August 7, 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. Board and Superintendent Communications
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F.1. Treasurer
Rationale:
The Treasurer's Report for June 2023 is attached for review
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F.2. Superintendent
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F.3. Board Members
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G. Public Comment and Recognition
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H. Consent Agenda
Rationale:
At this time, any Board member may request that any item in the consent agenda be removed from the consent agenda and be considered and voted on separately.
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H.1. Reading of Minutes
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H.1.a. Monday, July 17, 2023 - Regular Meeting
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H.2. Approval of an Additional Contribution to the Omaha School Employees' Retirement System in the Amount of $34,432,198, which Includes Both the Actuarially Required Contribution of $29,432,198 and an Additional Contribution of $5,000,000
Rationale:
In keeping with the provisions of the Class V School Employee’s Retirement Act, Cavanaugh Macdonald Consulting, LLC has determined that the District is required to make an additional contribution of $29,432,198 to the retirement system. The District has budgeted a contribution of $23,994,000 for the current year. The District has sufficient cash on hand to make the actuarial required contribution as well as a supplemental contribution of $5,000,000. As such, the Administration recommends approval to disburse $34,432,198 to the Omaha School Employees' Retirement System, which amounts includes an additional $5,000,000 more than what is actuarially required.
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H.3. Approval of Agreements with American Security, LLC, for School and Facility Contracted Security Officer Services for the 2023-2024 School Year with Option Years for the 2024-2025 and 2025-2026 School Years
Rationale:
FUND: 1 General
PROGRAM: 2150 Student Safety DEPARTMENT: 7105700 School Safety SUPPLIER: American Security LLC Policy: 7000 Administration recommends the attached agreement with American Security, LLC for school and facility security services for substitute contracted security officers. Pricing for American Security is $42.71 per hour per contracted security officer provided during the 2023-2024 school year. Based on current usage, the projected total cost for 2023-2024 is $646,458.56 for eleven daily contracted security officers. The rates increase in 2024-2025 to $43.80 per hour and in 2025-2026 to $44.86 per hour in each of the option years, which may be exercised at the District's sole option. The Board approved the award of RFP P012-23 to American Security at the June 22, 2023 Board meeting.
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H.4. Approval of Agreement with SPED Strategies to Provide Professional Learning for School Staff on Curriculum Days for the 2023-2024 School Year ($80,000.00)
Rationale:
Fund: 1, General
Program: 1238, Supervision Department: 7194010, Special Education Administration Supplier: SPED Strategies Policies: 7000 Amount: $80,000.00 Administration recommends the approval of the attached agreement with SPED Strategies. SPED Strategies will provide professional learning for school staff on Curriculum Days regarding writing quality IEPs as well as providing additional professional learning modules for staff for the 2023-2024 school year. These are allowable special education expenditures. The total cost to the District is $80,000.00.
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H.5. Approval of Amendment No. 003 to the Agreement with Vrana Construction – Lewis & Clark Middle School Capital Improvements & Addition Project – 2018 Bond Program – (Add $84,032.00) Revised Total $11,624,575.76
Rationale:
FUND: 42 - 2018 Bond Program Proceeds Fund
PROGRAM: 2591 - Building & Grounds DEPT: 8770020 - Lewis & Clark Middle School Facilities PROJECT: 321516 - Lewis & Clark Middle School Project SUPPLIER: Vrana Construction POLICY: 7003, F.3. AMOUNT: $84,032.00 Pursuant to Policy 7003, F.3., Administration and Jacobs recommend approval of Amendment No. 003, which includes additional exterior concrete paving to modify the south drive to improve accessibility to the dock area. This modification of the existing drive will improve building operations performance and public safety for Lewis & Clark Middle School for a guaranteed maximum price (GMP) of $84,032.00. The Board approved the CMR Agreement with Vrana Construction on December 2, 2019, GMP Amendment No. 001 on June 1, 2020, Change Order No. 001 on June 23, 2022, and GMP Amendment No. 002 on March 20, 2023. The addition of GMP Amendment No. 003 brings the current value of the CMR Agreement to a total amount of $11,624,575.76.
