August 16, 2021 at 6:30 PM - Omaha Public Schools Board of Education and Educational Service Unit 19 Board Meeting

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.

Rationale:  The Vision:  Every Student.  Every Day.  Prepared for Success.

The Mission:  To prepare all students for success in college, career, and life.

Rationale:  The #OPSProud spotlight will recognize the members of Northwest High Educators Rising who earned recognition at the 2021 national competition. 

Rationale:  Administration will provide information to the Board and public regarding the proposed College & Career Academies and Pathways with updates based on feedback from engagement sessions.

Rationale:  Administration will provide information to the Board of Education and public regarding Elementary and Secondary Schools Emergency Relief (ESSER) engagement outcomes. In addition, administration will share the proposed priorities for each pillar of the OPS ESSER Plan.

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. 

Rationale:  Pursuant to Policy 7000, IX., A., 1., staff recommends approval of the purchase of a parcel of land at 60th and L streets for $49,000 from the Nebraska Department of Transportation.  This parcel is adjacent to the current Buena Vista High School site and is currently a part of the State Right of Way.  Acquisition of this parcel will assist the District with final site planning and development.  

Rationale:  Pursuant to Policy 7000, VII. A., Administration requests approval of Amendment No. 001 to the existing Option and Lease Agreement with Sprint Spectrum, L.P. for the communications facility at 3225 N 52nd Street (Benson High School). Under Amendment No. 001, Sprint Spectrum L.P. will conduct modifications to its communication facility shown on the exhibits, allowing the cell company the ability to install (6) new antennas, (6) radio units, and associated cabling and hardware to replace the existing equipment at the site. 

Rationale:  Pursuant to Policy 7003, F.3., Administration, Jacobs, and RDG Planning & Design recommend approval of Amendment No. 004, which includes City of Omaha public works, exterior site paving and sidewalks, track and field including landscape, irrigation and storm drainage, and site fencing for Bluestem Middle School Project for a guaranteed maximum price (GMP) of $3,990,180.00.

All construction costs are being paid by Fund 41, 2018 Bond Program. 

The Board approved the CMR Agreement with McCarthy Building Companies, Inc. on January 6, 2020, GMP Amendment No. 001 on November 16, 2020, GMP Amendment No. 002 on February 18, 2021, and GMP Amendment No. 003 on April 19, 2021. The current value of the CMR Agreement and all amendments is for a total amount of $42,568,059.00.

Rationale:  Pursuant to Policy 7003, F.3., Administration, Jacobs, and DLR Group recommend approval of Amendment No. 006, which includes the interior buildout for the One World Clinic and YMCA Express for the Buena Vista High School Project for a guaranteed maximum price (GMP) of $877,393.00.

All construction costs are being paid by Fund 31, Special Building Fund.  

The Board approved the CMR Agreement with McCarthy Building Companies, Inc. on January 23, 2019, GMP Amendment No. 001 on April 3, 2019, GMP Amendment No. 002 on August 19, 2019, GMP Amendment No. 003 on January 6, 2020, GMP Amendment No. 004 on May 13, 2020, and GMP Amendment No. 005 on July 13, 2020. The current value of the CMR Agreement and all amendments is for a total amount of $76,929,240.00. 

Rationale:  FUND:       1           General Fund
FUND:       158         Sherwood Foundation Grants
DEPT:       7198136     Music
DEPT:       7193020     Curriculum & Learning Admin.
ACCOUNT:    54630       Equipment Under $5,000
ACCOUNT:    54100       Supplies
PROGRAM:    2199        Other Student Support Services
PROGRAM:    2212       Instructional Staff Support
POLICIES:  7000, III. K., 7000, VII.A
AMOUNT:     $122,070.20

Administration recommends that Bid No. 21-053 be awarded to Washington Music Sales Center, Inc., and Taylor Music, Inc., for percussion and horn instruments. Bids were solicited to purchase instruments for four (4) schools. The instruments will be used by students at McMillian Magnet Middle School, Burke High School, South High School and Curriculum and Learning Music Program. The District received seven (7) bid responses. While Washington Music Sales Center, Inc., and Taylor Music were not low bidders, they meet the requirements stated in the bid and provide brand and model consistency across instruments in the District which will increase repair efficiencies. The total amount awarded to Washington Music Sales Center, Inc., is $53,154.20 and total amount awarded to Taylor Music, Inc. is $68,916.00.

