Consent Agenda (Our adopted rules of Parliamentary Procedure, Robert's Rules, provide for a Consent Agenda listing several items for approval of the Board by a single motion. Documentation concerning these items has been provided to all Board members and the public in advance to assure an extensive and thorough review.) A. Approval of Minutes 1. July 14, 2020, Special Board of Trustees Meeting (First Meeting - Closed) 2. July 14, 2020, Special Board of Trustees Meeting B. Adoption of Proposed Revisions to Board Policies (District Policies may be found at www.episd.org under the EPISD Board tab) 1. Adoption of Proposed Revisions to Board Policy DIA (Local): Employee Welfare, Freedom from Discrimination, Harassment, and Retaliation (Revisions reflect changes in the law and are recommended by the Texas Association of School Boards Policy Service as part of Update 115) 2. Adoption of Proposed Revisions to Board Policy FB (Local): Equal Educational Opportunity (Revisions reflect changes in the law and are recommended by the Texas Association of School Boards Policy Service as part of Update 115) 3. Adoption of Proposed Revisions to Board Policy FEB (Local): Attendance, Attendance Accounting (Revisions reflect changes in the law) 4. Adoption of Proposed Revisions to Board Policy FFG (Local): Student Welfare, Child Abuse and Neglect (Revisions reflect changes in the law) 5. Adoption of Proposed Revisions to Board Policy FFH (Local): Student Welfare, Freedom from Discrimination, Harassment, and Retaliation (Revisions reflect changes in the law and are recommended by the Texas Association of School Boards Policy Service as part of Update 115) C. Approval of Budget Amendments 1. Approval of Budget Amendment to Roll-Forward Funding from Fiscal Year 2020 (Restricted & Unrestricted Fund Balance - $57,617,363) (Amendment will provide proper funding for previously encumbered purchase orders) 2. Approval of Budget Amendment to Allocate Funds for Professional Development Related Costs, Personnel Costs, Technology and COVID-19 Related Supplies & Equipment (General Operating Fund - $2,851,400.00) (Amendment will provide adequate funding for District operations) D. Approval of Revisions to 2020-2021 Student Code of Conduct (To implement updates to the Student Code of Conduct) F. Approval of Texas Workforce Commission Jobs and Education for Texans 2020-2021 Grant (Texas Workforce Commission - $72,886.00) (To furnish two Career and Technical Education computer laboratories for students seeking education in the field of cybersecurity) H. Approval of Revisions to 2020-2021 Extra Performance Pay/Instructional Stipends (Provide compensation for EPISD employees) I. 2019-2020 Internal Audit Annual Report (To provide the Board of Trustees a report on the Internal Audit Department’s plan and performance relative to its plan, in accordance with the Internal Audit Charter [Board Policy CFC Exhibit]) K. Approval of Interlocal Agreement between El Paso Independent School District and Emergence Health Network for School Based Behavioral Health Services (To provide counseling services to the District’s at-risk youth) L. Approval of Extension of Memorandum of Understanding between El Paso Independent School District and Project Vida Health Center (To provide counseling programs to the District’s at-risk youth) M. Approval of Amendment to Memorandum of Agreement between El Paso Independent School District and El Paso Community College (EPCC) for Emergency Medical Technician (EMT) Class Instruction for the 2020-2021 School Year (Budgeted Local Funds - $13,942.00) (To provide EMT courses for District high school students) N. Approval of Legal Service Retainer Agreement between El Paso Independent School District and Walsh Gallegos Trevino Russo & Kyle P.C. Legal Counsel for Special Education and Other Matters (Operating Funds - $1,000.00) (To retain counsel with regard to Special Education and other matters) O. Approval to Authorize the Superintendent or Designee to Execute Letter Regarding Minor Boundary Modification Application to Foreign Trade Zone N. 68 for VRP Transportation (To execute a letter of support on behalf of the District for a minor boundary modification application to Foreign Trade Zone No. 68 for VRP Transportation) P. Approval of Sixth