September 22, 2022 at 6:00 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 features Edison Elementary, which won the 2022 Omaha Public Schools Summer Reading Challenge.

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 7003,F.4., Administration and Jacobs in keeping with long standing practice, the Substantial Completion for Blackburn School is being submitted to the Board of Education for acceptance.

Contractor                                Project                       Completion Date
The Weitz Company, LLC        Blackburn School:      August 31, 2022
                                                 Capital Improvements &
                                                 Renovation Project

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.

Rationale:  FUND:  1   General Fund
PROGRAM:  1100     Regular Instruction
DEPT. ID:  3631136    Buena Vista High School Facility $42,648.90          
DEPT. ID:  3691136    Westview High School Facility    $42,648.90          
DEPT. ID:  8861136    Bluestem Middle School Facility  $28,403.85          SUPPLIER: 3505   Taylor Music       $94,973.00
SUPPLIER: 25338  Steve Weiss Music    $12,363.65
SUPPLIER:  2364  Washington Music Sales   $6,365.00
POLICIES:   7000, III. K., 7000, VII.A
AMOUNT: $113,701.65

Administration recommends awarding Bid No. 23-001 to Taylor Music, Steve Weiss Music, and Washington Music Sales for Drum Music Instruments as part of equipping Buena Vista High School, Westview High School, and Bluestem Middle School with musical instruments which are funded by the 2018 Bond Project.  Bids were solicited to purchase Drum Music Instruments for Bluestem Middle School, Buena Vista High School, and Westview High School. The District received six (6) bid responses. 

For District consistency in all 9 high schools and due to the minimal price difference of $12.45 per set, Administration recommends that the VMMS-8 5pc. Drum Set be awarded to Steve Weiss and not the low bidder, Thompson Music Company.  

IMMS-20 / IOHS-23 Concert Snare Drum is awarded to Taylor Music. Thompson Music Company is non-compliant for submitted insufficient specification and Washington Music Sales is non-compliant for not meeting color and finish specification.

IMMS-23 / IOHS-26 Suspended Cymbal with Stand is awarded to Taylor Music. Steve Weiss is non-compliant for not including all specified components and Washington Music Sales is non-compliant for submitted insufficient specifications.

IMMS-25 / IOHS-27 Timpani with Covers - Set of 4 is awarded to Taylor Music. Steve Weiss, Thompson Music Company, and Washington Music Sales are non-compliant for not meeting the double ring suspension specification.

For District consistency in all 9 high schools and due to the minimal price difference of $154.57 per set, Administration recommends that the IMMS-28 Vibraphone 3.0 with motor and cover be awarded to Taylor and not the low bidder, Thompson Music Company.

IMMS-33 / IOHS-35 Crash Cymbals Set with Straps is awarded to Taylor Music. Steve Weiss Music is non-compliant for not including all specified components.

Taylor Music is awarded the following bided items: Concert Snare Drum, Suspended Cymbal with stand, Timpani with covers, Vibraphone with motor and cover, Crash cymbals with straps, 32" Symphonic gong, and Marimba 5.0 octave with frame and cover for a total amount of $94,973.00.  Steve Weiss Music is awarded the 5 pc. Drum Set with 22" bass drum, 4 pc Drum Set with 20" bass drum, Snare drum stand, Concert bass drum with stand, Cymbal set, Concert cymbal cradle stand, Gong stand with wheels, and Gong stand at $12,363.65. Administration recommends awarding Xylophone 3.5 octave with cover and Concert bells with case to Washington Music Sales for $6,365.00.
 

