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January 3, 2022 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
Rationale:  The Northwest High JROTC will present the Colors and lead the 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. Board and Superintendent Communications
F.1. Treasurer
Rationale:  The Treasurer's Reports for October 2021 and November 2021 are attached for review.
Attachments: (2)
F.2. Superintendent
F.3. Board Members
G. Public Comment and Recognition
H. 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. 
H.1. Reading of Minutes
H.1.a. Monday, December 13, 2021 - Regular Meeting
Attachments: (1)
H.2. Acceptance of the Certificate of Substantial Completion for Forest Station Elementary School: New Elementary School Project – 2018 Bond Program
Rationale:  Pursuant to Policy 7003, F.4., Administration and Jacobs in keeping with long standing practice, the Substantial Completion for Forest Station Elementary School is being submitted to the Board of Education for acceptance.

Contractor                                  Project                                   Completion Date
Hausmann Construction, Inc.   Forest Station Elementary:    December 1, 2021                                          New Elementary School
                       
The completion date, as listed above, is the date of commencement of the one-year warranty period and required by the contract documents. This agreed upon contractual date will provide continuity in the start dates of the warranties and takes into consideration that the Owner had beneficial use and occupancy of the facility.
H.3. Approval to Award Bid No. 22-024 to Omaha Truck Central, Inc. for Seven (7) New and Unused 2022 Type C Wheelchair Buses (diesel) and to Cornhusker International for Two (2) New and Unused 2022 or 2023 Type C Wheelchair Gas Powered Buses ($896,240.00)
Rationale:  FUND:            4070 Depreciation Fund
PROGRAM:    2510 Business Support Services
DEPT:             7062100 Accounting and Finance
SUPPLIER:    3832 Omaha Truck Central, Inc.
                       6519 Cornhusker International
POLICY:         7000, III., K., 7000, VII., A.
AMOUNT:     $696,360.00 to Omaha Truck Central, Inc.
                     $199,880.00 to Cornhusker International

Administration recommends approval to award Bid No. 22-024 to Omaha Truck Central, Inc. for the purchase of seven (7) New and Unused 2022 Type C Wheelchair Diesel Buses; and award to Cornhusker International for the purchase of two (2) New and Unused 2022 or 2023 Type C Wheelchair Gas Powered Buses.  Nebraska Central is non-complaint for submitting the bid to the wrong email address. The new units will replace current OPS buses per the Transportation Division replacement plan.

 
Seven (7) New and Unused 2022 Type C WC Buses (diesel)
Supplier Unit price for diesel bus Total price for seven (7) diesel buses
Omaha Truck Central, Inc. $99,480.00 $696,360.00

Cornhusker International
 
$101,800.00 $712,600.00
Nebraska Central
*NC
$105,852.00 $740,775.00
 
Two (2) New and Unused 2022 or 2023 Type C WC Gas Powered Buses
Supplier Unit price for gas powered bus Total price for two (2) gas powered buses
Cornhusker International $99,940.00 $199,880.00
Omaha Truck Central, Inc. No bid No bid
Nebraska Central
*NC
$102,925.00 $205,850.00

For complete bid documentation, contact Traci.Shobe@ops.org.
 
Attachments: (1)
H.4. Approval of Change Order No. 001 for Buena Vista High School: New High School Project – 2018 Bond Program - (Add $716,095.00) Revised Total: $77,645,335.00
Rationale:  FUND:     41 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Buildings & Grounds
DEPT:     3630020 - Buena Vista High School
PROJECT:  321508 - Buena Vista High School: New High School Project
SUPPLIER: McCarthy Building Companies, Inc.
POLICY:   7000, IV.G.
AMOUNT:   $716,095.00

Pursuant to Policy 7000, IV. G., Administration and Jacobs with the concurrence of the project architect/engineer, DLR Group, recommend the following change order agreement be submitted for approval:

Project: Buena Vista High School: New High School Project
Architect/Engineer: DLR Group
Contractor: McCarthy Building Companies, Inc.
Fund: 41 2018 Bond Program   

RFP#

Type

Description

Type

Amount

PCO001
 

Arch.
Add alternate #09 Northeast parking lot addition to better enhance future parking space needs and improve traffic flow. 
Add