Amendment for Industrial Lease between El Paso Independent School District and City of El Paso/ El Paso International Airport (EPIA) (The Industrial Site Lease will clarify what actions EPISD will need to complete to meet the terms of the lease, specifically Article IX, Rights Upon Expiration) Q. Approval of El Paso Electric Company Underground Easement (Work Request No. DT005091) to Austin High School, 3500 Memphis, El Paso, Texas, Project No. 17.622 (Approval of this easement will allow provisions for electrical service in support of the 2016 Bond construction) R. Approval of Change Order No. 04 for Planetarium Relocation to Crosby ES, CSP No. 20-003, Project No. 18.643, to Medlock Commercial Contractors, for $88,944.64 and an Extension of Sixty (60) Calendar Days (Adjustment of cost greater than or equal to $50,000.00 or the aggregate above fifteen percent [15%] of the original contract value and construction time extensions exceeding thirty (30) calendar days in the aggregate require Board approval) S. Approval of Change Orders Previously Approved by El Paso Independent School District Administrative Public Facility Corporation for EPISD New Administration Building, 1014 N. Stanton, CMAR #18-029, Project No. 17.634b (Approval of change orders is required by the Lease with Option to Purchase between El Paso Independent School District Administrative Public Facility Corporation and El Paso Independent School District) T. Purchases Requiring Board Approval 1. Approval to Purchase Physical Therapy, Occupational Therapy, and Speech Language Pathologist Services Utilizing Education Service Center (ESC) Region 19 Allied States Cooperative (ASC) RFP #15-7176 (Administration Recommendation: Rio Grande Therapy Group) (Budgeted State Funds - $171,979.00) (To comply with Individuals with Disabilities Education Act [IDEA], students must receive services as stipulated in their Individual Education Plan [IEP]) 2. Approval to Purchase Occupational and Speech Language Pathologist Services Utilizing Education Service Center (ESC) Region 19 Allied States Cooperative (ASC) RFP #15-7176 (Administration Recommendation: Rio Grande Therapy Group) (Budgeted State and Local Funds - $200,000.00) (To comply with Individuals with Disabilities Education Act (IDEA), students must receive services as stipulated in their Individual Education Plan [IEP]) 3. Approval of Interlocal Cooperative Agreement with The University of Texas at Austin (UT Austin) for the 2020-2021 OnRamps Cooperative Program Agreement (Budgeted Federal, State, and Local Funds - $355,000.00) (To provide OnRamps courses at all EPISD high schools. OnRamps offers the opportunity for high school students to earn high school credit from their District and the opportunity to earn college credits from The University of Texas at Austin [UT Austin] through a distance education course) 4. Approval of Expenditures for Engage Learning, Inc., for Consulting Services for Fiscal Year 2020- 2021, Utilizing Region 19 Allied States Cooperative RFP No. 15-7176, Consulting, Contracting, Staff Development & Related (Supplemental) (Budgeted Federal Funds - $199,067.00) (To improve students’ math success at the middle school grade levels) 5. Approval to Purchase SAT Suite of Assessments from College Board for Fiscal Year 2020-2021, Utilizing Socorro Independent School District Contract #E1956, Gifted and Talented Materials, Supplies, and Services (Budgeted Local Funds - $443,080.00) (To improve students' success with college readiness - The SAT suite of assessments help students see where they can improve, and teachers adjust instruction for students who are either ahead or behind) 6. Approval of Expenditures to Apple, Inc., Utilizing State of Texas Department of Information Resources (DIR) Contract #DIR-TSO-3789 (Budgeted Federal, State, Local, Bond, and Grant Funds - $4,000,000.00) (To support District resources using Apple platform and products) 7. First Option to Extend RFP #19-051 Worker’s Compensation Claims – Third Party Administration (TPA) Services and Workers’ Compensation Cost Containment Services to Athens Administrators (Self-Insured Workers’ Compensation Fund -$395,085.00) (To continue to provide Workers’ Compensation Claims – Third Party Administration (TPA) Services and Workers’ Compensation Cost Containment Services) 9. Approval of Award of Educators Legal Liability Insurance RFP #20-044 (Administration's Recommendation - National Union Fire Insurance Company of Pittsburgh, PA, through USI Southwest, Inc.) (Budgeted Local Funds - $161,910.00) (To purchase insurance policies necessary to protect the District)
