January 12, 2021 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 Board Meeting of Tuesday, January 12, 2021 with any corrections/deletions.

VI. Recommend approving the minutes with any corrections:

VI.A. Emergency Called Board Meeting held Monday, July 13, 2020

VI.B. Emergency Called Board Meeting held Tuesday, August 4, 2020

VI.C. Regular Board Meeting held Tuesday, August 4, 2020

VI.D. Regular Board Meeting held Tuesday, September 1, 2020

VII. DISTRICT COVID-19 UPDATE.

VII.A. Conference Presentation(s):

VII.A.1. Curriculum & Instruction Update

VII.A.2. Business & Operations Update

VII.B. Action Item(s):

VII.B.1. Recommend approval regarding Resolution No. 024/2020-2021 authorizing the Superintendent to continue this one-time sick leave, up to 80 hours additional local sick leave days to Board policy DEC (Local), through June 30, 2021 for all eligible employees who are asked to quarantine or self-isolate based on a covered work related incident.

VII.B.2. Recommend approval to extend Covid-19 leave benefits under the CARES Act for the remainder of the 2020-2021 school year.

VIII. Superintendent's Report:  * SB1566

VIII.A. Conference Presentations:

VIII.A.1. School Board Recognition Month - January 2021.

VIII.A.2. Popular Annual Financial Report for the fiscal year ending June 30, 2020.

VIII.A.3. Presentation on 21st Century Community Learning Grant Cycle 11 submission to The Texas Education Agency. *

VIII.A.4. Brownsville Independent School District Financial Report for the period ended December 31, 2020.
 

IX. 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 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. Update on duties and responsibilities of all BISD athletic "Spring 2021" coaches for accountability purposes of extra days/stipends. (Board Agenda Request Dr. Prisci Roca Tipton/Board Support Drue Brown)

XI.A.2. Update on district processes and distribution of Spring 2021 COVID-19 kits for campus staff.  (Board Member Request Jessica Gonzalez-Board Support Dr. Prisci Roca Tipton)

XII. Consent Agenda:

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

XII.A.1. Recommend approval for the Teacher Incentive Allotment to pay stipends for Porter ECHS and Faulk MS teachers based on the 15% spending plan submitted for Cohort A. *

XII.A.2. Recommend approval to authorize Administration to accept the HANNA ECHS- HVAC and Lighting Upgrades project as substantially completed.

XII.A.3. Recommend approval to authorize the Administration to accept the Multi-Campus Roof Replacement Phase I project under CSP #19-134 as substantially complete for El Jardin, Russell, Sharp, and Yturria Elementary Schools. 

XII.A.4. Recommend approval to authorize the Administration to accept the Roof Replacement Phase I Project under CSP #21-115 as substantially complete for Lopez Early College High School.

XII.A.5. Recommend approval for BISD Scouts to participate online in the 69th Annual Brownsville Scout Government Day on February 19, 2021.

XII.A.6. Recommend approval for MVEC to run power lines using the gas easement at no cost, no impact in property size, with the exception of some pole excavation, and no interruption to BISD Operations.

XII.A.7. Recommend approval to authorize the Administration to accept the Bus-Drive Improvements project under CSP #21-116 as substantially complete for Vela Middle School.

XII.A.8. Discussion and possible action to issue a Request for Qualifications (RFQ) for tax collection attorney services.

XII.A.9. Discussion and possible action to issue a Request for Qualifications (RFQ) for general attorney legal services.

XII.A.10. Recommend approval to authorize the Administration to move forward with the Food Nutrition Services Department - New Freezer-Cooler Facility Project, and to select the Competitive Sealed 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 ESSER Funds and FNS Department with TDA approval.

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

XII.B.1. Recommend approval for payment in the amount of $ 1,047.50 to O'Hanlon, Demerath, Castillo for legal services.

XII.B.2. Recommend approval for payment in the amount of $ 315.00 to O’Hanlon, Demerath & Castillo for legal services for Cause No. 2020-DCL-1255, The State of Texas et. al. v. Dr. Sylvia P. Atkinson et. al; in the 107th Judicial District Court, Cameron County, Texas

XII.B.3. Recommend approval of Payment #1 for $34,017.04, as partial payment to Gomez-Mendez-Saenz Architects for Architectural Services work completed at Veterans Memorial ECHS-Visitors Restrooms and Concession Stand Project to be paid from Tax Ratification Election Fund 197.