OPS Classification Code	Qty	Steve Weiss Music	Taylor Music	Thompson Music Company	Washington Music Sales	Dietze Music	Schmidt Music
5 pc Drum Set including 22" Bass Drum -  VMMS-8	1	$585.00*	$606.00	$572.55	$785.00	$750.00	$827.00
4 pc Drum Set including 20" Bass Drum -  VMHS-24 / IMMS-31 / IOHS-33	5	$675.00*	No Bid	$1,199.68	$875.00	$850.00	$855.00
Concert Snare Drum -  IMMS-20 / IOHS-23	6	$545.00	$544.00*	$441.85NC	$412.90NC	$630.00	$660.00
Snare Drum Stand -  IMMS-21 / IOHS-24	6	$34.95*	$71.99	$123.62	$115.00	$65.00	$75.00
Concert Bass Drum with Suspended Stand -  IMMS-22 / IOHS-25	3	$1,625.00*	$1,644.00	$1,903.45	$1,653.55	$1,760.00	$2,712.00
Suspended Cymbal with Stand -  IMMS-23 / IOHS-26	3	$79.00NC	$349.00*	No Bid	$330.00NC	$375.00	$380.00
Timpani with Covers - Set of 4 -  IMMS-25 / IOHS-27	3	$8,869.00NC	$12,444.00*	$12,033.84NC	$11,490.00NC	$13,537.00	$15,213.00
Xylophone 3.5 Octave with Cover -  IMMS-27	1	$3,085.00	$3,030.00	$3,146.77	$3,005.00*	$3,270.00	$3,676.00
Vibraphone 3.0 with Motor and Cover -  IMMS-28	3	$5,395.00	$5,277.00*	$5,240.43	$5,340.80	$5,840.00	$5,414.00
Concert Bells with Case -  IMMS-29 / IOHS-31	3	$1,149.00	$1,144.00	$1,172.70	$1,120.00*	$1,220.00	$1,370.00
Cymbal Set  -  IMMS-32 / IOHS-34	3	$588.00*	$599.00	No Bid	$625.00	$591.00	$765.00
Crash Cymbals Set with Straps -  IMMS-33 / IOHS-35	3	$7.95NC	$399.00*	No Bid	$445.00	$490.00	$558.00
Concert Cymbal Cradle Stand -  IMMS-34 / IOHS-36	3	$59.00*	$79.99	No Bid	$130.00	$90.00	$106.00
32" Symphonic Gong -  IMMS-36 / IOHS-38	3	$999.00	$990.00*	No Bid	No Bid	$1,229.00	$1,224.00
Gong Stand - Large with Locking Wheels and Height Extenders -  IMMS-37	1	$129.95*	$0.00	No Bid	No Bid	$200.00	$573.00
Marimba 5.0 Octave w/Field Frame and Cover -  IOHS-28	2	$17,349.00	$16,666.00*	No Bid	$17,176.50	$18,780.00	$21,108.00
Gong Stand  -  IOHS-39	2	$624.00*	$626.00	No Bid	$660.00	$660.00	$743.00

Units Per School	Bluestem Middle School	Buena Vista High School	Westview     High School
VMMS-8	1
VMHS-24 / IMMS-31 / IOHS-33	1	2	2
IMMS-20 / IOHS-23	2	2	2
IMMS-21 / IOHS-24	2	2	2
IMMS-22 / IOHS-25	1	1	1
IMMS-23 / IOHS-26	1	1	1
IMMS-25 / IOHS-27	1	1	1
IMMS-27	1
IMMS-28	1	1	1
IMMS-29 / IOHS-31	1	1	1
IMMS-32 / IOHS-34	1	1	1
IMMS-33 / IOHS-35	1	1	1
IMMS-34 / IOHS-36	1	1	1
IMMS-36 / IOHS-38	1	1	1
IMMS-37	1
IOHS-28		1	1
IOHS-39		1	1

* = Awarded low priced item meeting specifications from a compliant bidder.
NC = non-complaint does not meet the specifications within the bid document.

For complete bid documentation contact yvonne.schuster@ops.org.

Rationale:  FUND:     175 COVID Federal Grants       
DEPT. ID: 7166600 Schoolhouse Planning
PROGRAM:  2620 Maintenance School/District Buildings       
SUPPLIER: Downs Electric Inc.
POLICIES: 7000, III.K, 7000, VII., D
AMOUNT: ($2,774,700.00)

Pursuant to policy 7000 III.K and Policy 7000 VII.D, staff recommends award of Bid No. 23-008 South High School Capital Improvements to the low bidder, Downs Electric Inc.  Staff further recommends approval of the attached contract with Downs Electric Inc.  The capital improvements include the replacement and upgrading of HVAC, Plumbing and Electrical infrastructure utilizing ESSER funds under Pillar 3.  The mechanical and electrical systems and components being replaced have either reached the end of their service life or do not conform to current codes and design practices. Scope of work in this bid includes and not limited to all work required to perform the following:

-Remove and replace air handler 5(AHU5) with new multizone air handler.
-Reconstruction of air handler 4(AHU4) to include replacement of fan array and heating and cooling coils.
-Install new ductwork from AHU4 to locker rooms to provide code required ventilation.
-Replace main electrical service to include replacement of 3000A main switchboard, main circuit breaker/breaker distribution, existing secondary feeders from transformer.
-Replacement of natural gas generator with new gas generator and installation of automatic transfer switch dedicated to life safety loads.
-Replace a total of 6 motor control centers with new MLO distribution panels.
-Replace 2 Electrical transformer and associated distribution panels.
-Remove fire sprinkler piping and valves located in pool equipment room and relocate to non-corrosive location.
-Replace 4 remote chilled water pumps with new pumps and VFD’s.
-Install 2 new pool dehumidification units, associated ventilation louvers, ductwork, and piping at pool.
-Replace 33 exhaust fans with new fan with EC motor or premium PSC motor controlled by a VFD.     