		Awarded		Bids Received
	Qty	Taylor Music Inc.	Washington Music Sales Center, Inc.	Bac Music Center	Boothe Music	Dietze Music	Steve Weiss Music	Universal Melody Online -DBA Brooks Mayes
Flute Offset G - Student	11	*  $366.00	$260.55	$289.00	$336.14	$443.00	No Bid	$242.00
Clarinet - Student	15	$388.00	*  $369.30	$289.00	$418.50	$466.00	No Bid	$250.00
Euphonium Upbell	2	*$1,466.00	$1,685.65	$1,169.00	$2,284.91	$1,824.00	No Bid	$795.00
Alto Saxophone	4	*  $888.00	$899.55	$679.00	$895.06	$1,134.00	No Bid	$700.00
Trumpet - Student	20	*  $494.00	$498.40	$379.00	$472.50	$628.00	No Bid	$250.00
Trombone - Student	17	*  $494.00	$396.15	$410.00	$510.91	$628.00	No Bid	$271.00
Marching Baritone	4	$1,749.00	*$1,724.70	$2,310.00	$1,485.93	$1,867.00	No Bid	$1,793.96
Marching F Mellophone	4	$1,277.00	*$1,251.65	$1,159.00	$1,195.08	$1,355.00	No Bid	$1,356.23
Yamaha Xeno LG BORE Gold Brass Trombone w/F attachment	2	*$2,299.00	$2,265.30	$2,169.00	$1,158.62	$1,124.00	No Bid	$767.00
Bass Trombone	1	$2,111.00	*$2,067.35	$2,092.00	$2,633.75	$2,237.00	No Bid	$2,500.00
Baritone Saxophone	1	$7,099.00	*$4,319.30	$1,582.00	$4,749.43	$7,569.00	No Bid	$2,500.00
Sousaphone Brass Silver	2	$7,229.00	*$7,157.60	$5,425.00	$5,687.15	$7,746.00	No Bid	$7,591.02
Euphonium 4-Valve	2	$1,844.00	*$1,809.40	$1,339.00	$1,719.04	$1,958.00	No Bid	$995.00
Oboe Wood	9	*$2,711.00	$2,758.35	No Bid	$2,176.29	$2,898.00	No Bid	$1,274.00
Double French Horn - Intermediate	1	$2,606.00	*$2,394.75	$2,225.00	$2,611.65	$2,793.00	No Bid	$1,485.00
4.3 Marimba w/Endurance Field Frame	2	*$4,299.00	$10,072.20	$3,940.00	$4,843.12	$4,907.00	$4,425.00	$4,586.00
3.0 Octave Virbraphone w/Silver Bars, Field Frame & Motor	2	$4,966.00	*$4,496.95	$3,859.00	$4,748.16	$5,668.00	$5,111.00	$5,297.00
3.5 Octave Xylophone Kelon w/Field Frame	1	*$2,533.00	$2,568.45	$2,215.00	$2,215.81	$2,891.00	$2,606.00	$2,701.00
* Awarded bidder meeting specifications.

For complete bid documentation contact Yvonne.Schuster@ops.org.

Rationale:  FUND:       31     Contracted Repairs Services - Levy Funded     
PROGRAM:    2591   Building and Site
ACCOUNT:    53180 Contracted Repair Services  
CLASS:      000    Default
PROJECT:    320086 Buena Vista Annex Site Improvements
POLICY:   7000, IV.C.
VENDOR:     Eagle Hills Excavating, Inc.
AMOUNT:     $54,690.00

Administration recommends the approval to award Bid No. 21-070 to Eagle Hills Excavating, Inc. for demolition of gas station located at 5318 L Street.  Base bid includes the demolition of the structure, gas pump islands, canopies, and removal of three (3) underground storage tanks.