XII.B.4. Recommend approval of Payment #1 for $265,776.75 as partial payment to Central Air & Heating Service, Inc. (CAHS, Inc.) for Construction Services work completed on the Margaret M. Clark Aquatic Center-Heating System Replacement Project to be paid from Maintenance Tax Note Fund 189.

XII.B.5. Recommend approval of Payment #2 for $5,244.00 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. 

XII.B.6. Recommend approval of Payment #2 for $455,649.93 as partial payment to Argio Roofing & Construction, LLC. Construction Services work completed on the Canales Elementary Roof Repairs project to be paid from Maintenance Tax Note Fund 189.

XII.B.7. Recommend approval of Payment #3 for $83,539.77 as partial payment to Argio Roofing & Construction, LLC. Construction Services work completed on the Canales Elementary Roof Repairs project to be paid from Maintenance Tax Note Fund 189.

XII.B.8. Recommend approval of Payment #3 for $284,408.77 as partial payment to G & T Paving, LLC for Construction Services work completed on the Vela MS Bus-Drive Improvements project to be paid from Maintenance Tax Note Fund 189. 

XII.B.9. Recommend approval of Payment #3 for $327,878.99 as partial payment to ZIWA Corporation, Inc. for Construction Services work completed on the Lopez ECHS Bus-Drive & Staff Parking Lot project to be paid from Maintenance Tax Note Fund 189. 

XII.B.10. Recommend approval of Payment #5 for a total of $30,199.16, as partial payment to Ethos Engineering, Inc. for Construction Services work completed on the Margaret M. Clark Aquatic Center-HVAC Upgrades Project to be paid from Maintenance Tax Note Fund 189.

XII.B.11. Recommend approval of Payment #5 for $158,745.00 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. 

XII.B.12. Recommend approval of Payment #8 for $118,699.45 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.13. Recommend approval of Payment #9 for $29,843.06 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. 

XII.B.14. Recommend approval of Payment #10 for $44,365.50 as final 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.15. Recommend approval of Payment #11 for $2,661.90 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 #12 for $358,072.55 as final 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 

XII.B.17. Recommend approval of Payment #19 for $46,901.66 as partial payment to Wil-Con, for Construction Services work completed on the Hanna ECHS HVAC and Light Upgrades to be paid from Maintenance Tax Note Fund 189.

XII.B.18. Recommend approval of Payment #20 for $10,277.23, as partial payment to Wil-Con, for Construction Services work completed on the Hanna ECHS HVAC and Light Upgrades to be paid from Maintenance Tax Note Fund 189.

XII.B.19. Recommend approval of Payment #21 for $19,739.05, as final payment to Wil-Con, for Construction Services work completed on the Hanna ECHS HVAC and Light Upgrades to be paid from Maintenance Tax Note Fund 189.

XII.B.20. Recommend approval of Payment #23 for $685.05 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. 

XII.C. Recommend approval of Budget Amendments:

XII.C.1. Recommend approval of Budget Amendment #021 in the amount of $103,133.00 for Local Funds.  (Reallocation as requested by campuses and departments)  

XII.C.2. Recommend approval of Budget Amendment #022 in the amount of $1,075,957.00 for Fund 163 – State Bilingual.  (Fund Balance)

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

XII.D.1. Recommend the approval of Memorandum of Understanding and Partnership Agreement between Texas Woman's University School of Library and Information Studies and Brownsville I.S.D. for the purpose of creating incentive and a career pathway for aspiring Librarians at no cost to the district.  *

XII.D.2. Recommend the approval of Memorandum of Understanding and Partnership Agreement between Sam Houston State University College of Education and Brownsville I.S.D. for the purpose of Student Teaching Internships, Practicum and Observations at the schools located in the District at no cost to the district. *

XII.D.3. Recommend approval for the Workforce Solutions Cameron/Texas Rising Star Provider amendment agreement to Brownsville Independent School District to receive the reimbursement funds up to $80,000 for Daycare Services at Lincoln Park High School. *

XII.D.4. Recommend approval of UTRGV GEARUP Subaward Amendment #4 in the amount of $396,250. This provides funding for four GEAR UP counselors and instructional support for Lopez ECHS, Porter ECHS, and Rivera ECHS under the current Memorandum of Understanding that runs through September 25, 2021.  *

XII.D.5. Recommend approval to enter into a Memorandum of Understanding between Brownsville ISD and Cameron County to allow CBVI/TTT students to use Cameron County job sites as instructional vocational exploration setting beginning 2020-2021 school year.  At no cost to the district.  *

XII.D.6. Recommend approval to enter into a Site Supervisor/Mentor Agreement (MOU) with University of Texas Health Center at San Antonio Department of Allied Health Fields of Occupational Therapy, Physical Therapy, & Speech-Language Pathology.  In previous years, the district has had similar sponsorship agreements between BISD and other entities.  The MOU would be at no cost to the District. *

XII.D.7. Recommend approval to enter into a contract with Tenet Leadership, LLC. for the coaching services: Texas Education Agency Lone Star Governance, House Bill 3, and Curriculum Support Work Plan for the Board of Trustees beginning January 13, 2021 thru June 30, 2021 at a cost of $14,400.00.

