June 1, 2021 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, June 1, 2021 with any corrections/deletions.

VI. Superintendent's Report:  * SB1566

VI.A. Conference Presentations:

VI.A.1. Recognition of the 15th Annual Johnny N. & Nena S. Cavazos Scholarship Endowment.

VI.A.2. Presentation regarding 5th Annual Jason Garcia Scholarship.  Presenting BISD recipients of Jason Garcia Scholarship award.  (Board Agenda Request Minerva Pena/Board Support Dr. Prisci Roca Tipton)

VI.A.3. Parent Volunteer Recognition - Mrs. Patricia Valenzuela.

VI.A.4. Recognition of Regional & State, Science & Engineering Fair Winners. 

VI.A.5. Recognition of the US News and World Report 2021 Best High Schools – Top 25% BECHS, Veterans, Pace and Hanna Early College High Schools.

VI.A.6. Recognition of Athletic Champions.

VI.A.7. Recognition of Career and Technical Student Organizations (CTSO's) State Qualifiers.

VI.A.8. Recognition of UTRGV Sponsored Patriotism Alive! Kids Voting Poster Contest Winner.

VI.A.9. Brownsville Independent School District Financial Report for the period ended May 31, 2021.

VI.B. COVID-19 Update.

VII. 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 five minutes on the first speaking opportunity and three minutes on the second opportunity.

VIII. 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)

IX. Board Member Request(s)

IX.A. Action Item(s)

IX.A.1. Discussion, consideration, and possible action to recommend awarding RFQ#21-131 Board Legal Advisor Services to the number two (#2) ranked law firm, O'Hanlon, Demerath, & Castillo Attorneys at Law, pursuant to the RFQ which includes special education legal services; the number one (#1) ranked law firm, Walsh, Gallegos, Trevino Russo & Kyle, P.C., declined any and all considerations to provide legal services to the Brownsville ISD and Board of Trustees based on select board member requests to exclude special education legal services from their contract (for transparency purposes, the proposed exclusion of special education services was not stipulated in the original RFQ #21-131 process or full-board discussion).  (Board Agenda Request Dr. Prisci Roca Tipton/Board Support, Daniella Lopez Valdez, Eddie Garcia)

IX.A.2. Discussion, consideration, and possible action to hire Baltazar Salazar, Attorney at Law, PLLC, as Special Education Legal Counsel at the same yearly rate as his current contract.   (Board Member Request - Minerva Pena, Board Support Jessica Gonzalez)

X. Consent Agenda:

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

X.A.1. Recommend approval to authorize Administration to move forward with the Transportation New Fuel Station, to secure engineering services not exceeding $40,000.00, and to select the Competitive Seal Proposal as a delivery method as authorized by the Texas Education Code in accordance with Chapter 2269 of the Government Code for Construction Services. Funding to be from Local Fund 199. 

X.A.2. Recommend approval to authorize the Administration to accept the Margaret M. Clark Aquatic Center Roof Replacement project under CSP #21-119 as substantially complete. 

X.A.3. Recommend approval to use COGNIA INC for SACS Accreditation visits and continuous school improvement for the school District in the amount not to exceed $51,350.00 from budgeted local departmental funds for the 2021-2022 school year.*

X.A.4. Recommend approval for Region One Project RISE Advisory Council’s five incentives and stipends for teachers and administrators that meet all parts of Project RISE final eligibility reports.*

X.A.5. Recommend to purchase Apex Suite 360 to implement a social-emotional curriculum for all BISD secondary students in grades 6th – 12th in the 2021-2022 school year.  $92,160.00 from local/categorical funds. *

X.A.6. Recommend approval of the Porter ECHS P-TECH Grant Manager stipend in the amount of $5,000.00 and P-TECH Website/Social Media Maintenance stipend in the amount of $1,200.00 for the 2020-2021 year. *