Approval of Annual Maximum Class Size Exception Waivers for the 2020-2021 School Year from the Texas Education Agency (The El Paso Independent School District is required to submit a class size waiver if any class for grades Kindergarten through Fourth exceeds the allowable class size limit of 22 students per class [22:1])
Adoption of Resolution of the Board of Trustees of El Paso Independent School District Regarding Wages and Salaries of District Employees as District Transitions Instruction During Fall Semester (To consider continued compensation or wage payments to all District staff whose duties may be modified during the transition to student instruction)
Approval of Suspension of Board Policy CFC (Local): Accounting Audits, Chief Internal Auditor Yearly Evaluation, for 2019-2020 School Year Due to COVID-19 (To request approval to suspend Policy CFC (Local): Accounting Audits, Chief Internal Auditor Yearly Evaluation, for the 2019-2020 school year due to the circumstances related to COVID-19)
Award of Property Insurance RFP #20-030 (Administrative Recommendation: Property Insurance - Ace Westchester Insurance Company and Boiler & Machinery/Equipment Breakdown to Continental Casualty Insurance Company, through their Local Representative, USI Southwest, Inc.) (Budgeted Local Funds - $1,529,905.00) (To purchase property insurance necessary to protect the District)
Public Meeting Public Meeting to Discuss the 2020-21 District Proposed Tax Rate (Texas Education Code Section 44.044 and Board Policy CE (Legal) require an open meeting to discuss the budget and proposed tax rate)
Action Items Discuss and Take Appropriate Action on a Resolution Adopting the 2020-21 Property Tax Rate (Texas Education Code Section 45.002 and Board Policy CCG (Legal) require that the District adopt the tax rate before September 30, 2020)
Discuss and Take Appropriate Action on Renaming Robert E. Lee Elementary School (To discuss and take appropriate action on renaming Robert E. Lee Elementary School)
Discuss and Take Appropriate Action on Request to Extend Remote Only Instruction (To request Board approval to extend remote only instruction from the current three week period to a total of eight weeks, and request approval to submit the required waiver to the Texas Education Agency for this extension)
Discuss and Take Appropriate Action on Hybrid Only Option for High Schools (To request Board approval to submit the waiver requesting campus hybrid instruction for grades 9-12)
Discuss and Take Appropriate Action on Submission of Asynchronous Planning Document to the Texas Education Agency (To obtain Board approval of the Asynchronous Learning Plan in order to apply for approval and receive the waiver for funding for remote attendance from the Texas Education Agency for the 2020-2021 school year)
Discuss and Take Appropriate Action on Approval of Phase 2 of Guaranteed Energy Savings Performance Contracting Services, RFQ No. 18-006, Project No. 17.653, to ABM Building Services, LLC (Capital Lease Funds - $9,562,055.00) (Approval is needed to proceed with Phase 2 of the project)
School District Authorizing the Execution and Delivery of an Equipment Lease/Purchase Agreement with Respect to the Acquisition, Financing and Leasing of Certain Equipment for the Public Benefit; Refinancing an Existing Agreement; Authorizing the Execution and Delivery of Documents Required in Connection Therewith; and Authorizing the Taking of All Other Actions Necessary to the Consummation of the Transactions Contemplated by the Resolution (General Fund Revenue - $11,693,400 to be Paid Over 15 Years) (The District would like to secure U.S. Bancorp financing for energy conservation measures to be installed under a guaranteed performance contract with ABM Technical Solutions
8. Reports A. Update on School Facility Planning and Construction - 2016 Bond Program Update (To provide the Board a 2016 Bond Program Update) 9. Adjournment