Bids received were:

Contractor	Base Bid
*Eagle Hills Excavating, Inc.	$ 54,690.00
Cox Contracting Company, Inc.	$ 58,500.00

* Apparent Low Bidder meeting the specifications.

Complete documentation contact Dave Fannon at David.Fannon@ops.org.

Rationale:  The Bilingual Liaisons and the District have reached a tentative agreement for the 2021-2022 and 2022-2023 school years.  The Bilingual Liaisons were previously part of the non-negotiated group, so new salary schedules were created for the 2021-2022 and 2022-2023 school years.  The District will move from a $1050 to a $1200 deductible health plan with a $0 deductible, narrow network option beginning with the 2021-2022 school year.  The Agreement has been ratified by the Bilingual Liaisons.    

Rationale:  Pursuant to Policy 7000, IV. G., Administration 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: Benson High School: Capital Improvements & Renovation
Architect/Engineer: Leo A Daly
Contractor: Hausmann Construction, Inc.
Fund: 40 2018 Bond Program

RFP#	Type	Status	Description	Type	Amount
PCO059	Arch.	C	Provide a credit for the unused contingency and allowances for the project that was included with the original GMP Amendments No. 001 and No. 002.	Deduct	($190,212.02)

  
Total Amount of Change Order No. 002 - Deduct    ($190,212.02)

Original Contract Amount                             $7,050,000.00
Previously Approved Changes                        $303,742.00
Change Order No. 002 - Deduct                    ($190,212.02)
Total Revised Contract Amount                    $7,163,529.98
Amount Paid to Date                                    $7,078,237.65
Amount Remaining                                           $85,292.33

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.).

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.

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.

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.

Rationale:  The Board of Education serves as the Board of Omaha School Employees Retirement System.  The Board of Omaha Schools Employees Retirement System is required to approve all expenditures of District funds as well as funds for which the District has administrative responsibility.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Omaha School Employees Retirement System Claims Report is a listing of all expenditures to be paid from the OSERS'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.

Rationale:  The Committee on Claims met on 8/16/2021 and approved the audit of claims conducted by the Secretary to the Board of Education. 

Rationale:  Funding Source: Special Education
Account: 53130 Contracted Student Services
Funds: 1, 153   General Fund, Special Education - IDEA
Department: 7194010   Special Education Administration
Programs: 1214, 1215, 1222, 1227, 1231, 1232,1233, 1234, 1235,1236, 1270, 3103  - Speech Therapy School Age, Speech Therapy Ages 3-5, Transition, Nurses Ages 3-5, Nurses School Age,  Occupational Therapy School Age, Occupational Therapy Ages 3-5, Occupational Therapy Ages 0-2, Physical Therapy School Age, Physical Therapy Ages 3-5, Physical Therapy Ages 0-2, Contracted Services, Early Childhood Homebased
Class: 000
Project: 462022 - IDEA Base/EP Grant
Amount: $4,927,013
Policy: 7000, III., K., 7000, VII., A.
Strat Plan: Goal 1 - Academics

Administration recommends approval of the Special Education Services contracts.  Annually, the Special Education Division, within Curriculum and Instruction Support, negotiates and renews contracts with outside agencies for special education services that are required under Rule 51 and Rule 52. In keeping with the provisions in Policy 7000, contracts that may exceed $50,000 are being placed on the agenda for Board of Education approval. Attached you will find: a service provider rate sheet, contracts, and a contract cost sheet for your review. The contract rate sheet includes NDE approved rates for services that need to be purchased by Omaha Public Schools from outside agencies that will provide special education services to students ages birth-21. The contract cost sheet includes the agency, address, type of service the agency provides, the estimated number of students that receive services from that agency, and 2021-2022 contract rate. The sheet includes an estimate of the total cost for special education services provided by contract agencies. The rates and contracts have had legal review and are budgeted for within the 21-22 school year. All providers will be approved by NDE to provide special education and related services. The total cost to the District is estimated to be $4,927,013.00 and is an allowable reimbursable special education expenditure. The contracted services support the District’s Strategic Plan of Action Priority 1 goal (Academics), specifically by ensuring that all students with an IEP have access to the Special Education services to which they are entitled.

