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May 17, 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 features McMillan Middle School students and staff for their success at the Nebraska Science Olympiad.   
The Monarch team of thirteen students won nine of the 16 events against other competing Nebraska schools. 
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, May 4, 2021 - Regular Meeting
Attachments: (1)
I.2. Approval of the Amended Agreement with Total Wellness for COVID-19 Testing Services for JP Lord School Staff to Extend to July 23, 2021
Rationale:  Pursuant to Policy 7000 VII, A, the administration seeks approval to amend the Omaha Public Schools contract with Total Wellness to extend through July 23, 2021.
 
In consultation with public health experts, it was recommended J.P. Lord staff be tested weekly to protect this vulnerable population by early detection and isolation of staff who are asymptomatic and positive. The Omaha Public Schools entered into Service Agreement with Total Wellness effective September 25, 2020 through May 21, 2021.
 
The J.P. Lord staff are currently tested weekly for Covid-19. The testing is completed at J.P. Lord every Monday (or the first day of the work week) by Total Wellness.  The test is highly accurate and provides rapid results within 30 minutes.
I.3. Approval of Amendment No. 001 to the Agreement with Custodial Consultants for the Custodial and Operational Efficiency Analysis (Add: $21,599.00) Revised Total: $80,499.00
Rationale:  Pursuant to Policy 7000, III., staff recommend approval of Amendment No. 001 with Custodial Consultants which includes professional service directly associated with the surveying of sixty-eight (68) schools and facilities.  The additional work will allow the vendor to ascertain floor surface/ types, the processing of data, and update its report which will assist in completing its final recommendations for the Omaha Public Schools. A total of three hundred ninety-six (396) additional labor hours will be required beyond the original contract. The contract authorizes Custodial Consultants to perform an Operational Efficiency Analysis for the Custodial and Grounds services performed by Omaha Public Schools. As a result of the findings of the analysis, Custodial Consultants will prepare recommendations for updating the District's custodial service plans and ways for the District to improve based on building size and staffing levels.   

All consultation fees are being paid through Operations General Budget.
The Board approved the Agreement with Custodial Consultants on September 10, 2020 for $58,900.00 as part of the Ethic of Care initiative identified in the Strategic Plan of Action. Amendment No. 001 will add $21,599.00 for a revised Agreement total amount of $80,499.00.
I.4. Approval of Amendment No. 001 to the Agreement with MCL Construction – Morton Magnet Middle School Capital Improvements & Addition Project – 2018 Bond Program ($10,250,000.00)
Rationale:  Pursuant to Policy 7003, F.3., staff, Jacobs, and BVH Architecture recommend approval of Amendment No. 001, which includes a nine (9) classroom addition and remodel existing auditorium space into new classrooms, multipurpose room, storage, and security office. The work also includes building interior renovations and upgrades to mechanical, electrical, and plumbing equipment and systems for Morton Magnet Middle School Capital Improvements & Addition Project for a guaranteed maximum price (GMP) of $10,250,000.00.

All construction costs are being paid by Funds 40 & 41 including a portion of the bond earnings interest to date estimated at $1,000,000.00 for the remodel of the existing auditorium space, 2018 Bond Program. 

The Board approved the Construction Manager at Risk (CMR) Agreement with MCL Construction on August 3, 2020.
I.5. Approval of Amendment No. 001 to the Agreement with The Weitz Company, LLC – Blackburn School Capital Improvements & Renovation Project – 2018 Bond Program ($2,767,661.00)
Rationale:  Pursuant to Policy 7003, F.3., staff, Jacobs, and KPE Consulting Engineers recommend approval of Amendment No. 001, which includes site concrete & asphalt work, new interior finishes, new electrical and communication systems, and additional mechanical and plumbing equipment systems for Blackburn School Capital Improvements & Renovation Project for a guaranteed maximum price (GMP) of $2,767,661.00.

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

The Board approved the Construction Manager at Risk (CMR) Agreement with The Weitz Company, LLC on December 14, 2020.
I.6. Approval of Amendment No. 002 to the Agreement with The Weitz Company, LLC – Adams Elementary School Capital Improvements & Renovation Project – 2018 Bond Program – (Add $646,654.00) Revised Total: $1,724,748.00
Rationale:  Pursuant to Policy 7003, F.3., staff, Jacobs, and KPE Consulting Engineers recommend approval of Amendment No. 002, which includes work on exterior site improvements, interior building renovations such as new flooring, painting, and casework, and new electrical and mechanical equipment for Adams Elementary School Capital Improvements & Renovation Project for a guaranteed maximum price (GMP) of $646,654.00.

