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June 16, 2020 at 5:30 PM - Rescheduled Regular Board Meeting

Agenda
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 June 16, 2020 with any corrections/deletions.
VI. Recommend approval of minutes for the Rescheduled Regular Board Meeting held Tuesday, March 10, 2020 with  any corrections.
Attachments: (1)
VII. COVID - 19:
VII.A. Conference Presentation(s):
VII.A.1. Update on COVID-19
VII.A.1.a. Curriculum & Instruction Update
Attachments: (1)
VII.A.1.b. Business & Operations Update/FEMA
VII.B. Action Item(s):
VII.B.1. Recommend approval for the staff and administration to receive $450.00 for April to July, 2020 for providing on-line learning to students during COVID-19 pandemic and to allow staff and administration to complete their required training in June and July 2020.*
Attachments: (1)
VII.B.2. Recommend approval to submit the Waiver application to request the use of TPRI/Tejas Lee as the alternate Kindergarten Reading Instrument due to COVID-19 to the Texas Education Agency for the 2020-2021 school year. *
Attachments: (1)
VII.B.3. Recommend approval to submit Waiver application of required early notice of students in 4th and 7th grade at risk of failure in the next grade as the STAAR exams were canceled due to COVID-19 to the Texas Education Agency for the 2019-2020 school year. *
Attachments: (1)
VIII. Superintendent's Report:  * SB1566
VIII.A. Conference Presentations:
VIII.A.1. Recognition of student Marco Martinez, Senior Hanna Early College High School for being selected to the Texas 6A top 100, ranking 17th in strikeouts.
Attachments: (1)
VIII.A.2. Presentation regarding Employee Benefits Committee Review, Selection and Recommendation Process for Voluntary Insurance Products.
Attachments: (1)
VIII.A.3. Employee Handbook for the 2020-2021 School Year.
Attachments: (1)
VIII.A.4. Brownsville Independent School District Financial Report for the period ended May 31, 2020.
Attachments: (1)
VIII.A.5. Update on Demographic Study.
Attachments: (1)
IX. PUBLIC COMMENT:
Description:  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.  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.
 
X. 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)
XI. Board Member Request(s)
XI.A. Conference Presentation(s):
XI.A.1. Presentation and discussion with administration to clarify the method being used to calculate and implement EIE (Local) (Legal), EIC (Local) (Legal), and EIA (Legal) (Local) as it pertains to report cards, weighted grade point average, and class rankings. (Board Member Request – Minerva Pena, Board Support Eddie Garcia and Dr. Prisci Roca Tipton)
XI.B. Action Item(s)
XI.B.1. Discussion, consideration, and possible action to modify the policies and method being used to calculate and implement EIE (Local) (Legal), EIC (Local) (Legal), and EIA (Legal) (Local) as it pertains to report cards, weighted grade point average, and class rankings. (Board Member Request – Minerva Pena, Board Support Eddie Garcia and Dr. Prisci Roca Tipton)
XII. Consent Agenda:
XII.A. Recommend approval of the following General Function Item(s):
XII.A.1. Recommend approval to purchase 10,000 Chromebooks 11 3100 2-in-1 for Distance Learning for Student Use District-wide/Phase II, from Dell, Inc., One Dell Way, Round Rock, TX 78682 in the amount not to exceed $2,750,000.00.  Acquisition to be processed using the Department of Information Resources Resolution #R-003/19-20. *
Attachments: (1)
XII.A.2. Recommend approval to adopt the Student Code of Conduct for 2020-2021 school year. *
Attachments: (5)
XII.A.3. Recommend approval to amend the 2020-2021 Secondary Course Listing Guide to reflect the corrected school year (2020-2021) and to update pages 36-37 for the guide.  *
Attachments: (1)
XII.A.4. Discussion, consideration and possible action regarding cancelling the Regular Board Meeting of July 7, 2020 due to summer work schedule.
