April 6, 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, April 6, 2021 with any corrections/deletions.

VI. Recommend approving the minutes with any corrections:

VI.A. Regular Board Meeting held Tuesday, October 6, 2020

VI.B. Special Called Board Meeting held Wednesday, October 14, 2020

VI.C. Rescheduled Regular Board Meeting held Wednesday, November 4, 2020

VI.D. Special Called Board Meeting held Thursday, November 12, 2020

VI.E. Canvass of Election Returns Friday, December 4, 2020 (Recount School Trustee Election held November 3, 2020) 

VI.F. Rescheduled Regular Board Meeting held Tuesday, December 8, 2020

VI.G. Special Called Board Meeting held Tuesday, December 15, 2020

VI.H. Brownsville Independent School District and the City of Brownsville Joint Meeting held Wednesday, December 16, 2020.

VII. Superintendent's Report:  * SB1566

VII.A. DISTRICT COVID-19 UPDATE

VII.A.1. Curriculum & Instruction/Human Resources Department Updates

VII.A.2. Business & Operations Update

VII.B. Conference Presentations:

VII.B.1. Recognition of 2020-2021 Recycling Student Clubs.

VII.B.2. Recognition of Destination Imagination South Border Bridge Regional Competition 2021.

VII.B.3. Recognition of Boys & Girls Basketball.

VII.B.4. BISD Early College High School Presentation of the Valedictorian and Salutatorian for the 2020-2021 School Year.

VII.B.5. Brownsville Independent School District Financial Report for the period ended March 31, 2021.

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 Roberts 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.

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. Consent Agenda:

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

X.A.1. Recommend approval to adopt and update the required HB3 five-year Board outcome goals, and campus plans for early childhood literacy and math aligned to 3rd grade Reading and Math STAAR and CCMR for the 2019-2024 school years. *

X.A.2. Recommend approval for the 2020-2021 State adoption of Instructional Materials from SAVVAS Learning Company to be implemented during the 2021-2022 school year for Pre-Kindergarten. *

X.A.3. Recommend approval of the 2021-2022 Middle School and High School Course Listing Guides.*

X.A.4. Recommend approval of the amended page of 2020-2021 Middle School Course Listing Guide.*

X.A.5. Recommend approval to amend the 2020-2021 Middle School Course Listing Guide to include an updated criteria for middle school students to enroll in a pre-algebra course. *

X.A.6. Recommend approval to revise the Supplemental Duty Pay for Summer Employment for Licensed Vocational Nurse (LVN) from $12 to $17 for the 2020-2021 school year.

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

X.B.1. Recommend approval of Payment #1 for $32,581.89, 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 #1 for $48,440.70, as partial payment to JR Ramon & Sons, Inc. Construction Services work completed on the Sam's Memorial Stadium Improvements Project to be paid from Tax Rate Increase Fund 188.

X.B.3. Recommend approval of Payment #1 for $183,350.00, as partial payment to R. Pizaña Construction Services work completed on the Canales Elementary-Parking Lot Improvements Project to be paid from  Maintenance Tax Note  Fund 189.

X.B.4. Recommend approval of Payment #1 in the amount of $413,644.00 as partial payment to Play & Park Structures for work completed on playground structure installations at Elementary Schools; Del Castillo, Gallegos, Keller, Brite, Egly, Benavides and Breeden Elementary Schools to be paid from Title IV Funds.

X.B.5. Recommend approval of Payment #2 for $7,093.33, as Final payment to Sigma HN Engineers, PLLC for Engineering Services work completed on the Keller & Ortiz Elementary Schools Chiller Replacement Projects to be paid from Tax Rate Increase Fund 188.

X.B.6. Recommend approval of Payment #2 for $160,981.11 as partial payment to G & T Paving, LLC for construction services work completed on the Maintenance Department Receiving Area Project to be paid from Local Maintenance Fund 197.

X.B.7. Recommend approval of Payment #3 for $1,350.00, as Final payment to Sigma HN Engineers, PLLC for Engineering Services work completed on the Ben Brite Elementary and Stell Middle Schools Chiller Replacement Projects to be paid from Tax Rate Increase Fund 188.

X.B.8. Recommend approval of Payment #3 for $1,968.75 as Final payment to Ethos Engineering for Engineering Services work completed on the Records Dept. Shredder Ventilating System Project to be paid from Maintenance Tax Note Fund 189.

X.B.9. Recommend approval of Payment #3 for $4,916.25, as Final payment to Gonzalez Engineering & Surveying, Inc. for Engineering Services work completed on the Lopez ECHS Bus Drive-& Staff Parking Lot Projects to be paid from Maintenance Tax Rate Note Fund 189.

X.B.10. Recommend approval of Payment #3 for $49,010.50, 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 189.

X.B.11. Recommend approval of Payment #3 for $79,458.00 as partial payment to G & T Paving, LLC for construction services work completed on the Maintenance Department Receiving Area Project to be paid from Local Maintenance Fund 197.

