November 28, 2022 at 6:00 PM - Omaha Public Schools Board of Education and Educational Service Unit 19 Board Meeting
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A. OPS Board Of Education Information
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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. |
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B. Call to Order
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C. Pledge of Allegiance
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D. OPS Vision and Mission Statement
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The Vision: Every Student. Every Day. Prepared for Success.
The Mission: To prepare all students for success in college, career, and life. |
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E. Roll Call
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E.1. Excused/Unexcused Absence
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F. School Spotlight
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The #OPSProud Spotlight celebrates Omaha Public Schools educators recognized by the Nebraska Art Teachers Association:
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G. Board and Superintendent Communications
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G.1. Superintendent
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G.2. Board Members
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H. Public Comment and Recognition
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I. Consent Agenda
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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.
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I.1. Reading of Minutes
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I.1.a. Monday, November 14, 2022 - Regular Meeting
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I.2. Approval to Award Bid No. 23-007 to Phoenix Contracting LLC., for Band Trailers ($143,395.00)
Rationale:
FUND: 4070 Depreciation Reserve Fund
PROGRAM: 2510 Business Support Services DEPT.ID: 7062100 Accounting & Finance Office SUPPLIER: Phoenix Contracting LLC. POLICY: 7000, III. K. AMOUNT: $143,395.00 Administration recommends awarding Bid No. 23-007 to Phoenix Contracting LLC., for Band Trailers. The band trailers will be used by high school band staff to transport marching band equipment to sporting events and competitions. The trailers will be distributed to the following schools: Bryan High School, Buena Vista High School, Westview High School, North High School, Northwest High School, Benson High School & South High School. Central High and Burke High own similar trailers for these purposes, so they were not included in the purchase. The District received two (2) bid responses. Coast to Coast Mobile Vending LLC is non-compliant due to not completing pricing for all option years as stated in the bid document. Administration recommends awarding Phoenix Contracting LLC. for a total amount of $143,395.00.
NC = non-complaint does not meet the specifications within the bid document. For complete bid documentation contact Catherine.Utecht@ops.org.
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I.3. Approval to Award Bid No. P008-23 and Contract to MMC Mechanical Contractors, Inc. Company of Omaha for Rose Hill Elementary School and Belvedere Elementary School Cooling Tower Additions, Summer of 2023 ($1,230,560.00)
Rationale:
FUND: 175 Covid Federal Grants
PROGRAM: 2620 Maintenance School/District Buildings DEPT. ID: 7166600 Schoolhouse Planning SUPPLIER: MMC Contractors, Inc. of Omaha POLICIES: 7000, III.K, 7000, VII.A, 7000, VII.D AMOUNT: $ 1,230,560.00 Administration recommends approval to Award Bid No. P008-23 to MMC Mechanical Contractors, Inc. of Omaha for the addition of cooling towers and hydronic system improvements at Belvedere Elementary and Rose Hill Elementary. The work will include the abandonment of the existing geothermal well circulation loop, the installation of a new cooling tower, replacement of boilers, pumps, storage tanks, and associated piping and accessories, as indicated in project drawings. This project is funded under Pillar 3 of the approved ESSERS plan. The existing geothermal systems at these schools have reached the end of their useful service life and are no longer sufficient in meeting the cooling and heating demands of the buildings. The addition of a cooling tower at each building will be installed to meet the cooling needs of the building and replacement of the existing boilers will upgrade the aging undersized boilers to meet the heating demand. Water pumps, storage tanks, and heat exchangers associated with the hydronic system will also be replaced as part of this work. The District received (1) bid response from MMC Mechanical Contractors, Inc. of Omaha. The bid was within the engineers' pre-bid estimate and the allotted project budget. Administration recommends awarding Bid No. P008-23 and the attached contract with MCC Contractors, Inc. of Omaha, the low compliant bidder for approval. The cost of work at Belvedere Elementary School is $622,550.00 and the cost of the work at Rose Hill is $608,011.00 for a total price of the contract of $1,230,560.00.
For complete bid documentation, contact Barakat.Elshalaby@ops.org
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I.4. Approval of Change Order No. 003 for Highland Elementary School: Capital Improvements & Renovation Project – 2018 Bond Program - (Deduct $194,962.72) Revised Total: $5,366,517.53
Rationale:
FUND: 42 - 2018 Bond Program Proceeds Fund
PROGRAM: 2591 - Buildings & Grounds DEPT: 0650020 - Highland Elementary School PROJECT: 321513 - Highland Elementary School: Capital Improvements & Renovation Project SUPPLIER: Hausmann Construction, Inc. POLICY: 7000, IV.G. AMOUNT: $194,962.72 Pursuant to Policies 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: Project: Highland Elementary School: Capital Improvements & Renovation Project Architect/Engineer: Leo A Daly Contractor: Hausmann Construction, Inc. Fund: 42 2018 Bond Program
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I.5. 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.).
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I.6. 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.
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I.7. 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.
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I.8. 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.
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I.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 since the last Board meeting and is presented by payroll and pay date.