Aug 11, 2020 Board of Trustees
Consent Agenda (Our adopted rules of Parliamentary Procedure, Robert's Rules, provide for a Consent Agenda listing several items for approval of the Board by a single motion. Documentation concerning these items has been provided to all Board members and the public in advance to assure an extensive and thorough review.) A. Approval of Minutes 1. July 14, 2020, Special Board of Trustees Meeting (First Meeting - Closed) 2. July 14, 2020, Special Board of Trustees Meeting B. Adoption of Proposed Revisions to Board Policies (District Policies may be found at www.episd.org under the EPISD Board tab) 1. Adoption of Proposed Revisions to Board Policy DIA (Local): Employee Welfare, Freedom from Discrimination, Harassment, and Retaliation (Revisions reflect changes in the law and are recommended by the Texas Association of School Boards Policy Service as part of Update 115) 2. Adoption of Proposed Revisions to Board Policy FB (Local): Equal Educational Opportunity (Revisions reflect changes in the law and are recommended by the Texas Association of School Boards Policy Service as part of Update 115) 3. Adoption of Proposed Revisions to Board Policy FEB (Local): Attendance, Attendance Accounting (Revisions reflect changes in the law) 4. Adoption of Proposed Revisions to Board Policy FFG (Local): Student Welfare, Child Abuse and Neglect (Revisions reflect changes in the law) 5. Adoption of Proposed Revisions to Board Policy FFH (Local): Student Welfare, Freedom from Discrimination, Harassment, and Retaliation (Revisions reflect changes in the law and are recommended by the Texas Association of School Boards Policy Service as part of Update 115) C. Approval of Budget Amendments 1. Approval of Budget Amendment to Roll-Forward Funding from Fiscal Year 2020 (Restricted & Unrestricted Fund Balance - $57,617,363) (Amendment will provide proper funding for previously encumbered purchase orders) 2. Approval of Budget Amendment to Allocate Funds for Professional Development Related Costs, Personnel Costs, Technology and COVID-19 Related Supplies & Equipment (General Operating Fund - $2,851,400.00) (Amendment will provide adequate funding for District operations) D. Approval of Revisions to 2020-2021 Student Code of Conduct (To implement updates to the Student Code of Conduct) F. Approval of Texas Workforce Commission Jobs and Education for Texans 2020-2021 Grant (Texas Workforce Commission - $72,886.00) (To furnish two Career and Technical Education computer laboratories for students seeking education in the field of cybersecurity) H. Approval of Revisions to 2020-2021 Extra Performance Pay/Instructional Stipends (Provide compensation for EPISD employees) I. 2019-2020 Internal Audit Annual Report (To provide the Board of Trustees a report on the Internal Audit Department’s plan and performance relative to its plan, in accordance with the Internal Audit Charter [Board Policy CFC Exhibit]) K. Approval of Interlocal Agreement between El Paso Independent School District and Emergence Health Network for School Based Behavioral Health Services (To provide counseling services to the District’s at-risk youth) L. Approval of Extension of Memorandum of Understanding between El Paso Independent School District and Project Vida Health Center (To provide counseling programs to the District’s at-risk youth) M. Approval of Amendment to Memorandum of Agreement between El Paso Independent School District and El Paso Community College (EPCC) for Emergency Medical Technician (EMT) Class Instruction for the 2020-2021 School Year (Budgeted Local Funds - $13,942.00) (To provide EMT courses for District high school students) N. Approval of Legal Service Retainer Agreement between El Paso Independent School District and Walsh Gallegos Trevino Russo & Kyle P.C. Legal Counsel for Special Education and Other Matters (Operating Funds - $1,000.00) (To retain counsel with regard to Special Education and other matters) O. Approval to Authorize the Superintendent or Designee to Execute Letter Regarding Minor Boundary Modification Application to Foreign Trade Zone N. 68 for VRP Transportation (To execute a letter of support on behalf of the District for a minor boundary modification application to Foreign Trade Zone No. 68 for VRP Transportation) P. Approval