November 2, 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, November 2, 2021 with any corrections/deletions.

VI. Recommend approving the minutes with any corrections:

VI.A. Minutes of the Regular Board Meeting held Tuesday, September 7, 2021

VII. Superintendent's Report:  * SB1566

VII.A. Conference Presentations:

VII.A.1. Bilingual / ESL / Title III Department Presentation of Summit K-12 Recognition of 3 teachers Stillman MS, and Pace HS.

VII.A.2. Open Public Hearing - School FIRST (Financial Integrity Rating System of Texas)

VII.A.3. Public Hearing – School FIRST (Financial Integrity Rating System of Texas)

VII.A.4. Close Public Hearing  – School FIRST (Financial Integrity Rating System of Texas)

VII.A.5. Brownsville Independent School District Financial Report for the period ended October 31, 2021.

VII.A.6. Brownsville Independent School District Quarterly Investment Report for the period ended September 30, 2021.

VII.A.7. Presentation of United States Probation Office in McAllen, Texas furniture donation.

VII.B. DISTRICT COVID-19 UPDATE.

VII.B.1. Curriculum & Instruction

VII.B.2. Business & Operations

VIII. 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 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 Roberts Rules limits debate to two opportunities. A Trustee may debate a motion for three minutes on the first speaking opportunity and two minutes 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. Consent Agenda:

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

X.A.1. Recommend approval to reschedule the Regular Board Meetings of December 7, 2021 to December 14, 2021 and January 4, 2022 to January 11, 2022, due to BISD calendared holidays.

X.A.2. Recommend approval to authorize the Administration to accept the Margaret M. Clark Aquatic Center-HVAC & Controls Project under CSP #20-114 as substantially complete.

X.A.3. Recommend approval to authorize the Administration to move forward with the remodeling of Resaca Technology Center project, to use Cooperatives for the painting, flooring, and window glazing replacement, to use Competitive Sealed Proposals (CSP) for the HVAC and electrical system upgrades, roofing replacement, and parking lot improvements, and competitive bids for the deteriorated portable demolition as delivery methods in the amount not to exceed $3,500,000.  Funding to be from Local Funds.

X.A.4. Recommend approval to accept a Brownsville Community Foundation in-kind donation totaling $11,067.00 at no cost to the district.

X.A.5. The Board will identify and select at least five members to the SHAC for the 2021-2022 school year.

X.A.6. Recommend to accept grant from Department of Education GEAR UP for Region One and Brownsville ISD partnership to support students at Manzano, Oliveira, Stell and Vela Middle Schools, and Hanna and Pace ECHS's in academic and college prep activities, and provide teacher training and equipment from October 1, 2021 to September 30, 2028. *

X.A.7. Recommend to accept the Texas Workforce Commission JET grant in the amount of $329,060.00 for BISD CTE Department from August 31, 2021 to August 31, 2022 with a BISD CTE match of $17,485.00.  *

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

X.B.1. Recommend approval of Payment #5 for $335,019.40, as partial payment to Scoggins Construction Co., Inc. for Construction Services work completed on the Elementary Mini-Gyms HVAC and Restroom Addition Project to be paid from Tax Rate Increase Fund 188.

X.B.2. Recommend approval of Payment #7 for $1,370.36, as final payment to Ethos Engineering, Inc. for Engineering Services work completed on the Margaret M. Clark HVAC Upgrades project to be paid from Maintenance Tax Note Fund 189.

X.B.3. Recommend approval of Payment #9 for $55,960.75, as final payment to Scoggins Construction Co., Inc. for Construction Services work completed on the Canopy Improvement Project to be paid from Maintenance Tax Note 189.

X.B.4. Recommend approval of Payment #12 for $68,469.43, as partial payment to RG Enterprises, LLC dba G & G Contractors for Construction Services work completed on the Multi-Campus Canopies Upgrade Project to be paid from Maintenance Tax Note Fund 189.

X.B.5. Recommend approval of Payment #13 for $5,900.00 as partial payment to Halff Associates, Inc. for Engineering Services work completed on the Elementary Mini-Gyms & HVAC and Restroom Addition project to be paid from Tax Rate Increase Fund 188.

