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November 16, 2020 at 6:30 PM - Omaha Public Schools Board of Education and Educational Service Unit 19 Board Meeting

Agenda
A. OPS Board Of Education Information
Rationale: 

Notice to visitors: If you wish to speak, please obtain a “Request to be Heard” form from the entry table and return the completed form to the table attendant or the Board of Education Director.

The agenda will be kept current and available for public inspection in the office of the Secretary of the Board of Education at the Administrative Building during regular working hours. 

Board members may request specific agenda item(s) be moved to a different place on the agenda.  Please attend the entire meeting to ensure you hear discussion on a particular agenda item.

Pursuant to Section 84-1412 of the Nebraska Statutes, the public is hereby informed that a current copy of the Nebraska Open Meetings Act is posted in the Board meeting room on the north wall.

Agenda items are subject to reordering at discretion of the board president, please attend the entire meeting to ensure you're able to hear any discussion. If you would like to rehear any discussion, please listen to our podcast located on the District Web Page, district.ops.org.

B. Call to Order
C. Pledge of Allegiance
D. OPS Vision and Mission Statement
Rationale:  The Vision:  Every Student.  Every Day.  Prepared for Success.

The Mission:  Omaha Public Schools prepares all students to excel in college, career, and life.
E. Roll Call
E.1. Excused/Unexcused Absence
F. School Spotlight
Rationale:  The OPSProud Spotlight recognizes the approximately 150 Omaha Public Schools students who earned recognition as an Advanced Placement Scholar in the 2019-2020 school year.
G. Board and Superintendent Communications
G.1. Superintendent
Attachments: (2)
G.2. Board Members
H. Public Comment and Recognition
I. Consent Agenda
Rationale:  At this time, any Board member may request that any item in the consent agenda be removed from the consent agenda and be considered and voted on separately. 
I.1. Reading of Minutes
I.1.a. November 2, 2020 - Regular
Attachments: (1)
I.2. Approval of Agreement with Charles Drew Health Center, Inc. to Provide Assistance to Students and Staff within its Service Area who Test Positive for COVID as Part of the District's Optional Testing Program
Rationale: 

The Administration recommends approval of the attached agreement with Charles Drew Health Center, Inc. to provide assistance to students or staff who test positive for COVID as part of the District’s optional pilot testing program at King Science Middle School, McMillan Middle School, and Northwest High School. The District is partnering with Charles Drew during the pilot program since the pilot program only includes schools located in its service area. The agreement automatically expands the program to Charles Drew’s entire service area beginning with the second semester unless the District opts to terminate. The cost of the pilot program is $80,000. Following the pilot, the cost of the program will be $463,000. The District will fund the program with a combination of general fund and grant funding.

Attachments: (1)
I.3. Approval of Agreement with Total Wellness for COVID-19 Testing Services for JP Lord School Staff 
Rationale:  Staff recommends approval of the attached agreement with Total Wellness to provide weekly COVID-19 testing services for staff at JP Lord School. The testing is to occur one time per week from November 20, 2020 through May 21, 2021. The weekly cost of the contract is $6,500, with an estimated total cost of $156,000.  
Attachments: (1)
I.4. Approval of Alice Buffett Middle School and King Science Middle School from a 5-8 to a 6-8 Grade Configuration for the 2023-2024 School Year
Rationale:  Administration requests approval of the transition of Alice Buffett Middle School and King Science Middle School from a 5-8 to a 6-8 grade configuration for the 2023-2024 school year.
Attachments: (1)
I.5. Approval of Amendment No. 001 to the Agreement with McCarthy Building Companies, Inc. - 2018 Bond Program - New Middle School 42nd & Y Street Project for $9,997,412.00
Rationale:  Staff, Jacobs, and RDG Planning & Design recommend approval of Amendment No. 001, which includes site utilities, foundations, and structural steel work for a New Middle School located at 42nd & Y Street for a guaranteed maximum price (GMP) of $9,997,412.00. The substantial completion date in this Amendment is set for December 1, 2022 at the New Middle School 42nd & Y Street Project.

