September 13, 2022 at 5:30 PM - Rescheduled 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 Rescheduled Regular Board Meeting of Tuesday, September 13, 2022 with any corrections/deletions.

VI. Recommend approving the minutes with any corrections:

VI.A. Special Called Board Meeting was held on Thursday, June 23, 2022.

VII. Superintendent's Report:  * SB1566

VII.A. Conference Presentations:

VII.A.1. Recognition of Destination Imagination Global Finals 2022.

VII.A.2. Recognition of the 2022 All Valley Sports Awards Recipients.

VII.A.3. Presentation of Career & Technical Student Organization (CTSO) National Conference Winners.

VII.A.4. Recognition of Matamoros Little League, our sister city, for competing in the Little League world series, ending in the top three of their bracket. (Board Agenda Request - Denise Garza/Board Support-Dr. Prisci Roca Tipton)

VII.A.5. Recognition of National Security Officer Week September 19, 2022 through September 23, 2022.

VII.A.6. Recognition of the Adult Education and Literacy 2021-2022 Report Card.

VII.A.7. Recognition of Hanna ECHS students winning the International Space Settlement Design Competition.

VII.A.8. Recognition of Brownsville ISD students selected for NASA SEES Summer Intern Program.

VII.A.9. Brownsville Independent School District Financial Report for the period ended August 31, 2022.

VII.B. DISTRICT 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 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 and possible action to reclassify pay grade levels of elementary and middle school FNS cafeteria managers. (Board Agenda Request - Dr. Prisci Roca Tipton/Board Support-Denise Garza)

XI. Consent Agenda:

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

XI.A.1. Recommend approval to authorize the superintendent to submit to TEA a board approved remote instruction homebound waivers for thirty (30) special education students. *

XI.A.2. Recommend approval for requesting permission for Lincoln Park School Day Care Center to receive grant funds for a total of $85,244.00 (4 quarterly payments of $21,311.00) for the daycare center. Monies will be used for PPE and cleaning supplies, educational materials, attendance and teacher incentives, snacks for the daycare children and any other items needed to keep a safe and healthy environment and kept in compliance with Child Care Regulation and the Texas Rising Star Program during the Pandemic. *

XI.A.3. Recommend approval of Resolution #020/22-23 for the adoption of the 2022-2023 Proposed Tax Rate. Recommend to adopt a tax rate of no more than $1.20869 per $100.00 valuation with a Maintenance and Operations tax rate of $1.05680 and a Debt Service tax rate of $0.15189.  The 2021-2022 total tax rate was $1.1750.

XI.A.4. Recommend approval of the Annual Review Statement of Investment Policy and Strategies in accordance with the Public Funds Investment Act, Texas Government Code, Section 2256.005(e).

XI.A.5. Recommend the approval of the Administration’s recommendation to authorize the Superintendent to sign a contract to enter into power transmission, distribution, and electricity supply contract with AEP-Texas and a Retail Energy Provider (REP).

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

XI.B.1. Recommend approval of Payment #1 for $33,250.00, as partial payment to Facility Solutions Group, Inc. for Construction Services work completed on the Burns, Egly, Perez Elementary Schools LED Lighting Upgrades Project to be paid from Tax Rate Increase Fund 188.

XI.B.2. Recommend approval of Payment #2 for $191,045.00, as partial payment to Facility Solutions Group, Inc. for Construction Services work completed on the Burns, Egly Perez Elementary Schools LED Lighting Upgrades to be paid from Tax Rate Increase Fund 188.

XI.B.3. Recommend approval of Payment #2 for $250,084.00, as partial payment to Ethos Engineering, Inc. for Engineering Services work completed on the ESSER HVAC Upgrades, Group I Project to be paid from ESSER III Fund 282.

XI.B.4. Recommend approval of Payment #2 for $457,563.12, as partial payment to NM Contracting, LLC for Construction Services work completed on the Sams Stadium – New Parking Lot & Restroom / Concession Stand Improvements Project to be paid from Tax Rate Increase Fund 188.