X.B.6. Recommend approval of Payments #13 for $56,652.00, as final payment to Central Air & Heating Services, Inc. (CAHS, Inc.) for Construction Services work completed on the Margaret M. Clark Aquatic Center & HVAC Controls Replacement Project to be paid from Maintenance Tax Note Fund 189.

X.B.7. Recommend approval to pay Cameron Appraisal District the required amount of $1,006,948.00 for appraisal services rendered. (Annual Fee)

X.C. Recommend approval of Budget Amendments:

X.C.1. Recommend approval of Budget Amendment #014 in the amount of $841,200.00 for Local Maintenance.  (Additional Funding of $551,900.00 and Fund Balance of $289,300.00).

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

X.D.1. Recommend approval of the revisions and to participate in the Optional Flexible School Day Program (OFSDP) for the 2021-2022 school year based on the districts needs and funding. *

X.D.2. Recommend approval of the SSI-CP Grant for $200,000.00 per year for three years ($600,000.00 total) with both CIS and MBA MOUs for implementation and development in order to meet grant goals and objectives.

X.D.3. Recommend approval to enter into a Memorandum of Understanding for the Brownsville ISD ACE 21st CCLC at a grant cost of $35,000.00 per year for external evaluation as per grant design.  *

X.D.4. Recommend approval to enter into an agreement of understanding with Brownsville ISD and UTRGV School Nursing program. Upon approval the agreement will take in effect November 3, 2021 and end on August 31, 2022.  No cost to the District.  *

X.D.5. Recommend approval to enter into a Memorandum of Understanding between Paragon VTOL Aerospace and the Brownsville Independent School Districts CTE Department beginning the 2021-2022 school year to the end of the 2025-2026 school year, at no cost to the District. *

X.D.6. Recommend approval to enter into a Memorandum of Understanding between Region One Education Service Center and Brownsville Independent School District CTE Department for NCCER Accreditation.  *

X.D.7. Recommend approval for the Amended Workforce Solutions Cameron/Texas Rising Star Provider agreement to Brownsville Independent School District to change from using the Child Care Automated Attendance (CCAA) system to using the Absence Manual Tracking system effective 04/01/21.

X.D.8. Recommend approval for the amended Workforce Solutions Cameron/Texas Rising Star Provider amendment agreement to Brownsville Independent School District to change the maximum daily rate for TWC reimbursement from $32.93 to $39.20.  *

X.D.9. Recommend approval to enter into a Memorandum of Understanding (MOU) with UTHealth School of Public Health, Brownsville Regional Campus (UTSPH) to provide the diabetic prevention program.  This program is offered at no cost to Brownsville Independent School Distict.  *

X.D.10. Recommend approval of the Memorandum of Understanding and Partnership Agreement between Texas Association of School Boards (TASB) and Brownsville I.S.D. for pay system maintenance of Brownsville I.S.D.  (Cost to the District, $11,800.00)         

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

X.E.1. Recommend approval to extend RFQ #20-073 Consulting Services for Indoor Air Quality Sample Collection, Analysis and Reporting for Asbestos Abatement District-wide to several vendors for three (3) months to expire in February, 2022.  (Annual RFQ)

X.E.2. Recommend approval to exercise the option to extend Bid #20-076 A/C Control System District-wide to several vendors for three (3) months to expire in February, 2022. (Annual Bid)

X.E.3. Recommend approval to exercise the option to renew CSP #21-122 Commingled (Single-Stream) Recycling Service District-wide to Redfish Recycling (March Industries of Texas) of Brownsville, Texas for an additional one (1) year term to expire on November 2022.

X.E.4. Recommend awarding RFP #22-140 Employee Assistance Program (EAP) for Social and Emotional Services to Deer Oaks EAP Services LLC, San Antonio, Texas for the 2022 Plan Year from January 1, 2022 through December 31, 2022 with the option to renew for two (2) additional one (1) year terms.

