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October 6, 2020 at 5:30 PM - 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 Regular Board Meeting of Tuesday, October 6, 2020 with any corrections/deletions.
VI. Recommend approval of minutes with any corrections.
VI.A. Emergency Called Board Meeting held Wednesday, March 18, 2020
VI.B. Regular Board Meeting held Tuesday, April 7, 2020
VI.D. Regular Board Meeting held Tuesday, May 5, 2020
VI.E. Special Called Board Meeting held Thursday, May 14, 2020
Attachments: (1)
VI.F. Special Called Board Meeting held Tuesday, May 26, 2020
Attachments: (1)
VI.G. Hearing 001/19-20 held Tuesday, May 26, 2020
Attachments: (1)
VII. Superintendent's Report:  * SB1566
VII.A. Conference Presentations:
VII.A.1. Recognition of Life Saving Award - Brownsville ISD Police Officers.
Attachments: (1)
VII.A.2. Recognition of Alejandro Alex Mancias, Veterans ECHS Senior National Karate Champion
VII.A.3. Recognition of Omar Juarez, Hanna ECHS graduate Undefeated Super Lightweight Champion and Local Humanitarian. 
VII.A.4. Recognition of 2020 All Valley Sports Awards.
Attachments: (1)
VII.A.5. Recognition of the 2019-2020 Campus Instructional Aides of the Year.
VII.A.6. Recognition of the 2019-2020 District Classified Staff of the Year.
VII.A.7. Recognition of the Brownsville Independent School District Human Resources Department for Education Resources Day on October 14, 2020.
Attachments: (1)
VII.A.8. Brownsville Independent School District Financial Report for the period ended August 31, 2020.
Attachments: (1)
VIII. COVID-19
VIII.A. Conference Presentation Item(s):
VIII.A.1. Superintendent's report concerning status of District response to COVID-19 Issues:
           Curriculum & Instruction Update
           Business & Operations Update
VIII.B. Action Item:
VIII.B.1. Recommend approval to authorize the Superintendent to submit to TEA a Board Approved second waiver request to extend Distance Learning from October 21, 2020 to November 20, 2020.
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.  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 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. Action Item(s)
XI.A.1. Discussion, consideration and possible action regarding; Transportation Employees Department Seniority ranking list (Overtime, Summer and Extra-curricular activities) for all Transportation Employees.  (Board Agenda Request Minerva Pena/Board Support Dr. Prisci Roca Tipton and Dr. Sylvia P. Atkinson)
Attachments: (1)
XII. Consent Agenda:
XII.A. Recommend approval of the following General Function Item(s):
XII.A.1. Recommend approval of Resolution #022/20-21 for the 2020-2021 Tax Levy in the amount of $73,331,821.35 based on the adopted tax rate of $1.175872 per $100 property valuation.  
Attachments: (1)
XII.A.2. Discussion, consideration, and possible action regarding the required reimbursable payment of $500 per additional designated teachers for 2019-2020 along with the required data submission for Cohort A. *
XII.A.3. Recommend approval to declare obsolete out-of-adoption textbooks to be disposed in accordance with Board Policy CMD (Legal) Instructional Materials Care and Accounting.
Attachments: (1)
XII.A.4. Recommend approval to participate in the Optional Flexible School Day Program (OFSDP) for the 2020-2021 school year based on the district’s needs and funding. *
Attachments: (1)
XII.A.5. Recommend approval to authorize Administration to accept the E 3 Entegral Solutions Design-Build HVAC Phase III CWP Energy Efficiency and Conservation Contract project as substantially completed at the following campuses: Lopez ECHS, & Stillman Middle School.  
Attachments: (1)
XII.A.6. Discussion, consideration and possible action to reschedule the Board Meeting of Wednesday, November 4, 2020 to Monday, November 2, 2020 due to 2020 General Election.
Attachments: (1)
XII.A.7. Recommend approval to adopt TASB Policy Review Sections A and B.  (Second Reading)
XII.A.8. Recommend approval to authorize Administration to accept the Design-Build HVAC Phase II Energy Efficiency and Conservation Contract project as substantially completed at the following campuses: Lopez ECHS, Benavides E.S., and, Brownsville Learning Academy (BLA).
XII.A.9. Recommend approval to authorize the Administration to accept the Cummings CTE - CV4 MEP Upgrades project as substantially complete.
