February 7, 2023 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, February 7, 2023, with any corrections/deletions.

VI. Superintendent's Report:  * SB1566

VI.A. Conference Presentations:

VI.A.1. Recognition of Tipton Motors, Inc. for their support of BISD students’ success in Automotive Technology.

VI.A.2. Recognition of Texas Music Educators Association (TMEA) All-State Musicians for 2023.

VI.A.3. Recognition of Vela Middle School State Honor Band Placing 6th in State TMEA Competition.

VI.A.4. Recognition of Career and Technical Education (CTE) Staff during CTE Month.

VI.A.5. Recognition of 2022 BISD Mock Trial District Competition.

VI.A.6. Presentation of the Brownsville Independent School District Financial Report for the period ended January 31, 2023.

VI.A.7. Brownsville Independent School District Quarterly Investment Report for the period ended December 31, 2022.

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 three minutes on the first speaking opportunity and two 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. Consent Agenda:

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

IX.A.1. Recommend approval to authorize Administration to accept Elementary Mini Gyms HVAC and Restroom Addition Group I Project as substantially complete.

IX.A.2. Recommend approval to authorize Administration to move forward with the listed projects as discussed on January 25, 2023, during the Facilities Committee Meeting, to secure engineering services through the Request for Qualifications (RFQ) process, and to select the Competitive Sealed Proposal as a delivery method as authorized by the Texas Government Code under Chapter 2269 for Construction Services, in the amount of $4,040,794.00.  Funding to be from Local 197 Funds.

IX.A.3. Recommend approval to accept a donation of four (4) used automobiles by Tipton Motors, Inc. No cost to the District.

IX.A.4. Recommend approval to adopt (Second Reading) TASB Update 120 Local Policies; (Fourth Reading) DCD (LOCAL) and FDB (LOCAL) and (Second Reading) DEC (LOCAL) and DGBA (LOCAL).  A Policy Committee Meeting was held on September 21, 2022; October 4, 2022; and February 1, 2023.

IX.A.5. Recommend approval to accept the $382,252.00 Bullet Resistant Shield Grant from The State of Texas, Office of the Governor to purchase bullet-resistant shields for Peace Officers from January 01, 2023 to December 31, 2023 at no cost to the District.

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

IX.B.1. Recommend the approval of payments for construction services and/or engineering services throughout the district in the total amount of $579,154.42.

IX.C. Recommend approval of Budget Amendments:

IX.C.1. Recommend approval of Budget Amendment #018 in the amount of $7,000,000.00 for Local Funds. (Unassigned Fund Balance)

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

IX.D.1. Recommend approval to accept the $99,042.00 Silent Panic Alert Technology Grant from TEA to purchase silent panic alert technologies for all campuses as a measure of school safety from December 01, 2022 to June 30, 2024 at no cost to the District.

IX.D.2. Recommend approval to enter into a memorandum of understanding between Tipton Motors, Inc. and the Brownsville Independent School District beginning the 2022-2023 school year, and will be automatically renewed unless thirty (30) days written notice of termination is given by either Party, at no cost to the District. *

IX.D.3. Recommended approval of the UTRGV Project MHS ACCES, interns in School Psychology, Counseling, or Social Work to participate in a series of counseling-related services with our BISD Students. Grant period from 01/01/2023 to 12/31/2027.  *

IX.D.4. Recommend approval for the Workforce Solutions Cameron/Texas Rising Star Provider agreement for Brownsville Independent School District to receive the reimbursement funds of up to $80,000.00 for Daycare Services at Lincoln Park High School. (Mr. Salinas Office) *

IX.D.5. Recommend approval of Memorandum of Understanding and Partnership Agreement between UTRGV and Brownsville I.S.D. for Educational Experience affiliation and Teacher Preparation Program. (No Cost to the District)

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

IX.E.1. Recommend renewal of 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 and to authorize the Administration to negotiate the service fee and execute the contract on a rotational, project by project basis. The term of the contract will be effective from February 7, 2023 through February 7, 2024. This is the 3rd year of a three (3) year award.

IX.E.2. Recommend renewal of 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, and to authorize the Administration to negotiate the service fee and execute the contract on a rotational, project by project basis. The term of the contract will be effective from February 7, 2023 through February 7, 2024. This is the 3rd year of a three (3) year award.

IX.E.3. Recommend renewal of 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, and to authorize the Administration to negotiate the service fee and execute the contract on a rotational, project by project basis. The term of the contract will be effective from February 7, 2023 through February 7, 2024. This is the 3rd year of a three (3) year award.

IX.E.4. Recommend renewal of RFQ #22-073R Consulting Services for Indoor Air Quality Sample Collection Analysis and Reporting for Asbestos Abatement District-wide to Terracon Consultants, Inc., of Pharr, Texas, and Millennium Engineers Group (MEG) of Edinburg, Texas, and to authorize the Administration to negotiate the service fee and execute the contract on a rotational, project by project basis. The contract term will be effective from February 7, 2023 through February 7, 2024, with the option to renew for an additional one (1) year.

IX.E.5. Recommend renewal Bid #22-076 A/C Control System District-wide to several vendors. The term of the contract will be effective from February 7, 2023 through February 7, 2024, with the option to renew for (1) additional year.

IX.E.6. Recommend renewal of Bid #22-106 Trenching and Boring Services District-wide to several vendors. The term of the contract will be effective from February 7, 2023 through February 7, 2024, with the option to renew for additional one (1) year.