Attachments: (1)
XII.A.5. Recommend approval to appoint Dr. Rene Gutierrez, Superintendent as agent to perform the duties provided by Texas Election Law, Sec. 31.123 for School Trustee Elections, effective immediately.
Attachments: (1)
XII.A.6. Recommend approval to authorize the Administration to move forward with the Lopez ECHS – Bus-Drive & Staff Parking Lot Improvements project, and 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. Funding to be from Maintenance Tax Note Fund 189.
XII.A.7. Recommend approval to authorize the Administration to move forward with the Lopez ECHS – Roof Replacement project, and 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. Funding to be from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.A.8. Recommend approval to authorize the Administration to move forward with the Vela MS – Bus-Drive Improvements project, and 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. Funding to be from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.A.9. Recommend approval to authorize the superintendent to submit applications for the district attendance waiver(s) due to inclement weather, health, safety-related, or other qualifying issues to the Texas Education Agency (TEA) as needed for the 2020-2021 and 2021-2022 school years.
Attachments: (1)
XII.B. Recommend approval of the following Payment(s):
XII.B.1. Recommend approval for payment in the amount of $602.00 to O’Hanlon, Demerath & Castillo for legal services. 
Attachments: (1)
XII.B.2. Recommend approval for payment of annual renewal and software maintenance fees not to exceed $994,106.60 for eSchools K-12 Education, Bethlehem, PA, and Business PLUS, Chico, CA, Public Sector through parent company PowerSchool Group LLC Folsom, CA for the 2020-2021 school year.
Attachments: (1)
XII.B.3. Recommend approval of Payment #6 for $19,979.64 as partial payment to Gomez Mendez Saenz Architects for Architectural Services work completed on the Hanna ECHS New Gymnasium Facility project to be paid from Tax Rate Increase Fund 188.
Attachments: (1)
XII.B.4. Recommend approval of Payment #1 for $4,639.68 as partial 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.
Attachments: (1)
XII.B.5. Recommend approval of Payment #1 for $15,900.00 as partial payment to Plagar Engineering, LLC., for Engineering Services work completed on the Canales Elementary-Parking Lot Improvement Project to be paid from Maintenance Tax Note Fund 189.
XII.B.6. Recommend approval of Payment #1 for $131,400.00 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.
XII.B.7. Recommend approval of Payment #2 for $83,586.70 as partial payment to ZIWA Corporation for Construction Services work completed on the Veterans ECHS-Visitors Restroom Facilities Project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.8. Recommend approval of Payment #2 for $124,279.00 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.
XII.B.9. Recommend approval of Payment #3 for $15,000.00 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.
XII.B.10. Recommend approval of Payment #3 for $109,501.69 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.
Attachments: (1)
XII.B.11. Recommend approval of Payment #3 for $382,278.31 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.
Attachments: (1)
XII.B.12. Recommend approval of Payment #3 for $570,170.52 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.
XII.B.13. Recommend approval of Payment #4 for $6,250.00 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.
Attachments: (1)
XII.B.14. Recommend approval of Payment #4 for a total of $7,249.97 as partial payment Green, Rubiano & Associates for Structural Engineering Services work completed on the District Wide (6) Canopy Repair & Replacement Project to be paid from Maintenance Tax Note Fund 189.
XII.B.15. Recommend approval of Payment #4 for $172,637.05 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.
XII.B.16. Recommend approval of Payment #5 for $849.24 as partial payment to Gomez Mendez Saenz Architects for Architectural Services work completed on the Hanna ECHS New Gymnasium Facility project to be paid from Tax Rate Increase Fund 188.
Attachments: (1)
XII.B.17. Recommend approval of Payment #5 for $127,746.02 as partial payment to American Contracting USA, Inc. for Construction Services work completed on the Multi-Campus Roof Replacement Phase II project to be paid from Maintenance Tax Note Fund 189.
XII.B.18. Recommend approval of Payment #5 for $1,164,803.71 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.
