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March 16, 2021 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:  To prepare all students for success in college, career, and life.
E. Roll Call
E.1. Excused/Unexcused Absence
F. School Spotlight
Rationale:  The #OPSProud spotlight recognizes North High sophomore Tyler Stewart, a 2021 Nebraska State Champion Wrestler.
G. Board and Superintendent Communications
G.1. Superintendent
Attachments: (1)
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. Monday, March 1, 2021 - Regular Meeting
Attachments: (1)
I.2. Approval of Amendment No. 001 to the Agreement with The Weitz Company, LLC – Adams Elementary School Capital Improvements & Renovation Project - 2018 Bond Program ($1,078,094.00)
Rationale:  Policy 7003, F3, requires Board of Education approval for this proposed agenda item. Staff, Jacobs, and KPE Engineers recommend approval of Amendment No. 001, at Adams Elementary School Capital Improvements & Renovation Project for a guaranteed maximum price (GMP) of $1,078,094.00.  This project includes thermoplastic membrane roofing, HVAC mechanical, and plumbing system upgrades. 

All construction costs are being paid by Funds 40 & 41, 2018 Bond Program.  The Board previously approved the attached award to the CMR on December 14, 2020. 
I.3. Approval of Amendment No. 001 to the Agreement with The Weitz Company, LLC – Central High School Capital Improvements & Renovation Project for 2018 Bond Program and Property Uninsured Loss Reserve Fund ($1,660,007.00)
Rationale:  Policy 7003, F3, requires Board of Education approval for this proposed agenda item.  Staff, Jacobs, Alley Poyner Macchietto Architecture recommend approval of Amendment No. 001, at Central High School Capital Improvements & Renovation Project for a maximum price (GMP) of $1,660,007.00.  This project includes skylight replacement and roof accessories & repairs, new stage rigging system, and HVAC systems and equipment.

Due to the size and timing of the Central High School Project, procurement of the construction work needs to occur in multiple bid packages to keep the project on schedule. Each Amendment approved by the Board of Education adds specific scope of work items to the Construction Manager at Risk (CMR) Agreement, which is based on the overall project design, procurement, and construction schedule.

The substantial completion date in this Amendment is set for July 31, 2022 for the Central High School Capital Improvements & Renovation Project.

All construction costs are being paid by the following:
Funds 40 & 41, 2018 Bond Program for an amount of $1,167,825.00.
Fund 4012 Property Uninsured Loss Reserve Fund for an amount of $492,182.00.

The Board approved the CMR Agreement on June 17, 2020. The total current value of the CMR Agreement and this Amendment No. 001 is for a total amount of $1,660,007.00.
I.4. Approval to Award Bid No. 21-010 and Contract to Grunwald Mechanical for Monroe Middle School Chiller and Cooling Tower Replacement, Summer of 2021 ($724,584.00)
Rationale:  FUND:  1  General Fund
DEPT. ID: 7166600 Schoolhouse Planning
PROGRAM:  2610
CLASS: 938  2020-2021 One Time Projects
ACCOUNT: 53180 Contracted Repair Services       
VENDOR: Grunwald Mechanical
AMOUNT:  $724,584.00

Policy 7000 IV.C, requires Board of Education approval to Award Bid No. 21-010 to Grunwald Mechanical for the purchase and installation of a new chiller and cooling tower at Monroe Middle School. The base bid of this project will replace an existing chiller and air conditioner condenser that have reached the end of their service life and can no longer handle the cooling needs of the facility. Staff further recommend the adoption of Alternate #1 for the addition of a floor drain within the mechanical space to allow for more efficient maintenance and servicing of the new chiller.

Finally, staff recommend the attached contract with Grunwald Mechanical for approval. The total price of the contract is $724,584.00.

Bids received were:
Vendor Base Bid Alternate #1 Total
*Grunwald Mechanical $716,084.00 $8,500.00 $724,584.00
Mark VII Enterprises $781,000.00 $8,800.00 $789,800.00

*Apparent Low Bidder meeting the specifications.
                                                                            
For complete bid documentation contact Barakat.Elshalaby@ops.org.
I.5. Approval of the Certificate of Substantial Completion for the Masters Elementary School: Capital Improvements & Renovation Project – 2018 Bond Program
Rationale:  Policy 7003, F.4 requires Board of Education approval. Staff and Jacobs with the concurrence of the project architect/engineer, Jackson & Jackson, recommend the Board of Education approve the following certificate of substantial completion for the selected project:

Contractor                              Project                                      Completion Date

Boyd Jones Construction       Masters Elementary School:    January 8, 2021
                                               Capital Improvements &
                                               Renovation Project