XII.D.8. Recommend approval of Change Order #001 to the Owner/Contractor Agreement with American Contracting USA, Inc. for Multi-Campus Roof Replacement Phase II project representing unused allowances in the amount of $81,150.00. (Credit back to the District) 

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

XII.E.1. Recommend awarding RFQ #21-126 Geotechnical Engineering and Construction Materials Testing Services District-Wide to Raba Kistner Consultants, Inc., of Brownsville, Texas, Terracon Consultants, Inc., of Pharr, Texas, Millennium Engineers Group (MEG) of Edinburg, Texas, and EarthCo, LLC of Harlingen, Texas with an option to renew for two additional years.  Additionally, to authorize the Administration to negotiate and execute the contract fee for the aforementioned services on a project by project basis. 

XII.E.2. Recommend awarding RFQ #21-127 Texas Department of Insurance (TDI) Windstorm Inspection and Structural Engineering Services District-Wide to AGH Engineering and Surveying, of Brownsville, Texas, Chanin Engineering, LLC, of McAllen, Texas, and Green, Rubiano and Associates (GRA) of Harlingen, Texas with an option to renew for two additional years.  Additionally, to authorize the Administration to negotiate and execute the contract fee for the aforementioned services on a project by project basis. 

XII.E.3. Recommend awarding RFQ #21-128 Civil Engineering Services District-Wide to Ambiotec Civil Engineering Group, Inc., of Brownsville, Texas, M Garcia Engineering, LLC, of McAllen, Texas, Halff Associates of Brownsville, Texas, and Plagar Engineering, LLC of Brownsville, Texas with an option to renew for two additional years.  Additionally, to authorize the Administration to negotiate and execute the contract fee for the aforementioned services on a project by project basis. 

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. Recommend approval of Level III Grievance No. 002/2020-2021 for MP.

XIII.B. INTERNAL AUDITOR CONSULTATION

XIII.C. PERSONNEL MATTER(S):

XIII.C.1. Presentation, acceptance and approval of Retirements. (10)

XIII.C.2. Presentation, acceptance and approval of Resignations. (2)

XIII.C.3. Recommend approval of non-chapter 21 contractual personnel for the 2020-2021 school year - Director of Health Services. Subject to receipt of all outstanding documentation. (1) (Replacing an existing FTE)

XIII.C.4. Personnel Update with Superintendent (Dr. Rene Gutierrez)

XIII.C.4.a. Board Members Request(s):

XIII.C.4.a.1. Discussion of COVID-19 protocols and actions.  (Board Agenda Request - Minerva Pena/Board Support Jessica Gonzalez and Eddie Garcia)

XIII.C.4.a.2. Discussion of BISD administrative positions & protocols.  (Board Agenda Request Minerva Pena/Board Support Jessica Gonzalez and Eddie Garcia)

XIII.C.5. Legal Update with Board Counsel.

XIII.C.6. Board Self Evaluation.

XIII.C.6.a. Board Member Request(s):

XIII.C.6.a.1. Discussion of BISD employees donating sick leave days.  (Board Agenda Request - Denise Garza/Board Support Dr. Prisci Roca Tipton, Minerva Pena and Eddie Garcia)

XIII.C.6.a.2. Discussion and update on the Pena vs. Leal election challenge including any possible costs to the Brownsville Independent School District.  (Board Agenda Request Drue Brown/Board Support Dr. Prisci Roca Tipton and Jessica Gonzalez)

XIII.D. ATTORNEY CONSULTATION

XIII.D.1. Staff Attorney

XIII.D.2. Board Attorney:

XIII.D.2.a. Discussion and update of pending legal matters.

XIII.D.2.b. Discussion on Case 1:19-cv-00159, B.P. et. al., vs BISD pending in the Southern District of Texas, Brownsville Division.

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

XV. Announcement(s):

XVI. Adjournment.