May 4, 2021 at 5:30 PM - Regular Board Meeting

I. Meeting Called to Order.

II. Moment of Silence.

III. Pledge of Allegiance.

IV. Roll Call:

V. Recommend approving the agenda of the Regular Board Meeting of Tuesday, May 4, 2021 with any corrections/deletions.

VI. Recommend approving the minutes with any corrections:

VI.A. Rescheduled Regular Board Meeting held Tuesday, January 12, 2021

VI.B. Regular Board Meeting held Tuesday, February 2, 2021

VI.C. Special Called Board Meeting held Monday, February 22, 2021

VI.D. Emergency Called Board Meeting held Monday, February 22, 2021

VI.E. Regular Board Meeting held Tuesday, March 2, 2021

VI.F. Regular Board Meeting held Tuesday, April 6, 2021

VII. Superintendent's Report:  * SB1566

VII.A. Conference Presentations:

VII.A.1. Presentation of National School Nurse Week (May 6-12, 2021) and National School Nurse Day (May 12, 2021).

VII.A.2. Presentation of National Police Week (May 10-14, 2021).

VII.A.3. Presentation of 5th Annual Jason Garcia Scholarship Fund.  (Board Agenda Request Minerva Pena/Board Support Dr. Prisci Roca Tipton)

VII.A.4. Recognition of School Lunch Hero Day.

VII.A.5. Recognition of 2020 FIRST Rating; Superior Performance.

VII.A.6. Presentation on allocation of funds from the Elon Musk Foundation.

VII.A.7. Presentation from Blue Cross Blue Shield & Prime Therapeutics Quarter Report.

VII.A.8. Abbreviated Summer Work Schedule.

VII.A.9. 2021 Historic Preservation Plan.

VII.A.10. Brownsville Independent School District Financial Report period ended March 31, 2021.

VII.A.11. Quarterly Investment Report period ended March 31, 2021.

VII.A.12. Presentation on the BISD Covid-19 Vaccine Clinic.

VIII. PUBLIC COMMENT:  

Please be advised, beginning with the June 1, 2021, Board Meeting, the District will no longer have virtual public comment.  Any person who would like to address the Board of Trustees must do so by physically coming to the Board Meeting and register.

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 shall limit comments to a maximum of 5 minutes or the allotted time, depending on the number of speakers that have signed up. 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.
 

IX. 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)

X. Board Member Request(s)

X.A. Action Item(s)

X.A.1. Discussion, consideration, and possible action regarding Board Policy BE (Local) and Robert's Rules limits debate to two opportunities.

X.A.2. Discussion, consideration and possible action to recommend approval of Resolution #028/2020-2021 in support of HB2193 – Zaraih’s Law.  (Board Agenda Request Eddie Garcia/Board Support Denise Garza and Minerva Pena)

X.A.3. Discussion, consideration, and possible action in proactively developing a plan of action involving the Board, community, and staff in recruiting, engaging, and promoting BISD student enrollment. (Board Agenda Request Denise Garza/Board Support Jessica Gonzalez, Minerva Pena, Dr. Prisci Roca Tipton and Eddie Garcia)

X.A.4. Discussion, consideration, and possible action to (a) rename the current Safety Committee to School Safety Committee, b) create a Special Education/504 Committee, and c) merge the Curriculum and Technology Committee into the Curriculum/Technology Committee.  (Board Agenda Request Jessica Gonzalez, Board Support Denise Garza, Dr. Prisci Roca Tipton and Daniella Lopez Valdez)

XI. Consent Agenda:

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

XI.A.1. Recommend approval of the Amended 2020-2021 Middle School Course Listing Guide. *

XI.A.2. Recommend approval of the Elementary and Secondary Grading Procedures for the 2021-2022 school year. *

XI.A.3. Recommend approval for the 2020-2021 State adoption of Instructional Materials from Lexia Learning Company to be implemented during the 2021-2022 school year. *

XI.A.4. Recommend to purchase Quaver SEL to implement a social-emotional curriculum for all BISD elementary students in grades PreK–5th grade in the 2021-2022 school year. (1Year) $71,400.00. *

XI.A.5. Discussion, consideration and possible action regarding the Johnny N. & Nena S. Cavazos Sportsman Scholarship Endowment Fund. 

