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May 3, 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 Carrie Palmesano, the 2021-2022 Nebraska English Language Arts Teacher of the year/Teacher of Excellence!  The award is sponsored by the Nebraska English Language Arts Council (NELAC) and the National Council Teachers of English (NCTE).
G. Board and Superintendent Communications
G.1. Treasurer
Rationale:  The Treasurer's Report for March 2021 is attached for review.
Attachments: (1)
G.2. Superintendent
Attachments: (2)
G.3. 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 19, 2021 - Regular Meeting
Attachments: (1)
I.2. Approval of Amendment No. 001 to the Agreement with Hausmann Construction, Inc. – North High Magnet School Capital Improvements & Renovation Project – 2018 Bond Program   ($7,249,541.00)
Rationale:  Pursuant to Policy 7003, F.3., staff, Jacobs, and Jackson-Jackson & Associates, Inc. recommend approval of Amendment No. 001, which includes site concrete work, new thermal roofing system, new interior finishes, new electrical and communication systems, and additional mechanical and plumbing equipment systems for North High Magnet School Capital Improvements & Renovation Project for a guaranteed maximum price (GMP) of $7,249,541.00.

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

The Board approved the Construction Manager @ Risk (CMR) Agreement on December 14, 2020. 
I.3. Approval of Amendment No. 001 to the Agreement with Hausmann Construction, Inc. – Northwest High Magnet School Capital Improvements & Renovation Project – 2018 Bond Program  ($6,295,565.00)
Rationale:  Pursuant to Policy 7003, F.3., staff, Jacobs, and Jackson-Jackson & Associates, Inc. recommend approval of Amendment No. 001, which includes site concrete work, new thermal roofing system, new interior finishes, new electrical and communication systems, and additional mechanical and plumbing equipment systems for Northwest High Magnet School Capital Improvements & Renovation Project for a guaranteed maximum price (GMP) of $6,295,565.00.

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

The Board approved the Construction Manager @ Risk (CMR) Agreement on December 14, 2020. 
I.4. Approval of Amendment No. 001 to the Contract with PrimeroEdge for Nutrition Services Point of Sale Software Services ($67,500.00)
Rationale:  FUND:    4005 Nutrition Services
PROGRAM: 2199 Other Student Support Services
VENDOR:  PrimeroEdge
AMOUNT:  $ 67,500.00

Pursuant to Policy 7000, VII, A., staff recommend approval of Amendment No. 001, to the contract with PrimeroEdge which includes Menu Planning, Nutrition Analysis, Nutrition Production, and School Café Digital Menus for the District website hosted by Blackboard. The Board of Education previously approved the contract with PrimeroEdge on April 15, 2020. The original contract runs through the 2023-2024 school year.  The amendment is a result of the District’s website platform change to Blackboard and the need for a compatible software service.  The District will receive access to the following:
Qty Product Description Unit Price Extended Price
100 Menu Planning/ Nutrition Analysis & Production $95.00 $9,500.00
100 School
Cafe’ - Digital Menus
$195.00 $19,500.00
                   Annual Subscription Total $29,000.00
                            Special Discount ($19,500.00)
        Subscription (May 2021 to June 2022)      $9,500.00
The amendment will also run the length of the contract.  The District will receive the School Café Digital Menus free of charge for the 2021-2022 school year bringing the total fees to:
Subscription Year Amount
2021-2022 school year      $ 9,500.00
2022-2023 school year     $29,000.00
2023-2024 school year       $29,000.00
Total    $67,500.00
Attachments: (2)
I.5. Approval of Amendment No. 002 to the Agreement with Hausmann Construction, Inc. – Bryan High School Capital Improvements & Renovation Project – 2014 Bond Program (Add $168,077.00) (Revised Total $9,441,103.68)
Rationale:  Pursuant to Policy 7003, F.3., staff and Jacobs recommend approval of Amendment No. 002, which includes new interior finishes on the second floor, ceiling grid replacement, LED lighting replacement and fire sprinkler work for Bryan High School Capital Improvements & Renovation Project for a guaranteed maximum price (GMP) of $168,077.00.