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I.10. Approval of Claims Report E - Payroll Estimated 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 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.
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I.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. 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.
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I.12. Committee on Claims Audit Approval 11/28/2022
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.
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I.13. Approval of Educational & Schematic Design for Addition to Benson High School to Include a New Entrance and Spaces for Students to Access Basic Healthcare, Mental Health Services, and HealthCare Education Opportunities
Rationale:
Administration and Holland Basham request approval of the Educational Specification and Schematic Design Documents for the Benson High School Capital Improvements and Renovation Project. This collaborative project supported in part by the Benson High School Foundation will consist of a dynamic two-story addition, providing a distinctive entrance to Benson High School. The new addition will provide a copious amount of natural light with lofty ceilings to exhilarate and inspire students and visitors. The outdoor plaza area will have sculptural seating features that can allow for outdoor instruction or social gatherings, as well as individual seating. Through partnerships with community organizations of Charles Drew Medical Health Center, Project Harmony, Methodist Health System, and University of Nebraska Medical College, the new space will provide students access to basic healthcare, mental health services, and healthcare education opportunities. The electronic Schematic Design booklet is included for consideration. Administration recommends approval of the Schematic Design in order to proceed to the next phase of the design process, which is Design Development. This project will be funded in part by ESSERS funds under Pillar 3.
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I.14. Approval of Final Extension of Agreement with Simplified Office Solutions Inc., per Bid No. 19-001 for Replacement Copiers, Parts, and Consumables from January 1, 2023, through December 31, 2023 ($237,520.17)
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 final extension of the agreement with Simplified Office Solutions Inc., per Bid No. 19-001, replacement copiers, parts and consumables from January 1, 2023, through December 31, 2023. The contract allowed three (3) one-year extensions. This will be the third and final one-year extension to this agreement. The District projects a total cost of $237,520.17 in 2023, based on the usage under this contract in prior years for replacement copiers, parts, and consumables.
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I.15. Approval of the First Amendment with Lion's Gate Security Solutions, Inc. for Screening Services and Substitute Security Guard Services for the 2022-2023 School Year
Rationale:
FUND: 1 General
PROGRAM: 2150 Student Safety DEPARTMENT : 7105700 School Safety SUPPLIER: Lion's Gate POLICY: 7000 AMOUNT: $88,000.00 The Office of School Safety recommends approval of the first amendment to the District's agreement with Lion's Gate Security Solutions, Inc. for contracted screening services and substitute security officer services. The Board of Education approved the original contract for these services in September of 2017. The District has exercised its option for all possible option years that were available in the 2017 contract but recommends approval of the first amendment to provide a temporary extension of the agreement through May 31, 2023, while the District conducts a bid for these services. Administration requests that the Board of Education waive Policy 7000, III., or the District's procurement procedures, for this first amendment. The rates for the 2022-2023 school year are $1,900.00 per event for screening services and $65.00 per hour for substitute security officer services. Contracted screening services and substitute security officer services are placed at schools at the discretion of the Office of School Safety to meet the needs of buildings for winter games of interest and staff absences.
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I.16. 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.
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I.17. Approval to Purchase 560 TV Stands from KC Audio Visual for Use in Secondary Classrooms ($152,443.20)
Rationale:
FUND: 175 ESSERS III
DEPT. ID: 7062560 Districtwide Technology ACCOUNT: 54630 Equipment under $5,000.00 PROGRAM: 1100 Regular Instruction PROJECT: 499231 ESSERS III Technology Tools VENDOR: KC Audio Visual POLICIES: 7000, III. K., 7000, VII. D. AMOUNT: $152,443.20 Pursuant to Policy 7000, III., D., Administration recommends the purchase of 560 television stands. The contract and pricing were approved under agenda item I.4 Award of Bid No. 21-029 at the June 21, 2021 Board of Education meeting. The television stands will be used in conjunction with the televisions in secondary school classrooms to support classroom instruction with a 1 to 1 device. The cost of this purchase is $152,443.20. Funding is provided through the Elementary and Secondary School Emergency Relief Fund -ESSERS III. Administration recommends Board of Education approval be contingent on KC Audio Visual accepting the additional, required ESSERs terms.