XI.A.6. Discussion, consideration and possible action on cost savings recommendation by Energy Smart Corporation.

XI.A.7. Recommend approval to authorize the Administration to accept the Sams Memorial Stadium Improvements Abatement & Demolition Project under Bid #21-120 as substantially complete

XI.A.8. Recommend approval to authorize the Administration to accept the Canopy Improvements at Canales, Cromack, Del Castillo, Aiken, and El Jardin Elementary Schools Project under CSP #20-137 as substantially complete.

XI.A.9. Recommend approval of Change Order #001 to amend the Owner/Contractor Agreement with J. R. Ramon & Sons, Inc. for the Sams Memorial Stadium Improvements Abatement & Demolition of Obsolete Buildings project of $26,500.00 representing unused funds in the allowance. (Credit back to the District).

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

XI.B.1. Recommend approval of Payment #2 for $1,612.78, as a final payment to Ethos Engineering for Engineering Services work completed on the Lopez, Pace ECHS and Stillman MS- Design Build HVAC & Controls CX Phase III Project to be paid from Maintenance Tax Note Fund 189.

XI.B.2. Recommend approval of Payment #2 for $131,716.35, as partial payment to Araiza General Construction, for Construction Services work completed on the Canales Elementary School Demolition & Disposal of Deteriorated Classroom Wings Project to be paid from Maintenance Tax Note Fund 189.

XI.B.3. Recommend approval of Payment #2 for $160,981.11 as partial payment to G & T Paving, LLC for construction services work completed on the Maintenance Department Receiving Area Project to be paid from Local Maintenance Fund 197.

XI.B.4. Recommend approval of Payment #2 in the amount of $177,276.00 as partial payment to Play & Park Structures for work completed on playground structure installations at Villa Nueva, Cromack and Hudson Elementary Schools to be paid from Title IV Funds.

XI.B.5. Recommend approval of Payment #2 for $185,854.50, as partial payment to JR Ramon & Sons, Inc. Construction Services work completed on the Sam’s Memorial Stadium Improvements Project to be paid from  Tax Rate Increase Fund 188.

XI.B.6. Recommend approval of Payment #3 for $78,162.30, as partial payment to JR Ramon & Sons, Inc. Construction Services work completed on the Sam’s Memorial Stadium Improvements Project to be paid from  Tax Rate Increase Fund 188.

XI.B.7. Recommend approval of Payment #3 for $79,458.00 as partial payment to G & T Paving, LLC for construction services work completed on the Maintenance Department Receiving Area from Local Maintenance Fund 197.

XI.B.8. Recommend approval of Payment #4 for $59,660.00, as partial payment to Rio Roofing, Inc. for Construction Services work completed on the Margaret M. Clark Aquatic Center Re-Roof Project to be paid from Maintenance Tax Note 189.

XI.B.9. Recommend approval of Payments #7 & 8 for $11,900.00, 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.

XI.B.10. Recommend approval of Payment #8 for $38,190.00, 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.

XI.B.11. Recommend approval of Payment #9 for a total of $3,500.00, as a final payment Green, Rubiano & Associates for Structural Engineering Services work completed on the BISD Food Nutrition Services Building Roof Repairs Project to be paid from Maintenance Tax Note Fund 189.

XI.B.12. Recommend approval of Payment #10 for $1,377.50, 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.

XI.B.13. Recommend approval of Payment #10 for $9,850.00 as partial payment to Halff Associates, Inc. for Engineering Services work completed on the Mini-Gyms – HVAC and Addition Project to be paid from Tax Rate Increase Fund 188.

XI.B.14. Recommend approval of Payment #24 for $243.32 as a final 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.

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

XI.C.1. Recommend approval of Budget Amendment #024 in the amount of $50,000.00 for Fund 101 – Food and Nutrition Services.  (Additional Funding)

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

OPEN PUBLIC HEARING:  DELINQUENT AD VALOREM TAX ATTORNEY SERVICES

XI.D.1. Recommend approval of the negotiated contract for RFQ #21-130, Delinquent Ad Valorem Tax Attorney Services to Linebarger, Goggan, Blair, & Sampson, LLP of Brownsville, TX for one year beginning May 5, 2021 with the option to renew for two additional one-year terms. 

