June 5, 2023 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
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. |
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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
Rationale:
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
Rationale:
The #OPSProud Spotlight highlights the Academic Pentathlon team from McMillan Middle, who competed at the national competition in California last month.
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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
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.
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I.1. Reading of Minutes
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I.1.a. Monday, May 15, 2023 - Regular Meeting
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I.2. Approval of the 2023-2025 Audit Contract Extension with Eide Bailly ($651,900.00)
Rationale:
FUND: 1 - General Fund
PROGRAM: 2510 - Business Support Services DEPT: 7062100 - Accounting & Finance Office SUPPLIER: Eide Bailly POLICY: 7000 AMOUNT: $651,900.00 Administration recommends the District exercise its option to extend the current audit contract with Eide Bailly, formerly Seim Johnson, for three additional years. The extended contract will run from fiscal years 2023 to 2025. This is the last extension under the original agreement approved in 2017. Contract costs proposed for the three-year extension are as follows:
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I.3. Approval of Agreement with the Metropolitan Community College to Support the Gateway to College Program for the 2023-2024 School Year ($80,000.00)
Rationale:
FUND: 1, General
PROGRAM: 1100, Regular Instruction DEPARTMENT: 7193010, Secondary Education Administration POLICIES: 6213 AMOUNT: $80,000.00 (maximum) In keeping with the provisions of Policy 6213, Administration recommends approval of a renewed contract with Metropolitan Community College to continue the Gateway to College program. Gateway to College is a nationally recognized scholarship and dual-credit high school diploma completion program. Omaha Public Schools provides this opportunity through the Multiple Pathways program to students ages 16-20 who are either at high risk of leaving high school or who have left high school without earning a diploma and choose to return to education and complete a high school diploma while earning college credit at MCC. All courses are dual credit and students earn college and high school credits at the same time. Courses align to meet high school graduation requirements. All courses are held on campus at Metropolitan Community College. A new, one-year contract for the 2023-2024 academic year is proposed with an $80,000.00 cap. The cap remains unchanged from past years. The term of this contract is September 1, 2023-August 31, 2024.
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I.4. Approval of the Agreements with Solution Tree and Leading Educators to Provide Professional Development Training and Assistance as Part of the Title I Comprehensive Support and Improvement (CSI) Grant
Rationale:
Administration recommends approval of the attached agreements with Solution Tree and Leading Educators to provide professional development training and assistance as part of the Comprehensive Support and Improvement (CSI) Grant. As discussed more fully during the presentation the Board on May 15, 2023, the CSI Grant is offered by the Nebraska Department of Education's (NDE) Accountability System (AQuESTT) to identified schools that need additional strategic instructional support. CSI designated schools submit a continuous improvement plan to be approved by NDE. As part of the various plans, the District and NDE have agreed that the District will provide additional professional development. The District will partner with Solution Tree (secondary) ($241,774.00) and Leading Educators (elementary) ($1,082,718.00) to provide professional development and assistance to the CSI Grant Schools beginning May 16, 2023 and ending September 30, 2024.
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I.5. Approval of Amendment No. 003 to the Agreement with Hausmann Construction, Inc. – North High School Capital Improvements & Renovation Project – 2018 Bond Program – (Add $564,097.00) Revised Total $8,137,273.00
Rationale:
FUND: 42 - 2018 Bond Program Proceeds Fund
PROGRAM: 2591 - Building & Grounds DEPT: 3320020 - North High School Facilities PROJECT: 321523 - North High School Project SUPPLIER: Hausmann Construction, Inc. POLICY: 7003, F.3. AMOUNT: $564,097.00 Pursuant to Policy 7003, F.3., Administration, Jacobs, and Jackson-Jackson & Associates, Inc. recommend approval of Amendment No. 003, which consists of west entrance waterproofing foundation improvements and new exterior door and hardware security improvements for the North High School Project for a guaranteed maximum price (GMP) of $564,097.00. Additional work is needed due to the discovery of unforeseen water damage to the exterior wall by the west entrance in order to mitigate future building infrastructure foundation issues. Additionally, the new exterior door and hardware will improve the building’s overall safety and security for students and staff. The Board approved the CMR Agreement with Hausmann Construction, Inc. on December 14, 2020, GMP Amendment No. 001 on May 3, 2021, and GMP Amendment No. 002 on July 14, 2022. The addition of GMP Amendment No. 003 brings current value of the CMR Agreement to a total amount of $8,137,273.00.