of Sixth Amendment for Industrial Lease between El Paso Independent School District and City of El Paso/ El Paso International Airport (EPIA) (The Industrial Site Lease will clarify what actions EPISD will need to complete to meet the terms of the lease, specifically Article IX, Rights Upon Expiration) Q. Approval of El Paso Electric Company Underground Easement (Work Request No. DT005091) to Austin High School, 3500 Memphis, El Paso, Texas, Project No. 17.622 (Approval of this easement will allow provisions for electrical service in support of the 2016 Bond construction) R. Approval of Change Order No. 04 for Planetarium Relocation to Crosby ES, CSP No. 20-003, Project No. 18.643, to Medlock Commercial Contractors, for $88,944.64 and an Extension of Sixty (60) Calendar Days (Adjustment of cost greater than or equal to $50,000.00 or the aggregate above fifteen percent [15%] of the original contract value and construction time extensions exceeding thirty (30) calendar days in the aggregate require Board approval) S. Approval of Change Orders Previously Approved by El Paso Independent School District Administrative Public Facility Corporation for EPISD New Administration Building, 1014 N. Stanton, CMAR #18-029, Project No. 17.634b (Approval of change orders is required by the Lease with Option to Purchase between El Paso Independent School District Administrative Public Facility Corporation and El Paso Independent School District) T. Purchases Requiring Board Approval 1. Approval to Purchase Physical Therapy, Occupational Therapy, and Speech Language Pathologist Services Utilizing Education Service Center (ESC) Region 19 Allied States Cooperative (ASC) RFP #15-7176 (Administration Recommendation: Rio Grande Therapy Group) (Budgeted State Funds - $171,979.00) (To comply with Individuals with Disabilities Education Act [IDEA], students must receive services as stipulated in their Individual Education Plan [IEP]) 2. Approval to Purchase Occupational and Speech Language Pathologist Services Utilizing Education Service Center (ESC) Region 19 Allied States Cooperative (ASC) RFP #15-7176 (Administration Recommendation: Rio Grande Therapy Group) (Budgeted State and Local Funds - $200,000.00) (To comply with Individuals with Disabilities Education Act (IDEA), students must receive services as stipulated in their Individual Education Plan [IEP]) 3. Approval of Interlocal Cooperative Agreement with The University of Texas at Austin (UT Austin) for the 2020-2021 OnRamps Cooperative Program Agreement (Budgeted Federal, State, and Local Funds - $355,000.00) (To provide OnRamps courses at all EPISD high schools. OnRamps offers the opportunity for high school students to earn high school credit from their District and the opportunity to earn college credits from The University of Texas at Austin [UT Austin] through a distance education course) 4. Approval of Expenditures for Engage Learning, Inc., for Consulting Services for Fiscal Year 2020- 2021, Utilizing Region 19 Allied States Cooperative RFP No. 15-7176, Consulting, Contracting, Staff Development & Related (Supplemental) (Budgeted Federal Funds - $199,067.00) (To improve students’ math success at the middle school grade levels) 5. Approval to Purchase SAT Suite of Assessments from College Board for Fiscal Year 2020-2021, Utilizing Socorro Independent School District Contract #E1956, Gifted and Talented Materials, Supplies, and Services (Budgeted Local Funds - $443,080.00) (To improve students' success with college readiness - The SAT suite of assessments help students see where they can improve, and teachers adjust instruction for students who are either ahead or behind) 6. Approval of Expenditures to Apple, Inc., Utilizing State of Texas Department of Information Resources (DIR) Contract #DIR-TSO-3789 (Budgeted Federal, State, Local, Bond, and Grant Funds - $4,000,000.00) (To support District resources using Apple platform and products) 7. First Option to Extend RFP #19-051 Worker’s Compensation Claims – Third Party Administration (TPA) Services and Workers’ Compensation Cost Containment Services to Athens Administrators (Self-Insured Workers’ Compensation Fund -$395,085.00) (To continue to provide Workers’ Compensation Claims – Third Party Administration (TPA) Services and Workers’ Compensation Cost Containment Services) 9. Approval of Award of Educators Legal Liability Insurance RFP #20-044 (Administration's Recommendation - National Union Fire Insurance Company of Pittsburgh, PA, through USI Southwest, Inc.) (Budgeted Local Funds - $161,910.00) (To purchase insurance policies necessary to protect the District)
