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April 19, 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: (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. Monday, April 5, 2021 - Regular Meeting
Attachments: (1)
I.2. Approval of Amendment No. 002 to the Agreement with The Weitz Company, LLC – South High Magnet School Capital Improvements & Renovation Project – 2018 Bond Program   $3,710,555.00
Rationale:  Pursuant to Policy 7003, F.3, staff, Jacobs, and BCDM Architects recommend approval of Amendment No. 002, which includes new thermal roofing system, new flooring and painting, auditorium lighting and rigging systems, kitchen equipment, and additional mechanical and electrical equipment alternates for South High Magnet School Capital Improvements & Renovation Project for a guaranteed maximum price (GMP) of $3,710,555.00.

All construction costs are being paid by Funds 40 & 41, 2018 Bond Program. 

The Board approved the CMR Agreement on October 5, 2020 and GMP Amendment No. 001 on March 1, 2021. The current value of the CMR Agreement, GMP Amendment No. 001, and GMP Amendment No. 002 is for a total amount of $9,557,746.00.
I.3. Approval of Amendment No. 003 to the Agreement with McCarthy Building Companies, Inc. – New Middle School 42nd & Y Street Project – 2018 Bond Program   $13,248,705.00
Rationale:  Pursuant to Policy 7003, F.3, staff, Jacobs, and RDG Planning & Design recommend approval of Amendment No. 003, which includes horizontal building concrete, exterior metal paneling and insulation, windows and the front building exterior, building interiors and finishes such as drywall, painting, flooring, tile, casework, and equipment furnishings for a New Middle School located at 42nd & Y Street for a guaranteed maximum price (GMP) of $13,248,705.00.

All construction costs are being paid by Funds 40 & 41, 2018 Bond Program. 

The Board approved the CMR Agreement on January 6, 2020. The Board also approved the previous GMP Amendment No. 001 on November 16, 2020 and GMP Amendment No. 002 on February 18, 2021. The current value of the CMR Agreement and all amendments is for a total amount of $38,577,879.00. 
I.4. Approval of Change Order No. 001 for Catlin Elementary School: Capital Improvements & Renovation Project – 2018 Bond Program - (Deduct $128,535.70) Revised Total: $2,270,323.30
Rationale:  Pursuant to Policy 7000, IV.G, staff and Jacobs with the concurrence of the project architect/engineer, The Schemmer Associates Inc., recommend that the following change order agreement be submitted for approval:

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: Catlin Elementary School: Capital Improvements & Renovation 
Architect/Engineer: The Schemmer Associates Inc.
Contractor: Boyd Jones Construction Co.
Fund: 40 2018 Bond Program  

RFP#

Type

Status

Description

Type

Amount

PCO001
 

Arch.

C
Provide a credit for the unused allowances that was included with the original contract bid.
Deduct

($128,535.70)
 
Total Amount of Change Order No. 001 - Deduct          ($128,535.70)   

      Original Contract Amount                                      $2,398,859.00
       Previously Approved Changes                                           $0.00
       Change Order No. 001 - Deduct                            ($128,535.70)   
       Total Revised Contract Amount                            $2,270,323.30  
      Amount Paid to Date                                             $2,262,343.35
      Amount Remaining                                                       $7,979.95
I.5. Approval of Change Order No. 001 for the Conestoga Elementary School: Capital Improvements & Renovation Project – 2018 Bond Program - (Deduct $266,610.11) Revised Total: $2,314,306.89
Rationale:  Pursuant to Policy 7000, IV. G, staff and Jacobs with the concurrence of the project architect/engineer, The Schemmer Associates Inc., recommend that the following change order agreement be submitted for approval:

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: Conestoga Elementary School: Capital Improvements & Renovation 
Architect/Engineer: The Schemmer Associates Inc.
Contractor: Boyd Jones Construction Co.
Fund: 40 2018 Bond Program   

RFP#

Type

Status

Description

Type

Amount

PCO002
 

Arch.