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I.6. Approval to Award Bid No. 23-034 to Rotella’s Italian Bakery for Bread Products for the 2023-2024 School Year ($669,000.00)
Rationale:
FUND: 4005 Nutrition Services Fund
PROGRAM: 2199 Other Student Support Services DEPT: 7165000 Nutrition Services SUPPLIER: Rotella’s Italian Bakery POLICIES: 5417, 7000, IV.C. AMOUNT: $669,000.00 Administration recommends approval to award Bid No. 23-034 to Rotella’s Italian Bakery for the purchase of Bread Products for the 2023-2024 school year as a part of the District's healthy school breakfast and lunch program for all students under Board Policy 5417. Rotellas Italian Bakery was the only respondent. The total amount awarded to Rotella’s Italian Bakery is $669,000.00.
Complete documentation is available in the office of District Operational Services.
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I.7. Approval to Award Bid No. 23-047 to ScoreVision for Software and Related Components for Indoor and Outdoor Video Boards ($37,111.00)
Rationale:
FUND: 4070 Depreciation Reserve
PROGRAM: 2591 Building & Sites DEPARTMENT: 3610020 Burke HS Facility SUPPLIER: ScoreVision POLICY: 7000, III. K., 7000, VII. A. AMOUNT: $37,111.00 Administration recommends approval to award Bid No. 23-047 to ScoreVision for video scoreboard software and related components for the Burke High School outdoor video board. ScoreVision provided the low bid for Burke High School outdoor software. The software and components for this board will be used to support student activities, athletic competitions, and physical education classes, as well as the annual state track meet. This is a one-time purchase of $37,111.00 plus an annual maintenance fee of $5,000.00.
For complete bid documentation, contact Abby.Peters@ops.org.
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I.8. Approval to Award Bid No. 23-056 to Greenberg’s Produce ($1,269,000.00) and Pekarek’s Produce ($13,875.00) for Produce Products for the 2023-2024 School Year ($1,282,875.00)
Rationale:
FUND: 4005 Nutrition Services Fund
PROGRAM: 2199 Other Student Support Services DEPT: 7165000 Nutrition Services SUPPLIER: Greenberg’s Produce $1,269,000.00 SUPPLIER: Pekarek’s Produce $13,875.00 POLICIES: 5417, 7000, IV.C. AMOUNT: $ 1,282,875.00 Administration recommends approval to award Bid No. 23-056 to Greenberg’s Produce for the purchase of Produce Products for the 2023-2024 school year and Pekarek’s Produce for the purchase of Local Produce Products for the 2023-2024 school year as a part of the District's healthy school breakfast and lunch program for all students under Board Policy 5417. Greenberg’s Produce was the sole bidder on general produce products. Wolff Farms was non-compliant as they only provided products that the District does not utilize. Pekarek’s Produce was the low-compliant bidder for local produce. The total amount awarded to Greenberg’s Produce is $1,269,000.00 and $13,875.00 to Pekarek’s Produce. Bid Documents were provided to eight vendors with four responses shown below.
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I.9. Approval to Award Bid No. P024-23 and Contract to MMC Mechanical Contractors for Roof Top Unit Replacement at Wilson Focus School, Winter of 2023 ($183,997.00)
Rationale:
FUND: 1 & 175 General Fund reimbursed by Covid Federal Grants
PROGRAM: 2620 Maintenance School/District Buildings DEPT. ID: 7166600 Schoolhouse Planning SUPPLIER: MMC Mechanical Contractors POLICIES: 7000, III.K, 7000, VII.D AMOUNT: $ 183,997.00 Administration recommends approval to Award Bid No. P024-23 to MMC Mechanical Contractors for Roof Top Cooling Unit Replacement at Wilson Focus School. The existing rooftop units at Wilson Focus have reached the end of their useful service life and are no longer sufficient to meet the cooling demands of the buildings. This project includes replacing three (3) existing Roof Top Units (RTUs) with new RTUs and associated piping, ductwork, and electrical modifications. The project also includes required structural modifications to support the new units and roof patching. This project is funded under Pillar 3 (Infastructure) of the approved ESSERS plan. Administration recommends awarding Bid No. P024-23 and the attached contract with MMC Mechanical Contractors, the low compliant bidder, for approval. Fund 1 will be used and reimbursed from Fund 175 Covid Federal Grants. The total price of the contract is $183,997.00. Bids received were:
For complete bid documentation, contact Barakat.Elshalaby@ops.org.
