February 1, 2022 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, February 1, 2022, with any corrections/deletions.

VI. Recommend approving the minutes with any corrections:

VI.A. Rescheduled Regular Board Meeting of December 14, 2021

VII. Superintendent's Report:  * SB1566

VII.A. Conference Presentations:

VII.A.1. Award for Outstanding Achievement in Popular Annual Financial Reporting (PAFR).

VII.A.2. Presentation of Popular Annual Financial Report.

VII.A.3. Delinquent Tax Collection Report - July 1, 2021 to November 30, 2021.

VII.A.4. Brownsville Independent School District Financial Report for the period ended January 31, 2022.

VII.A.5. Brownsville Independent School District Quarterly Investment Report for the period ended December 31, 2021.

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 Robert's 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. Board Member Request(s)

X.A. Action Item(s)

X.A.1. Discussion, consideration and possible action for Re-organization of Board of Trustee Officers including President, Vice-President, Secretary and Assistant Secretary.  (Board Agenda Request - Eddie Garcia/Board Support Daniella Lopez Valdez)

XI. Consent Agenda:

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

XI.A.1. Recommend approval for BISD Scouts to participate in the 70th Annual Brownsville Scout Government Day on February 4, 2022. 

XI.A.2. Recommend approval to purchase additional supplemental reading materials from Scholastic Education for students from PreK-3 to 8th grade to support the effort to close the literacy gap and increase student achievement in the amount not to exceed $796,207.02. *  (ESSER Funds)

XI.A.3. Recommend approval to pay TIA stipend to M.S. for stipend earned by her husband J.R. who passed away during the 2021-2022 school year.

XI.A.4. Discussion, consideration and possible action to recommend approval of amendment for Resolution #022/21-22 granting additional employee leave for COVID isolation and/or quarantine.

XI.A.5. Recommend approval of Resolution #023/2021-2022 for the reselling of (3) foreclosed properties to the highest responsible bidder in the amount of $35,699.24, as recommended by Delinquent Tax Attorney.

XI.A.6. Recommend approval to allow the Grant Department to add stipends for administrators for successful grant implementation and monitoring.

XI.A.7. Discussion, consideration and possible action regarding extension of current Delinquent Tax Collection Attorney Services or Request for Qualifications (RFQ #21-130).

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

XI.B.1. Recommend approval of Payment #2 for $5,300.00, as partial payment to Green, Rubiano & Associates, Inc. for Engineering Services work completed on the Transportation New Fuel Station Project to be paid from Local Fund 199.

XI.B.2. Recommend approval of Payment #2 for $54,700.00 as partial payment to Halff Associates, Inc. for Engineering Services work completed on the Elementary Mini-Gyms – HVAC and Restroom Addition Group II Project to be paid from Tax Rate Increase Fund 188.

XI.B.3. Recommend approval of Payment #2 for $236,366.56 as partial payment to Play & Park Structures, work completed on Castaneda, Russell, Sharp, and Garza Elementary Campuses Play and Park Structures Phase II Project to be paid from Title IV Fund 289. 

XI.B.4. Recommend approval of Payment #3 for $2,683.31, as partial payment to Ethos Engineering for Engineering Services work completed on the Burns, Egly, Perez Elementary Schools LED Lighting Upgrades Project to be paid from Maintenance Tax Rate Note Fund 188.

XI.B.5. Recommend approval of Payment #8 for $288,980.50, 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.

XI.B.6. Recommend approval of Payment #15 for $8,250.00 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.

XI.B.7. Recommend approval of Payment #16 for $8,250.00 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.

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

XI.C.1. Recommend approval to transfer the easement at the entry/exit drive to Veterans Memorial ECHS parking adjacent to Veterans Memorial ECHS to Union Design Developers.

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

XI.D.1. Recommend renewal CSP #18-119 Auto, General Liability, Law Enforcement, Crime and Fuel Tank Insurance to McGriff, Seibels & Williams of Texas/Texas Political Subdivisions for a one (1) year period to expire March 31, 2023. The term of the policy will be from April 1, 2022 to March 31, 2023. Approximate amount of $733,739.00 from Local Maintenance and Categorical Funds.