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H.6. Approval to Award Bid 23-046 to The Waldinger Corporation, Inc. for OPS Multiple Site HVAC Controls Modernization, 2023-2024 School Year ($9,033,114.00)
Rationale:
FUND: 1 & 175 General Fund reimbursed by Covid Federal Grants
PROGRAM: 2620 Maintenance School/District Buildings DEPT. ID: 7166600 Schoolhouse Planning SUPPLIER: The Waldinger Corporation POLICIES: 7000, III.K, 7000, VII.A, 7000, VII.D AMOUNT: $ 9,033,114.00 Administration recommends approval to award Bid No. 23-046 to The Waldinger Corporation for Multiple Site HVAC Controls Modernization. The work will include removing existing controls from a variety of HVAC equipment, including pneumatic, electro-mechanical, and legacy direct digital control systems, installing new controls on HVAC systems and connecting to front ends at Ashland Park Robbins, Bancroft, Central Park, Dundee, Minne Lusa, Pawnee, Prairie Wind, and Skinner Elementary and Monroe Middle School. The new controls will replace antiquated controls of the HVAC systems which will allow for integration and automated control and monitoring of the building’s HVAC systems by the Niagara N4 Supervisor Control Module which is the Districts Standard BAS Module. Administration recommends awarding the base bid of $7,895,820.00 to The Waldinger Corporation, the sole bidder, for approval. The bid is within the design engineer’s proposed budget for the project. Additionally, Administration recommends accepting Alternate #1 which incorporates the removal and replacement of air terminal boxes at Monroe Middle for the additional cost of $587,965 and Alternate #2 which incorporates the removal and replacement of air terminal boxes at Skinner Elementary for the additional cost of $549,329.00. The total cost of the project is $9,033,114.00. This project is a part of the approved ESSER’s plan under Pillar 3-Infrastructure for the Future. This project will be funded by the general fund and reimbursed by COVID Federal Grants.
For complete bid documentation, contact barakat.elshalaby@ops.org.
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H.7. Approval to Award Bid No. 23-054 to Buller Fixture Co. for Four Sets of Serving Line Food Counters for North High School ($249,492.00)
Rationale:
FUND: 4005 Nutrition Services Fund
PROGRAM: 2510 Business Support Services DEPT: 7165000 Nutrition Services SUPPLIER: Buller Fixture Co. POLICIES: 7000, III.C., 7000, VII.A. AMOUNT: $249,492.00 Administration recommends approval to Award Bid No. 23-054 to Buller Fixture Co. for the purchase of four Serving Line Food Counters for North High School. This purchase will replace the existing equipment which has reached the end of its useful life. The District received five (5) bid responses. IS Dakota Equipment and Supply is non-compliant for not meeting bid specifications, specifically by bidding 18" gauge steel instead of 20" gauge steel, 1-year warranty instead of 2-year, and the mounted cutting boards were 7" instead of 8". Buller Fixture Co. is the lowest compliant bidder. The total cost of the award is $249,492.00.
* Awarded low-priced items meeting bid specifications from a compliant bidder. NC= non-compliant and does not meet specifications within the bid document. For complete bid documentation, contact Eduardo.Acosta@ops.org.
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H.8. 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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H.9. 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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H.10. 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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H.11. 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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H.12. 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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H.13. 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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H.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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H.15. Committee on Claims Audit Approval 08/07/2023
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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H.16. Approval of Consulting Services Agreement with Empowering Student Leaders for Secondary Students in the THRIVE Leadership Club Programs from August 17, 2023 through May 24, 2024 ($60,376.25)
Rationale:
Fund: 1, General Fund
Dept: 7198170, English as a Second Language Program: 1170, English Language Learners Vendor: Empowering Student Leaders Policies: 7000, III., K., 7000, VII., A. Amount: $60,376.25 Administration recommends approval of a Consulting Services Agreement between the District and Empowering Student Leaders, to support THRIVE Leadership Club from August 17, 2023 through May 24, 2024. THRIVE Leadership Club is an after-school club designed to provide support to English learners and refugee students who might not otherwise connect with traditional secondary school activities. Omaha Public Schools has contracted with Empowering Student Leaders to provide THRIVE Leadership Club since 2017. The total cost is $60,376.25.