XI.D.2. Recommend to approve Board action that is required under Texas Govt. Code 2254, for the District to provide a written statement and finding of the District's need for specialized contingent fee for legal services.

CLOSE PUBLIC HEARING: DELINQUENT AD VALOREM TAX ATTORNEY SERVICES

XI.D.3. Recommend the Approval of Memorandum of Understanding and Partnership Agreement Between Texas A & M University Kingsville and Brownsville I.S.D. for compensation for work performed by Texas A & M University students participating in the Federal Work Study Program.  (No cost to the District) *

XI.D.4. Recommend the approval of Memorandum of Understanding and Partnership Agreement between Western Governors University and Brownsville I.S.D. for the purpose of Student Teaching Internships, Practicum and Observations at the schools located in the District at no cost to the District. *

XI.D.5. Recommend approval to enter into an MOU with Texas Women’s University, the Texas education Agency and local educational entities to provide a master’s degree program for both in-field and out-of-field students.  Will be effective from May 30, 2021, through August 15, 2023.  In previous years, the District has had sponsorship agreements between BISD, TWU and Region One Educational Service.  At no cost to the District. *

XI.D.6. Recommend approval to enter into a Memorandum of Understanding between Brownsville ISD and United Migrant Opportunity Services Migrant and Seasonal Head Start (UMOS MSHS) for 2021-2023 school years.  The purpose of this preschool program is to provide services to children from 6 weeks to 5 years of age and their families.  At no cost to the District. *

XI.D.7. Recommend approval to enter into a Memorandum of Understanding between Educational Results Partnership (ERP) and the Brownsville Independent School district to collect, analyze, and share data in order to track and improve outcomes for students. This will be at no cost to the District. *

XI.D.8. Recommend approval for the Memorandum of Understanding between Gladys Porter Zoo and Brownsville Independent School District for the 2021-2022 school year beginning in June 2021 to July 2022, at no cost to the District. *

XI.D.9. Recommend approval of Letter of  Commitment with Brownsville Public Utilities Board as a participating jurisdiction in the 2021 Fiscal Year Local FEMA Mitigation Plan Update at no cost to the District.

XI.D.10. Recommend approval to accept the construction contract amendment for the Canales Elementary – Parking Lot Improvements Project from R. Pizaña of Brownsville, Texas in the amount of $220,074.40.  Funding to be paid from Maintenance Tax Note Fund 189.

XI.D.11. Recommend approval for the cost proposal from Sigma HN, LLC, M. Garcia Engineering, LLC and Chanin Engineering, LLC from McAllen, Texas, for Engineering Services in the amount not to exceed $134,800.00 for the Food Nutrition Services New Freezer-Cooler Facility project and authorize the Administration to execute the contracts. Funding to be paid from ESSER Funds 266.

XI.D.12. Recommend approval to authorize the Administration to move forward with the Burns, Egly, and Perez Elementary Schools – LED Lighting Upgrades project, to select the Competitive Seal Proposal as a delivery method as authorized by the Texas Education Code under Chapter 2269 of the Government Code for Construction Services, and to accept the cost proposal from Ethos Engineering, of Harlingen, Texas in the amount of $78,000.00 for engineering services. Funding to be paid from Tax Rate Increase Fund 188.

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

XI.E.1. Recommend approval to extend RFQ #18-123 Air Conditioning Systems Testing and Air Balance (TAB) Services to TABFX, Inc., of San Juan, Texas, and National Precisionaire, LLC, of Houston, Texas for an additional three (3) months to expire in August 2021, to provide testing and air balance services, and to authorize the administration to negotiate a fee for said services on a project by project basis.