The District received (2) bid responses, Downs Electric Inc and The Weitz Company. Staff recommends entering a contract with Downs Electric Inc. as they are the low bidder.  The total price of the bid is $2,774,700 and will be funded by ESSER funds under Pillar 3.

Vendor	Base Bid
* Downs Electric Inc	$ 2,774,700.00
Weitz Company	$ 3,354,000.00

*Apparent Low Bidder meeting the specifications.
                                                                            
For complete bid documentation contact Barakat.Elshalaby@ops.org.

Rationale:  FUND:     41 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Buildings & Grounds
DEPT:     1910020 - Forest Station Elementary School
PROJECT:  321507 - Forest Station Elementary School: New School
SUPPLIER: Hausmann Construction, Inc.
POLICY:   7000, IV.G.
AMOUNT:  ($19,899.08)

Pursuant to Policies 7000, IV. G., Administration and Jacobs with the concurrence of the project architect/engineer, Kenneth Hahn Architects, recommend that the following change order agreement be submitted for approval:

Project: Forest Station Elementary School: New School
Architect/Engineer: Kenneth Hahn Architects
Contractor: Hausmann Construction, Inc.
Fund: 41 2018 Bond Program  

RFP#	Type	Description	Type	Amount
PCO139	Arch.	Provide a credit for the unused contingency and allowances for the project that was included with the original GMP Amendment No. 002.	Deduct	($19,899.08)

 

Total Amount of Change Order No. 003 - Deduct	($19,899.08)
Original Contract Amount	$17,200,000.00
Previously Approved Changes	$1,237,263.78
Change Order No. 003 - Deduct	($19,899.08)
Total Revised Contract Amount	$18,417,364.70
Amount Paid to Date	$18,045,623.29
Amount Remaining	$371,741.41

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 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 since the last Board meeting and is presented by payroll and pay date.

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 E is an estimation of payrolls to be processed prior to the next Board meeting and is presented by payroll and pay date.  Board authorization is requested for amounts not to exceed totals in the Claims Report E.

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:  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.   Pursuant to Nebraska Revised Statute Section 79-989, the amount of accumulated member contributions and interest earned refunded directly to individuals is not public record and these amounts have been redacted and presented in total. The Administration recommends approval of the attached claims to be paid from OSERS’ funds.

Rationale:  State Statue 79-584 requires the Secretary to the Board of Education to audit all accounts of the Class school district and to submit that audit to the Board of Education Audit Committee for review and approval.   The objective of the audit is to obtain and review sufficient claim documentation to determine the risk of material misstatement.   The audit methodology is set forth on the Claims Audit Report.

Rationale:  FUND: 158, Sherwood Foundation Grant
PROGRAM: 2199, Other Student Support Services
DEPT: 7198136, Music
PROJECT: 435819, Musical Instruments and PD
SUPPLIER: Omaha Conservatory of Music
POLICIES: 6020
AMOUNT: $102,144.00

Administration recommends approval of the attached Omaha Conservatory of Music agreement, to provide instrumental music lessons at our middle and high schools.  The lessons will provide individual, specialized instruction on wind, percussion, and string instruments to strengthen the individual playing skills of students.  The cost for the 2022-2023 school year is $102,144.00, which will be covered by the instrumental music grant.

Rationale:  Funds: 1, General Fund
            153, Special Education - IDEA
Programs:  1214, Speech Therapy School Age
              1215, Speech Therapy Ages 3-5
              1227, Nurses Ages 3-5
              1231, Nurses School Age
              1265, Nonpublic Teachers
              1266, Nonpublic Therapists
              3101, Early Childhood Homebased
              3103, Early Childhood Center Based
Department: 7194010   Special Education Administration
Project: 462023 - IDEA Base/EP Grant
Policy:  7000 VII.A.
Strategic Plan:  Goal 1, Academics
Amount: $1,236,313.00