2014 Bond Program savings from Fund 38 is paying for all construction costs.

The Board approved the Construction Manager @ Risk (CMR) Agreement on August 28, 2017, GMP Amendment No. 001 on February 21, 2018, Change Order No. 001 on August 20, 2018, and Change Order No. 002 on March 16, 2020. The current value of the CMR Agreement, GMP Amendment No. 001, Change Order No. 001, Change Order No. 002 and this GMP Amendment No. 002 is for a total amount of $9,441,103.68.
I.6. Approval of Amendment No. 002 to the Agreement with The Weitz Company, LLC – Central High School Capital Improvements & Renovation Project – General Fund and 2018 Bond Program  (Add $6,707,419.00) (Revised Total $8,367,426.00)
Rationale:  Pursuant to Policy 7003, F.3., staff, Jacobs, and Alley Poyner Macchietto Architecture recommend approval of Amendment No. 002, which includes work on refurbished spaces such as interior finishes, new electrical and mechanical equipment, and new flooring and painting. Work also includes deferred maintenance for items such as plumbing and mechanical equipment, theater lighting and sound system, elevators, and new site concrete and asphalt repairs for Central High School Capital Improvements & Renovation Project for a guaranteed maximum price (GMP) of $6,707,419.00.

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.

Fund 01 General Fund is paying the construction costs for the refurbished spaces for an amount of $2,869,157.00.  
 
Funds 40 & 41 2018 Bond Program is paying the construction costs for the deferred maintenance for an amount of $3,838,262.00. 

The Board approved the Construction Manager @ Risk (CMR) Agreement on June 17, 2020 and GMP Amendment No. 001 on March 15, 2021. The current value of the CMR Agreement, GMP Amendment No. 001, and GMP Amendment No. 002 is for a total amount of $8,367,426.00.
I.7. Approval to Award Bid No. 21-028 to All-Makes Office Equipment Co., Krueger International Inc., Sheppard’s Business Interiors, and Virco Inc. for Classroom Furniture for the 2018 Bond Project ($3,014,597.52)
Rationale:  FUND:     1           General         
DEPT:     1900020     Pine Elementary Facility 
DEPT:     1910020     Forest Station Elementary Facility
DEPT:     3630020     Buena Vista High School Facility
DEPT:     3690020     Westview High School Facility
DEPT:     8860020     Middle School Site 42nd & Y Facility
DEPT:     8770020     Lewis and Clark Middle School Facility
DEPT:     8780020     Morton Middle School Facility
CLASS     938         2020-21 Budget Project
VENDOR:   Various Suppliers
AMOUNT:   Not to Exceed $3,014,597.52

Pursuant to Policy 7000, III., D., staff recommends approval of Bid No. 21-028 to All-Makes Office Equipment Co., Krueger International Inc., Sheppard’s Business Interiors, and Virco Inc. to purchase chairs and desks for five new schools and two renovated schools during the 2018 Bond Project.  The chairs and desks will be used in the classrooms for staff and students in kindergarten through twelfth grades at Forest Station Elementary School, Pine Elementary School, Buena Vista High School, Westview High School, the new middle school at 42nd & Y, Lewis and Clark Middle School, and Morton Magnet Middle School. The District completed an extensive assessment to determine the specific needs for the chairs and desks.
The District received six (6) bid responses for Bid No. 21-028.  Staff recommends award of the elementary student chairs and desks to Sheppard’s Business Interiors and the student rocker and floor chair to Virco Inc.  Staff recommends award of stools and chairs to be used by middle and high school students to Krueger International Inc., and the teacher task chair to All-Makes Office Equipment Co.  The chairs and desks met specifications established by the District to meet the long-term needs of each school.  This is a one-time purchase using the general fund. The total purchase price will not exceed $3,014,597.52.
VENDOR Award of Student Chairs & Desks Award of Rocker and Floor Chair   Award of Stools & Chairs Award of Bid Task Chair
Sheppard’s Business Interiors  $1,596,575.30      
Virco Inc.    $54,570.55    
Krueger International Inc.      $1,223,575.70  
All Makes Office Equipment Co.        $139,875.97
School Specialty  NO BID   NO BID   NO Bid   NO BID 
encompas Corporation  NON-COMPLIANT   NON-COMPLIANT   NON-COMPLIANT   NON-COMPLIANT 

Award of student chairs and desks goes to Sheppard’s Business Interiors.
 Award of chair rocker and floor chair goes to Virco Inc.
 Award of stools and chairs goes to Krueger International Inc.
 Award of Task Chair goes to All Makes Office Equipment Co.
 NC: Non-compliant