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I.10. 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.11. 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.12. 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.13. 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.
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I.14. 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.
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I.15. 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.16. 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.
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I.17. Committee on Claims Audit Approval 6/5/2023
Rationale:
State Statue 79-584 requires the Secretary to the Board of Education to audit all accounts of the Class V 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.18. Approval of a Consulting Services Agreement with Boys Town National Community Support Services for Central High School through April 26,2024 ($34,930.35)
Rationale:
FUND: 154, Title I-A
PROGRAM: 1100 , Title I-A DEPT: 3311110 Central High School Instruction SUPPLIER: Father Flanagan's Boys' Home Boys Town National Community Support Services POLICY: 7000 VII.A. AMOUNT: $34,930.35 Administration recommends that the Board of Education approve the attached agreement with Boys Town National Community Support Services to provide services for Central High School. Boys Town facilitators will continue to support Central High School staff and students to develop and sustain social skills through workshops and training sessions. The Board of Education originally approved a Consulting Services Agreement with Boys Town National Community Support Services for Central High on October 17, 2022. The total cost of this agreement is $34,930.35. The District has previously spent over $50,000 on services from Boys Town and therefore brings this contract to the Board for approval. Boys Town facilitators will provide ongoing coaching and professional development to support teachers' implementation of social skills instruction and reteaching. This proactive approach provides teachers with the tools to remain focused on academic content during instruction time, aligned with the school's academic improvement goal. This resource was identified by district Multi-Tiered Systems of Support for Behavior (MTSS-B) staff. A portion of the proposal develops the capacity of members of the school staff to deliver social skills training on an ongoing basis. The CHS Boys Town certified trainers will ensure that the initial professional development investment continues to yield the benefits, as new staff are onboarded, and tenets of the model are implemented with fidelity on an ongoing basis.
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I.19. Approval of a Consulting Services Agreement with The Leadership Academy for Dr. Nancy Gutierrez to Speak at the June 2023 Principal Institute ($5,000)
Rationale:
FUND: 5191 ESU 19 Staff Development
PROGRAM: 2251 Staff Development DEPARTMENT: 704330 Staff Development Department SUPPLIER: The Leadership Academy AMOUNT: $5,000 Strategic Priority: (2) Staff The Department of Accountability and School Improvement recommends the approval of the speaking agreement between the Omaha Public Schools and the Leadership Academy. Dr. Nancy Gutierrez, President and CEO of the Leadership Academy, who will address elementary, middle, and high school principals and program directors on June 5, 2023 as part of the Principal Leading and Learning Institute. The original agreement with the Leadership Academy was approved by the Board of Education on February 6, 2023. The cost of the speaking agreement is $5,000.00. The District has previously spent over $50,000 on The Leadership Academy and therefore brings this contract to the Board for approval.
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I.20. Approval of a Contract with Empowering Student Leaders, LLC to Provide Summer Leadership Camps for Secondary Students Who Qualify for the Migrant Education Program for the Summer of 2023 ($71,359.76)
Rationale:
FUND: 176, Miscellaneous Federal Grants
PROGRAM: 1170, English Language Learners DEPT: 7198170, English As a Second Language GRANT: 471223, Title IC Migrant POLICIES: 7000, III.K., VII.A. Amount: $71,359.76 Administration recommends approval of the agreement with Empowering Student Leaders for the summer of 2023 camp offerings which will provide additional support and leadership opportunities for students who qualify for the Title IC Migrant Education Program. The camps include: Foundations to Success Camp (4 days), Career Camp (5 days), and Senior Success Camp (6 days). The total cost of the agreement for all camps is $71,359.76. If additional students are recruited above the anticipated number, OPS shall pay an additional $100 per student per day for Foundations to Success Camp, $80 per additional student per day for Career Camp, or an additional $90 per additional student per day for Senior Success Camp.
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I.21. Approval of Contract with Seidlitz Education for Training at the Omaha Public Schools Multilingual Learner Fall Conference 2023 ($27,687.50)
Rationale:
FUND: 176, Miscellaneous Federal Grants
PROGRAM: 1170, English Language Learners DEPT: 7198170, English As a Second Language GRANT: 464923, Title III Limited English Prof. POLICIES: 7000 III.K. Amount: $27,687.50 Administration requests approval of the attached consulting agreement with Seidlitz Education to provide training at the Multilingual Learner Conference. The Omaha Public Schools provides annual professional learning opportunities for teachers and staff to fulfill the requirements of Nebraska Rule 15. Seidlitz Education will provide five national speakers to present training at the Multilingual Learner Fall Conference which will be offered to Omaha Public Schools teachers and staff as well as Omaha metro educators. Strategies presented are in alignment with the Omaha Public Schools Learning Framework and English Learners Academic Model. Omaha Public Schools shall pay the consultant $27,687.50 for the trainers and materials using federal Title III EL grant funding. The District has previously spent over $50,000 on contracts with Seidlitz and therefore brings this contract to the Board for approval.