All construction costs are being paid by Funds 40 & 41, 2018 Bond Program.
I.6. Approval of Change Order No.001 - Bid No. P051-20 - District Camera Upgrades by Kidwell Inc. at Boyd Elementary School (Add $1,882.00) $65,085.00
Rationale:  Approval of Change Order No. 001 to the District Camera Upgrades is part of the 2019-2020 Budget Amendment approved by the Board of Education on February 3, 2020:

The following code is used on each Change Order item:

C - Completed
A - Authorized by architect/engineer and/or staff
P - Pending Board of Education approval

Project: Bid # P051-20 District Camera Upgrades at Boyd Elementary School
School: Boyd Elementary School
Contractor: Kidwell Inc.     
Fund: 1
Class: 937 2019-2020 Budget Amendment
 
    
School

Type

Status

Description

Type

Amount

Boyd
Elementary

OWNER

P
Provide labor, materials, and equipment to install conduit.
Add

$1,882.00
 

Total Amount of Change Order No. 001 - Add         $1,882.00   

       Original Contract Amount                                $63,203.00
       Previously Approved Changes                                 $0.00
       Change Order No. 001 - Add                            $1,882.00
       Total Revised Contract Amount                       $65,085.00   
       Amount Paid to Date                                                $0.00         
       Amount Remaining                                         $65,085.00 
I.7. Approval of Change Order No. 002 - Bid No. P051-20 - District Camera Upgrades by Kidwell Inc. at Central and South High Schools (Add $0.00) $65,085.00
Rationale:  Approval of Change Order No. 002 to the District Camera Upgrades is part of the 2019-2020 Budget Amendment approved by the Board of Education on February 3, 2020:

The following code is used on each change order item:

C - Completed
A - Authorized by architect/engineer and/or staff
P - Pending Board of Education approval

Project: Bid # P051-20 and 22 District Camera Upgrades at Central and South High Schools
School: Central and South High Schools
Contractor: Kidwell Inc.     
Fund: 1
Class: 937 2019-2020 Budget Amendment
 

School

Type

Status

Description

Type

Amount

Central
High
School

and

South
High School

OWNER

P
Exchange the order of installing cameras at Central and South High Schools.
Add

$0.00
 

Total Amount of Change Order No. 002 - Add                 $0.00   

       Original Contract Amount                                 $63,203.00
       Previously Approved Changes                           $1,882.00
       Change Order No. 002 - Add                                    $0.00
       Total Revised Contract Amount                       $65,085.00   
       Amount Paid to Date                                                $0.00         
       Amount Remaining                                         $65,085.00 

 
I.8. Approval of Contract with Blackboard pursuant to RFP No. 028-20 and RFP No. 029-20 for the District’s Website and Mass Communication Platform from November 2020 through June 2023
Rationale:  Omaha Public Schools entered contract negotiations with Blackboard following Board approval to do so on October 5, when the Board selected Blackboard's proposal for the district websites and mass communications platform. The agreement, through June 30, 2023, includes first year costs (through June 30, 2021) of $86,983.36, second year costs (July 1, 2021 through June 30, 2022) of $203,650.00, and third year costs (July 1, 2022 through June 30, 2023) of $203.650.00. Both grant and district funds will be used.
Attachments: (2)
I.9. Approval of Contract with MetLife for an Employee Paid Short Term Disability Insurance Program
Rationale:  The District recommends entering into the attached agreement with MetLife to provide eligible employees access to a short-term disability insurance policy.  This optional program would be available to any employee eligible for benefits and would provide coverage for short term medical issues that prevent an employee from working.  The entire cost of this optional policy will be covered by the employee with no direct cost to the District. 
Attachments: (2)
I.10. Approval of Contract with the Nebraska School Activities Association for the Omaha Public Schools to host the NSAA Boys' and Girls' State Track and Field Championships for the 2021 to 2025 School Years
Rationale:  Staff recommends approval of a contract with the Nebraska School Activities Association for the Omaha Public Schools to host the NSAA Boys' and Girls" State Track and Field Championships.  The contract will be effective for five years, from May 21, 2021 through May 24, 2025.  There is no cost to the District.
Attachments: (1)
I.11. Approval of Educational Specification & Schematic Design for the North High Magnet & Northwest High Magnet School Capital Improvements and Renovation Projects as Part of the 2018 Bond Program
Rationale:  Staff, Jacobs, and Jackson-Jackson & Associates, Inc. request approval of the Educational Specification and Schematic Design Documents for the North High Magnet & Northwest High Magnet School Capital Improvements and Renovation Projects.  The electronic Educational Specification and Schematic Design booklet is included for consideration.  Staff recommend approval of the Educational Specification and Schematic Design in order to proceed to the next phase of the design process, which is Design Development.
 