Due to the size and timing of the Adams Elementary 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.

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

The Board approved the Construction Manager at Risk (CMR) Agreement with The Weitz Company, LLC on December 14, 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 $1,724,748.00.
I.7. 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.8. 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.9. 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.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 payroll and pay date.
Attachments: (1)
I.11. 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.12. Committee on Claims Audit Approval 5/17/2021
Rationale:  The Committee on Claims met on 5/17/2021 and approved the audit of claims conducted by the Secretary to the Board of Education. 
Attachments: (1)
I.13. Approval of a Contract with 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 Building and Grounds
PROJECT: 321400 Bond Program Administration

Pursuant to Policy 7000, III, D., staff recommends the approval of the attached contract with Engineered Controls, Inc., for Niagara N4 Hardware Installation at Multiple Facilities. The Board of Education previously awarded Bid No. 21-030 to Engineered Controls, Inc. at the May 3, 2021 Board meeting. The amount of the contract is $1,329,000.00.
I.14. Approval of Gateway to College Contract with Metropolitan Community College and Omaha Public Schools for the 2021-2022 School Year
Rationale:  The Department of Curriculum and Instruction Support recommends approval of a renewed contract with Metropolitan Community College to continue the Gateway to College program. Gateway to College is a nationally recognized scholarship and dual-credit high school diploma completion program. Omaha Public Schools provides this opportunity to students ages 16-20 through the Multiple Pathways program options. A new, one-year contract for 2021-2022 academic year is proposed with an $80,000 cap. The cap remains unchanged from past years. The term of this contract is September 2, 2021-August 31, 2022.
Attachments: (1)
I.15. Approval of Memorandum of Understanding with the Nebraska State Education Association and the Omaha Education Association to Authorize a Current District Teacher to Serve in a Teaching Fellowship with the NSEA for the 2021-2022 School Year
Rationale:  In keeping with the provisions of Policy 7000, Section VII., Subpart A., Administration recommends approval of an MOU with NSEA and OEA to permit release of a current teacher to participate in a Teaching Fellowship with NSEA.  The Fellow will remain an employee of the District.  NSEA will reimburse Omaha Public Schools the full cost of salary and benefits for the Fellow.  The Fellow will return to Omaha Public Schools in a teaching role for the 2022-2023 school year.
Attachments: (1)
I.16. Approval to Negotiate a Contract with Morrissey Engineering Inc. for Professional Engineering Services for the TAC Building Cabling Infrastructure Design   
Rationale:  Pursuant to Policy 7000, V, D., staff recommends approval to negotiate a contract with Morrissey Engineering Inc. to provide professional engineering services for the TAC Building Cabling Infrastructure Design project per RFQ QC002-21. Professional engineering services will include the design and preparation of construction bid documents and construction administration required to replace network and coaxial cabling infrastructure and distributed internal cellular antenna system (DAS) at the Teacher Administration Building and Career Center. The bidding and construction of the infrastructure upgrades will occur during the 2021-2022 school year.  
I.17. 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.18. 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.19. Approval of the Purchase Agreement with Mitchell Auto Auction, LLC for approximately 7.43 acres of land adjacent to Buena Vista High School, together with certain access easement rights, in the amount of $4,250,000
Rationale:  Pursuant to Policy 7000 IX, Administration recommends approval of the attached Purchase Agreement with Mitchell Auto Auction, LLC. for the purchase of three parcels of property located to the East of the Buena Vista High School site.  The proposed acquisition adds approximately 7.43 acres to the current site at a cost of $4,250,000.  Also being acquired are the Seller’s access easement rights over adjacent property.  The additional three lots will permit improved access to the site, allow for future expansion, and permit eventual closure of the current frontage road that abuts the property.  The Board approved a Letter of Intent for the acquisition of this property on April 19, 2021.  The District is awaiting the results of a Phase II Environmental Study which we anticipate will be completed on or about June 7.  The District retains the option to terminate the Purchase Agreement if, in its sole judgment, the results of the environmental study or other tests or investigations indicate or determine that the Property is unsuitable for the District's use for any reason.  Approval of this Purchase Agreement will authorize the Board President, Board Secretary and the Superintendent to take such actions and execute such documents as necessary to effectuate the closing which is scheduled for June 15, 2021.   
I.20. Approval to Purchase Computer Laptops from Riverside Technologies, Inc. for Benson High Magnet School ($52,920.00)
Rationale:  FUND:       1           General
PROGRAM:    2211        Career & Tech Ed Support  
DEPT:       7196010     Career & Technical Education    
CLASS:      938         2020-21 Budget Projects
VENDOR:     Riverside Technologies, Inc 
AMOUNT:     $52,920.00