$107,049.00

PCO002

Arch.
Additional request to add site furnishings that include tables, chairs, and trash receptacles, which will match the Westview High School site furnishings.
Add

$160,050.00

PCO003
PCO004

Arch.
Additional request to add twelve (12) strand fiber between data closets along with uninterruptible power supply at the data racks for infrastructure technology improvements.
Add

$126,685.00

PCO005
 

Arch.
Additional work to add a building sign to the entrance along with adding a Bison and Monument sign to the site entrance.
Add

$247,086.00

PCO006

Arch.
Additional request to procure the major appliances due to current lead-time durations and supply chain disruptions. 
Add

$50,683.00

PCO007
PCO008

Arch.
Additional request to procure athletic taping stations and whirlpool tub due to current lead-time durations and supply chain disruptions.
Add

$24,542.00
 
Total Amount of Change Order No. 001 - Add   $716,095.00
   
Original Contract Amount                $180,000.00
Previously Approved Changes $76,749,240.00
Change Order No. 001 - Add $716,095.00
Total Revised Contract Amount $77,645,335.00
Amount Paid to Date $63,670,636.69
Amount Remaining $13,974,698.31
H.5. Approval of Change Order No. 001 – Bid No. 21-026 Roof Coating at Gilder Elementary School, (Add $3,766.50) Revised Total: $50,541.50
Rationale:  FUND:       4012 Property Uninsured Loss Reserve Fund
PROGRAM:    2510 Business Support Services
DEPT:       7062100 Accounting and Finance Office
SUPPLIER:   Fremont Roofing Company, LLC
POLICY:     7000, IV.G
AMOUNT:     $3,766.50  

Administration recommends Board of Education approval of Change Order No. 001 to Bid No. 21-026 for Roof Coating at Gilder Elementary School which was approved on August 5, 2021.

 
PCO Type Description Type Amount
001 Arch Excessive moisture readings beyond specified manufacturer’s limits were detected requiring areas within these sections be removed and replaced to obtain roof warranty. Add $ 3,766.50

 
Total Amount of Change Order No. 001 - Add     $  3,766.50  
   
Original Contract Amount:                                    $ 46,775.00  
Previously Approved Changes:                                $      0.00  
Change Order No. 001 - Add                                 $  3,766.50  
Total Revised Contract Amount:                            $ 50,541.50  
Amount Paid to Date                                                 $      0.00  
Amount Remaining                                                $ 50,541.50  
                              

 
Attachments: (2)
H.6. Approval of Claims Report A - District Expenditure
Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Claims Report A is a listing of all District expenditures and are organized and presented to the Board by which fund the expenditure is being made from (e.g. General Fund, Bond Fund, etc.).
Attachments: (3)
H.7. Approval of Claims Report B - Expenditures from Various Student Activity Funds for which the Board Serves as Custodian
Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures of funds for which the District serves as custodian.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Claims Report B is a listing of expenditures from the various Student Activity Funds for which the Board serves as custodian.
Attachments: (1)
H.8. Approval of Claims Report C - Expenditures on behalf of Board Members or their Related Organizations
Rationale:  Board Members are prohibited by Nebraska law from voting on items which may personally benefit them.  Expenditures which may 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)
H.9. Approval of Claims Report D - Payroll Expenditures
Rationale:  The Board of Education is required by State Statute 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)
H.10. 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)
H.11. Approval of Omaha School Employees Retirement System Claims - Expenditures to be paid from the OSERS's Funds
Rationale:  In keeping with the provisions of Nebraska Revised Statute section 79-981, the Board of Education is responsible for the transaction of OSERS’ business, including approval of expenditures of OSERS’ funds.   The Administration recommends approval of the attached claims to be paid from OSERS’ funds.
Attachments: (1)
H.12. Approval of Contract for Global Positioning Systems Cellular Network Vehicle Tracking Application Upgrade with Synovia Solutions ($399,600.00)
Rationale:  FUND:            1           General Fund
PROGRAM:    2520        Transportation/Other
DEPT:             7162800     Student Transportation
SUPPLIER:    36508       Synovia Solutions
POLICY:         7000, III.K., 7000, VII.A.
AMOUNT:       $399,600.00