XII.B.19. Recommend approval of Payment #6 for a total of $1,000.00 as partial payment Green, Rubiano & Associates for Structural Engineering Services work completed on the BISD Food Nutrition Services Building Roof Repair Project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.20. Recommend approval of Payment #8 for $11,400.00, as partial 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.
XII.B.21. Recommend approval of Payment #8 for $925,079.91 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.
XII.B.22. Recommend approval of Payment #12 for $2,337.03 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.
Attachments: (1)
XII.B.23. Recommend approval of Payments #13 and #14 for a total of $3,186.84 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.
Attachments: (1)
XII.C. Recommend approval of the following Budget Amendment(s):
XII.C.1. Recommend approval of Budget Amendment #022 in the amount of $47,678.00 for Local Funds.  (Reallocation as requested by campuses and departments)
Attachments: (1)
XII.D. Recommend approval of the following Contract(s)/Agreement(s):
XII.D.1. Recommend approval to accept the engineering contract amendment for the Hanna ECHS-HVAC Upgrades from Ethos Engineering Harlingen, Texas, in the amount not to exceed $ 416,320.85 to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.D.2. Recommend approval to enter into a Legal Services Retainer Agreement with Walsh Gallegos Trevino Russo and Kyle P.C. to provide support for routine legal matters for the time period from May 1, 2020 to April 30, 2021 at an annual cost of $1,000. 
XII.D.3. Recommend approval to contract with the University of Texas-Rio Grande Valley for online services regarding the Texas Prefreshman Engineering Program (TexPREP) to be implemented during the Summer of 2020, which includes 6 Saturday Sessions at a cost of $350.00 per student. *
Attachments: (1)
XII.D.4. Recommend approval to enter into contractual agreement with cdcb come dream, come build YouthBuild Brownsville, Texas Southmost College and Texas State Technical College to begin providing High School Equivalency instructional services along with Career Pathways and certification to adults in the Cameron County area in the amount not to exceed $162,224.00. *
XII.D.5. 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 2020-2021 school year at no cost to the District. *
XII.E. Recommend approval of the following Bid(s)/Proposal(s)/Purchase(s)
XII.E.1. 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 2020 - 2021.  (Annual Bid)
XII.E.2. Recommend approval to renew Bid #19-096 Preventive Maintenance for Generators 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 2020 - 2021.  (Annual Bid)
XII.E.3. Recommend approval to renew RFP #19-119 Insurance Consultant to Valley Risk Consulting, Inc. of McAllen, Texas for the 2020-2021 plan year.  The services are funded from Local Maintenance Funds not to exceed $62,600.00.
XII.E.4. Recommend approval to extend RFQ #17-128 Civil Engineering Services District-wide for an additional three (3) months to expire in September of 2020 to Plagar Engineering, LLC, Brownsville, Texas, M. Garcia Engineering, LLC, McAllen, Teas, and Gonzalez Engineering and Surveying, Brownsville, Texas to provide engineering services and to authorize the administration to negotiate a fee for said services on a project by project basis.
XII.E.5. Recommend approval to extend RFQ #17-129 Texas Department of Insurance (TDI) Windstorm Inspection and Structural Engineering Services District-wide for an additional three (3) months to expire in September of 2020 to AGH Engineering & Surveying, Brownsville, Texas, Green Rubiano & Associates, Harlingen, Teas, and Chanin Engineering, LLC, McAllen, Texas to provide engineering services and to authorize the administration to negotiate a fee for said services on a project by project basis.
XII.E.6. Recommend approval of RFQ #20-127 for Delinquent Ad Valorem Tax Attorney Services.  Contract will be for one year beginning June 16, 2020, with the option to renew.
XII.E.7. Request approval of RFQ #20-135 Energy and Water Consulting Service District-wide to Energy Smart Corp., Hot Springs, AR., and to allow Administration to enter into contract negotiations.
