th Judicial District Court, Cameron County, Texas.

VIII.B.3. Recommend approval for payment in the amount of $ 494.50 to O’Hanlon, Demerath & Castillo for legal services.

VIII.B.4. Recommend approval to pay Cameron Appraisal District the required amount of $941.086.00 for appraisal services rendered.  (Annual Fee)

VIII.B.5. Recommend approval of Payment #1 for $13,136.80 as final payment to Sigma HN Engineers, LLC for Engineering Services work completed on the Cummings CTE - CV4 MEP Upgrades project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.6. Recommend approval of Payment #2 for $8,100.00 as partial payment to Gomez-Mendez-Saenz Architects for Architectural Services work completed at Canales & Garza Elementary Re-Roofing Projects to be paid from Maintenance Tax Note Fund 189.

VIII.B.7. Recommend approval of Payment #2 for a total of $19,700.69 as partial payment to Sigma HN Engineers, PLLC for Engineering Services work completed on the Rivera ECHS HVAC & LED Lighting Upgrades project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.8. Recommend approval of Payment #2 for $33,550.94 as partial payment to Industrial Air Solutions, LLC for Construction Services work completed on the Records Dept - Shredder Ventilating System project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.9. Recommend approval of Payment #2 for $158,639.58 as partial payment to ZIWA Corporation, Inc. for Construction Services work completed on the Lopez ECHS Bus-Drive & Staff Parking Lot project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.10. Recommend approval of Payment #2 for $167,970.45 as partial payment to G & T Paving, LLC for Construction Services work completed on the Vela MS Bus-Drive Improvements project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.11. Recommend approval of Payment #3 for a total of $7,825.00 as partial payment to ROFA Architects, for Architectural Services work completed on the Sam’s Stadium Renovation Improvements project to be paid from Tax Rate Increase Fund 188.

VIII.B.12. Recommend approval of Payment #3 for $9,588.00 as partial payment to Gomez-Mendez-Saenz Architects for Architectural Services work completed at Canales & Garza Elementary Re-Roofing Project to be paid from Maintenance Tax Note Fund 189.

VIII.B.13. Recommend approval of Payment #3 for $22,455.25 as partial payment to Raba Kistner Consultants, Inc. for Architectural Services work completed on the Lopez ECHS Roof Replacement project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.14. Recommend approval of Payment #3 for a total of $91,771.80 as partial payment to Sigma HN Engineers, PLLC for Engineering Services work completed on the Rivera ECHS HVAC & LED Lighting Upgrades project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.15. Recommend approval of Payment #3 for $220,841.75 as partial payment to Scoggins Construction Co., Inc. for Construction Services work completed on the Canopy Improvement Project to be paid from Maintenance Tax Note 189.

VIII.B.16. Recommend approval of Payment #4 for $76.08 as final payment to Ethos Engineering for Engineering Consulting Services work completed on the Design Build LED Lighting Phase I project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.17. Recommend approval of Payment #4 for $478,610.00 as partial payment to Rio Roofing, Inc. for Construction Services work completed on the Lopez ECHS Roof Replacement Phase I project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.18. Recommend approval of Payment #5 for $2,500.00, as partial payment to AMTECH Solutions, Inc. for Engineering Services work completed on the Aquatic Center-Roof Design Consulting Services project to be paid from Maintenance Tax Note Fund 189.

VIII.B.19. Recommend approval of Payment #5 for $9,896.00 as partial payment to Green, Rubiano & Associates, for Engineering Services work completed on the Canopy Repair and Replacements project for Aiken, Canales, Cromack, Del Castillo, El Jardin, and Longoria Elementary Schools to be paid from Maintenance Tax Note Fund 189.

VIII.B.20. Recommend approval of Payment #5 for $15,030.00 as final payment to NM Contracting, LLC for Construction Services work completed on the Cummings CTE CV4 MEP Upgrades project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.21. Recommend approval of Payment #6 for $76,863.63 as final payment to Schneider Electric for Construction Services work completed on the Design-Build LED Lighting Replacement Phase I to be paid from Maintenance Tax Note Fund 189. 

VIII.B.22. Recommend approval of Payment #7 for $33,352.79 as partial payment to RG Enterprises, LLC dba G & G Contractors for Construction Services work completed on the Multi-Campus Canopy Upgrade project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.23. Recommend approval of Payment #7 for $38,000.00 as Partial payment to ZIWA Corporation for Construction Services work completed on the Food Nutrition Services Roof Repair Project to be paid from Maintenance Tax Note Fund 189.

VIII.B.24. Recommend approval of Payment #8 for $17,450.00 as Final Payment to ZIWA Corporation for Construction Services work completed on the Food Nutrition Services Roof Repair Project to be paid from Maintenance Tax Note Fund 189.

VIII.B.25. Recommend approval of Payment #8 for $32,554.62 as partial payment to ARGIO Roofing & Construction, LLC for Construction Services work completed on the Multi-Campus Roof Replacement Phase I project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.26. Recommend approval of Payment #8 for $33,599.60, as Partial payment to ZIWA Corporation for Construction Services work completed on the Veterans ECHS-Visitors Restroom Facilities Project to be paid from Tax Ratification Election Fund 197.

VIII.B.27. Recommend approval of Payment #10 for $138,798.80 as partial payment to Victoria Air Conditioning, LTD, for Construction Services work completed on the Rivera ECHS - HVAC & LED Lighting Upgrade project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.28. Recommend approval of Payment #14 for $302,572.20 as partial payment to Gerlach Builders, LLC dba WIL-CON for Construction Services work completed on the Hanna ECHS New Gymnasium Facility project to be paid from Tax Rate Increase Fund 188. 