Administration recommends approval of the revised contract to upgrade the Global Positioning System (GPS) Cellular Network on 294 special education school buses due to the planned phasing out of the 3 G Cellular Network Services being used currently.  This project was originally approved on October 18, 2021, by the Board of Education. However, due to changes in the terms and conditions of the agreement with Synovia, Administration seeks approval of this revised contract.  Total cost of this upgrade has not changed and remains $493,920.00 minus a credit of $94,320.00 for the return of the existing operator panel, bringing the total cost to $399,600.00. 
H.13. Approval of a Consulting Services Agreement with Tonya Ward Singer for Professional Learning related to Data-Driven Inquiry and Equitable Tier I Instruction for Multilingual Learners ($33,000.00)
Rationale:  FUND:                176   Misc. Federal grants
PROGRAM:       1170     English Language Learners
DEPT:                7198170  English as a Second Language
PROJECT:         464922  Title III EL
POLICY:             7000, III.K., 7000, VII.A.
AMOUNT:          $33,000.00
 
Administration recommends that the Board of Education approve a consulting services agreement with Tonya Ward Singer for training programs related to data-driven inquiry and equitable Tier I instruction for multilingual learners. Instruction will be provided for the EL leadership team, Elementary leadership team, and CIS leadership team. The contractor will provide 6 training programs: four virtual 2-hour sessions, and two all-day on-site sessions. This contract builds on training that took place with Tonya Ward Singer from August, 2021 through October, 2021.  A previous agreement with Ms. Singer for services in the amount of $30,000.00 brings the total amount awarded to $63,000.00. 
H.14. Approval of Extension of Agreement with Simplified Office Solutions Inc., for Replacement Copiers, Parts, and Consumables from January 1, 2022, through January 3, 2023
Rationale:  FUND:       1 General Fund
PROGRAM:    Various District Programs
DEPT:       Various District Departments
SUPPLIER:   12647 Simplified Office Solutions Inc.  
POLICIES:   7000 III.K., 7000, VII.A.
AMOUNT:     $237,520.17

Administration recommends the approval of the extension of agreement with Simplified Office Solutions Inc., per Bid No. 19-001, replacement copiers, parts and consumables for an additional one-year term from January 1, 2022 through January 3, 2023.  The contract allows three (3) additional one-year extensions.  This will be the second one-year extension of this agreement. The District projects a total cost of $237,520.17 in 2022, based on the usage under this contract in prior years for replacement copiers, parts, and consumables.
Attachments: (3)
H.15. Approval of Master Services Agreement and Data Protection Agreement with Ellevation Inc. for Ellevation Math as a Supplemental Resource for High School English Learners to Support Learning Language for Mathematics from January 2022 through June 2023 ($34,200.00)
Rationale:  Fund:         176  
Program:   1170, ESL
Dept:         7198170, ESL
Project:     464922, Title III EL
Supplier:   Ellevation, Inc.
Policies:    7000, 6300
Strat. Plan: Priority 1, Academics
Amount:    $34,200.00
 
Administration recommends approval to purchase a subscription and services for Ellevation Math as a supplemental resource for high school English learners to support learning language for mathematics.  The contractor will provide access to Ellevation Basics, Ellevation Math, data/ implementation services, and online training.  The Master Services Agreement includes one hour training for secondary teachers who teach the Math Essentials and ESL Math Prep courses.
Attachments: (2)
H.16. Approval of Proposed Staffing Adjustments 
Rationale:  Policies 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)
H.17. Approval to Purchase Music Scores and Student Materials for Buena Vista and Westview High Schools, and Pine and Forest Station Elementary Schools for the 2022-2023, 2023-2024 School Years, and for Blue Stem Middle School for the 2023-2024 School Year ($62,252.14)
Rationale:  Fund:              1, General Fund
Program:         1100 - Music
Department:    3631400, Buena Vista HS Music
                        3691400, Westview HS Music
                        8861400, Blue Stem MS Music
                        1911400, Forest Station Elementary Music
                        1901400, Pine Elementary Music
Supplier:          Dietze Music
Policy:              6121, 7000, V.A. 
Strat. Plan:       Priority 1 - Academics
Amount:            $62,252.14