Pursuant to Policy 7000, III.D., staff recommends approval to purchase sixty (60) HP Pro Book laptop devices from Riverside Technologies, Inc. for Benson High Magnet 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 Freshman Academy at Benson High Magnet School.  The Freshman Academy was approved by the Board of Education on March 17, 2021.  The curriculum requires use of computer programs that cannot be facilitated on a mobile device (ipad).  The computers will allow students to learn Microsoft Office applications, create resumes and student portfolios.  The cost of the purchase is $52,920.00.
 
I.21. Approval to Purchase Computer Laptops from Apple Inc. for Burke High School, Central High School, and South High Magnet School ($77,811.00)
Rationale:  FUND:       1           General
PROGRAM:    2211        Career & Tech Ed Support  
DEPT:       7196010     Career & Technical Education    
CLASS:      938         2020-21 Budget Projects
VENDOR:     Apple Inc. 
AMOUNT:     $77,811.00

Pursuant to Policy 7000, V.G., staff recommends approval to purchase seventy- five (75) Mac Book Air devices and eighteen (18) iMac devices from Apple Inc., for Burke High School, Central High School, and South High Magnet School. This purchase aligns with the Districts Freshman Academy. The Freshman Academy was approved by the Board of Education on March 17, 2021. The curriculum requires use of computer programs that cannot be facilitated on a mobile device (ipad).  The computers will allow students to learn Microsoft Office applications, create resumes and student portfolios. 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 $77,811.00.
I.22. Approval to Purchase Computer Laptops from Riverside Technologies, Inc. for Burke High School ($79,380.00)
Rationale:  FUND:       1           General
PROGRAM:    2211        Career & Tech Ed Support  
DEPT:       7196010     Career & Technical Education    
CLASS:      938         2020-21 Budget Projects
VENDOR:     Riverside Technologies, Inc 
AMOUNT:     $79,380.00

Pursuant to Policy 7000, III.D., staff recommends approval to purchase ninety (90) HP Pro Book laptop devices from Riverside Technologies, Inc. for Burke 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 Freshman Academy at Burke High School. The Freshman Academy was approved by the Board of Education on March 17, 2021.  The curriculum requires use of computer programs that cannot be facilitated on a mobile device (ipad).  The computers will allow students to learn Microsoft Office applications, create resumes and student portfolios.  The cost of the purchase is $79,380.00.
 
I.23. Approval to Purchase Computer Laptops from Riverside Technologies, Inc. for Central High School ($105,840.00)
Rationale:  FUND:       1           General
PROGRAM:    2211        Career & Tech Ed Support  
DEPT:       7196010     Career & Technical Education    
CLASS:      938         2020-21 Budget Projects
VENDOR:     Riverside Technologies, Inc 
AMOUNT:     $105,840.00

Pursuant to Policy 7000, III.D., staff recommends approval to purchase one hundred twenty (120) HP Pro Book laptop devices from Riverside Technologies, Inc. for Central 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 Freshman Academy at Central High School. The Freshman Academy was approved by the Board of Education on March 17, 2021.  The curriculum requires use of computer programs that cannot be facilitated on a mobile device (ipad).  The computers will allow students to learn Microsoft Office applications, create resumes and student portfolios.  The cost of the purchase is $105,840.00.