Rationale:  POLICIES: 7000, III., K., 7000, VII., A.

Administration recommends the approval of the attached agreement with American Security LLC for the use of substitute security officers at elementary, secondary, and alternative schools for unfilled OPS Security Officer positions and daily absences.  The Board previously awarded Bid No. P032-21 to American Security LLC at the August 2, 2021 Board meeting.  

Rationale:  Pursuant to Policy 7000, V.D., Administration recommends the approval of the attached 1-year contract (with three (3) optional one-year renewals) with Verdis LLC. This contract in the amount of $90,000 for year one and then $75,000 for the first renewal and then $52,00 for each subsequent renewal, continues the District’s relationship with Verdis LLC, as they provide consulting services to develop and implement an Environmental Stewardship Plan for Omaha Public Schools replacing the plan developed and implemented in 2010.  This updated plan will include monitoring energy usage at each school location to reduce overall energy consumption, developing and monitoring recycling programs, and provide ongoing analysis of plan progress. 

Rationale:  Fund: 1   General Fund
Dept:  7198170    English as a Second Language
Program:  1170    English Language Learners
Policies:  7000, III., K., 7000, VII., A.
Amount: $57,091.25

Administration recommends approval of a Consulting Services Agreement between the District and Empowering Student Leaders, to support THRIVE Leadership Club from August 16, 2021 through May 20, 2022.  THRIVE Leadership Club is an after-school club designed to provide support to English learners and refugee students who might not otherwise connect with traditional secondary school activities.  The cost of the Services Agreement with Empowering Student Leaders for secondary students in the Thrive Leadership Club programs is $57,091.25. 

Rationale:  Pursuant to Policy 7000, IX., A., 2.,  staff recommends approval of the Dedication of a small parcel of Real Estate adjacent to the Buena Vista High School to the City of Omaha for Right of Way Purposes.  The dedication is required as part of the final platting of the Buena Vista site.  The property will be utilized as part of the frontage road located at the site until such time as the frontage road is removed.  

Rationale:  Under Rule 21, the Nebraska Department of Education approves the use of "Local" substitute teachers on a certificate that is valid for 90 substitute days per school year. A Local Substitute is required to have completed at least 60 hours of college including one course in teacher education prior to hire by a district. The use of Local Substitutes requires annual approval by the local board of education. Administration recommends that the Board of Education approve the use of Local Substitutes as defined under Rule 21 for the 2021-2022 school year.

Rationale:  Staff recommends approval of the attached tentative collective bargaining agreement with SEIU Local 226 (Office Personnel) for the 2021-2022 and 2022-2023 school years.  The total package cost increases by 4.98% in year one and 9.92% in year two.  Employees in the Office Personnel bargaining unit will move from a $1050 to a $1200 deductible health plan with a $0 deductible, narrow network option beginning with the 2022-2023 school year.  Local 226 has already ratified the agreement. 

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.  

Rationale:  FUND:       1       General Fund
DEPT:       7160010 Business Service Administration 
PROGRAM:    2510    Business Support Service      
CLASS:      919     Disaster Preparedness
VENDOR:     Jayour, LLC.
POLICIES:   7000, V. H., 7000 III., K., 7000, VII., A.  
AMOUNT:     $120,830.00

Administration recommends approval to purchase Thirty-Two Thousand (32,000) packs of five (5) child size reusable cotton cloth face masks and Forty-Five Thousand (45,000) packs of five (5) adult size reusable cotton cloth face masks from Jayour LLC., for use by students and staff in compliance with Board Resolution #21-015 and Douglas County Health Department recommendation that students and staff use face coverings. This purchase utilizes pricing from Bid No. 21-021, which was approved by the Board of Education on April 5, 2021, with extended pricing for one (1) year.  This is a one-time purchase using general funds.  The cost of this purchase is $120,830.00.