XI.D.2. Recommend awarding of CSP #22-141 Burns, Egly, Perez Elementary LED Lighting Upgrades project to Facility Solutions Group of Harlingen, Texas in the amount not to exceed $1,884,000.00, to authorize the Administration to enter negotiations, and to execute the contract.  Funding to be paid from Tax Rate Increase Fund 188.   

XI.D.3. Recommend awarding Bid #22-014 Paper Multipurpose and Color Printing Supplies and Materials District-wide to several vendors. (Annual Bid)

XI.D.4. Recommend awarding Bid #22-015 Career and Technical Education Supplies and Materials District-wide to several vendors. (Annual Bid)  

XI.D.5. Recommend awarding Bid #22-047 Printing Services/Related Items District-wide to several vendors. (Annual Bid)

XI.D.6. Recommend awarding Bid #22-048 Employee Uniforms District -wide to several vendors. (Annual Bid)

XI.D.7. Recommend awarding Bid #22-060 Building Supplies and Materials District-wide to several vendors and cast lots for item #19 of said bid. (Annual Bid)

XI.D.8. Recommend awarding Bid #22-076 A/C Control System District-Wide to several vendors. The term of this contract is effective February 01, 2022, through February 01, 2023, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.

XI.D.9. Recommend awarding Bid #22-083 Sheet Metal Materials/Installation District-wide to several vendors. (Annual Bid)

XI.D.10. Recommend awarding Bid #22-085 HVAC and Chiller Supplies/Materials District-wide to several vendors. (Annual Bid)

XI.D.11. Recommend awarding Bid #22-086 HVAC and Chiller Preventive Maintenance District to several vendors and cast lots for item # 9 of said bid. (Annual Bid)

XI.D.12. Recommend awarding Bid #22-088 Plumbing Supplies District-wide to several vendors. (Annual Bid)

XI.D.13. Recommend awarding Bid #22-098 Facilities Maintenance Repair Services District-wide to several vendors. (Annual Bid)

XI.D.14. Recommend awarding Bid #22-099 Construction Supplies and Materials District-wide to several vendors. (Annual Bid)

XI.D.15. Recommend awarding Bid #22-102 Annual Network Cabling Installation and Repair District-wide to several vendors. (Annual Bid)

XI.D.16. Recommend awarding Bid #22-104 Intercom Repair Services, Supplies and Materials District-wide to several vendors. (Annual Bid)

XI.D.17. Recommend awarding Bid #22-106 Trenching and Boring District-wide to several vendors for a total of a three (3) year term with the option to renew for a two (2) additional one (1) year terms.

XI.D.18. Recommend awarding of Bid #22-107 Resaca Technology Center Portable/Canopy Demolition & Disposal project to R.L. Abatement, Inc. of Weslaco, Texas in the amount not to exceed $97,300.00, and to authorize the Administration to execute the contract Funding from Local Funds 197.

XI.D.19. Recommend awarding Bid #22-118 Contract Services for Cold Storage for Food and Nutrition Services Department to Lineage Logistics, Dallas, Texas, with local cold storage facility located in McAllen, Texas. (Annual Bid)

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. 008/21-22 on M.T.

XII.A.2. Discussion, consideration and possible action regarding Level III Grievance No. 009/21-22 on O.G.

XII.B. PERSONNEL MATTER(S):

XII.B.1. Presentation, acceptance and approval of Retirements. (40)

XII.B.2. Presentation, acceptance and approval of Resignations. (5)

XII.B.3. Personnel Update with Superintendent (Dr. Rene Gutierrez)

XII.B.4. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) – Assistant Principal (replaced existing FTE).  Subject to receipt of all outstanding documentation. (3) 

XII.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) 

XII.B.6. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s)- Coordinator for 21st Century Community Learning Center (Grant funded based on availability on a yearly basis of funding and performance). Subject to receipt of all outstanding documentation. (1)

XII.B.7. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s) – Director for Employee Benefits/Risk Management (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1)  

XII.B.8. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s) – Speech Language Pathologist (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1) 

XII.B.9. Recommend approval of Campus Professional Employee (E.R.) for change in days for the 2021-2022 Fiscal School Year.