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I.22. Approval of Data Protection Agreement with Lab Aids for EDC Earth Science-2022, as Part of Proposal P021-22
Rationale:
On May 1, 2023 the Board of Education approved Agenda Item J.2.a. High School Science Adoption, which includes Lab Aids for EDC Earth Science-2022 and the Data Protection Agreement. The Data Protection Agreement was not included as an attachment. Administration requests approval of the attached Data Protection Agreement with Lab Aids.
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I.23. Approval of the Hatfield Settlement Agreement
Rationale:
In keeping with the provisions of Nebraska Revised Statute § 84-713 and Policy 3560, Administration recommends approval of the attached Settlement Agreement between George W. Hatfield and the District. Mr. Hatfield filed a tort claim on September 2, 2021, against the District as a result of motor vehicle accident involving a van owned and operated by the District. Mr. Hatfield sustained injuries and the motorcycle he was operating was also damaged. The settlement, in the amount of $150,000, was negotiated by the parties. As part of the Agreement, the District is released from all claims. The settlement amount is below the District’s retention. As such, settlement will be paid from the General Fund.
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I.24. Approval of a One-Year Extension to the Agreement between the District and Hiland Dairy Foods Company, LLC, to provide Milk Products for Students for the 2023-2024 School Year ($3,125,480.00)
Rationale:
FUND: 4005 Nutrition Services Fund
PROGRAM: 2199 Other Student Support Services DEPT: 7165000 Nutrition Services SUPPLIER: Hiland Dairy POLICIES: 5417, 7000, IV.C. AMOUNT: $ 3,125,480.00 Administration recommends approval of the attached one-year extension of the Agreement between the District and Hiland Dairy Foods Company, LLC., ("Hiland") to provide milk products for the 2023-2024 school year as a part of the District's healthy school breakfast and lunch program for all students under Board Policy 5417. The Board of Education approved the award of Bid No. 21-044 on June 10, 2021, for Hiland to provide specified dairy products to the District. On June 6, 2022, the Board of Education approved a one-year extension of this original Agreement. The District wishes to extend the Agreement for one additional year through July 31, 2024. The original Agreement did not include the right to extend, so, Administration is requesting that the Board waive the bidding requirements of Policy 7000, as the pricing set forth in the Agreement is not determined by Hiland Dairy. Pricing is established by the United States Department of Agriculture Central Market Federal Order No. 32, which adjusts prices on a monthly basis for the various items included in the original bid. The total amount of this one-year extension for the 2023-2024 school year is $3,125,480.00.
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I.25. 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.26. Approval to Purchase District Annual Order Art Supplies for the 2023-2024 School Year ($116,568.52)
Rationale:
FUND: 1 General Fund
PROGRAM: 2510 Business Support Services DEPT.ID: 7162900 Supply-Warehouse and Distribution of Inventory SUPPLIER: 54679 Cascade School Supplies $19,346.94 SUPPLIER: 9475 School Specialty $861.37 SUPPLIER: 6175 Pyramid School Products $96,360.21 POLICY: 7000 III.D AMOUNT: $116,568.52 Administration recommends approval to purchase District Art Supplies for the 2023-2024 school year. The District’s schools have submitted their requests for general art supplies for student use for the 2023-2024 school year through the annual order process. Five bid responses were received. All suppliers were compliant, so all items were awarded to the lowest bidder for that item. Through this bid process, the District saved $84,783.40, a 57% savings over the highest bid price. Due to the length of the bid and the number of unique items purchased, the bid table is attached. Based on the lowest bid, Cascade School Supplies will be awarded $19,346.94. School Specialty will be awarded $861.37, and Pyramid School Products will be awarded $96,360,21.