X.B.12. Recommend approval of Payment #3 for $116,470.00, as partial 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.13. Recommend approval of Payment #4 for $6,022.20, as Final payment to Sigma HN Engineers, PPLC for Engineering Services work completed on the Rivera ECHS HVAC & LED Lighting Upgrades Project to be paid from Maintenance Tax Note Fund 189.

X.B.14. Recommend approval of Payment #4 for a total of $12,737.77, as partial payment to ROFA Architects, for Architectural Services work completed on the Sams Stadium Renovation Improvements Project to be paid from Tax Rate Increase Fund 188.

X.B.15. Recommend approval of Payment #4 for $14,820.75 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.

X.B.16. Recommend approval of Payment #5 for $3,355.64 as partial payment to G & T Paving, LLC. for Construction Services work completed on the Vela MS; Bus Drive Improvements Projects to be paid from Maintenance Tax Note Fund 189.

X.B.17. Recommend approval of Payment #5 for $7,843.60 as partial payment to M. Garcia Engineering. for Engineering Services work completed on the Vela MS – Bus Drive Improvements Project to be paid from Maintenance Tax Note Fund 189.

X.B.18. Recommend approval of Payment #5 for $33,876.00, as Partial payment to ZIWA Corporation for Construction Services work completed on the Lopez ECHS Bus-Drive & Staff Parking Lot Project to be paid from Maintenance Tax Note Fund 189.

X.B.19. Recommend approval of Payment #5 for $35,221.83, as Final payment to ZIWA Corporation for Construction Services work completed on the Lopez ECHS Bus-Drive & Staff Parking Lot Project to be paid from Maintenance Tax Note Fund 189.

X.B.20. Recommend approval of Payment #6 for $30,781.19 as Final 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.

X.B.21. Recommend approval of Payment #6 for $91,684.50, 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.

X.B.22. Recommend approval of Payment #7 for $70,005.50, 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.

X.B.23. Recommend approval of Payment #8 for $11,865.01 as Final payment to Ethos Engineering, Inc. for Engineering Consulting Services work completed on the Design Build-HVAC DX & Controls Phase II 3rd Party Reviewer Project to be paid from Maintenance Tax Note Fund 189.

X.B.24. Recommend approval of Payment #9 for $54,550.00 as partial payment to Haliff Associates, Inc. for Engineering Services work completed on the Mini-Gyms - HVAC and Addition Project to be paid from Tax Rate Increase Fund 188.

X.B.25. Recommend approval of Payment #10 for $4,892.66 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.

X.B.26. Recommend approval of Payment #10 for $80,538.20, as partial payment to RG Enterprises, LLC dba G & G Contractors for Construction Services work completed on the Multi-Campus Canopies Upgrade Project to be paid from Maintenance Tax Note Fund 189.

X.B.27. Recommend approval of Payment #15 for $7,021.79 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.C. Recommend approval of Budget Amendments:

X.C.1. Recommend approval of Budget Amendment #023 for $354,302.00 for Local Funds.  (Categorical Fund Balance of $200,000.00, Additional Funding from Insurance Recovery of $154,302.00 and Reallocation of $64,505.00 as requested by campuses and departments)

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 continue the existing Memorandum of Understanding (MOU) with NINOS Head Start to provide educational services to three-year-old qualifying children at the existing eight elementary sites for the 2021-2022 school year. The sites include Burns, Aiken, Garden Park, Benavides, Vermillion, Canales, Brite, and Perez Elementary Schools. Categorical and/or Local 199 Funds will be utilized to fund the salaries for eight (8) teachers and eight (8) paraprofessionals.  *

X.D.3. Recommend approval of Change Order #001 to amend the Owner/Contractor Agreement with G&T Paving, LLC for the Vela MS Bus-Drive Improvements Project of $4,498.45 representing unused funds in the allowance. (Credit back to the District)

X.D.4. Recommend approval of Change Order #001 to amend the Owner/Contractor Agreement with Gerlach Builders, LLC dba Wil-Con for the Hanna ECHS New Gymnasium Facility Project of $33,646.77 representing unused funds in the allowance. (Credit back to the District)

X.D.5. Recommend approval to enter into an Interlocal Agreement with Cameron County to transfer 0.2825 acres currently used as retention pond for the  purpose of building a Tax Assessor Collector's Office in the Southmost area.

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

X.E.1. Recommend approval to exercise the option to extend RFQ #19-116 Comprehensive Annual Financial Report for Fiscal Year 2020-2021 and Fiscal Year 2021-2022 to Cascos and Associates, PC, Brownsville, Texas, for an additional two (2) years term to expire on April 2023. (Annual RFQ)

X.E.2. Recommending approval to exercise the option to renew Bid #19-049 Armored Car Services District-wide to Rochester Armored Car, Co., Inc., for an additional one (1) year term to expire on April 2022. (Annual Bid)

X.E.3. Recommend awarding of CSP #21-134 Elementary Mini-Gyms HVAC and Restroom Addition, Group I to Scoggins Construction, Co., Inc., of Harlingen, Texas, in the amount not to exceed $4,680,000.00, to authorize the Administration to enter into negotiations, and to execute the contract. Funding to be paid from Tax Rate Increase Fund 188.