XII.B.10. Recommend approval of Campus Professional Employee (V.M.) for change in days for the 2021-2022 Fiscal School Year.

XII.C. ATTORNEY CONSULTATION

XII.C.1. Staff Attorney

XII.C.1.a. Discussion, consideration, and possible action regarding the Term Chapter 21 Contract of Professional (A.M.).

XII.C.2. Board Attorney:

XII.C.2.a. Legal Update with Board Counsel.

XII.C.2.b. Cause No. 2018-DCL-6176; Brownsville ISD v. Roth Construction, Inc.; In the 357th Judicial District Court, Cameron County, Texas (Porter ECHS).

XII.C.2.b.1. Roth Construction

XII.C.2.b.2. Excel Applicators, Inc.

XII.C.2.b.3. G&S Glass, Inc. 

XII.C.2.b.4. Parrish Industriles, LLC 

XII.C.2.b.5. R&J Concrete, LLC 

XII.C.2.b.6. Specialty Drilling 

XII.C.2.b.7. TRO Enterprises d/b/a South Texas Plumbing

XII.C.2.b.8. Valley Masonry  

XII.C.2.c. Cause No. 2018-DCL-5648; Brownsville ISD v. SpawGlass Contractors, Inc.; In the 357th Judicial District Court, Cameron County, Texas (Hanna Performing Arts Center)

XII.C.2.c.1. SpawGlass Contractors Inc. and Valerie Yocham d/b/a YESCO 

XII.C.2.d. Cause No. 2019-DCL-3150; Brownsville ISD v. Texas Descon, LP, et al; In the 357th Judicial District Court, Cameron County, Texas (Pena Elementary) 

XII.C.2.d.1. Mion Terrazzo Tile & Marble Company, Inc. 

XII.C.2.d.2. Rio Grande Steel, Ltd (Rule 11) 

XII.C.2.e. Cause No. 2017-DCL-04616; Brownsville ISD v. D. Wilson Construction Company; In the 357th District Court of Cameron County, Texas (Veterans Memorial ECHS)

XII.C.2.e.1. D. Wilson Construction Company

XII.C.2.e.2. Aleman & Mireles Glass Studio, LLC  

XII.C.2.e.3. Mion Terrazo Tile & Marble Company, Inc. 

XII.C.2.f. Cause No. 2020-DCL-2227; Brownsville ISD v. Scoggins Construction Company; In the 357th Judicial District Court of Cameron County, Texas (Keller Elementary School) 

XII.C.2.f.1. Mion Terrazzo Tile and Marble Company, Inc.

XII.C.2.g. Cause No. 2020-DCL-2385; Brownsville ISD v. Scoggins Construction Company; In the 357th Judicial District Court of Cameron County, Texas (Manzano Middle School)

XII.C.2.g.1. Mion Terrazzo Tile and Marble Company, Inc. (Offer Letter) - $5,000 (partial settlement) 

XII.C.2.h. Cause No. 2020-DCL-2387; Brownsville ISD v. W. Murray Thompson Construction, et al; In the 357th Judicial District Court of Cameron County, Texas (Porter ECHS - Hanna ECHS Science)

XII.C.2.h.1. Grass Growers, Inc. d/b/a Ralph Ruby Landscaping (Rule 11)

XII.C.2.i. Cause No. 2020-DCL-4719; Brownsville ISD v. D. Wilson Construction Company, et al; In the 357th Judicial District Court, Cameron County, Texas (Breeden Elementary School) 

XII.C.2.j. Cause No. 2020-DCL-4720; Brownsville ISD v. D. Wilson Construction Company, et al; In the 357th District Court of Cameron County, Texas (Porter ECHS Instructional Facility) 

XII.D. INTERNAL AUDITOR CONSULTATION

XII.E. Board Self Evaluation.

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

XIV. Announcement(s):

XV. Adjournment.