IX.E.7. Recommend awarding Bid #23-014 Paper Multipurpose and Color Printing Supplies and Materials District-wide to several vendors. Annual Bid)

IX.E.8. Recommend awarding Bid #23-015 Career and Technical Education Supplies and Materials District-wide to several vendors. (Annual Bid)

IX.E.9. Recommend awarding Bid #23-047 Printing Services/Related Items District-wide to several vendors. (Annual Bid)

IX.E.10. Recommend awarding Bid #23-048 Employee Uniforms District-wide to several vendors. (Annual Bid)

IX.E.11. Recommend awarding Bid #23-049 Armored Car Services District-wide to Rochester Armored Car Co., Inc. Omaha, NE. The term of this contract is effective February 7, 2023 through February 7, 2025, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.

IX.E.12. Recommend awarding Bid #23-060 Building Supplies and Materials District-wide to several vendors.  The term of this contract is effective February 7, 2023 through February 7, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement. 

IX.E.13. Recommend awarding Bid #23-080R Glazing Supplies/Materials District-wide to several vendors and cast lots for item #33 of said bid. The term of this contract is effective February 7, 2023 through February 7, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.

IX.E.14. Recommend awarding Bid #23-084R Parts/Repair Services for Ground and Heavy Maintenance Equipment District-wide to several vendors. The term of this contract is effective February 7, 2023 through February 7, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.

IX.E.15. Recommend awarding Bid #23-085 HVAC and Chiller/Supplies/Materials District-wide to several vendors. The term of this contract is effective February 7, 2023 through February 7, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.

IX.E.16. Recommend awarding Bid #23-086 HVAC and Chiller Preventive Maintenance District-wide to several vendors.  The term of this contract is effective February 7, 2023 through February 7, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement. 

IX.E.17. Recommend awarding Bid #23-088 Plumbing Supplies District-wide to several vendors. The term of this contract is effective February 7, 2023 through February 7, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.

IX.E.18. Recommend awarding Bid #23-089 Door/Repair/Replacement District-wide to several vendors. The term of this contract is effective February 7, 2023 through February 7, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.

IX.E.19. Recommend awarding Bid #23-098 Facilities Maintenance Repair Services District-wide to several vendors. The term of this contract is effective February 7, 2023 through February 7, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.

IX.E.20. Recommend awarding Bid #23-099 Construction Supplies and Materials District-wide to several vendors. The term of this contract is effective February 7, 2023 through February 7, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.

IX.E.21. Recommend awarding Bid #23-102 Network Cabling Installation and Repairs District-wide to several vendors. The term of this contract is effective February 7, 2023 through February 7, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.

IX.E.22. Recommend awarding Bid #23-118 Contract Services for Cold Storage for Food and Nutrition Services Department to Lineage Logistics, Dallas, Texas, with local cold storage facility located in McAllen, Texas. (Annual Bid)

X. Board Member Request(s)

X.A. Conference Presentation(s):

X.A.1. Presentation on request made on playground usage. (Board Agenda Request Denise Garza/Board Support Daniella Lopez Valdez)

X.A.2. Provide update on BISD Day January 19, 2023 at the 88th Texas Legislation Session in Austin, TX.  (Board Agenda Request Daniella Lopez Valdez/Board Support Denise Garza).

X.B. Action Item(s):

X.B.1. Discussion and possible action to conduct an audit for funds allocated for curriculum and academic support for fiscal years 2020-2021,2022-2023, and the current fiscal year. (Board Agenda Request Carlos Elizondo/Board Support Frank Ortiz)

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 III GRIEVANCE(S):

XI.A.1. Discussion, consideration and possible action regarding the Level III Parent Grievance No. 002/22-23 on Lizette Lucio on behalf of Student M.A.L.

XI.A.2. Discussion, consideration and possible action regarding Level III Grievance No. 008/22-23 on H.H.

XI.B. PERSONNEL MATTER(S):

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

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

XI.B.3. Personnel Update with Superintendent (Dr. Rene Gutierrez)

XI.B.4. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) Athletic Coordinator (replaced existing FTE). Subject to receipt of all outstanding documentation. (1)

XI.B.5. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) Assistant Principal (replaced existing FTE). Subject to receipt of all outstanding documentation. (2)

XI.B.6. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) Counselor (replaced existing FTE). Subject to receipt of all outstanding documentation.(1)

XI.B.7. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) Dean of Instruction (replaced existing FTE). Subject to receipt of all outstanding documentation.(1)

XI.B.8. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Educational Diagnostician (replaced existing FTE). Subject to receipt of all outstanding documentation. (1) 

XI.B.9. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Principal (replaced existing FTE). Subject to receipt of all outstanding documentation. (1) 

XI.B.10. Recommend approval of non-chapter 21 contractual personnel for the 2022-2023 school year(s). Speech Language Pathologist (replaced existing FTE). Subject to receipt of all outstanding documentation. (1)

XI.B.11. Recommend approval of non-chapter 21 contractual personnel for the 2022-2023 school year(s) – Site Coordinator 21st Century CCLC (replaced existing FTE). Subject to receipt of all outstanding documentation. (2)

XI.B.12. Recommend to approve the proposed termination of the Probationary Chapter 21 contract of professional A.G., (Sixth Grade, Social Studies) for good cause for the 2022-2023 school year.

XI.C. ATTORNEY CONSULTATION

XI.C.1. Staff Attorney

XI.C.1.a. Discussion regarding lawsuit 2023-DCL-00242-A Omar Gonzalez vs. Brownsville Independent School District.

XI.C.2. Board Attorney:

XI.C.2.a. Legal Update with Board Counsel.

XI.D. INTERNAL AUDITOR CONSULTATION

XI.D.1. Status of past, ongoing and completed Board approved audits.

XI.E. Board Self Evaluation.

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

XIII. Announcement(s):

XIV. Adjournment.