I.12. Approval of Grant Awards
Attachments: (1)
I.13. Approval of Proposed Staffing Adjustments
Rationale:  Administration recommends approval of the staffing recommendations found in the attached Staffing Adjustments.
Attachments: (1)
I.14.  Approval of Resolution 20-009 relating to Employee Contract Cancellation Hearing
Rationale: 

The Board of Education is in receipt of the certified record filed by a hearing officer selected in accordance with the provisions of Nebraska Revised Statute sections 79-840 to 79-842. The resolution sets forth the proposed timeframe and establishes the procedure to be followed at the Employee Contract Cancellation Hearing before the Board of Education.  The Board of Education will consider the resolution or other appropriate action. 

Attachments: (1)
I.15. Approval of Schematic Design for the Central High School Repurposing Space Project as Part of the 2018 Bond Program 
Rationale:  Staff, Jacobs, and Alley Poyner Macchietto Architecture request approval of the Schematic Design Documents for the Central High School Repurposing Space Project.  The electronic Schematic Design booklet is included for consideration.  Staff recommend approval of the Schematic Design in order to proceed to the next phase of the design process, which is Design Development.
 
I.16. Approval of Settlement Agreements Between the District and Adam (Last Name Redacted) on Behalf of Himself and as Parent and Next Friend of his Minor Child, relating to an Attack by Another Student at Burke High School
Rationale:  The Administration recommends approval of the attached Settlement Agreements negotiated by the parties during a recent mediation.  The Agreements are between 1) the father and the District and 2) the father on behalf of the student victim and the District.  The total settlement is in the amount of $550,000 and are split $535,000 to the student and $15,000 to the father.  The Agreements release the District from all claims and require approval by the County Court of Douglas County.  The District will cover costs up to its retention and United Educators, the District’s insurance carrier, will cover the balance.
I.17. Approval to Award Bid No. 20-056 to Shar Products and Southwest Strings for Intermediate String Instruments at Middle School for $150,736.40
Rationale: 
FUND:         158           Sherwood Foundation Grant
DEPT:          7198136   Music       
PROJECT:   435819    Musical Instruments & PD Sherwood
VENDOR:    Various Suppliers
AMOUNT:    $150,736.40

Staff recommends award of Bid No. 20-056 to Shar Products and Southwest Strings to purchase intermediate string instruments for middle school students in 5th through 8th grades. The District completed an extensive music program assessment to determine the specific needs for intermediate string instruments.

The District received (seven) 7 bid responses. Staff recommends award to two vendors. Staff awards the Violins and Violas to Shar Products and the Cello Outfit and Bass Outfit to Southwest Strings. These instruments provided by these vendors were of higher quality than the lower bidder. This is a one-time purchase using the Sherwood Foundation Grant. The total purchase price is $150,736.40.
 
Vendor Award 1 Items: Violins and Viola Award 2 Items: Cello Outfit Award 3 Items: Bass Outfit Total

Nielsen Violin Shop
$31,700.00 NC $44,100.00 NC

$40,800.00 NC
$116,600.00

K & S Music
$37,649.00 NC No Bid

No Bid
$37,649.00

Shar Music
$55,504.00* $53,424.00
$41,094.00 NC
$150,022.00

Dietze
$41,452.00 $48,258.00

$45,471.00
$135,181.00

Alamo
$57,746.30 NC $52,886.01 NC

$40,636.45 NC
$151,268.76

Southwest Strings
$58,185.80 $53,677.20**

$41,555.20**
$153,418.20

Washington Music Center
$62,199.00 NC $58,716.00 NC

$67,665.00 NC
$188,580.00

*Award of Bid 1 goes to Shar Products
 **Award of Bid 2 and Bid 3 goes to Southwest Strings
 NC: Non-compliant
 Complete bid documentation contact Yvonne Schuster@ops.org
 
I.18. Approval to Purchase Computer Laptops from Apple Inc. for Alice Buffett Middle School for $84,790.00
Rationale: 
FUND:             1                 General
PROGRAM:    1100            Regular Instruction
DEPT:              7062560     District Wide Technology 
CLASS:            938            2020-21 Budget Projects
VENDOR:        Apple Inc 
AMOUNT:        $84,790.00

Staff recommends the approval to purchase 96 Macbook Air devices from Apple Inc. for Alice Buffett Middle School.  This purchase aligns with the District’s one to one technology initiative and ensure staff have the devices to perform daily learning activities whether in the classroom or remote.  This purchase also continues the device refresh cycle for certified staff. In keeping with the provisions of Policy 7000, no bid was required for these purchases because Apple is a sole source provider.   The cost of the purchase is $84,790.00. 
 