XI.B.5. Recommend approval of Payment #3 for $425,030.00, as partial payment to Facility Solutions Group, Inc. for Construction Services work completed on the Burns, Egly Perez Elementary Schools LED Lighting Upgrades to be paid from Tax Rate Increase Fund 188.

XI.B.6. Recommend approval of Payment #3 for $516,092.25, as partial payment to Scoggins Construction Co., Inc. for Construction Services work completed on the (9) Mini-Gym HVAC and Restroom Additions Project to be paid from Tax Rate Increase Fund 188.

XI.B.7. Recommend approval of Payment #3 for $562,124.55, as partial payment to Insight Public Sector, Inc. for Construction Services work completed on the BISD Intercom Upgrades – District-Wide Project to be paid from Tax Rate Increase Fund 188.

XI.B.8. Recommend approval of Payment #13 for $2,600.00 as partial payment to Ethos Hotistique Holdings, LLC./dba Ethos Engineering for Engineering Services work completed on BISD District-Wide Intercom Replacement Project to be paid from Tax Rate Increase Fund 188.

XI.B.9. Recommend approval of Payment #14 for $5,200.00 as partial payment to Ethos Hotistique Holdings, LLC./dba Ethos Engineering for Engineering Services work completed on the BISD District-Wide Intercom Replacement Project to be paid from Tax Rate Increase Fund 188.

XI.B.10. Recommend approval of Payment #15 for $135,240.10, as partial payment to Scoggins Construction Co., Inc. for Construction Services work completed on the (10) Mini-Gym HVAC and Restroom Additions Project to be paid from Tax Rate Increase Fund 188.

XI.C. Recommend approval of Budget Amendments:

XI.C.1. Recommend approval of Budget Amendment #014 in the amount of $1,338,249.00 for Local Funds.  (Reallocation of $158,058.00, Undesignated Fund Balance of $343,770.00 and Carryover Budget of $836,421.00)

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

XI.D.1. Recommend approval of Subscription Agreement between Ellevation Education and Brownsville Independent School District for Compliance and Instructional Strategies for Emergent Bilingual in the amount of $354,013.00 for 2022-2023 school year. *

XI.D.2. Recommend approval to renew a Memorandum of Understanding between Brownsville ISD and Mesquite Treatment Center, LLC to provide outpatient chemical dependence services, intervention and counseling to BISD Brownsville Academic Center students during the school day for the 2022-2023 school year. No cost to the District. *

XI.D.3. Recommend approval of memorandum of understanding between the Cameron County Children's Advocacy Centers of Cameron and Willacy Counties and Brownsville ISD to provide educational services to students in 3rd to 12th grades for the 2022-2023 school year at no cost to the District. *

XI.D.4. Recommend approval to renew a Memorandum of Understanding between the Brownsville Independent School District and the Licensed Professional Counselor Associate to provide an internship site on a BISD school campus for the 2022-2023 school year. No cost to the District. *

XI.D.5. Recommend approval to renew a Memorandum of Understanding between the Brownsville Independent School District and Lamar University to provide practicum/internship sites on BISD school campuses for the 2022-2023, 2023-2024, 2024-2025, 2025-2026 and 2026-2027 school years. No cost to the District. *

XI.D.6. Recommend approval to renew a Memorandum of Understanding between the Brownsville Independent School District and the City of Brownsville Police Department for a Handle with Care partnership for the 2022-2023 and 2023-2024 school years. No cost to the District. *

XI.D.7. Recommend approval of a memorandum of understanding between the Cameron County District Attorney’s office and Brownsville ISD to provide education services to students in Kinder to 12th grades on various topics for student safety for the 2022-2023 school year. *

XI.D.8. Recommend approval to renew the Memorandum of Understanding between the Brownsville Independent School District and Tropical Texas Behavioral Health for student mental health services for the 2022-2023 school year. No cost to the District.*