XII.E.8. Recommend renewal of CSP# 20-112 TPA Service for the Self-Funded BISD Group Health, Pharmacy Benefit, Stop-Loss, AD&D and Wellness and Disease Management Plan to Blue Cross Blue Shield of Richardson, Texas in the amount not to exceed $5,868,190.00 and Term Life/AD&D to Dearborn Life Insurance of Lombard, Illinois, in the amount not to exceed $249,731.11 for a total of a two (2) year term with the option to renew for a two (2) additional one (1) year terms for the 2020-2021 Plan Year.  In addition, administration is recommending doing away with the Benefit Value Advisor (BVA) a BCBS service for the 2020-2021 plan year. 
XII.E.9. Recommend awarding CSP #20-134 Third Party Monitoring of OCR Compliance for BISD Website to Active Internet Technologies (Finalsite) of Glastonbury, CT.
XII.E.10. Recommend approval of CSP #20-136 Records Dept – Shredder Ventilating System  project to Industrial Air Solutions, LLC of Weslaco, Texas in the amount no to exceed $192,475.00 and to authorize the Administration to enter into negotiations and execute the contract.  Funding to be paid from Maintenance Tax Note Fund 189.
XII.E.11. Recommend approval to award CSP #21-004 Basic Education Certification Program for Electrical, to South Texas Initiatives LLC of Hidalgo, Texas, for the 2020 - 2021 school year with the option to renew for two (2) additional one (1) year terms.  Services will be rendered based on the needs of the district.  (Annual Proposal)
XII.E.12. Recommend approving CSP #20-137 Canopy Improvements at Canales, Cromack, Del Castillo, Aiken, & El Jardin Elementary Schools contract for Scoggins Construction Co., Inc., Harlingen, TX, in the amount not to exceed $1,110,000.00 to be paid from Maintenance Tax Note.
XII.E.13. Recommend approving CSP #20-138 Maintenance Department Warehouse Receiving Area Project contract for G & T Paving LLC, Brownsville, Texas, in the amount not to exceed $338,842.83 to be paid from Local Funds 197.
XIII. CLOSED MEETING:  as pursuant to the Texas Government Code Sections: 551.071, 551.072, 551.074, 551.082, and 551.084.
XIII.A. PERSONNEL MATTER(S):
XIII.A.1. Presentation, acceptance and approval of Retirements. (5)
XIII.A.2. Presentation, acceptance and approval of Resignations. (18)
XIII.A.3. Recommend approval of Department Professional Employee (C.C.) for change in contract for the 2020-2021 Fiscal School Year.
XIII.A.4. Board Self-Evaluation.
XIII.A.5. Personnel Update with Superintendent (Dr. René Gutiérrez).
XIII.A.6. Discussion, consideration and possible action on Superintendent's Evaluation.
XIII.A.7. Legal Update with Board Counsel (Baltazar Salazar).
XIII.B. BOARD AGENDA REQUEST(S):
XIII.B.1. Discussion, consideration and possible action to extend Superintendent Dr. Rene Gutierrez's contract for one additional year.  (Board Member Request - Drue Brown, Dr. Prisci Roca Tipton - Support)
XIII.C. ATTORNEY CONSULTATION
XIII.C.1. Staff Attorney
XIII.C.1.a. Discussion regarding Monica Guerrero and Alec Austin Gonzalez vs. Brownsville Independent School District.
XIII.C.2. Board Attorney
XIII.C.2.a. Discussion, consideration, and possible action to hire counsel for representation.
XIII.D. INTERNAL AUDITOR CONSULTATION
XIII.D.1. Consultation with Lead Internal Auditor (Status of past, ongoing and completed Board approved audits).
XIII.D.2. Recommend approval of the Internal Audit Department's "Audit Plan" for the period July 1, 2020 to June 30, 2021.
XIV. BOARD RECONVENES - Board action on agenda items discussed in Executive Session.
XV. Announcement(s):
XV.A. Next scheduled Board Meeting of the Board of Trustees is on Tuesday, August 4, 2020.
XVI. Adjournment.
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