I.19. Approval to Purchase Computer Laptops from Microsoft Corporation for Monroe Middle School  $93,644.96
Rationale: 
FUND:             1                  General
PROGRAM:    1100             Regular Instruction
DEPT:             7062560       District Wide Technology 
CLASS:           938              2020-21 Budget Projects
VENDOR:       Microsoft Corporation  
AMOUNT:       $93,644.96

Staff recommends the approval to purchase 76 laptop devices from Microsoft Corporation for Monroe Middle School, utilizing state contract pricing on the MN-WSCA-NASPO value point agreement. In keeping with the provisions of Policy 7000 V.(B), no bid was required for this purchase because Microsoft is included as a provider under the NASPO cooperative purchasing group. This purchase aligns with the Districts one to one technology initiative and ensure staff have the devices to perform daily learning activities whether in the classroom or remote. This purchase also continues the device refresh cycle for certified staff. The cost of the purchase is $ 93,644.96.
 
I.20. Approval to Purchase Computer Laptops from Riverside Technologies for Bryan High School $106,154.54  
Rationale: 
FUND:             1                General
PROGRAM:    1100           Regular Instruction
DEPT:             7062560     District Wide Technology 
CLASS:           938            2020-21 Budget Projects
VENDOR:        Riverside Technologies, Inc 
AMOUNT:        $106,154.54

Staff recommends the approval to purchase 131 laptop devices from Riverside Technologies, Inc. for Bryan High School, utilizing pricing from Bid No. 19-044, which was approved by the Board of Education on June, 17, 2019 with extended pricing for four years.  This purchase aligns with the Districts one to one technology initiative and ensure staff have the devices to perform daily learning activities whether in the classroom or remote.  This purchase also continues the device refresh cycle for certified staff. The cost of the purchase is $ 106,154.54. 
I.21. Approval to Purchase Computer Laptops from Riverside Technologies for Northwest High School $100,482.16 
Rationale: 
FUND:             1                 General
PROGRAM:    1100            Regular Instruction
DEPT:              7062560     District Wide Technology 
CLASS:            938            2020-21 Budget Projects
VENDOR:        Riverside Technologies, Inc 
AMOUNT:        $100,482.16

Staff recommends the approval to purchase 124 laptop devices from Riverside Technologies, Inc. for Northwest High School, utilizing pricing on Bid No. 19-044, which was approved by the Board of Education on June, 17, 2019 with extended pricing for four years.  This purchase aligns with the Districts one to one technology initiative and ensure staff have the devices to perform daily learning activities whether in the classroom or remote.  This purchase also continues the device refresh cycle for certified staff. The cost of the purchase is $ 100,482.16. 
 
I.22. Claims - School District of Omaha - Report A
Rationale:  It is recommended that the claims fo the School District of Omaha be approved as presented by the Central Administrative Staff.

A.  CLAIMS A REPORT
Attachments: (4)
I.23. Claims - School District of Omaha - Report B
Rationale:  It is recommended that the claims for the School District of Omaha be approved as presented by the Central Administrative Staff.

A.  CLAIMS B REPORT
Attachments: (1)
I.24. Claims - School District of Omaha - Report C
Rationale:  It is recommended that the claims for the School District of Omaha be approved as presented by the Central Administrative Staff.