 
I.24. Approval to Purchase Computer Laptops from Riverside Technologies, Inc. for North High Magnet School ($79,380.00)
Rationale:  FUND:       1           General
PROGRAM:    2211        Career & Tech Ed Support  
DEPT:       7196010     Career & Technical Education    
CLASS:      938         2020-21 Budget Projects
VENDOR:     Riverside Technologies, Inc 
AMOUNT:     $79,380.00

Pursuant to Policy 7000, III.D., staff recommends approval to purchase ninety (90) HP Pro Book laptop devices from Riverside Technologies, Inc. for North High Magnet 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 Freshman Academy at North High Magnet School. The Freshman Academy was approved by the Board of Education on March 17, 2021.   The curriculum requires use of computer programs that cannot be facilitated on a mobile device (ipad).  The computers will allow students to learn Microsoft Office applications, create resumes and student portfolios.  The cost of the purchase is $79,380.00.
 
I.25. Approval to Purchase Computer Laptops from Riverside Technologies, Inc. for Northwest High Magnet School ($52,920.00)
Rationale:  FUND:       1           General
PROGRAM:    2211        Career & Tech Ed Support  
DEPT:       7196010     Career & Technical Education    
CLASS:      938         2020-21 Budget Projects
VENDOR:     Riverside Technologies, Inc 
AMOUNT:     $52,920.00

Pursuant to Policy 7000, III.D., staff recommends approval to purchase sixty (60) HP Pro Book laptop devices from Riverside Technologies, Inc. for Northwest High Magnet 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 Freshman Academy at Northwest High Magnet School. The Freshman Academy was approved by the Board of Education on March 17, 2021.  The curriculum requires use of computer programs that cannot be facilitated on a mobile device (ipad).  The computers will allow students to learn Microsoft Office applications, create resumes and student portfolios. The cost of the purchase is $52,920.00.

 
I.26. Approval to Purchase Computer Laptops from Riverside Technologies, Inc. for South High Magnet School ($132,300.00)
Rationale:  FUND:  1  General
PROGRAM:  2211  Career & Tech Ed Support  
DEPT:  7196010  Career & Technical Education    
CLASS:  938  2020-21 Budget Projects
VENDOR:  Riverside Technologies, Inc 
AMOUNT:  $132,300.00

Pursuant to Policy 7000, III.D., staff recommends approval to purchase one hundred fifty (150) HP Pro Book laptop devices from Riverside Technologies, Inc. for South High Magnet 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 Freshman Academy at South High Magnet School. The Freshman Academy was approved by the Board of Education on March 17, 2021.   The curriculum requires use of computer programs that cannot be facilitated on a mobile device (ipad).  The computers will allow students to learn Microsoft Office applications, create resumes and student portfolios.  The cost of the purchase is $132,300.00.
 
I.27. Approval to Purchase District Annual Order Textbooks for the 2021-2022 School Year ($71,347.64)
Rationale:  Pursuant to Policy 7000, III. D., staff recommends approval to purchase District Textbooks for the 2021-2022 school year. The District’s schools have submitted their requests totaling 510 different textbooks and materials for the 2021-2022 school year. Through the competitive bid process, the District saved $32,064.00; a 30% savings over the highest bid price. Awarded bids were based on lowest price for goods meeting District standards.
 
VENDOR AMOUNT
Superior Text LLC $30,578.84
Textbook Warehouse LLC $17,477.34
Winsor Learning $9,262.00
Follett School Solutions Inc $7,317.89
Think Social Publishing Inc $2,810.85
Perfection Learning $1,422.08
Barnes and Noble $948.17
Ballard & Tighe Publications $728.00
Great Ideas for Teaching $430.67
Gander Publishing $207.80
Janelle Publications Inc $164.00
Total $71,347.64
I.28. Approval to Purchase Voice Over Internet Protocol (VOIP) Telephones from Sirius Computer Solutions, Inc., for Westview High School & the New Middle School at 42nd and Y Street ($113,092.00) 
Rationale:  FUND:       40          Bond Proceeds 2018-2nd Tranche   
PROGRAM:    2591        Building & Sites      
DEPT:       3690020     New HS Westview HS Facility 
DEPT:       8860020     New MS Middle school site 42nd Y Facility Bond Work
PROJECT:    321509      New HS Westview HS Facility Bond Work 
PROJECT:    321518      New MS Middle school site 42nd Y Facility
VENDOR:     Sirius Computer Solutions, Inc. 
AMOUNT:     $113,092.00 