X.E.4. Discussion, consideration and possible action regarding the proposed timeline for RFQ 21-130, Delinquent Ad Valorem Tax Attorney Services and RFQ 21-131, Legal Board Advisor Services.

X.E.5. Recommend approval to rescind RFQ #20-119 Mechanical/Electrical/Plumbing Engineering Services to Ethos Engineering, Harlingen, Texas, Sigma HN Engineering, McAllen, Texas, and Halff Associates, Inc., McAllen, Texas.  (Annual RFQ)

X.E.6. Recommend approval to exercise the option to renew RFQ #20-119 Mechanical/Electrical/Plumbing (MEP) Engineering Services to Ethos Engineering, Harlingen, TX, Sigma HN Engineering, McAllen, TX, and Halff Associates, Inc., McAllen, TX. Services to be provided on a project by project rotational basis to expire June 30, 2021. (Annual RFQ)

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

XI.A. LEVEL IIII GRIEVANCE(S):

XI.A.1. Discussion, consideration and possible action regarding Level III Grievance No. 005/2020-2021 on D.D.

XI.B. PERSONNEL MATTER(S):

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

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

XI.B.3. Recommend approval of probationary contractual personnel for the 2020-2021 and 2021-2022 school year(s). Dean of Instruction-Lucio Middle School (replacing an existing FTE.) Subject to receipt of all outstanding documentation. (1)

XI.B.4. Recommend approval of probationary contractual personnel for the 2020-2021 and 2021-2022 school year(s)- Nurse (replacing an existing FTE). Subject to receipt of all outstanding documentation. (1)

XI.B.5. Recommend approval of chapter 21-term contractual personnel for the 2020-2021 and 2021-2022 school year(s) - Athletic Coordinator-Perkins Middle School (replacing an existing FTE). Subject to receipt of all outstanding documentation. (1)

XI.B.6. Recommend approval of chapter 21-term contractual personnel for the 2020-2021 and 2021-2022 school year(s) - Testing Coordinator-Rivera ECHS (replacing an existing FTE). Subject to receipt of all outstanding documentation. (1)

XI.B.7. Recommend approval of non-chapter 21 contractual personnel for the 2020-2021 and 2021-2022 school year(s)- Adult Basic Education (ABE) Manager (replacing an existing FTE).Subject to receipt of all outstanding documentation. (1)

XI.B.8. Recommend approval to accept the rescinding agreement of retirement effective June 11, 2021 from professional employee (J.G.)

XI.B.9. Recommend approval to accept the rescinding agreement of retirement effective June 11, 2021 from professional employee (O.G.).

XI.B.10. Recommend approval to accept the rescinding agreement of retirement effective June 11, 2021 from professional employee (R.L.).

XI.B.11. Recommend approval to accept the rescinding agreement of retirement effective June 11, 2021 from professional employee (T.U.).

XI.B.12. Recommend approval to accept the rescinding agreement of retirement effective June 11, 2021 from professional employee (J.W.).

XI.B.13. Recommend approval of campus professional staff for Chapter 21-probationary contracts for the 2021-2022 School Year.

XI.B.14. Recommend approval of campus professional staff for Chapter 21-term contracts for the 2021-2022 School Year.

XI.B.15. Recommend approval of department professional staff for Chapter 21-probationary contracts for the 2021-2022 School Year.

XI.B.16. Recommend approval of department professional staff for Chapter 21-term contracts for the 2021-2022 School Year.

XI.B.17. Recommend approval of department professional staff for Non-chapter 21 contracts for the 2021-2022 School Year.

XI.B.18. Recommend approval for the proposed non-renewal of a term contract teacher (R.E.A.) at the end of the 2020-2021 School Year.

XI.B.19. Recommend approval for the proposed non-renewal of a term contract teacher (A.M.V.) at the end of the 2020-2021 School Year.

XI.B.20. Recommend approval to accept the rescinding agreement of retirement effective June 11, 2021 from professional employee   (L.L.) **

XI.B.21. Recommend approval to accept the rescinding agreement of retirement effective June 11, 2021 from professional employee  (B.V.)   **

XI.B.22. Recommend approval to accept the rescinding agreement of retirement effective June 11, 2021 from professional employee   (L.D.).   **

XI.B.23. Recommend approval to accept the rescinding agreement of retirement effective June 30, 2021 from classified employee  (I.J.)  **

XII. BOARD SELF-EVALUATION.

XIII. PERSONNEL UPDATE WITH SUPERINTENDENT: (Dr. Rene Gutierrez)

XIV. INTERNAL AUDITOR CONSULTATION

XV. ATTORNEY CONSULTATION

XV.A. Staff Attorney

XV.A.1. Discussion, consideration, and possible action regarding Leticia Rodriguez-Bohn v. Brownsville Independent School District.

XV.A.2. Discussion, consideration, and possible action regarding Elia Lopez, Individually, et al vs. Brownsville Independent School District.

XV.B. Board Attorney

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

XVII. Announcement(s).

XVIII. Adjournment.