X.A.7. Recommend approval to purchase six Starlabs from Science Interactive Group, LLC that include the domes, blowers, and cylinders, the digital program, and teacher trainings in the amount of $215,870.00 from the Elon Musk donation. *

X.A.8. Recommend approval to revise the hourly rate for Supplementary Duty - Summer School (Enrichment and all other Teachers to include Curriculum Writers, RN's, and Counselors from $30 to $50), Campus Administrators from $30 to $55 and Classified Instructional/Support Staff-Summer School from $12 to $15 for the 2020-2021 School Year. *

X.A.9. Discussion, consideration and possible action regarding canceling the Regular Board Meeting of July 6, 2021 due to summer work schedule.

X.A.10. Recommend approval of Change Order #001 to amend the Owner/Contractor Agreement with Victoria Air Conditioning, Ltd for the Rivera ECHS – HVAC & LED Lighting Improvements project of $64,150.00 representing unused funds in the allowance. (Credit back to the District) 

X.A.11. Recommend approval of Change Order #001 to amend the Owner/Contractor Agreement with Rio Roofing, Inc. for the Margaret M. Clark Aquatic Center – Roof Replacement project of $19,000.00 representing unused funds in the allowance. (Credit back to the District) 

X.A.12. Recommend approval of Change Order #001 to amend the Owner/Contractor Agreement with ARGIO Roofing and Construction, LLC for the Multi-Campus Roof Replacement Phase I, El Jardin ES, Russell ES, Sharp ES, and Yturria ES project of $40,703.46 representing unused funds in the allowance. (Credit back to the District) 

X.A.13. Recommend approval of Resolution #029/2020-2021 to amend Board Policy CB(Local) provisions to address public notice of federal grants, awards and approval of required grant plans.

X.A.14. Recommend approval to adopt TASB LOCAL Policy Update 116; LOCAL policies EIE and DFFA.

X.A.15. Recommend approval to adopt FDB (LOCAL).

X.A.16. Discussion, consideration and possible action to approve a Retention Stipend to all full-time and permanent part-time employees who were employed with BISD as of June 1, 2021 and are approved to return for the 2021-2022 school year in the amount of $1,200.

X.A.17. Recommend approval to purchase two electric car training systems for students from Industrial Education Solutions that includes equipment, licenses, online curriculum, and trainings in the amount of $467,578.00 from the Elon Musk donation.*

X.A.18. Recommend approval to purchase 24 science educational kits from National Energy Education Development Project, Inc. that include materials for hands-on lessons and activities in the amount of $10,560.00 from the Elon Musk donation. *

X.A.19. Recommend approval to purchase solar training systems and the KUKA robots for students from Industrial Education Solutions that include equipment, licenses, online curriculum, and trainings in the amount of $249,868.00 from the Elon Musk donation.*

X.A.20. Recommend approval to accept $2,412,000.00 contribution from the Musk Foundation.*

X.A.21. Recommend approval for the Superintendent to execute Contracts/Memorandums of Understanding that are at no cost to the District without having the need for further Board authorization.

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

X.B.1. Recommend approval of Payment #3 for $34,966.33, as partial payment to Araiza General Construction for Construction Services work completed on the Canales Elementary School Demolition & Disposal of Deteriorated Classroom Wings Project to be paid from Maintenance Tax Note Fund 189.

X.B.2. Recommend approval of Payment #3 in the amount of $177,276.00 as partial payment to Play & Park Structures for work completed on playground structure installations at Southmost, Yturria, and Skinner Elementary schools to be paid from Title IV Funds.

X.B.3. Recommend approval of Payment #4 for $14,927.10 as partial payment to Chanin Engineering, LLC for Engineering Services work completed on the Multi-Campus Canopy Upgrades-Martin ES, Villa Nueva ES, Faulk MS, and Stell MS project to be paid from Maintenance Tax Note Fund 189. 

X.B.4. Recommend approval of Payment #5, 6, and 7 for $121,505.00, as final payment to Rio Roofing, Inc. for Construction Services work completed on the Margaret M. Clark Aquatic Center Re-Roof Project to be paid from Maintenance Tax Note 189. 