XI.D.9. Recommend approval of an MOU between Brownsville ISD and The University of Texas Rio Grande Valley to proceed with fulfilling TRPN (Texas Regional Pathways Network) grant objectives for the 2022-2023 school year. The MOU is effective until August 31, 2023. Not to exceed $39,000.00. *

XI.D.10. Recommend approval to enter into an Affiliation Agreement between Genoa Healthcare, LLC and the Brownsville Independent School District to become effective September 2022. Genoa Healthcare, LLC will provide a Pharmacy Technician practicum training site to support the goal of equipping our students with the necessary skills to earn a nationally recognized industry certification, at no cost to the District. *

XI.D.11. Recommend approval to accept the amendment of the 2022 Launch BTX Grant board agenda item submitted on June 14, 2022, from $75,000.00 to $86,000.00 from the Greater Brownsville Incentives Corporation. *

XI.D.12. Recommend approval to renew a Memorandum of Understanding between the Brownsville Independent School District and Behavioral Health Solutions of South Texas Youth Prevention Program for implementation of the educational programs for reducing alcohol, substance abuse among youth during the BISD 2022-2023 school year. No cost to the District. *

XI.D.13. Recommend approval to renew the AVID Memorandum of Agreement for Brownsville ECHS, Hanna ECHS, Lopez ECHS, Pace ECHS, Porter ECHS, Rivera ECHS, and Veterans Memorial ECHS and for District Leadership training in the amount of $39,663.00 from budgeted local and categorical funds for the 2022-2023 school year. Services and items to be purchased are subject to the District's needs and funding. *

XI.D.14. Recommend approval of the Memorandum of Understanding with the Cameron County Juvenile Justice Department, Brownsville ISD, and the Cameron County District Attorney’s Office for the Vape Intervention Program (V.I.P.). At no cost to the District. *

XI.D.15. Recommend approval to enter into an agreement of understanding with Brownsville ISD and The Department of State Health Services Upon approval the agreement will take in effect upon approval for the next five school years. *

XI.D.16. Recommend approval to enter the Memorandum of Understanding with Brownsville Community Health Center for the 2022-2023 school year.  The Brownsville Health Center provides primary and specialized health care services, at an estimated $100,000.00. *

XI.D.17. Recommend approval to enter into an agreement of understanding with Brownsville ISD and Western Governors University (WGU) program. The agreement will take in effective upon approval and will continue through August 31, 2024. *

XI.D.18. Recommend approval to enter into Agreement with Cameron County Community Service Centers and School Districts to provide Adult Basic Education/Adult Secondary Education, High School Equivalency, English as Second Language and certification for in demand occupations classes for the 2022-2023 school year at no cost to the District. *

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

XI.E.1. Recommend renewal of CSP #20-111 TPA Service for the Self-Funded Workers Compensation & Excess Insurance for Self-Funded Worker Compensation to Tristar Risk Management Services, Corpus Christi, Texas, in the amount not to exceed $248,400.00 for administrative fees, and Excess Insurance to Montalvo Insurance Agency/Star Insurance Company in the amount not to exceed $101,074.00 for the 2022-2023 Plan Year, with the option to renew for one (1) additional one (1) year term. Administration is also recommending to not renew the loss control services as part of this contract for the 2022-2023 Plan Year.

XI.E.2. Recommend renewal of CSP #20-112 TPA Services for the Self-Funded BISD Group Health, Pharmacy Benefits, Stop-Loss, AD&D and Wellness and Disease Management Plan to Blue Cross Blue Shield of Richardson, Texas in the amount not to exceed $6,166,467.00 and Term Life/AD&D to Dearborn Life Insurance of Lombard, Illinois, in the amount not to exceed $206,811.00 for the policy period of January 1, 2023 to December 31, 2023, with the option to renew for one (1) additional one (1) year term.    