Complete bid documentation contact Sunita.boyer@ops.org.
I.8. Approval to Award Bid No. 21-030 to Engineered Controls Inc. for Niagara N4 Hardware Installation at Multiple Facilities, Summer of 2021 to Summer of 2022 ($1,329,000.00)
Rationale:  FUND:    38 2014 Bond Program Proceeds Fund
ACCOUNT: 55220 Building Construction
DEPT:    7166600 Schoolhouse Planning
PROGRAM: 2591 Buildings and Grounds
CLASS:   937  2019-2020 Budget Projects
PROJECT: 321400 Bond Program Administration
VENDOR:  Engineered Controls
AMOUNT:  $ 1,329,000.00

Pursuant to Policy 7000, IV.C., staff recommends approval to Award Bid No. 21-030 to Engineered Controls Inc. for the purchase, installation, and programing of Niagara N4 Hardware at forty-nine (49) District facilities. This project will replace obsolete HVAC controls with the hardware and programming required to integrate them to the Niagara N4 System. The Niagara N4 System is currently being utilized by the District.  This work continues the District's standardization of automated control of the HVAC systems.          
The contract will be presented for Board approval at a future meeting.

  Bids received were:
Vendor Base Bid
Albireo Energy $2,350,000.00
*Engineered Controls Inc. $1,329,000.00
Trane NO BID
*Apparent Low Bidder meeting the specifications.
                                                                            
For complete bid documentation contact Barakat.Elshalaby@ops.org.
I.9. 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.10. 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.11. 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 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.12. 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 payroll and pay date.
Attachments: (1)
I.13. 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 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.14. Committee on Claims Audit Approval 5/3/2021
Rationale:  The Committee on Claims met on 5/3/2021 and approved the audit of claims conducted by the Secretary to the Board of Education. 
I.15. Approval of the Construction Documents for Design of the Adams Elementary School & Blackburn Alternative School Capital Improvements & Renovation Project – 2018 Bond Program
Rationale:  Pursuant to Policy 7000, IV., staff recommends approval of the Design Construction document for the Adams Elementary School and Blackburn Alternative 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.16. Approval of the Interlocal Cooperation Agreement for a Traffic Signal at Westview High School – 2018 Bond Program ($50,000)
Rationale:  Pursuant to Policy 7000, V.B., staff recommends approval for the District to enter into an Interlocal Cooperation Agreement with Douglas County, Nebraska and Sanitary Improvement District No. 441 of Douglas County, Nebraska to install a traffic signal at Westview High School located at 156th Street and Iowa Street as described in the attached documents.  The traffic signal would be installed to enhance the safe and efficient flow of vehicular and pedestrian traffic. Such traffic signal shall have video or other functioning traffic detection system to allow for a change in the traffic signal to allow traffic to enter 156th Street from Iowa Street.  Staff also recommends that the President of the Board of Education be authorized to sign the Interlocal Cooperation Agreement Traffic Signal on 156th Street and Iowa Street on behalf of the District and that the President be authorized to execute all other documents required in connection with the interlocal cooperation agreement.  The total project cost is estimated to be $150,000 and the District agrees to pay one-third or $50,000 of that cost.
I.17. Approval of the Memorandum of Understanding between the District and the Southside Redevelopment Corporation to Collaborate in the Development of a Program to Enhance School Programming at Indian Hill Elementary as part of the Revitalization of the Southside Terrace - Indian Hill Neighborhood
Rationale:  In keeping with the provisions of Policy 1401, Administration recommends the approval of the Memorandum of Understanding (MOU) between the District and the Southside Redevelopment Corporation to provide for planning how best to collaborate in the development of a program to enhance school programming at Indian Hill Elementary as part of the revitalization of the Southside Terrace - Indian Hill neighborhood.  The proposed collaboration will follow the Purpose Built Communities Model which strives to transform communities by bringing together the vital components necessary for holistic community revitalization: high-quality mixed-income housing, an effective cradle-to-career education pipeline, and community vibrancy.  The collaboration aims to: 1) ensure that each student is prepared to meet Post-secondary expectations by focusing on early literacy, college preparation, career readiness, instructional resources, and a school climate conducive to learning; 2) transform the School into a community hub for lifelong learning and community wellness; and 3) engage all stakeholders in the community from birth to adulthood.  The MOU covers the 2021-2022 school year which will serve as the planning year.  While the initial MOU has no cost, the MOU is being brought to the Board given the likelihood that future MOUs to address the 2022-2023 school year as the Second Planning year, and the 2023-2024 school year for initiating the collaboratively developed school program will likely exceed the $50,000 level set forth in Policy 1401.  The revitalization of the Southside Terrace - Indian Hill neighborhood being undertaken by the Southside Redevelopment Corporation is similar to the 75 North Project in which the District currently participates.
Attachments: (1)
I.18. 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 attached Administrative Appointments.
Attachments: (1)
I.19. 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 attached Staffing Adjustments.
Attachments: (1)
I.20. Approval to Purchase Display Screens for Integration into Water Bottle Engine Test Apparatus from Atlantis Educational Services, Inc., for Eighth and Ninth Grade Physical Science for 2021-2022 School Year ($63,515.60)
Rationale:  In keeping with the provisions of Policy 7000, Section VII., Subpart A., Administration recommends approval of the purchase of 46 display screens from  Atlantis Educational Services, Inc.  These display screens will be added to the Water Rocket Bottle Engine Test Apparatus which the District previously purchased, with Board approval, for eighth and ninth grade physical science students across the District.  The addition of the displays will help our students meet the Nebraska College and Career Ready Standards for Science.  The purchase also includes professional development for teachers. The purchase supports the district’s Strategic Plan of Action Priority 1 Goal (Academics). The funding is supported by the OPS science grant, and the cost for the purchase is $63,515.60.  In keeping with the bid exceptions contained within Policy 7000, Section V., Subpart A. (Academic Prerogative), no bid was required for this purchase.
I.21. Approval to Purchase Hardware and Software from Sirius Computer Solutions Inc. ($238,418.18)
Rationale:  FUND:       1           General Fund                   
PROGRAM:    1100        Regular Instruction                    
DEPT:       7062560     District Wide Technology
CLASS       938         2020-21 Budget Project                    
VENDOR:     Sirius Computer Solutions Inc.
AMOUNT:     $ 238,418.18