XI.E.2. Recommend approval to extend Bid #20-099  Construction Supplies and Materials District-wide to Martinez Hauling, Brownsville, Texas for three (3) months to expire in August 2021.  (Annual Bid)

XI.E.3. Recommend approval to renew Bid #19-067  Fire System Annual Inspections and Repair on Fire Back Flows, Risers and Fire Pumps District-wide to several vendors, for a one (1) year period with the option to renew for one (1) additional one (1) year term.  The term of the contract will be for the FY 2021-2022 to expire in May 2022.  (Annual Bid) 

XI.E.4. Recommend approval to renew RFP #19-119 Insurance Consultant to Valley Risk Consulting, Inc. of McAllen, Texas for the 2021- 2022 plan year.  The services are funded from Local Maintenance Funds.

XI.E.5. Recommend approval to renew CSP #19-137  Student Athletic, UIL and Accident Insurance to Student Insurance Plans of Frisco, Texas for the 2021-2022 plan year.

XI.E.6. Recommend awarding Bid #21-019 Athletic Supplies for Football, Volleyball and Girls/Boys Basketball District-wide (Catalog Bid) to several vendors.  (Annual Bid)

XI.E.7. Recommend awarding Bid #21-020  Athletic Supplies for Cross Country, Soccer and Track District-wide (Catalog Bid) to several vendors.  (Annual Bid)

XI.E.8. Recommend awarding Bid #21-021 Athletic Supplies for Baseball and Softball District-wide (Catalog Bid) to several vendors.  (Annual Bid)

XI.E.9. Recommend awarding Bid #21-022 Athletic Supplies for Golf, Swimming and Tennis District-wide (Catalog Bid) to several vendors.  (Annual Bid)

XI.E.10. Recommend awarding Bid #21-023 Student Uniforms for Career and Technical Education Program District-wide to several vendors.  (Annual Bid)

XI.E.11. Recommend awarding Bid #21-050 Curriculum and Instruction Supplies, Materials and Software District-wide to several vendors.  (Annual Bid)

XI.E.12. Recommend awarding Bid #21-051 Audio Visual Equipment District-wide to several vendors. (Annual Bid)

XI.E.13. Recommend awarding Bid #21-052 Office Supplies, Equipment and Accessories District-wide to several vendors.  (Annual Bid)

XI.E.14. Recommend awarding Bid #21-053 Repair Parts for Kitchen Equipment and Walk-In Freezer for FNS District-wide to several vendors.  (Annual Bid)

XI.E.15. Recommend awarding Bid #21-054 Chess Materials, Supplies, Software, and Training Services District-wide to several vendors.  (Annual Bid)

XI.E.16. Recommend awarding Bid #21-055N Janitorial Supplies, Paper, and Plastic Products for Food and Nutrition Services Department to several vendors.  (Annual Bid)

XI.E.17. Recommend awarding Bid #21-056 Police/Security Uniforms, Supplies, Materials and Equipment District-wide to several vendors.  (Annual Bid)

XI.E.18. Recommend awarding Bid #21-091 Disposal of Hazardous and Non-Hazardous Waste District-wide to several vendors.  (Annual Bid)

XI.E.19. Recommend awarding Bid #21-095 Fencing Services, Supplies and Materials District-wide to several vendors.  (Annual Bid)

XI.E.20. Recommend awarding Bid #21-100 Portable Building Relocation and Related Services District-wide to Betancourt Bros House Movers Leveling, Brownsville, Texas.  (Annual Bid)

XI.E.21. Recommend awarding Bid #21-132 Mobile Warehouse Racking System for Food and Nutrition Services Department to Library Design Systems, Inc., Houston, Tx.

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

XII.A. LEVEL III GRIEVANCE(S)

XII.A.1. Discussion, consideration, and possible action regarding Level III Grievance No. 006/2020-2021 on J.P.

XII.B. PERSONNEL MATTER(S):

XII.B.1. Presentation, acceptance and approval of Retirements. (5)

XII.B.2. Presentation, acceptance and approval of Resignations. (22)

XII.B.3. Recommend approval of probationary contractual personnel for the 2021-2022 school year(s) – Offense Coordinator (replacing an existing FTE).  Subject to receipt of all outstanding documentation. (1)

XII.B.4. Recommend approval of probationary contractual personnel for the 2021-2022 school year(s) – Principal for Garden Park Elementary (replacing an existing FTE).  Subject to receipt of all outstanding documentation. 