Attachments: (1)
XII.A.10. Recommend approval to authorize the Administration to accept the Energy Conservation Design-Build – HVAC & Associated Controls Phase II project as substantially complete for Porter ECHS, Besteiro MS, Garcia MS, Lucio MS, Paredes ES, and Southmost ES.
XII.A.11. Recommend approval to authorize the Administration to accept the Energy Conservation Design-Build – LED Lighting Retrofit Phase I project as substantially complete for Porter ECHS, Besteiro MS, Garcia MS, Lucio MS, Aiken ES, Paredes ES, Southmost ES, and Aquatic Center.
XII.B. Recommend approval of the following Payment(s):
XII.B.1. Recommend approval for payment in the amount of $3,547.50 to O’Hanlon, Demerath & Castillo for legal services.
Attachments: (1)
XII.B.2. Recommend approval of Payment #2 for a total of $21,135.79  as partial payment to ROFA Architects, for Architectural Services work completed on the Sam’s Stadium Renovation Improvements project to be paid from Tax Rate Increase Fund 188.
Attachments: (1)
XII.B.3. Recommend approval of Payment #3 for $32,250.00 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.
Attachments: (1)
XII.B.4. Recommend approval of Payment #12 for $315,749.03 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.
Attachments: (1)
XII.B.5. Recommend approval of Payment #1 for $108,775.00 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.
Attachments: (1)
XII.B.6. Recommend approval of Payment #1 for $18,919.75 as partial payment to Gonzalez Engineering & Surveying, Inc. for Engineering Services work completed on the Lopez ECHS Bus-Drive & Staff Parking Lot Improvements project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.7. Recommend approval of Payment #1 and #2 for $136,169.30 as partial payment to Raba Kistner Consultants, Inc. for Architectural Services work completed on the Lopez ECHS Roof Replacement project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.8. Recommend approval of Payment #2 for $380,760.00 as partial payment to Rio Roofing, Inc. for Construction Services work completed on the Lopez ECHS Roof Replacement Phase I project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.9. Recommend approval of Payment #4 for $11,818.89 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.10. Recommend approval of Payment #4 for a total of $9,083.83 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.
Attachments: (1)
XII.B.11. Recommend approval of Payment #6 for $161,676.13 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 #6 for $190,516.80 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.
Attachments: (1)
XII.B.13. Recommend approval of Payment #6 for $6,824.80 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.14. Recommend approval of Payment #8 for a total of $1,200.00, 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.15. Recommend approval of Payment #8 for $137,442.68 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.
Attachments: (1)
XII.B.16. Recommend approval of Payment #8 for $146,927.48 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.
Attachments: (1)
XII.B.17. Recommend approval of Payment #11 for a total of $5,500.00 as final payment to PBK Architects for Architectural Services work completed on the Southmost Elementary School Roof Replacement project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.18. Recommend approval of Payment #11 for $12,396.00 as partial payment to Schneider Electric for Construction Services work completed on the Design-Build HVAC/Controls Replacement, Phase II to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.19. Recommend approval of Payment #13 for $16,245.00,  as partial payment to E3 Entegral Solutions, Inc. for Construction Services work completed on the Design Build-HVAC (CHW)-Phase III project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.20. Recommend approval of Payment #14 for $16,245.00,  as partial payment to E3 Entegral Solutions, Inc. for Construction Services work completed on the Design Build-HVAC (CHW)-Phase III project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.21. Recommend approval of Payment #15 for $239,382.10,  as a Final payment to E3 Entegral Solutions, Inc. for Construction Services work completed on the Design Build-HVAC (CHW)-Phase III project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.22. Recommend approval of Payment #16 for $75,655.99 as partial payment to Ethos Engineering, Inc. for Construction Services work completed on the Hanna ECHS-HVAC & Lighting Upgrades Project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.23. Recommend approval of Payment #17 for $673.92 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.24. Recommend approval of Payment #17 for $6,601.86 a Final payment to Ethos Engineering, Inc. for Construction Services work completed on the Hanna ECHS-HVAC & Lighting Upgrades Project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.25. Recommend approval of Payment #17 for $298,795.10, as Final payment to E3 Entegral Solutions, Inc. for Construction Services work completed on the Design Build–HVAC (DX) Replacement Phase II project to be paid from Maintenance Tax Note Fund 189.