XI.E.3. Recommend awarding RFQ #23-152 Contracted Physician Services; Medical Consultations, Assessment Reviews and Prescription Services to Dr. Antonio Figueroa, MD of Brownsville, Texas for the period beginning September 6, 2022 through August 31, 2023 with the option to renew for two (2) additional one (1) year term, and to authorize Administration to negotiate and execute the agreed upon contract fee.  Similar-sized and larger districts are currently utilizing physician services as a means to secure Medicaid reimbursement for Speech Therapy services provided by the district.

XI.E.4. Recommend awarding of CSP #23-153A ESSER Sharp ES HVAC Upgrades, Phase 1 (Package 1) project to Victoria Air Conditioning, Ltd of Victoria, Texas in the amount not to exceed $1,744,300.00, to authorize the Administration to enter negotiations, and to execute the contract.  ESSER III Fund 282.     

XI.E.5. Recommend awarding of CSP #23-153B ESSER Martin ES HVAC Upgrades, Phase 1 (Package 1) project to Victoria Air Conditioning, Ltd of Victoria, Texas in the amount not to exceed $1,993,500.00, to authorize the Administration to enter negotiations, and to execute the contract.  ESSER III Fund 282.

XI.E.6. Recommend awarding of  CSP #23-154A ESSER Perkins MS HVAC Upgrades, Phase 1 (Package 2) project to Central Air and Heating Service, Inc. (CAHS) of Harlingen, Texas in the amount no to exceed $3,129,482.00, to authorize the Administration to enter negotiations, and to execute the contract.  ESSER III Fund 282.

XI.E.7. Recommend awarding of CSP #23-154B ESSER Vela MS HVAC Upgrades, Phase 1 (Package 2) project to Central Air and Heating Service, Inc. (CAHS) of Harlingen, Texas in the amount not to exceed $4,114,065.00, to authorize the Administration to enter negotiations, and to execute the contract.  ESSER III Fund 282.

XI.E.8. Recommend awarding of CSP #23-155 ESSER Aiken ES HVAC Upgrades, Phase 1 (Package 2) project to Central Air and Heating Service, Inc. (CAHS) of Harlingen, Texas in the amount not to exceed $3,400,000.00, to authorize the Administration to enter negotiations, and to execute the contract.  ESSER III Fund 282.

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. 003/22-23 on M.T.

XII.A.2. Discussion, consideration and possible action regarding Level III Grievance No. 004/22-23 on L.B.

XII.B. PERSONNEL MATTER(S):

XII.B.1. Presentation, acceptance and approval of Retirements. (2)

XII.B.2. Presentation, acceptance and approval of Resignations. (4)

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

XII.B.4. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Assistant Choir Director (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1) 

XII.B.5. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Counselor (replaced existing FTE).  Subject to receipt of all outstanding documentation. (2) 

XII.B.6. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Registered Nurse (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1) 

XII.B.7. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Principal for Morningside Elementary (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1) 

XII.B.8. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Systems Programmer/Analyst (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1) 

XII.B.9. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Educational Diagnostician (replaced existing FTE).  Subject to receipt of all outstanding documentation. (2) 

XII.B.10. Recommend approval to reclassify the position of FNS Cafeteria Manager ES, MS, FNS Dept. currently at Pay Grade 4 for 200 days to Pay Grade 5 at 200 days on the Employee Compensation Plan for the 2022-2023 School Year.

XII.B.11. Recommend approval of qualified administrators as Texas Teacher Evaluation Support System (T-TESS) Appraisers (addendum #2) for the 2022-2023 Fiscal School Year.

XII.C. ATTORNEY CONSULTATION

XII.C.1. Staff Attorney

XII.C.2. Board Attorney:

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

XII.D. INTERNAL AUDITOR CONSULTATION

XII.D.1. Status of past, ongoing and completed Board approved audits.

XII.E. Board Self Evaluation.

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

XIV. Announcement(s):

XV. Adjournment.