Rationale:  In keeping with the provisions of Policy 7000, Section VII., Subpart A., Administration recommends approval of the purchase of hardware and software from Sirius Computer Solutions Inc., as part of a District technology upgrade.  The purchase of the hardware and software will permit more detailed inspection and analysis of the District network traffic.  The information will allow teams to detect, identify, and respond to outages anywhere within our network from computers to application’s servers and out to the internet.  The connectivity will improve network performance to District resources for learning and business functions and ensures students and staff have access to perform daily learning activities whether in the classroom or remote. The cost of the purchase is $238,418.18.  The District will be making its purchase through the State of Nebraska contract.  As such, and in keeping with the bid exceptions contained within Policy 7000, Section V., Subpart B. (Cooperative Purchases), no bid was required for this purchase. 
I.22. Approval of Rejection of All Bids Submitted for Bid No. 21-023 Site Security Improvements at OPS Service Center
Rationale:  Administration recommends the Board reject all bids submitted for Bid No. 21-023, Site Security Improvements at OPS Service Center because: (1) multiple bids were non-compliant; (2) the bid specifications were incomplete; and (3) the bid documents and advertisements were inconsistent.  In light of the fact that Policy 7000, Section VII., Subpart A. would have required approval of the bid award by the Board, the Board is being asked to reject all submitted bids to permit the District to immediately rebid the project.
I.23. Grant Fund Budget Awards
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 OPS Middle School Science Textbook Adoption
Rationale:  In keeping with the provisions of Policy 6121, the Administration is seeking approval for the adoption of cK-12 Flexbooks for middle school science, beginning with the 2021-2022 school year. This adoption aligns with the Nebraska College and Career Ready Standards for Science and with the OPS Strategic Plan, specifically: Strategic Priority 1: Academics. This recommendation is the result of analyzing text structures and content, a field test, a bias review, and a community review consistent with the Curriculum Development Cycle. The cK-12 materials recommended for adoption include student editions, videos, simulations, and adaptive practice problems for students. The materials are accessible to an immersive reader, able to be translated into multiple languages, can be annotated by students, are iPad ready, can be printed from a PDF format, and can be integrated into district systems. cK-12 does not charge for the materials and online access, the only cost for this resource would include curriculum writing and professional development not expected to exceed $13,500 for the 2021-2022 school year, $4,500 annually to maintain the resources, and $700 annually for professional learning.
J.1.c. Approval of Contract Renewal with T-Mobile, USA, Inc. for 4G LTE Connectivity with T-Mobile for Education Plan for Next Level Learning, Summer 2021 and the School Year 2021-2022 ($10,720,512.00)
Rationale:  In keeping with the provisions of Policy 7000, Section VII., Subpart A., Administration recommends a one-year renewal of the T-Mobile, USA, Inc. contract. The renewal provides continued 4G LTE connectivity to the 56,400 student and staff LTE enabled iPads through the T-Mobile for Education Plan.  The unlimited data plan provides nationwide coverage ensuring student and staff devices are connected to the necessary educational resources to support student learning and next level learning initiatives throughout the summer and the 2021-2022 School Year. The cost of the plan remains at $15.84 per month per device with a yearly total cost of $10,720,512.00. Funding is provided through the Elementary and Secondary School Emergency Relief Fund -ESSER II.  The District will be making its purchase through the State of Nebraska contract.  As such, and in keeping with the bid exceptions contained within Policy 7000, Section V., Subpart B. (Cooperative Purchases), no bid was required for this purchase.
J.2. Information Item(s)
J.2.a. Recommended Code of Conduct Revisions for 2021-2022
Rationale:  Administration will provide information regarding recommended changes to the Code of Conduct for the 2021-2022 school year.   
J.2.b. Student Assignment Plan Committee Update
Rationale:   The Chair of the Student Assignment Plan Committee will provide an update.
K. Receipt of Reports