Administration recommends approval to purchase music scores, solo literature, and supplemental music materials for Buena Vista and Westview High Schools, Blue Stem Middle School, and Pine and Forest Station Elementary Schools. These materials are the core of our curriculum in instrumental and vocal music, adopted in 2015, which will allow students in our new schools to have equal access to the same materials our other schools have to grow and practice musicianship in a variety of ways. Large ensemble, small ensemble, and solo literature is the foundation of creating well-rounded musicians.  In keeping with the provisions of Policy 7000, V.A., no bid was required for this purchase because it falls under the exception to bidding procedures as academic prerogative.
H.18. Approval of Rejection for All Bid Submissions for Bid No. 22-023, New and Unused Type A Buses
Rationale:  Pursuant to Policy 7000, Sections III.K. and VII.A., Administration recommends the Board of Education reject all bids submitted for Bid No. 22-023, New and Unused Type A Buses.  The proposed rejection is based upon received bids being non-compliant due to incorrect seat specifications, incorrect gas tank specifications, and bids not being submitted correctly.  The project will be rebid.
 
Attachments: (1)
H.19. Approval to Rescind the Portion of Awarded Bid No. 22-022 Awarded to CDW Government, LLC., for Televisions and Wall Mounts
Rationale:  Pursuant to Policies 7000, III.D., Administration recommends the Board recission the approval of portion of the Bid No. 22-022 awarded to CDW Government, LLC., for Televisions, OPS Classification code TV-1 and TV-2 and Wall Mounts, OPS Classification Code WALL-1 at the Board of Education Meeting on December 13, 2021. Additionally, and reject all bids for Televisions and Wall Mounts for OPS Classification code TV-1 and TV-2, and Wall Mounts OPS Classification Code WALL-1 for Forest Station Elementary School, Pine Elementary School, Bluestem Middle School, Morton Magnet Middle School, Buena Vista High School, and Westview High School. The proposed recension is due to the determination that TV-1 and TV-2 did not meet the required specifications of the bid as originally indicated.  Additionally, the wall mount needs to be compliant with the awarded television once selected.  Administration recommends that the board maintains the awarding of ipad stands to Visions of Video for $15,680.00, and document cameras to Y & S Technologies, Inc., for $27,645.00, approved by the Board of Education at the Dec. 13, 2021.
H.20. Committee on Claims Audit Approval 01/03/2022
Rationale:  The Committee on Claims met on 01/03/2022 and approved the audit of claims conducted by the Secretary to the Board of Education. 
Attachments: (2)
H.21. Grant Fund Budget Awards
Attachments: (1)
I. Discussion and/or Action Items
I.1. Action Item(s)
I.1.a. First Reading of Policies 2120, 5103, 5104, 5201, 5202, 5204, 5205, 5207, and 6410
Rationale:  Policy 8120 stipulates the Board of Education shall cause policies and regulations  to be revised as necessary.  The Policy Committee recommends changes to Policies 2120,5103,5104,5201, 5202, 5204, 5205, 5207, and 6410.

The policies were provided to the Board of Education as Information at the December 13, 2021 Board Meeting. 
I.2. Information Item(s)
I.2.a. Bond Program Update
Rationale:  Administration will provide a Bond Update.
Attachments: (1)
J. Receipt of Reports
J.1. Head Start Monthly Board Report November 2021 
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)
J.2. Head Start Annual Report to the Public 2020-2021
Rationale:  In accordance with Performance Standards and the 2007 Head Start Act, the Board of Education will be presented with the Head Start Annual Report for Douglas County School District 001 2020-2021 school year. Head Start Act Sec. 644 (2) Each Head Start agency shall make available to the public a report published at least once in each fiscal year.  
Attachments: (1)
K. 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.

 
L. Election of Officers
Rationale: 

The OPS Board of Education shall first elect its President and then elect its Vice President.  Any member of the Board may self-nominate or be nominated by another Board Member.  Nominating speeches are not permitted.  However, nominees shall have up to five minutes to speak following the close of nominations and prior to the distribution of ballots.   Nominee speeches shall be in order of nomination.   Election of officers of the Board of Education shall be kept by secret ballot.  Election shall require a majority of all members of the board.   (Policy 8130)

Attachments: (2)
M. Adjournment

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