X.B.5. Recommend approval of Payment #9 for $30,322.60 as partial payment to ZIWA Corporation for Construction Services work completed on the Veterans ECHS – Visitors Restrooms Facilities project to be paid from Tax Ratification Election Fund 197. 

X.B.6. Recommend approval of Payments #9 & #10 for $2,800.00 as a Final 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.

X.B.7. Recommend approval of Payment #10 for $1,377.50 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. 

X.B.8. Recommend approval of Payments #10 & #11 for $15,874.50, as partial payments 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. 

X.B.9. Recommend approval of Payment #12 for $13,249.65 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. 

X.B.10. Recommend approval of Payment #14 for $168,537.54 as final 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. 

X.B.11. Recommend approval of Payment #16 for $209,382.33 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. 

X.B.12. Recommend approval for payment of annual renewal and software maintenance fees not to exceed $1,199,131.56 for eSchools K-12 Education, Bethlehem, PA, and Business PLUS, Chico, CA, Public Sector through parent company PowerSchool Group LLC Folsom, CA for the 2021-2022 school year.

X.C. Recommend approval of Budget Amendments:

X.C.1. Recommend approval of Budget Amendment #025 in the amount of $1,692,413.00 for Local Funds. (Reallocation of $942,413.00 as requested by campuses and departments and Categorical Fund Balance of $750,000.00).

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

X.D.1. Recommend approval to enter into a Memorandum of Understanding between Brownsville Independent School District and Undies for Everyone for distribution of undies for our Homeless children and Youth enrolled in our Early Childhood programs through 8th grade for the 2021-2022 school year.  No cost to the District. *

X.D.2. Recommend approval to enter into contractual agreement with come dream.come build/YouthBuild Brownsville, 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 $62,224.00 for the 2021-2022 school year. *

X.D.3. 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 a Second Language and certification for in demand occupations classes for the 2021-2022 school year at no cost to the District. *

X.D.4. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and Behavioral 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 2021-2022 school year. No cost to the District.*

X.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 counsel students for the 2021-2022 school year.  No cost to the District. *

X.D.6. 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 2021-2022 school year.  No cost to the District. *

X.D.7. Recommend approval to enter into 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 2021-2022 school year.  No Cost to the District. *

X.D.8. 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 2021-2022 school year.  No cost to the District. *

X.D.9. Recommend approval to enter into a Memorandum of Understanding between Texas A&M and Brownsville Independent School District to implement the Advise TX College Advising Corps at Hanna ECHS, Porter ECHS, Rivera ECHS, Lopez ECHS, and Veterans Memorial ECHS for the 2021-2022 and 2022-2023 school years subject to funding.  Each ECHS will pay $12,500 from campus categorical or local funds for each year not to exceed $75,000 per school year. *

X.D.10. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and the Recovery Center of Cameron County to provide substance abuse counseling services for the adolescent population for the 2021-2022 school year.  No cost to the District. *

X.D.11. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and Tropical Texas Behavioral Health for students mental health services for the 2021-2022 school year.  No cost to the District.*

X.D.12. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and the Licensed Professional Counselor Intern (DLM) to provide an internship site on a BISD school campus for the 2021-2022 school year.  No cost to the District. *

X.D.13. Recommend to accept the National Park Service grant in the amount of $14,340.00 to provide curriculum writing, teacher workshops, virtual presentations, and transportation for 40 student field trips for grades 4 and 8 to Palo Alto Battlefield Historic Park at no cost to the District. *

X.D.14. Recommend approval to accept the construction contract amendment for the Veterans Memorial ECHS Visitors Restroom Facility and Ticket Booth Addition from ZIWA Corporation of Brownsville, Texas in the amount of $987,198.15. Funding to be paid from Tax Ratification Election Fund 197.