Attachments: (1)
XII.B.26. Recommend approval of Payments #18 for a total of $2,154.16 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.B.27. Recommend approval of Payment #1 for $55,972.95 as partial payment to G & T Paving, LLC for construction services work completed on the Maintenance Department Receiving Area projects to be paid from Local Maintenance Fund 197.
Attachments: (1)
XII.C. Recommend approval of the following Budget Amendment(s):
XII.C.1. Recommend approval of Budget Amendment #016 in the amount of $51,212,260.00 for Fund 511 – Debt Services.  (Additional Funding)
Attachments: (1)
XII.C.2. Recommend approval of Budget Amendment #017 in the amount of $778,097.00 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 contract (Amendment #1) with Cameron County Elections Office and to pay 60% deposit for estimated costs of election services for a joint Election to be held on Tuesday, November 3, 2020 and to authorize the Superintendent to sign the contract.  Estimated at $125,620.00.
Attachments: (1)
XII.D.2. Recommend approval to enter into a Memorandum of Understanding with the Education Service Center Region 06 in Collaboration with Education Service Center Region 01 and the Brownsville Independent School District. The purpose is to implement the Texas Lesson Study Program to participants at R. E. Del Castillo. The contracting period is from September 21, 2020 to August 31, 2021. There is no cost to the district. *
Attachments: (1)
XII.D.3. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and Behavioral Health Solutions of South Texas Youth Prevention Program for implementation of their educational programs for reducing alcohol, substance use and abuse among youth during the BISD 2020-2021 school year.  No cost to the District. *
XII.D.4. Recommend approval to enter into a Memorandum of Understanding between Brownsville ISD and Buckner Children & Family Services, Inc. – FAYS Program to provide youth and family crisis intervention services for the 2020-2021 school year.  No cost to the District. *
Attachments: (1)
XII.D.5. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and Heartfelt Minds Counseling & Consulting to provide practicum/internship sites for licensed professional counselor interns on BISD school campuses to provide counseling services to BISD students for the 2020-2021 school year.  No cost to the District. *
Attachments: (1)
XII.D.6. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and the licensed professional counselor (B.M) to provide an internship site on a BISD school campus for the 2020-2021 school year.  No cost to the District. *
Attachments: (1)
XII.D.7. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and the licensed professional Counselor interns (D.M.) and (A.T.) to provide an internship site on a BISD school campus for the 2020-2021 school year.  No cost to the District. *
Attachments: (1)
XII.D.8. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and the Licensed Professional Counselor Interns (MC, NL, MPA, and ARS) to provide an internship site on a BISD school campus for the 2020-2021 school year.  No cost to the District. *
XII.D.9. Recommend approval to enter into a Memorandum of Understanding between the Brownsville ISD and Mesquite Treatment Center, LLC to provide outpatient chemical dependence services, intervention and counseling to BISD Brownsville Academic Center students for the 2020-2021 school year.  No cost to the District. *
Attachments: (1)
XII.D.10. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and Serving Children and Adults in Need (SCAN) Inc.  for the purpose of coordinating drug prevention counseling for students for the 2020-2021 school year.  No cost to the District.  *
Attachments: (1)
XII.D.11. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and The Uniting Neighbors In Drug Abuse Defense (UNIDAD) Tobacco Prevention & Control (TPC) for the purpose of providing tobacco prevention activities and education for BISD students and families for the 2020-2021 school year.  No cost to the District.  *
Attachments: (1)
XII.D.12. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and Tropical Texas Behavioral Health for student mental health services for the 2020-2021 school year.  No cost to the District.  *
Attachments: (1)
XII.D.13. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and the University of Texas Rio Grande Valley AmeriCorps for the purpose of providing AmeriCorps mentors at the six comprehensive ECHS to assist students/parents with college planning and enrollment services to any college and university for the 2020-2021 school year.  No cost to the District.  *
XII.D.14. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and Early Childhood Intervention (ECI) Program under the coordination of Region I ESC to provide services for qualifying infants, toddlers, and their families for the 2020-2021 school year.  No cost to the District.  *
Attachments: (1)
XII.D.15. Recommend approval to enter into an 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.D.16. Recommend approval to enter into a Memorandum of Understanding between Brownsville Independent School District and Positive Community Impact (PCI) Coalition for implementation of underage drinking and anti-drug education programs expressly for reducing prescription drug abuse among youth and adults during the BISD 2020-2021 school year.  No cost to the District.  *
Attachments: (1)
XII.D.17. Recommend approval to enter into Memorandum of Understanding between PSJA ISD and the Brownsville Independent School District to provide professional products and services to BISD in the area of informational systems. A total estimated fiscal implication not to exceed $121,517 for Nov. 1, 2020 to Aug. 31, 2021 school year is anticipated. *
Attachments: (1)
XII.D.18. Recommend approval to accept the General Contractor Construction contract amendment for the Hanna ECHS - HVAC Upgrades from Gerlach Builders LLC dba WilCon, McAllen Texas, in the amount not to exceed $ 5,725,891.82 to be paid from Maintenance Tax Note  Fund 189.