Rationale:  FUND:     41            2018 Bond Program Fund 
DEPT. ID: 1910020       Forest Station Elementary School Facility 
DEPT. ID: 1900020       Pine Elementary School Facility 
DEPT. ID: 8860020       Bluestem Middle School Facility 
DEPT. ID: 3630020       Buena Vista High School Facility    
DEPT. ID: 3690020       Westview High School Facility
CLASS:    000           Default        
POLICIES: 7000, III. K., 7000, VII. A.
AMOUNT:  $98,411.70 

Administration recommends the purchase of small engine equipment for the following new schools: Pine Elementary School, Forest Station Elementary School, Bluestem Middle School, Buena Vista High School, and Westview High School. Administration has also determined that this equipment meets the requirements for the new school’s small engine equipment inventory.  The cost is based on an extension of the approved lowest bidder specifications submitted by AKRS Equipment and Ty’s Outdoor Equipment in association with Bid Number 21-039 approved by the Board on July 12, 2021.  

	Forest Station Elementary	Pine Elementary	Bluestem Middle School	Buena Vista High School	Westview High School
Model Stihl FS91R string trimmer (Ty’s)	$280.00	$280.00	$280.00	$280.00	$280.00
Model Stihl BG86 handheld blower (Ty’s)	$192.00	$192.00	$192.00	$192.00	$192.00
Model Honda HS720AA single stage snow blower (AKRS)	$720.00	$720.00	$720.00	$720.00	$720.00
Model Honda HSS928AW 2 Stage snow blower (AKRS)	$2,719.00	$2,719.00	$2,719.00	$5,438.00	$5,438.00
John Deere tractor X590 48" mower deck & 48" blade with weights & chains (AKRS)	$7,421.85	$7,421.85
John Deere tractor X758 54" mower deck & 54" blade Bluestem Middle Only (AKRS)			$12,135.00
John Deere Tractor X1550 72" mower deck and 72" blade Ida ONLY (AKRS)					$33,765.00
John Deere tractor X758 60" mower deck & 60" blade L Street ONLY (AKRS)				$12,675.00
Total:	$11,332.85	$11,332.85	$16,046.00	$19,305.00	$40,395.00

Complete bid information contact Traci Shobe at Traci.Shobe@ops.org.

Rationale:  The Accountability Committee met August 10, 2021, and recommended Board of Education approval of the Evaluation Rubric and Evaluation Timeline. 

Rationale:  Administration recommends that the Board withdraw partial award of Bid No. 21-028 to Virco, Inc., made on May 3, 2021, in the amount of $54,570.55, Rocker and Floor Chairs.  The recommendation is made as a result of the fact that Virco, Inc. failed to meet the full requirements of the bid by not providing the required letter of credit.  There were no additional bids on the above items, so the above referenced items will be rebid.  The recommended withdrawal does not affect the partial award of Bid No. 21-028 made to Sheppard’s Business Interiors for Student Chairs and Desks, to Krueger International Inc. for Stools and Chairs, and to All Makes Office Equipment Co. for Task Chairs.

Rationale:  Staff recommends approval of technical corrections to the Negotiated Agreement with the Operations Division for the 2021-2022 and 2022-2023 school years that the Board approved on August 2, 2021.  The Negotiated Agreement contains a technical error on the 33G Building Required Licensed Shift Engineer - Junior High Schools wage schedule in Appendix A.  The revision also reflects 260 workdays for 2021-22. 

Rationale:  Attached please find updates from the Citizen’s Bond Oversight Committee (CBOC).

Rationale:  Scott Roberts, Chief Financial Officer, has provided an update to the Board of Education on steps taken to address the two internal control deficiencies cited in the 2019-2020 Audit.

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.