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I.27. Approval to Purchase Four (4) Additional New and Unused Current Year or Newer Type A-1 Activity Buses from Nebraska Central Equipment, Inc. per Bid No. 23-027 ($388,000.00)
Rationale:
FUND: 4070 Depreciation Reserve
PROGRAM: 2510 Business Support Services DEPT: 7062100 Accounting & Finance SUPPLIER: Nebraska Central Equipment, Inc. POLICY: 7000, VII., D AMOUNT: $388,000.00 Administration recommends approval to purchase four (4) additional New and Unused Current Year or Newer Type A-1 Activity Buses from Nebraska Central Equipment, Inc., using pricing from Bid No. 23-027, which was approved by the Board of Education on May 15, 2023. As specified in the bid document, the quoted price from an awarded bid is required to remain valid and be subject to additional purchases for up to 90 days after the bids due date. Two (2) of these additional buses will be assigned to Buena Vista High School and two (2) of these additional buses will be assigned to Westview High School to transport students for activities and athletics.
For complete bid documentation, contact Traci.Shobe@ops.org.
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I.28. Approval of the Secondary Partnership Agreement Between Metropolitan Community College and Omaha Public Schools for the 2023-2024 School Year
Rationale:
Administration recommends approval of the attached contract as a partnership agreement between Metropolitan Community College (MCC) and Omaha Public Schools. As an extension of the Concurrent Enrollment Program at Metropolitan Community College, students receive full college credit for MCC classes taught in an Omaha Public Schools setting where they meet MCC standards, policies, and objectives during the 2023-2024 school year. This program comes at no cost to the District.
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I.29. Approval of Service Agreement with Maxim Healthcare Staffing Services, Inc. for Contracted Registered Nurses at Various Schools for the 2023-2024 School Year
Rationale:
FUND: 1 General Fund
DEPT: TBD (various school locations) Program: 2130 Health Services POLICY: 7000 SUPPLIER: Maxim Healthcare Staffing Services, Inc. Administration recommends approval of a service agreement with Maxim Healthcare Staffing Services, Inc. to contract with registered nurses to work at various school locations during the 2023-2024 school year. There are currently 24 registered nurse vacancies throughout the District. These substitute registered nurses will temporarily support schools who currently have a vacant registered nurse position. The Omaha Public Schools will continue to hire and fill our vacant registered nurse positions. The contracted cost is $65.00 per hour. This hourly rate has been approved by the Nebraska Department of Education. Maxim Healthcare Staffing Services is currently under contract with Special Education and supports with registered nurses. Initially, the Board of Education approved a service agreement with Maxim Healthcare Staffing Services for the 2022-2023 school year at the meeting on July 15, 2022.
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I.30. Approval of Service Agreement with EDU Healthcare for Contracted Registered Nurses at Various Schools for the 2023-2024 School Year
Rationale:
FUND: 1 General Fund
DEPT: TBD (various school locations) Program: 2130 Health Services POLICY: 7000 SUPPLIER: EDU Health Services Administration recommends approval of a service agreement with EDU Healthcare to contract with registered nurses to work at various school locations during the 2023-2024 school year. There are currently 24 registered nurse vacancies throughout the District. These substitute registered nurses will temporarily support schools who currently have a vacant registered nurse position. The Omaha Public Schools will continue to hire and fill our vacant registered nurse positions. The contracted cost is $65.00 per hour. This hourly rate has been approved by the Nebraska Department of Education. EDU Healthcare is currently under contract with Special Education and supports with registered nurses. Initially, the Board of Education approved a service agreement with EDU Healthcare for the 2022-2023 school year at the meeting on July 15, 2022.
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I.31. Approval of Settlement Agreement Between the District and Mathew M (Redacted) and Angela M (redacted), individually and as Friends and Personal Representatives of their Minor Child, (Redacted)
Rationale:
Administration recommends approval of the attached Settlement Agreement negotiated by the parties during a recent mediation. The Agreement is between Mathew M (redacted) and Angela M (redacted), individually and as Friends and Personal Representatives of their minor child and the District and arises from the minor child’s sexual assault by a former District security guard. The total settlement is in the amount of $150,000. The Agreement releases the District from all claims and has been approved by the County Court of Sarpy County. The District will cover all costs associated with the settlement as the settlement is below the District’s retention.
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I.32. Approval of Surplus Inventory Items for Auction or Discard
Rationale:
Pursuant to Policy 3090, Administration recommends that the Board declare the items on the attached list as surplus and provide approval to auction the identified items including vehicles and miscellaneous surplus and discard items. The public auction will be held online through The Auction Mill L.L.C., on June 7, 2023 through June 17, 2023 for surplus items located at 4224 N. 30th St. Warehouse and June 14, 2023 through June 24, 2023 for surplus items located at 4301 N. 30th St.,US Mills Building, which include the Transportation list. The District is selling the surplus items "AS IS" since they are no longer usable by the District.