X.E.5. Recommend awarding Bid #22-007 Music Supplies and Equipment District-wide to several vendors.  (Annual Bid)

X.E.6. Recommend awarding Bid #22-009 Furniture District-wide to several vendors.  (Annual Bid)

X.E.7. Recommend awarding Bid #22-010 Graduation and Honor Awards District-wide to several vendors.  (Annual Bid)

X.E.8. Recommend awarding Bid #22-011 Helmet Reconditioning and Shoulder Pad Repair District-wide to several vendors and cast lots for items #1, #2, #3 and #5 of said bid. (Annual Bid)

X.E.9. Recommend awarding Bid #22-012 Weight Training Room Equipment District-wide to several vendors.(Annual Bid)

X.E.10. Recommend awarding Bid #22-026 Theatre Equipment, Services and Supplies District-wide to several vendors.  (Annual Bid)

X.E.11. Recommend awarding Bid #22-040 Charter Bus Services District-wide to several vendors.  (Annual Bid)

X.E.12. Recommend awarding Bid #22-042 Medical Supplies and Equipment District-wide to several vendors.  (Annual Bid)

X.E.13. Recommend awarding Bid #22-072 Paint Supplies District-wide to several vendors.  (Annual Bid)

X.E.14. Recommend awarding Bid #22-074 Roofing Supplies and Materials District-wide to Sherwin Williams of Brownsville, Texas. (Annual Bid)

X.E.15. Recommend awarding Bid #22-075 Oxygen, Acetylene and Welding Supplies District-wide to several vendors.  (Annual Bid)

X.E.16. Recommend awarding Bid #22-078 Paving Services Work District-wide to several vendors. (Annual Bid)

X.E.17. Recommend awarding Bid #22-079 Roofing Maintenance District-wide to several vendors.  (Annual Bid)

X.E.18. Recommend awarding Bid #22-080 Glazing Supplies/Materials and Services District-wide to several vendors.  (Annual Bid)

X.E.19. Recommend awarding Bid #22-084R Parts/Repair Services for Ground and Heavy Maintenance Equipment District-wide to several vendors.  (Annual Bid)

X.E.20. Recommend awarding Bid #22-090 Plumbing Services District-wide to several vendors.  (Annual Bid)

X.E.21. Recommend awarding Bid #22-097 Ground Landscaping Services District-wide to Maldonado Nursery & Landscaping, Inc., Harlingen, Texas. (Annual Bid)

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

XI.A. LEVEL III GRIEVANCE(S):

XI.A.1. Discussion, consideration and possible action regarding Level III Grievance No. 005/21-22 on J.H.

XI.A.2. Discussion, consideration, and possible action regarding Level III Grievance No. 006/21-22 on P.I.

XI.B. PERSONNEL MATTER(S):

XI.B.1. Presentation, acceptance and approval of Retirements. (3)

XI.B.2. Presentation, acceptance and approval of Resignations. (7)

XI.B.3. Review of Superintendent's Personnel decisions. 

XI.B.3.a. Recommend approval of Superintendent's Performance Goals for the 2021-2022 School Year.

XI.B.4. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) – Coordinator for Teacher Incentive Allotment (New position board approved 06/24/2021-Compensation Plan).  Subject to receipt of all outstanding documentation. (1)

XI.B.5. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) – Counselor (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1)

XI.B.6. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) – Registered Nurse (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1)

XI.B.7. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s) – Coordinator for Human Resources (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1) 

XI.B.8. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) – Lead Teacher (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1)

XI.C. ATTORNEY CONSULTATION

XI.C.1. Staff Attorney

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

XI.C.1.b. Discussion, consideration, and possible action regarding South Coast Spine & Rehabilitation PA vs. Brownsville Independent School District, et al.

XI.C.2. Board Attorney

XI.C.2.a. Legal update with Board Counsel:

Discussion and legal consultation regarding status of B.P. and C.P. v. Brownsville ISD
Discussion and legal consultation regarding status of Martha Chavez v. Brownsville ISD
Discussion and legal consultation regarding status of J.V. v. Brownsville ISD
Discussion and legal consultation regarding status of Greg Abbott; et al v. La Joya ISD; et al
Discussion and legal consultation regarding status of pending construction lawsuits 
 

XI.D. INTERNAL AUDITOR CONSULTATION

XI.E. Board Self Evaluation.

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

XIII. Announcement(s):

XIV. Adjournment.