C
Provide a credit for the unused allowances that was included with the original GMP Amendment No. 001.
Deduct

($266,610.11)
    
Total Amount of Change Order No. 001 - Deduct          ($266,610.11)   

      Original Contract Amount                                      $2,580,917.00
      Previously Approved Changes                                           $0.00
      Change Order No. 001 - Deduct                            ($266,610.11)   
      Total Revised Contract Amount                            $2,314,306.89  
      Amount Paid to Date                                             $2,301,519.84
      Amount Remaining                                                     $12,787.05
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 of 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 amy personally benefit them.  Expenditures which may personally 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 Educational Service Unit No. 19 Claims - Expenditures to be Paid from Education 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 of 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.10. Approval of Claims Report D - Payroll Expenditures
Rationale:  The Board of Education is required by State Statue 79-584 to 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 the payroll and pay date.
Attachments: (1)
I.11. Committee on Claims Audit Approval 04/19/2021
Rationale:  The Committee on Claims met on 04/19/2021 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 Central High School Capital Improvements & Renovation Project – 2018 Bond Program
Rationale:  Pursuant to Policy 7000, IV, staff recommends approval of the Design Construction document for the Central High School Capital Improvements & Renovation Project. The electronic Construction Documents Design Submittal booklet is included for consideration. Approval of the attached design documents are required to proceed to the next phase, which is bid and award solicitation.
I.13. Approval of the Construction Documents for the Design of North High Magnet School & Northwest High Magnet School Capital Improvements & Renovation Project – 2018 Bond Program
Rationale:  Pursuant to Policy 7000, IV, staff recommends the Design Construction documents for the North High Magnet & Northwest High Magnet School Capital Improvements & Renovation Project. The electronic Construction Documents Design Submittal booklet is included for consideration. Approval of the attached design documents are required to proceed to the next phase, which is bid and award solicitation.
I.14. Approval of the Construction Documents for the Design of South High Magnet School Capital Improvements & Renovation Project – 2018 Bond Program
Rationale:  Pursuant to Policy 7000, IV, staff recommends approval of the Design Construction document for the South High Magnet School Capital Improvements & Renovation Project. The electronic Construction Documents Design Submittal booklet is included for consideration. Approval of the attached design documents are required in order to proceed to the next phase, which is bid and award solicitation.
I.15. Approval of Head Start Fiscal Year 2021 Cost of Living Adjustment (COLA) Grant Application 
Rationale:  Per Section 642 of the Head Start Act, the Board of Education serves as the Governing Body for Head Start.  The Board of Education is required to review and approve all applications for funding, in accordance with Board Policy 3570.  Staff recommends approval of the Head Start Fiscal Year 2021 Cost of Living Adjustment (COLA) grant application to support payroll expenses.  Omaha Public Schools Head Start and its delegate will apply the 1.22% cost of living adjustment totaling $95,447 to payroll and benefits.  
Attachments: (2)
I.16. Approval of Head Start Self-Assessment Summary and Improvement Plan  
Rationale:  Per Section 642 of the Head Start Act, the Board of Education serves as the Governing Body for Head Start.  The Head Start Governing Body is required to review and approve specific processes of the program including the annual self-assessment.  The Head Start program conducted the Self-Assessment during the months of February and March.  Head Start staff collected program data in the areas of education, health/safety, and family engagement.  Head Start staff used the information to create the improvement plan to be implemented during the upcoming program year.   
I.17. Approval of Indemnification of Keith Firman
Rationale:  The Administration recommends indemnification of Keith Firman, pursuant to the provisions of Neb. Rev. Stat. § 79-516, against expenses he has incurred or would otherwise incur in connection with the pending suit, Bailey Rolfzen v. Omaha Public Schools, a Political Subdivision of the State of Nebraska and Keith Firman, Individually, Case No. CI 21-2157 filed in the District Court of Douglas County, Nebraska.  The allegations against Mr. Firman arose while he was operating a District owned school bus.  Mr. Firman was operating within the scope of his employment at the time of the accident.  The Administration further recommends that the indemnification of Mr. Firman is proper under the circumstances because he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the school district, pursuant to Neb. Rev. Stat. § 79-516.  The District will enter into a joint representation agreement with Mr. Firman for defense of the pending litigation.
Attachments: (1)
I.18. Approval of Inventory of Items to be Sold at an On-line Auction
Rationale:  Pursuant to Policy 3090 staff recommends approval of the sale of the attached list of items which includes vehicles and miscellaneous surplus items.  The sale will be held by Great Plain Realty Auction Company public auction (online) from May 8, 2021 through May 15, 2021 at 4224 N. 30th Street, Omaha, Nebraska, 68111. The District is selling the surplus items "AS IS" since they are no longer useable by the District.