Approval of Annual Maximum Class Size Exception Waivers for the 2020-2021 School Year from the Texas Education Agency (The El Paso Independent School District is required to submit a class size waiver if any class for grades Kindergarten through Fourth exceeds the allowable class size limit of 22 students per class [22:1])
Adoption of Resolution of the Board of Trustees of El Paso Independent School District Regarding Wages and Salaries of District Employees as District Transitions Instruction During Fall Semester (To consider continued compensation or wage payments to all District staff whose duties may be modified during the transition to student instruction)
Approval of Suspension of Board Policy CFC (Local): Accounting Audits, Chief Internal Auditor Yearly Evaluation, for 2019-2020 School Year Due to COVID-19 (To request approval to suspend Policy CFC (Local): Accounting Audits, Chief Internal Auditor Yearly Evaluation, for the 2019-2020 school year due to the circumstances related to COVID-19)
Award of Property Insurance RFP #20-030 (Administrative Recommendation: Property Insurance - Ace Westchester Insurance Company and Boiler & Machinery/Equipment Breakdown to Continental Casualty Insurance Company, through their Local Representative, USI Southwest, Inc.) (Budgeted Local Funds - $1,529,905.00) (To purchase property insurance necessary to protect the District)
Public Meeting Public Meeting to Discuss the 2020-21 District Proposed Tax Rate (Texas Education Code Section 44.044 and Board Policy CE (Legal) require an open meeting to discuss the budget and proposed tax rate)
Action Items Discuss and Take Appropriate Action on a Resolution Adopting the 2020-21 Property Tax Rate (Texas Education Code Section 45.002 and Board Policy CCG (Legal) require that the District adopt the tax rate before September 30, 2020)
Discuss and Take Appropriate Action on Renaming Robert E. Lee Elementary School (To discuss and take appropriate action on renaming Robert E. Lee Elementary School)
Discuss and Take Appropriate Action on Request to Extend Remote Only Instruction (To request Board approval to extend remote only instruction from the current three week period to a total of eight weeks, and request approval to submit the required waiver to the Texas Education Agency for this extension)
Discuss and Take Appropriate Action on Hybrid Only Option for High Schools (To request Board approval to submit the waiver requesting campus hybrid instruction for grades 9-12)
Discuss and Take Appropriate Action on Submission of Asynchronous Planning Document to the Texas Education Agency (To obtain Board approval of the Asynchronous Learning Plan in order to apply for approval and receive the waiver for funding for remote attendance from the Texas Education Agency for the 2020-2021 school year)
Discuss and Take Appropriate Action on Approval of Phase 2 of Guaranteed Energy Savings Performance Contracting Services, RFQ No. 18-006, Project No. 17.653, to ABM Building Services, LLC (Capital Lease Funds - $9,562,055.00) (Approval is needed to proceed with Phase 2 of the project)
School District Authorizing the Execution and Delivery of an Equipment Lease/Purchase Agreement with Respect to the Acquisition, Financing and Leasing of Certain Equipment for the Public Benefit; Refinancing an Existing Agreement; Authorizing the Execution and Delivery of Documents Required in Connection Therewith; and Authorizing the Taking of All Other Actions Necessary to the Consummation of the Transactions Contemplated by the Resolution (General Fund Revenue - $11,693,400 to be Paid Over 15 Years) (The District would like to secure U.S. Bancorp financing for energy conservation measures to be installed under a guaranteed performance contract with ABM Technical Solutions
8. Reports A. Update on School Facility Planning and Construction - 2016 Bond Program Update (To provide the Board a 2016 Bond Program Update) 9. Adjournment