VIII.B.29. Recommend approval of Payment #21 for $387.03 as partial payment to Armko Industries, Inc. for Architectural Services work completed on the Multi-Campus Roof Replacement Phase I project to be paid from Maintenance Tax Note Fund 189. 

VIII.B.30. Recommend approval of Payments #22 for a total of $1,009.16 as partial payment to Armko Industries, Inc. for Architectural Services work completed on the Multi-Campus Roof Replacement Phase II project to be paid from Maintenance Tax Note Fund 189. 

VIII.C. Recommend approval of Budget Amendment(s):

VIII.C.1. Recommend approval of Budget Amendment #019 in the amount of $90,000.00 for Fund 101 - Food and Nutrition Services.  (Additional Funding)

VIII.C.2. Recommend approval of Budget Amendment #020 in the amount of $808,541.00 for Fund 167 - Teacher Incentive Allotment. (Carryover Budget) 

VIII.D. Recommend approval of the following Contract(s)/Agreement(s):

VIII.D.1. Recommend approval of the American History and Civics Education Grant Agreement in the amount of $154,624. The recommended grant starts October 1, 2020 and ends on September 30, 2021. Historias Americanas provides funding for additional curriculum writing, student and teacher fieldtrips, teacher workshops that enrich history and civics content, as well as take teachers to historic places around the Rio Grande Valley to promote place-based learning, and cultural pedagogy. *

VIII.D.2. Recommend approval for the Food and Nutrition Services (FNS) Department to enter into a one-year agreement with Dairy Max to implement the agreed upon strategy(s) at no cost to the district.

VIII.D.3. Recommend approval to enter into Agreement with StudentNest Foundation for MACC to provide math support in multiple languages, seven days a week, to AEL participants working to obtain a certificate of high school equivalency (TxCHSE) or increase their math skills.  The period of service will commence on October 15th, 2020 and end on June 30th, 2022.  No cost to the district. *

VIII.D.4. Recommend approval to enter into a 3-year agreement between Brownsville Independent School District and LexisNexis to provide online legal research services in the amount of $6,158.00.

VIII.D.5. Recommend approval for the Administration to continue collaborative service agreements with the Gladys Porter Zoo, Brownsville Historical Association and the Brownsville Museum of Fine Arts in the amount not to exceed $89,480.00 from budgeted Local Maintenance Funds.  (Annual Agreement) *

VIII.D.6. Recommend approval to enter into a contract with McShan Consulting Firm for consultant services for the Superintendent which includes monthly Topical Trainings for the Board of Trustees and Administration beginning January 1, 2021 thru June 30, 2021 at a cost of $12,000.00

VIII.E. Recommend approval of the following Bid(s)/Proposal(s)/Purchase(s)

VIII.E.1. Recommend approval to exercise the option to renew RFQ #20-073 Consulting Services for Indoor Air Quality Sample Collection, Analysis and Reporting for Asbestos Abatement District-wide to several vendors for an additional one (1) year term to expire on December, 2021. (Annual RFQ)

VIII.E.2. Recommend renewal of CSP #20-121 Property, Windstorm, Hail, Boiler and Machinery Insurance to McGriff, Seibels & Williams of Texas for the 2021-2022 plan year for a two (2) year contract with the option to renew for one (1) additional one (1) year term.

VIII.E.3. Recommend approval of CSP #21-121 School Intercom Upgrades District-Wide to Insight Public Sector, McAllen, Texas, in the amount not to exceed $3,210,832.00 to be paid from Tax Rate Increase Fund 188.

IX. CLOSED MEETING:  as pursuant to the Texas Government Code Sections: 551.071, 551.072, 551.074, 551.082, and 551.084.

IX.A. PERSONNEL MATTER(S):

IX.A.1. Presentation, acceptance and approval of Retirements. (18)

IX.A.2. Presentation, acceptance and approval of Resignations. (2)

IX.A.3. Recommend approval of Campus Professional Employee (B.A.) for change in contract and salary for the 2020-2021 Fiscal School Year.

IX.A.4. Recommend approval of Campus Professional Employee (L.G.) for change in contract and salary for the 2020-2021 Fiscal School Year.

IX.A.5. Recommend approval of Campus Professional Employee (A.T.) for change in contract and salary for the 2020-2021 Fiscal School Year.

IX.A.6. Personnel Update with Superintendent (Dr. Rene Gutierrez).

IX.A.7. Legal update with Board Counsel.

IX.A.8. Board Self Evaluation:

IX.A.8.a. Board Member Request - Board Self Evaluation (Board Member Request Drue Brown-Board Support Dr. Prisci Roca Tipton)

• Discussion of the Board Meeting Public Comment Procedures.
• Discussion of the Board Meeting agenda approval process, including the number of Board Members involved in the process,
• Discussion of the process for a Board Member to notify the Board that he/she has a conflict of interest.

IX.B. ATTORNEY CONSULTATION

IX.B.1. Staff Attorney

IX.B.1.a. Discussion, consideration, and possible action regarding Leticia Rodriguez-Bohn v. Brownsville Independent School District.

IX.C. INTERNAL AUDITOR CONSULTATION.

X. BOARD RECONVENES - Board action on agenda items discussed in Executive Session.

XI. Announcement(s):

XII. Adjournment.