K.1. Head Start March Monthly Board Report  
Rationale:  This document provides the Board of Education with monthly Head Start information regarding attendance and enrollment, meal counts, in-kind amounts, health requirements, policy council minutes, delegate reports, and program information summaries to maintain a communication structure to support oversight responsibilities as stated in Head Start Performance Standard 1301.2. 
Attachments: (1)
K.2. Final Annual Audit Report of the Douglas County School District 0001, August 31, 2020
Rationale:  Seim Johnson, the District's external auditor, completed the Single Audit of Federal Funds portion of the District's annual audit and a revised audit report with this information was issued on April 14, 2021.  Seim Johnson issued an unmodified or "clean" opinion that the District complied, in all material respects, with the types of compliance requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals and Audit Requirements for Federal Awards (Uniform Guidance).  This part of the audit was not included in the originally issued audit report on November 30, 2020, due to delays in auditing guidelines for the Elementary and Secondary School Emergency Relief (ESSER) grant program being issued.  The Single Audit portion of the audit report begins on page 79 of the revised report. 
K.3. Report of Current Enrollment and Staffing for Next Level Learning 2021 (Summer Programming)
Rationale:  This report provides an update on current student enrollment and staffing for Next Level Learning 2021, the District-wide Academic Acceleration and Recovery Plan for COVID-19.
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. Action Item
M.1. The Administration recommends that the Superintendent be authorized to enter into an agreement for the purchase by the District of real property, improvements and easements owned by 1) Joe and Steve Partnership, LLC, and 2) Mitchell Auto Auction LLC (collectively referred to as the Property).  The Property is located adjacent to the east property line of the Buena Vista High School location.  The Administration further recommends that the Superintendent be authorized, if the negotiation is unsuccessful with either owner, to commence proceedings in the County Court of Douglas County, Nebraska, to acquire the Property for the District by eminent domain as permitted by the laws of the State of Nebraska.
Rationale:  Pursuant to Policy 7000, Section IX., Subpart A, the District proposes to acquire: (i) approximately 6 acres of property abutting on the east side of the District’s existing Buena Vista High School site at 60th and L Streets, Omaha, Nebraska, (ii) any and all access easement rights of any person or entity over and upon the property that is described in the Easement Agreement dated September 18, 2009, and recorded on September 23, 2009, in the office of the Register of Deeds of Douglas County, Nebraska at Instrument 2009103760.  The full legal descriptions for the Property are included as an attachment.  By acquiring the proposed 6 acres, the District will be able to improve drainage at the site, move the planned access road that will run along the east and north boundary lines of the District’s existing property further to the east, and eliminate a current frontage road which will permit better use of its existing site and increasing parking availability.  The additional Property will also allow for improved access to the new Buena Vista High School and also allow for future expansion of the new High School building when such expansion becomes necessary.  By acquiring the Property and access easement rights, the District will increase student and staff safety by eliminating the possible future use of the easement for heavy commercial traffic unrelated to access to the High School.  The District is required to first negotiate with the Property owners for the purchase of the Property.  The District has had both Properties appraised and has offered the appraised value to each Property owner.  In the event that the District is unable to reach an agreement with either of the Property owners, the motion before the Board will allow the Administration to commence an eminent domain action in the County Court of Douglas County, Nebraska, to acquire the Property.  In the event that the District can successfully agree on a purchase agreement with one or both of the Owners, the purchase agreement for that Property will be presented to the Board for approval before it is executed by the District.
Attachments: (1)
N. Adjournment

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