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 the 2022-2023 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 2022-2023 school year. All providers will be approved by NDE to provide special education and related services. This is the third group of Special Education service contracts to be submitted for the 2022-2023 school year.  Additional service contracts for this school year will be submitted for board approval in the future. The total cost to the District is estimated to be $1,236,313.00 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:  Pursuant to Policy 7000, IX.A.2, Administration recommends approval of the attached Lease Agreement with Omaha Cellular Telephone Company (Doing Business As Verizon Wireless) for the installation and operation of a cellular communications facility at 4725 S. 24th St. (South High School Stadium). This lease would allow Omaha Cellular Telephone Company regular site access for the installation and ongoing operation of cellular equipment on the premises.  The initial term of the lease is five (5) years beginning September 23, 2022, at a rate of $25,000 per year to be paid in monthly installments.  The Lease provides for up to four lease extensions of five years each at the discretion of Omaha Cellular Telephone Company.  Each new five year lease term will carry an increase of 15% over the previous term. 

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: 175 - ESSERS II
DEPT: 7062560 Districtwide Technology
ACCOUNT: 54630 Equipment under $5,000.00
PROGRAM: 1100 Regular Instruction
PROJECT: 499533 ESSERS II
POLICIES: 7000, III. K., 7000, V. G.
VENDOR: Apple Inc.
AMOUNT: $812,720.00

Pursuant to Policy 7000, III. K., staff recommends approval of the purchase of approximately 1,600 iPad Air 9th generation tablets with Wi-Fi Cellular data capability in the amount of $812,720.00.

The per unit cost of each iPad Air 9th Generation is $507.95 and includes a 4-year AppleCare warranty covering service and repairs along with a protective case.

This iPad purchase is keeping with the District’s one to one technology initiative and this purchase will ensure schools will have adequate spare iPads in inventory throughout the school year to respond to changes in student enrollment, daily loans when iPads are forgotten, or immediate replacement when devices are lost. 

No bid was required for this purchase because Apple is a sole source provider.

Rationale:  Administration recommends extension of the Memorandum of Understanding (MOU) with the National Center for Families and Learning (NCFL) through September 30, 2023.  NCFL leads the Statewide Family Engagement Center grant in Nebraska while collaborating with local school districts.  On December 14, 2020, the Board of Education approved an initial MOU with NCFL for family literacy and learning activities.  On March 7, 2022, the Board approved continuation of the NCFL program through the 2021-2022 school year because NCFL had grant funds available.  NCFL has indicated that it has funds available to continue providing services and support to the District through September 30, 2023.  The agreement is at no cost to the District and contemplates that NCFL will pay the District $35,000 as part of the grant to support implementation of family literacy and engagement activities, to include adult education, children's education, parent time, and parent and child together time. 

Rationale:  The Board will consider the attached resolution to set the 2022-2023 Douglas County School District 0001 property tax requests as follows:

General Fund - $288,017,487
Bond Fund - $46,993,739
Special Building Fund - $14,553,788
Qualified Capital Purpose Undertaking Fund - $5,190,193

Rationale:  The Board will consider the attached resolution to set the 2022-2023 ESU No. 19 property tax request at $4,322,446.50.

Rationale:  The Board will consider the attached resolution to approve the 2022-2023 General Fund local operating fund budget in the amount of $710,000,000, supported by tax requirements of $288,017,487 plus reimbursable programs in the amount of $245,000,000 for a total General Fund Budget of $955,000,000.

Rationale:  The Board will consider the attached resolution to approve the 2022-2023 Douglas County School District 0001 budgets, which require a tax levy, excluding the General Fund as follows:
Bond Fund - $214,343,007
Special Building Fund - $91,650,000
Qualified Capital Purpose Undertaking Fund - $5,380,761

Rationale:  The Board will consider the attached resolution to approve the 2022-2023 non-levy budgets for Douglas County School District 0001 which includes the following:
School Lunch - $50,389,091
School Activities - $6,500,000
Central Stores - $4,000,000
Depreciation - $38,000,000
Employee Benefit - $15,300,000
Student Fees - $1,000,000
Contingency - $20,200,000
Cooperative - $4,500,000

Rationale:  The Board will consider the attached resolution to approve the 2022-2023 ESU No. 19 budget of $21,500,000.

Rationale:  The Accountability Committee recommends approval of the attached goals for the Superintendent.

Rationale:  The Chair of the Student Assignment Plan Committee will provide an update.

Rationale:  Policy 8120 stipulates the Board of Education shall cause policies and regulations  to be revised as necessary.  Administration will provide recommended changes to the following policies:

8273 - Vacancies
8346 - Public Participation at Board Meetings
 

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

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.