X.D.15. Recommend approval for the cost proposal from Halff Associates, Inc. of Brownsville, Texas for Engineering Services in the amount not to exceed $344,200.00 for the Elementary Mini-Gyms HVAC and Restroom Addition Group II Project and authorize the Administration to execute the contracts. Funding to be paid from Tax Rate Increase Fund 188. 

X.D.16. Recommend approval of Resolution No. 030/20-21 for the Brownsville Independent School District to participate in described purchasing programs of the Texas Public Energy Solutions, Inc. (TPES) Purchasing Cooperative for the 2020-2021 school year.

X.D.17. Recommend approval of Resolution No. 031/20-21 for the Brownsville Independent School District to participate in described purchasing programs of the Region 15 Education Service Center (ESC) Purchasing Cooperative for the 2020-2021School year.

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

X.E.1. 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 $5,865,750.00 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 one (1) year term with the option to renew for a two (2) additional one (1) year terms for the January 1, 2022 to December 31, 2022 Plan year.

X.E.2. Recommend renewal of CSP #20-130 Professional Educators and School Board Legal Liability Insurance to National Union Fire Insurance Company / Montalvo Insurance Agency of Weslaco, Texas for the 2021-2022 plan year with the option to renew for one (1) additional one (1) year terms.

XI. CLOSED MEETING:  as pursuant to the Texas Government Code Sections: 551.071, 551.072, 551.074, 551.082, and 551.084.

XI.A. PERSONNEL MATTER(S):

XI.A.1. Presentation, acceptance and approval of Retirements. (4)

XI.A.2. Presentation, acceptance and approval of Resignations. (18)

XI.A.3. Recommend approval of probationary contractual personnel for the 2020-2021 and 2021-2022 school year(s) – Choir Director (replacing an existing FTE).  Subject to receipt of all outstanding documentation. (1)

XI.A.4. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s) Speech Language Pathologist (replacing an existing FTE).  Subject to receipt of all outstanding documentation. (1)

XI.A.5. Recommend approval of non-chapter 21 contractual personnel for the 2020-2021 and 2021-2022 school year(s) –Director for P.E.I.M.S. (replacing existing FTE). Subject to receipt of all outstanding documentation. 

XI.A.6. Recommend approval of probationary contractual personnel for the 2021-2022 school year(s) –Nurse Supervisor (replacing existing FTE). Subject to receipt of all outstanding documentation. 

XI.A.7. Recommend to approve compensation for professional employee (J.C.) on interim assignment to be commensurate with the Director for Food and Nutrition Services salary. 

XI.A.8. Recommend approval to compensate professional employee (B.E.E.) for seventeen (17) years of experience earned but not paid in the following fiscal school years:  2016-2017, 2017-2018, 2018-2019 and 2019-2020.

XI.A.9. Recommend approval of Campus Professional Employee (A.G.) for change in salary for the 2020-2021 Fiscal School Year.

XI.A.10. Recommend approval to accept the rescinding agreement of resignation effective June 11, 2021 from professional employees (G.S. and A.G.). 

XI.A.11. Recommend approval of probationary contractual personnel for the 2020-2021 and 2021-2022 school year(s).  Defense Coordinator (replacing existing FTE).  Subject to receipt of all outstanding documentation.

XI.B. Personnel Update with Superintendent (Dr. Rene Gutierrez)

XI.C. Discussion, consideration and possible action on Superintendent's Evaluation and Contract.

XI.D. Board Self Evaluation.

XI.E. ATTORNEY CONSULTATION

XI.E.1. Staff Attorney

XI.E.1.a. Discussion, consideration, and possible action regarding potential litigation for Veterans Memorial Early College High School’s New York Choir trip. 

XI.F. INTERNAL AUDITOR CONSULTATION

XI.F.1. Recommend approval of the Internal Audit Department's "Audit Plan" for the period July 1, 2021 to June 30, 2022.

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

XIII. Announcement(s):

XIV. Adjournment.