A.  CLAIMS C REPORT
Attachments: (1)
I.25. Claims - Educational Service Unit No. 19
Rationale:  It is recommended that the claims for Educational Service Unit No. 19 be approved as presented by the Central Administrative Staff.
Attachments: (1)
I.26. Committee on Claims Audit Approval 11/16/2020
Rationale:  The Committee on Claims met on 11/16/2020 and approved the audit of claims conducted by the Secretary to the Board of Education. 
Attachments: (1)
J. Discussion and/or Action Items
J.1. Action Item(s)
J.1.a. Acceptance of the Offer from Elkco Properties for the Sale of 3262 Davenport, Omaha, NE 68102 (Formerly Yates Elementary School)
Rationale:  The Administration recommends acceptance of the offer from Elkco Properties in the amount of $630,000 for the sale of 3262 Davenport, Omaha, NE 68102 (formerly Yates Elementary School).  The Board declared the property surplus on June 15, 2020 and directed the Superintendent to engage Investor’s Realty to serve as the District’s Broker.  Investor’s Realty provided the District with a Broker’s Opinion of Value in the range of $600,600 to $737,100.  The District has received two offers on the property.  Elkco Properties has offered $630,000 with the intent of converting the existing facility into a Senior Living Center that maintains the current community garden and offers use of its community room for meetings, programs, lectures, social gatherings, health care services and other similar activities.   Yates Illuminates has offered $100,000 with the intent of building and curating "a community owned space that cultivates educational, creative, and expressive opportunities for all individuals to thrive."  The Administration’s recommendation is based on its belief that the significant difference in offers makes clear that accepting the Elkco offer complies with the Board’s fiduciary responsibility to act in the best interests of the entire District and the taxpayers that support us.  Approval of this recommendation shall authorize the Superintendent to oversee the preparation of the documents necessary to complete the sale, subject to a restrictive covenant which requires Elkco to comply with the educational uses set forth in its proposal for a period of ten years.  The President is authorized to sign the initial purchase agreement and such other documents necessary to complete the sale. Approval of the sale to Elkco Properties will require 2/3 vote of the entire Board.
Attachments: (1)
J.1.b. Request Approval of First Reading for Policy 1210 Title IX 
Rationale:  Central Office Staff will provide information and recommend changes to Policy 1210, Title IX.    
Attachments: (2)
J.1.c. Request Approval of First Reading for Policies 1200, 4000s, and 5420
Rationale:  The Policy Committee recommends approval of policies 1200, all 4000s, and 5420.
Attachments: (80)
J.1.d. Approval of Resolution 20-008 - Suspension of Evaluations for Tenured Teachers for the 2020-2021 School Year
Rationale:  The District recommends the Board of Education adopt the proposed resolution that suspends the appraisal process for all permanent certificated staff (veteran teachers beyond the third year teaching within the District) during the 2020-2021 school year only.  This action will reduce workload for certificated staff across the District.   Probationary Certificated Staff (those in their first three years of teaching with the District) will continue to be evaluated as required by state law. 
Attachments: (1)
J.1.e. Approval of Lease Agreements with Goodwill Industries, Inc. for Use by the Omaha Public Schools Transition Program
Rationale: 
FUND:           Special Education
DEPT:           Curriculum Instruction & Support: Special Education
PROGRAM:       
VENDOR:     Goodwill Industries, Inc.
 AMOUNT:    $2,800.00 per month or $11,200.00 total

Staff recommends approval of the attached Lease Agreements with Goodwill Industries, Inc. for the use of conference room and training room space in three (3) of their facilities to socially distance young adults in the Omaha Public Schools Transition Program. The Omaha Public School's Transition Program offers a variety of services for secondary students with disabilities, ages 18 - 21, who have completed their high school program with a certificate of completion or have not yet received their high school diploma. The sites leased are:
  • Goodwill Training Room #117 and #124 located at 4805 N. 72nd Street, Omaha, NE 68134
  • Goodwill Training Center located at 2221 N. 109th Street, Omaha, NE  68164
  • Goodwill Second Floor Training Room at 8457 West Center Road, Omaha, NE 68124
The lease commenced on September 14, 2020 and ends on December 11, 2020 at a rate of Seven Hundred and 00/100 Dollars ($700.00) per month, per room used.
J.2. Information Item(s)
K. Receipt of Reports
K.1. District Official Fall Membership 2020-2021
Attachments: (1)
K.2. Turnaround Schools Update
Attachments: (1)
L. Request for Closed Session
Rationale:  The Omaha Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL:

That the Board hold a closed session:

1.  For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

2.  For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

3.  For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

4.  For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

5.  For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6.  For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

7.  For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of  needless injury to the reputation of an individual in compliance with the law.

 
M. Adjournment

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