Pursuant to Policy 7000, V.G., requires Board of Education approval to purchase four hundred (400) Voice Over Internet Protocol (VOIP) telephones from Sirius Computer Solutions, Inc., for Westview High School and the New Middle School at 42nd and Y Street. The District utilized pricing from the State of Nebraska Contract number 15332 OC, which is an exception (Policy 7000 V. B) to our normal bidding procedures.  The purchase of this equipment supports connectivity to District’s VOIP Phone System and will provide telephone communications capabilities to workstations and school offices throughout the facilities.  The cost of the purchase is $113,092.00. 
I.29. Approval of Rejection of All Bids Submitted for Bid No. 21-024, Outdoor Classroom Improvements at Belle Ryan Elementary School
Rationale:  Approval of Rejection of all bids submitted for Bid No. 21-024, Outdoor Classroom Improvements at Belle Ryan Elementary School
Pursuant to Policy 7000, III.D, staff recommends the Board reject all bids submitted for Bid No. 21-024, Outdoor Classroom Improvements at Belle Ryan Elementary School. The proposed rejection, by the District, is based upon received bids being more than the project budget allows. The project will be redesigned and rebid.
I.30. Approval of Secondary Partnerships Agreement with Metropolitan Community College and Omaha Public Schools for the 2021–2022 School Year
Rationale:  The Department of Curriculum and Instruction Support recommends approval of a renewed contract with Metropolitan Community College to continue the Secondary Partnerships Agreement. The agreement facilitates that Omaha Public Schools instructional staff can teach approved college-level courses to Omaha Public School students and those students can receive both high school credit and transcripted college credit through Metropolitan Community College. Additionally, the agreement allows for Metropolitan Community College staff to teach content directly to Omaha Public Schools students. Tuition fees are reduced to $50 per course where the Omaha Public Schools staff member is the teacher and 50% of the tuition where the Metropolitan Community College staff member is the teacher. Omaha Public Schools has financial supports in place through the State of Nebraska and/or grant funding sources to assist with student tuition.
Attachments: (1)
I.31. Grant Fund Budget Awards
Attachments: (1)
I.32. Perez Settlement Agreement
Rationale:  In keeping with the provisions of Nebraska Revised Statute § 84-713 and Policy 3560, Administration recommends approval of the attached Settlement Agreement between Erick Perez and the District.  Mr. Perez filed a tort claim following a motor vehicle accident involving a bus owned and operated by the District.  Mr. Perez sustained significant injuries. The tort claim was subsequently withdrawn and litigation filed in Douglas County District Court.  The settlement, in the amount of $500,000, was negotiated by the parties during a recent mediation.  As part of the Agreement, the District is released from all claims. The District’s retention is $200,000 and the cost of the settlement in excess of that amount will be covered by United Educators, the District’s insurance carrier.
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 Amendment of 2020-2021 Special Building Fund Budget - Douglas County School District 0001
Rationale:  Staff recommends approval of the attached revised Special Building Fund budget.  The previously approved budget was $134,395,500, which included $7,070,707 for tax requirements.  The amended budget is increased to $174,395,500 with the same tax requirements.  The additional expenditures are a result of bond construction projects proceeding more rapidly than planned.  In keeping with the provisions of Nebraska Revised Statute Section 13-511, a public hearing was held on the proposed amended budget earlier today, May 17, 2021, at 6:00 p.m. here in the Board meeting room following the statutorily proscribed notice period.                                                                                                                                                   
Attachments: (2)
J.1.c. Approval of the First Reading of the Code of Conduct Revisions for 2021-2022
Rationale:  Administration will recommend approval of changes to the Code of Conduct for the 2021-2022 school year.   
Attachments: (3)
J.1.d. Approval of the First Reading of Policies 4044, 5404, and 8346
J.1.e. Approval of the Construction Documents for Design of the Buena Vista High School One World Clinic and YMCA Express Project – General Fund
Rationale:  Pursuant to Policy 7000, IV., staff recommends approval of the Design Construction document for the Buena Vista High School One World Clinic and YMCA Express 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.
J.2. Information Item(s)
K. Receipt of Reports
K.1. 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: (4)
K.2. Omaha School Employees’ Retirement System’s January 1, 2021 Actuarial Valuation Report
Rationale:  The Omaha School Employees' Retirment System presents to the Omaha Public School’s Board of Education for filing, the Omaha School Employees’ Retirement System’s January 1, 2021 Actuarial Valuation Report which was presented to the OSERS Board of Trustees at its regular meeting held Thursday, May 6, 2021.
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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