The completion date, as listed above, is the date of commencement of the one-year warranty period and required by the contract documents. This agreed upon contractual date will provide continuity in the start dates of the warranties and takes into consideration that the Owner had beneficial use and occupancy of the facility. 
I.6. Approval of Claims Report A - District Expenditure
Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Claims Report A is a listing of all District expenditures and are organized and presented to the Board by which fund the expenditure is being made from (e.g. General Fund, Bond Fund, etc.).
Attachments: (4)
I.7. Approval of Claims Report B - Expenditures from Various Student Activity Funds for which the Board serves as Custodian
Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures for funds for which the District serves as custodian.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Claims Report B is a listing of expenditures from the various Student Activity Funds for which the Board serves as custodian.
Attachments: (1)
I.8. Approval of Claims Report C - Expenditures on behalf of Board Members or their Related Organizations
Rationale:  Board Members are prohibited by Nebraska law from voting on items which may personally benefit them.  Expenditures which may personal benefit individual Board Members are presented to the Board for approval in the form of a separate Claims Report in order to permit those Board Members to abstain from voting on items which may personally benefit them.  The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds.  Claims Report C is a listing of expenditures that may relate to individual Board Members or Organizations that employ them.
Attachments: (1)
I.9. Approval of Claims Report D - Payroll Expenditures
Rationale:  The Board of Education is required by State Statue 79-584 to approve approve all expenditures of District funds.  Payroll expenditures are presented to the Board for ratification in the form of a Claims Report.  Claims Report D is a summary of payrolls processed and is presented by payroll and pay date.
Attachments: (1)
I.10. Approval of Educational Service Unit No. 19 Claims - Expenditures to be paid from Edcuation Service Unit's Funds
Rationale:  The Board of Education serves as the Board of Educational Service Unit 19.  The Board of Educational Service Unit 19 is required to approve all expenditures of District funds as well as funds for which the District serves as custodian.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Educational Service Unit No. 19 Claims Report is a listing of all expenditures to be paid from the Education Service Unit's funds.
Attachments: (1)
I.11. Committee on Claims Audit Approval 3/16/2021
Rationale:  The Committee on Claims met on 3/16/2021 and approved the audit of claims conducted by the Secretary to the Board of Education. 
Attachments: (1)
I.12. Approval of the Construction Documents for Design of the Morton Magnet Middle School Capital Improvements & Addition Project – 2018 Bond Program
Rationale:  Policy 7000 IV,  requires Board of Education approval of the Design Construction document for the Morton Magnet Middle School Capital Improvements & Addition Project. The electronic Construction Documents Design Submittal booklet is included for consideration. Staff recommend approval of the design in order to proceed to the next phase, which is bid and award solicitation.
 
I.13. Approval of Contract Awarded to Sirius Computer Solutions for Network Infrastructure Updates for the 2021-2022 School Year for $1,935,420.00
Rationale:  Policy 7000, III K, requires Board of Education approval for this proposed agenda item. Staff recommends approval of the contract awarded to Sirius Computer Solutions through bid No. 21-016 to purchase network switches, wireless access points, and switch modules to expand the existing District Network. The switches are compatible with existing District prime infrastructure, including identity services engine, and access points to existing wireless controllers. This equipment provides users the best connection experience possible with the lowest amount of interference and congestion while maintaining the highest level of control and security for our corporate network.
I.14. Approval of Grant Awards
Attachments: (1)
I.15. Approval of Proposed Administrative Appointments
Rationale:  Policy 4001 and 4035 require that the election of employees shall be by action of the Board of Education upon recommendation of the Superintendent or designee.  Therefore, the District recommends the approval of the administrative appointments attached. 
I.16. Approval of Proposed Staffing Adjustments
Rationale:  Policy 4001 and 4035 require that the election of employees shall be by action of the Board of Education upon recommendation of the Superintendent or designee.  Additionally, Policy 4008 requires that the Chief Human Resources Officer process all retirements, resignations, cancellations, contract amendments and terminations of employment making a recommendation for appropriate action to the Superintendent and Board of Education.  Therefore, the District recommends the approval of the staffing adjustments attached. 
Attachments: (1)
I.17. Approval to Purchase Computer Laptops from Apple Inc. for various District Staff ($87,900.00)
Rationale:  FUND:  1  General
PROGRAM:  1100    Regular Instruction
DEPT:  7062560  District Wide Technology 
CLASS: 000   Default No Class 
VENDOR:  Apple Inc 
AMOUNT:  $87,900.00