The District will pay 10% of the gross sale proceeds for any vehicles sold. The title transfer fee of $25.00 will be charged to the individual purchasing the vehicle. The Auction Mill L.L.C., will receive 20% of the gross proceeds of the sale for any property other than vehicles. The Administration further requests that the Board of Education authorize the Superintendent or their designee to sign all necessary transfer documents upon payment in full by the purchasers.
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I.33. Approval of Updated Term of Agreement for Proposal No. P004-23 to RULER for Emotion Regulation Framework and Tools
Rationale:
FUND:1 & 175 General Fund reimbursed by COVID Federal Grants
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I.34. Approval of Waiver of Rights with Maxim Healthcare Staffing Services, Inc.
Rationale:
Administration recommends approval of the attached Waiver of Rights with Maxim Staffing Services, Inc. The District’s current agreement with Maxim includes a provision that the District must pay to convert one of Maxim’s employees to the District’s employee. Maxim has agreed to forego any payment contemplated as part of this agreement, so the District is able to hire Cecilia Carman from Maxim to work for the District with no payment due to Maxim.
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J. Discussion and/or Action Items
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J.1. Information Item(s)
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J.1.a. Accountability Committee Update
Rationale:
The Chair of the Accountability Committee will provide an update.
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J.1.b. Report of the Legislative Committee Including Recommended Legislative Positions
Rationale:
The Legislative Committee, in keeping with the provisions of Policy 8150, recommends approval of its findings and recommendations as set forth in the attached summary of bills introduced before the Nebraska Legislature. The summary has been prepared with the assistance of Kissel Kohout ES Associates and generally includes legislation which may affect the District. The Committee continuously monitors legislative activity and may, from time to time, recommend that the Board take or update a position on a particular bill, resolution or amendment. Committee recommendations typically include one of the following: Support, Oppose, or Monitor with Research. In the absence of one of those recommendations, the Committee is recommending that the District take no position. Given the fluid nature of the legislature, the Committee may need to present new bills, resolutions or amendments, including some that may not have appeared on the bill summary, to the Board for consideration. In addition to the bill summary, the Committee, on occasion, recommends Board approval of position statements to guide the Board President and/or Superintendent when dealing with legislative debate on issues particular concern to the District that arise between Board Meetings. There are no new recommended positions in this report.
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J.2. Action Item(s)
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J.2.a. Amendment to the Superintendent Search Timeline
Rationale:
The Accountability Committee recommends amendment of the Superintendent Search Timeline adopted by the Board of Education on May 1, 2023. There are two major proposed changes to the Superintendent Search Timeline. First, search firm staff interviews with Board Members were originally scheduled to occur September 11-15. At the request of Board members, those were moved up and were completed between May 9-19. The Accountability Committee recommends that the Superintendent Search Timeline be updated to reflect that those have already occurred. Second, the timeline originally approved by the Board contemplated that stakeholder engagement meetings would occur over a 3 day window of October 3-5. Following discussion at the Board table and additional input from Board members, the Accountability Committee recommends that the stakeholder engagement meetings occur over a longer period of time to facilitate varying the days of the week and the hour of the day that such meetings can occur to maximize the opportunity for key stakeholders and the community to participate in stakeholder meetings. In keeping with that goal, the Accountability Committee recommends that the Superintendent Search Timeline be amended to reflect that stakeholder meetings will now occur between September 25 and October 7. The Accountability Committee further recommends that a minimum of 10 of the stakeholder meetings be open to the general public.
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J.2.b. Approval of First Reading of Policies 5102, 6020, 6112, and the 2023-2024 Code of Conduct
Rationale:
Policy 8120 stipulates the Board of Education shall cause policies and regulations to be revised as necessary. Administration will provide recommended changes to Policies 5102, 6020, 6112, 6213 and the 2023-2024 Code of Conduct.
5102 - Academic Eligibility for High School Students Who Participate in Any Sanctioned Activities Sponsored by the NSAA 6020 - The Program of Instruction 6112 - School Day for Students 2023-2024 Code of Conduct
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K. Receipt of Reports
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K.1. Head Start Monthly Board Report for April, 2023
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.
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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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