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I.18. Approval to Purchase 594 Apple TVs and 699 HDMI Cables from Apple, Inc. for Use in Secondary Classrooms ($109,441.05)
Rationale:
FUND: 175 ESSERS III
DEPT. ID: 7062560 Districtwide Technology ACCOUNT: 54630 Equipment under $5,000.00 PROGRAM: 1100 Regular Instruction PROJECT: 499231 ESSERS III Technology Tools POLICIES: 7000, III. K., 7000, VII. D. VENDOR: Apple, Inc. AMOUNT: $109,441.05 Pursuant to Policy 7000, III. K., Administration recommends the purchase of 594 Apple TV’s and 699 HDMI cords from Apple Inc. for secondary school classrooms. Apple TV’s are used to manage and share content from a 1 to 1 device to classroom televisions. In keeping with the provisions of Policy 7000, V.G., no bid was required for this purchase because Apple is a sole source provider. The cost of the purchase is $109,441.05. Funding is provided through the Elementary and Secondary School Emergency Relief Fund -ESSERS III. |
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I.19. Approval to Purchase 511 Televisions from Striv AV for Use in Secondary Classrooms ($545,675.00)
Rationale:
FUND: 175 ESSERS III
DEPT. ID: 7062560 Districtwide Technology ACCOUNT: 54630 Equipment under $5,000.00 PROGRAM: 1100 Regular Instruction PROJECT: 499231 ESSERS III Technology Tools POLICIES: 7000, III. K., 7000, VII. D. VENDOR: Striv AV AMOUNT: $545,675.00 Pursuant to Policy 7000, III., D., Staff recommends the purchase of (401) 75" televisions and (110) 55" televisions from Striv AV. Pricing and contract for these televisions were approved under Agenda Item I.5. Televisions Bid 22-065 at the March 21, 2022 Board meeting. The televisions will be used in existing secondary school classrooms to support instruction by allowing student and teacher work on iPads to be shared in the class. A survey of current classroom needs was conducted to determine this need. The cost of this purchase is $545,675.00. Funding is provided through the Elementary and Secondary School Emergency Relief Fund -ESSERS III. Administration recommends Board of Education approval be contingent on KC Audio Visual accepting the additional, required ESSERs terms.
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I.20. Approval of Purchase of Additional Data Protection Capacity and License Increase from CDW ($195,688.47)
Rationale:
Cohesity Data Protection Capacity and License Increase
Rationale: FUND: 1 (General) PROGRAM: 1100 (Regular Instruction) DEPT ID: 7062560 (District Wide Technology) SUPPLIER: CDW (Previously Sirius) POLICY: 7000 V.B. AMOUNT: $195,688.47 Per Policy 7000 V.B. Administration recommends the Board of Education approve the purchase of additional storage capacity and licensing necessary to upgrade to the existing data protection and retention infrastructure. This upgrade will expand current hardware and licensing necessary to increase the backup storage capacity of the various district systems. This upgrade will also allow for longer on-site retention with an increase in response time for data recoveries. The cost of the expansion is $195,688.47. CDW (previously Sirius) used the state contract pricing for Cisco products and the cost includes trade-in discount on old equipment, all software and licensing, and a three-year warranty to co-term with the existing hardware previously purchased. Attached is the original quote for a full breakdown if needed.
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I.21. Approval of a Revised Data Protection Agreement with VitalSource Technologies
Rationale:
Vendor: VitalSource Technologies
Policy: 6010 Strategic Plan: Priority 1, Academics Administration requests approval of a revised Data Protection Agreement with VitalSource Technologies. The original Data Protection Agreement with VitalSource covered social studies courseware and was approved at the July 12, 2021, Board of Education meeting. The Data Protection Agreement has been updated to include the following math courseware by Sapling: AP Statistics, AP Calculus AB, AP Calculus BC, Data and Statistics, and the MacMillan Learning eBook app. The courseware addition will allow students in these courses to access their textbooks directly through an application on their District-provided devices. There was no cost involved in adding the math courseware to the Data Protection Agreement.
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I.22. Approval of Second Reading of Policies 5408, 5419, 5420, 5424, 5426, 5501, and 5504
Rationale:
Policy 8120 stipulates the Board of Education shall cause policies and regulations to be revised as necessary. The Board Policy Committee recommends changes to the following policies:
5408 - Health Screening 5419 - Student Privacy Protection 5420 - Dating Violence 5424 - Elementary School Uniforms 5426 - Student Data 5501 - Bus Transportation 5504 - Special Education Transportation
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I.23. Approval of Estimated 2022-23 Basketball Season Officials' Costs ($182,790.00)
Rationale:
The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds. Approval is requested for the estimated 2022-2023 basketball season officials' pay. Payments to officials will be processed on a weekly basis during the season as pay requests are submitted to Accounts Payable. The total amount of approval requested is $182,790 and total payments will not exceed this amount without additional Board of Education approval.
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J. Discussion and/or Action Items
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J.1. Action Item(s)
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J.2. Information Item(s)
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J.2.a. Summary of Assessment Results 2021-2022
Rationale:
District staff will provide summary information on Spring 2022 MAP Growth Results and Nebraska Student-Centered Assessment System (NSCAS) Data.
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J.2.b. Update to Policies 5421, 5422, 5427, 5503, 5506, 5601, and 5700
Rationale:
Policy 8120 stipulates the Board of Education shall cause policies and regulations to be revised as necessary. The Board Policy Committee recommends changes to the following policies:
5421 - Use of Restraint and Seclusion 5422 - Service Animals 5427 - Therapy Animals 5503 - Use of School Buses 5506 - Safe Pupil Transportation Plan 5601 - Asthma and Allergic Reaction Protocol 5700 - Do Not Resusictate/Do Not Intubate (DNR/DNI) Requests
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K. Receipt of Reports
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K.1. District Educational Benefits Eligibility Report 2022-2023
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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. 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. |
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M. Adjournment
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