Policy 7000, III.K, requires Board of Education approval to purchase 100 Macbook Air devices from Apple Inc., for various District staff.  These devices will be used for new staff and machines that are under repair or out of warranty.  This purchase aligns with the District’s one to one technology initiative and ensures 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 $ 87,900.00.
I.18. Approval of Rejection of All Bids Submitted for Bid No. 21-012 for Niagara N4 Hardware Installation
Rationale:  The Staff recommends, in keeping with the provisions of Policy 7000, III.D, that the Board reject all bids submitted for Bid No. 21-012, Niagara N4 Hardware Installation. The proposed rejection, by the District, is based upon (a) receipt of multiple non-compliant bids and (b) the requested completion timeframe reduced the receipt of bids that were compliant.  The project will be rebid with a longer time frame for completion.
I.19. Technical Correction to the Approved Agreement with the Omaha School Psychologists Association for the 2020-2021, 2021-2022 and 2022-2023 School Years
Rationale:  Staff recommends approval of a technical correction to the Agreement with the Omaha School Psychologists Association for the 2020-2021, 2021-2022 and 2022-2023 school years that the Board approved on February 18, 2021.  The Agreement contains a technical error on the District’s health insurance contribution for dual employees in the 2021-2022 school year.  The approved version reads $1,316.86.  The correct amount should be $1,386.16.
J. Discussion and/or Action Items
J.1. Action Item(s)
J.1.a. Approval of the Report of the Legislative Committee Including Recommended Legislative Positions
Rationale:  The Legislative Committee, in keeping with the provisions of Policy 8150, recommends approval of its findings and recommendations as set forth in the attached summary of bills introduced before the Nebraska Legislature.  The summary has been prepared with the assistance of O’Hara Lindsay Government Relations and generally includes legislation which may affect the District.  The Committee continuously monitors legislative activity and may, from time to time, recommend that the Board take or update a position on a particular bill, resolution or amendment.  Committee recommendations typically include one of the following: Support, Oppose, or Monitor with Research.  In the absence of one of those recommendations, the Committee is recommending that the District take no position.  Given the fluid nature of the legislature, the Committee may need to present new bills, resolutions or amendments, including some that may not have appeared on the bill summary, to the Board for consideration.  In addition to the bill summary, the Committee, on occasion, recommends Board approval of position statements to guide the Board President and/or Superintendent when dealing with legislative debate on issues particular concern to the District that arise between Board Meetings.  The Committee is recommending that the Board adopt the following new positions with this report:

LB 83: The bill proposes to modernize the Open Meetings Act to allow public bodies to hold board meetings through virtual conferencing during a declared emergency by the Governor.  Change from No Position to Support (Page 4 of the Report)
Attachments: (1)
J.1.b. Approval of the Amendment to the High School Section of the Student Assignment Plan Previously Adopted by the Board of Education on June 15, 2015
Rationale: 
On June 15, 2015, the Board of Education adopted a Student Assignment Plan setting forth the Elementary and Middle School Partner Frameworks with no change to school choice, selection, or walk-zones at High School at that time.  With the construction of two new High Schools nearing completion, the Administration recommends approval of an amendment to the High School section of the previously approved Student Assignment plan to take effect with the 2022-2023 school year.  The proposed amendment:
 
  • Creates transportation areas in all high school attendance areas instead of only three today (North, Northwest and South);
  • Provides transportation eligibility for all students to three non-neighborhood partner schools (2 in zone schools and +1 school); and
  • Prioritizes student choice in the following order: 1) Neighborhood students; 2) Siblings; 3) Partner school applications; and 4) Non-partner school applications.
Attachments: (1)
J.1.c. Approval of the Freshman Academies Program
Rationale:  In keeping with the provisions of Policy 6121, the Administration recommends approval of the implementation of Freshman Academies at each of the District’s High Schools, beginning with the 2021-2022 school year, and the District's two new High Schools opening in the 2022-23 school year. The Administration will update the Board with its plan for continued staff and family engagement regarding the Academy and Pathway components on April 19, 2021.  The family and staff engagement will occur throughout the remaining school year and summer with staff presenting the Board with the remaining components of the Academy and Pathway Programs for approval on September 9, 2021.
Attachments: (1)
J.1.d. Approval of First Reading of Policies 3090 and 7000
Rationale:  Policy 8120 stipulates the Board of Education shall cause policies and regulations  to be revised as necessary.  Administration will provide recommended changes to Policy 3090 and 7000.
J.2. Information Item(s)
J.2.a. Policy Committee Update
Rationale:   The Chair of the Policy Committee will provide an update.
K. Receipt of Reports
K.1. CBOC Update of the Phase I & Phase II Bond Programs February 2021
Rationale:  Attached please find updates from Citizen’s Bond Oversight Committee (CBOC).
Attachments: (2)
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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