The District will pay a fee of $95.50 to the auction company for every vehicle sold and 19.5% of the gross proceeds from the sale of the items sold at auction.

The Administration further requests that the Board of Education authorize the
Superintendent or her designee to sign all necessary transfer documents upon payment in full by the purchasers.
I.19. Approval of Proposed Administrative Appointments
Rationale:  Policy 4001 and 4035 require that the election of employees shall be action of the Board of Education upon recommendation of the Superintendent or designee.  Therefore, the District recommends the approval of the attached Administrative Appointments. 
Attachments: (1)
I.20. 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. 
Attachments: (1)
I.21. Approval to Purchase Lexia Core 5 Curricular Materials and Resources from Educational Design Solutions for $386,448.00 for Summer 2021 and the 2021-2022 School Year
Rationale:  Pursuant to Policy 7000, V.A., Administration recommends approval to purchase Lexia Core 5 students in all third through sixth grades. The materials include a one-year digital subscription to the adaptive resource, Lexia Core 5 and one-year of professional learning for staff. This adaptive digital literacy program provides students individualized instruction and practice of specific literacy skills. In keeping with the provisions of Policy 7000, no bid was required for this purchase because it falls under the exception to bidding procedures as academic prerogative.  The digital subscription supports the district’s Academic Acceleration and Recovery Plan as well as our Strategic Plan of Action Priority 1 goal (Academics). The cost of the purchase is $386,448.00.
I.22. Approval of Renewal of Insurance Coverages for May 2021 through April 2022
Rationale:  In keeping with the provisions of Policy 8120 and as permitted by Nebraska Revised Statute section 13-916, the Administration recommends approval of the renewal of the District’s various insurance coverages for a total of $4,246,239 for the next 12 months.  The Board previously contracted with Harry A. Koch Co. to serve as the District’s Insurance Broker.  Harry A. Koch Co. has been a part of First Insurance Group LLC, a subsidiary of the Lauritzen Corporation, for many years, and is now operating as FNIC.  FNIC solicited competitive quotes from insurance carriers for the District’s coverage, a summary of which is attached.  The recommended renewals include the following changes:  an increase in the cap to coverage under United Educators for liability from $5,000,000 to $6,000,000 for better coverage in liability cases and an increase in coverage under Crum & Forster for cyber liability to include $4,500,00 coverage in ransom ware (with a 10% copay).  The additional cyber liability coverage is  a significant improvement over our current policy which only provides $2,500,000 coverage (with a 50% copay) for ransomware.  Overall, this is a total increase of $629,430 (17.4%) over the previous year which driven in large part by an increase in property insurance due to market conditions, increasing construction costs nationwide and a significant increase in Liability insurance due to increases in claims nationwide.  Additionally the Administration is recommending extending its current agreement with RAS by 3 years to continue to manage worker’s compensation claims and Berkley Risk Administrators by 1 year to continue to manage insurance claims for the District.
Attachments: (1)
I.23. Approval of Third Amendment to Contract for Bus Transportation Services with Student Transportation of Nebraska
Rationale:  Staff recommends approval of the attached Third Amendment to the current Contract for Bus Transportation Services with Student Transportation of Nebraska (STA). The amendment freezes the rates charged to the District for busses at the 2020-21 levels for the 2021-22 school year, reduces the minimum number of busses the District will have to use from 274 busses to 260 busses, and permits STA to keep 18 busses that were scheduled to be replaced in 2020-2021 because the busses were lightly used this past year.
I.24. Grant Fund Budget Adjustments
Attachments: (1)
I.25. Letter of Intent with Mitchell Auto Auction, LLC.
Rationale:  Pursuant to Policy 7000 IX, Administration recommends approval of the attached Letter of Intent with Mitchell Auto Auction, LLC. for the purchase of 3 parcels of property located to the East of the current 60th and L Street High School site.  The proposed acquisition adds approximately 7.5389 acres to the current site at a cost of $4,250,000.  The additional three lots will permit improved access to the site, allow for future expansion, and permit eventual closure of the current frontage road.  Administration further recommends that Superintendent Dr. Logan be authorized to sign the Letter of Intent.  The proposed purchase is contingent upon completion of a satisfactory environmental evaluation.  Final approval in the form of a Purchase Agreement between the parties will come before the Board at a future meeting. 
Attachments: (1)
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.  There are no new recommended positions in this report. 
Attachments: (1)
J.1.b. Approval of the Academic Calendar for the 2021-2022 School Year
Rationale:  Central Office staff will present the proposed 2021-2022 Academic Calendar. 
J.1.c. Approval of Change Order No. 001 for Highland Elementary School: Capital Improvements & Renovation Project – 2018 Bond Program - (Add $267,304.56) Revised Total: $5,253,743.56
Rationale:  Pursuant to Policy 7000, IV G, staff and Jacobs with the concurrence of the project architect/engineer, Leo A Daly, recommend that the following change order agreement be submitted for approval:

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: Highland Elementary School: Capital Improvements & Renovation 
Architect/Engineer: Leo A Daly
Contractor: Hausmann Construction, Inc.
Fund: 40 2018 Bond Program

RFP#

Type

Status

Description

Type

Amount

PCO008
 

Arch.

A
The fire marshal required a fire alarm speaker with light strobes to be added to the existing building and new addition.
Add

$7,012.83

PCO010
 

Arch.

A
Furnish and install drain tile along north footing of addition and tie into curb inlet at the block wall. 
Add

$13,348.93

PCO011
 

Arch.

A
Remove, grind, and haul away debris from two (2) trees on East side of school building.
Add

$4,046.35

PCO017
 

Arch.

A
Labor, equipment, and materials to furnish and install new flooring. The existing flooring has reached its useful life.
Add

$86,977.08

PCO018
 

Arch.

A
Labor, equipment, and materials to complete electrical power replacement that includes a new 1600- amp electric service line and replacing two (2) motor control centers. The existing electrical equipment has reached its useful life.
Add

$153,144.73

PCO020
 

Arch.

A
Furnish and install pre-catalyzed water-based epoxy paint on all the walls.
Add

$2,774.64
    
Total Amount of Change Order No. 001 - Add $267,304.56

Original Contract Amount                $4,986,439.00
Change Order No. 001 - Add                $267,304.56
Total Revised Contract Amount           $5,253,743.56    Amount Paid to Date                     $1,758,206.70
Amount Remaining                        $3,495,536.86    
J.2. Information Item(s)
J.2.a. College & Career Academies and Pathways Family and Community Engagement Update
Rationale:  Dr. John Crowe, Director of Enterprise Strategy and Innovation, and Mrs. Crystal Boyd, Ombudsperson, will present information about the district's forthcoming small group family engagement sessions related to College & Career Academies and Pathways. Mr. Jeremy Maskel, Executive Director of District Communications, will provide information about the District's continued educational efforts for staff, families and the community related to the proposed programming updates.
J.2.b. Policy Committee Update
Rationale:   The Chair of the Policy Committee will provide an update.
J.2.c. Budget and Audit Committee Update
Rationale:  The Chair of the Budget and Audit Committee will provide an update.
K. Receipt of Reports
K.1. Auction Results March 2021
Rationale:  Policy 3090 allows for the sale of District property that is obsolete or no longer needed for school operations. The Board of Education approved the contract with Great Plains Realty Auction, Co. on Monday, February 1, 2021. The District held an online auction from Monday, March 8, 2021 through Friday, March 12, 2021. Please see the financial results from Great Plains Realty Auction, Co.

Vehicle Sales                                   $72,710.00
Miscellaneous Sales                             $16,642.73
Gross Amount                                    $89,352.73

Less Professional Fees of 19.5%
      from Miscellaneous Sales                  $ 1,661.35
Less Title Fee ($35.00 x 48 items)              $ 1,680.00
Less Advertising & Marketing                    $ 6,020.50
Less Vehicle Commission
of flat $95.50 per vehicle fee (x48 units)$ 4,584.00
Total of subtracted cost:                       $13,945.85                               
Net to the district                              $75,406.88
Attachments: (1)
K.2. CBOC update of the Phase I & Phase II Bond Programs March 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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