Attachments: (1)
XII.D.19. Recommend approval to accept the engineering contract amendment for the Rivera ECHS – HVAC & LED Lighting Upgrades from Sigma HN Engineers, PLLC of McAllen, Texas in the amount not to exceed $226,524.00.  Funding to be paid from Maintenance Tax Note Fund 189. 
Attachments: (1)
XII.D.20. Recommend approval to enter the Memorandum of Understanding with St. Paul’s Episcopal Church and KIDS HOPE USA to mentor students at Perez Elementary for the 2020-2021 school year. No cost to the district. *
Attachments: (1)
XII.E. Recommend approval of the following Bid(s)/Proposal(s)/Purchase(s)
XII.E.1. Recommend approving Bid #21-120  SAMS Memorial Stadium Improvements Project Abatement and Demolition of Obsolete Buildings from J R Ramon & Sons Inc., San Antonio, Texas, in the amount not to exceed $372,175.00 to be paid from Maintenance Tax Note Fund 189.
XIII. CLOSED MEETING:  as pursuant to the Texas Government Code Sections: 551.071, 551.072, 551.074, 551.082, and 551.084.
XIII.A. Level III Grievance(s)
XIII.A.1. Discussion, consideration and possible action regarding Level III Grievance No. 001/20-21 on Leticia Rodriguez-Bohn.
XIII.B. PERSONNEL MATTER(S):
XIII.B.1. Presentation, acceptance and approval of Resignations. (6)
XIII.B.2. Recommend approval of probationary contractual personnel for the 2020-2021 school year–Counselor. Subject to receipt of all outstanding documentation. (2)
XIII.B.3. Recommend approval of probationary contractual personnel for the 2020-2021 school year–Program Specialist. Subject to receipt of all outstanding documentation. (1)
XIII.B.4. Recommend approval of non-chapter 21 contractual personnel for the 2020-2021 school year–Coordinator for Career & Technical Education. Subject to receipt of all outstanding documentation. (1)
XIII.B.5. Discussion, consideration, and action regarding settlement of District employee K.G.
XIII.B.6. Recommend approval to compensate classified employee (E.F.) for the percentage increase earned but not paid in the following fiscal school years: 2017-2018, 2018-2019 and 2019-2020.
XIII.B.7. Recommend approval to compensate professional employee (D.R.D.L.R.) for thirteen (13) years of experience earned but not paid in the 2018-2019 fiscal school year.
XIII.B.8. Board Self-Evaluation.
XIII.B.8.a. Recommend approval of Superintendents Performance goals for the 2020-2021 school year.
XIII.B.9. Personnel Update with Superintendent (Dr. René Gutiérrez).
XIII.B.10. Legal Update with Board Counsel (Baltazar Salazar).
XIII.C. ATTORNEY CONSULTATION
XIII.C.1. Staff Attorney
XIII.C.1.a. Discussion, consideration, and possible action regarding Guile R. Vela vs. Brownsville Independent School District.
XIII.C.2. Board Attorney
XIII.D. INTERNAL AUDITOR CONSULTATION
XIII.D.1. Consultation with Lead Internal Auditor (Status of past, ongoing and completed Board approved audits).
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 Wednesday, November 4, 2020.
Note:  If agenda item XII A 6 is approved next scheduled Board Meeting will be held Monday, November 2, 2020
XVI. Adjournment.
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