XII.B.5. Recommend approval of probationary contractual personnel for the 2021-2022 school year(s) – Principal for Paredes Elementary (replacing an existing FTE).  Subject to receipt of all outstanding documentation. 

XII.B.6. Recommend approval of probationary contractual personnel for the 2021-2022 school year(s) – Principal for Pullam Elementary (replacing an existing FTE).  Subject to receipt of all outstanding documentation. 

XII.B.7. Recommend approval of probationary contractual personnel for the 2021-2022 school year(s) – Principal for Sharp Elementary (replacing an existing FTE).  Subject to receipt of all outstanding documentation. 

XII.B.8. Recommend approval of probationary contractual personnel for the 2021-2022 school year(s) – Principal for Lopez Early College High School (replacing an existing FTE).  Subject to receipt of all outstanding documentation. 

XII.B.9. Recommend approval of probationary contractual personnel for the 2020-2021 and 2021-2022 school year(s) – Registered Nurse (replacing an existing FTE).  Subject to receipt of all outstanding documentation. (1) 

XII.B.10. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s) – Licensed Specialist in School Psychology (replacing an existing FTE).  Subject to receipt of all outstanding documentation. (1)

XII.B.11. Recommend approval to accept the rescinding agreement of retirement effective June 11, 2021 from professional employee (G.D.). 

XII.B.12. Recommend approval to accept the rescinding agreement of retirement effective June 11, 2021 from professional employee (S.S.). 

XII.B.13. Recommend approval of campus professional staff for probationary contracts for the 2021-2022 School Year.

XII.B.14. Recommend approval of campus professional staff for chapter 21-term contracts for the 2021-2022 School Year.

XII.B.15. Recommend approval of department professional staff for chapter 21-term contracts for the 2021-2022 School Year.

XII.B.16. Recommend approval to compensate professional employee (A.M.) for a Master’s Degree Salary Credit earned but not paid in the 2019-2020 fiscal school year.

XII.B.17. Recommend approval to compensate professional employee (J.O.S.) for one (1) year experience earned but not paid in the following fiscal school years: 2016-2017, 2017-2018, 2018-2019 and 2019-2020.

XII.B.18. Recommend approval to extend the working days for High School Testing Coordinators for the 2020-2021 Fiscal School Year.

XII.B.19. Recommend approval for the proposed non-renewal of a term contract teacher (L.R.B.) at the end of the 2020-2021 School Year.

XII.B.20. Recommend approval for the proposed non-renewal of a term contract professional (F.S.) at the end of the 2020-2021 School Year. 

XII.B.21. Recommend approval for the non-renewal of a term contract teacher (A.M.V.) at the end of the 2020-2021 School Year. 

XII.B.22. Discussion regarding the non-renewal for non-chapter 21 contract professionals (M.A and M.S.) at the end of the 2020-2021 School Year.

XII.B.23. Discussion regarding the non-renewal for non-chapter 21 contract professional (L.V.) at the end of the 2020-2021 school year.

XII.B.24. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year - Director for Assessment, Research & Evaluation (Replacing existing FTE).  Subject to receipt of all outstanding documentation.

XIII. BOARD SELF-EVALUATION

XIV. PERSONNEL UPDATE WITH SUPERINTENDENT (Dr. Rene Gutierrez)

XV. ATTORNEY CONSULTATION

XV.A. Staff Attorney

XV.A.1. Discussion, consideration, and possible action regarding Martha Chavez, a/n/f, J.C. v. Brownsville Independent School District, et al.     

XV.A.2. Discussion, consideration, and possible action regarding Jasmin Leal v. Brownsville Independent School District.

XV.B. Board Attorney:

XV.B.1. Discussion, consideration, and possible action on BP and CP vs BISD, Case No. 1:19-cv-159 pending in the Federal Southern District of Texas, Brownsville Division.

XVI. INTERNAL AUDITOR CONSULTATION

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

XVIII. Announcement(s):

XIX. Adjournment.