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H.17. Approval of Contract with 7er Group LLC (Doing Business As 7er Construction) for Northwest High School Weight Room and CTE Renovation, Fall of 2023 ($1,812,241.00)
Rationale:
FUND: 31 Special Building Fund
PROGRAM: 2591 Building and Sites DEPT: 7166600 Schoolhouse Planning SUPPLIER: 7er Group LLC. (DBA 7er Construction) POLICIES: 7000, III.K., 7000, VII.A. AMOUNT: $1,812,241.00 Administration recommends approval of the attached contract with 7er Group LLC, (Doing Business As (DBA) 7er Construction). The Board of Education approved awarding Bid No. 23-066 Northwest High School Weight Room and CTE Renovation, to the low bidder, 7er Group LLC, (DBA 7er Construction) on June 22, 2023. This work includes all labor and materials for the renovation, will convert existing industrial tech labs, athletic training, and storage space to provide a new weight and strength training facility at Northwest High School. The weight room will be used instructionally for physical education classes as well as for student athletes. This project is funded by the special building fund (Fund 31) and is scheduled to be completed in October of 2023. The total price of the contract is $1,812,241.00.
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H.18. Approval of Contracts with Agencies for Special Education Services for the 2023-2024 School Year ($1,440,130.00)
Rationale:
Account: 53130 Contracted Student Services
Funds: 1, 153 General Fund, Special Education - IDEA Department: 7194010 Special Education Administration Programs: 1214, 1215, 1222, 1227, 1231, 1234, 1235,1236, 1265, 1266, 1270, 3103 - Speech Therapy School Age, Speech Therapy Ages 3-5, Transition, Nurses Ages 3-5, Nurses School Age, Contracted Services, Early Childhood Homebased, Nonpublic Therapists, Nonpublic Teachers Project: 461023, 461024 - IDEA Base/EP Grant Amount: $1,440,130.00 Policy: 7000 Administration recommends approval of the attached 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 for contracts that exceed or may exceed $50,000. 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 2023-24 contract rate. The sheet includes an estimate of the total cost for special education services provided by contract agencies. The rates and contracts are budgeted for within the 23-24 school year. All providers will be approved by the Nebraska Department of Education to provide special education and related services. The total cost to the District is estimated to be $1,440,130.00 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.
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H.19. Approval of Contract with Commercial Flooring Systems for Flooring Replacement at Indian Hill Elementary, Summer of 2023, ($175,940.00)
Rationale:
FUND: 31 Special Building Fund
PROGRAM: 2510 Business Support Services DEPT: 7166600 Schoolhouse Planning SUPPLIER: Commercial Flooring Systems POLICIES: 7000, IV.C AMOUNT: $175,940.00 Administration recommends approval of the attached contract with Commercial Flooring Systems for the purchase and installation of carpet and floor tile at Indian Hill Elementary. The Board of Education approved awarding Bid No. 23-069 Indian Hill Elementary Flooring Replacement to Commercial Flooring Systems on June 22, 2023. This project will replace flooring in all classrooms, common learning spaces, administrative and health offices, which have reached the end of their service life. This work also includes all labor and materials for removing old flooring and installing new flooring. The project does not include the replacement of specialty and hard surfaces such as flooring in the gym, multiuse rooms, storage rooms, restrooms, stairwells, and corridors which are still maintainable. Commercial Flooring Systems was the only bidder. This project is funded by the special building fund (Fund 31) and is scheduled to be completed in August 2023. The total price of the contract is $175,940.00.
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H.20. Approval of Contract with Commercial Flooring Systems for Flooring Replacement at Miller Park Elementary, Summer of 2023, ($150,925.00)
Rationale:
FUND: 31 Special Building Fund
PROGRAM: 2510 Business Support Services DEPT: 7166600 Schoolhouse Planning SUPPLIER: Commercial Flooring Systems POLICIES: 7000, IV.C AMOUNT: $150,925.00 Administration recommends approval of the attached contract with Commercial Flooring Systems. The Board of Education approved awarding Bid No. 23-070 Miller Park Elementary Flooring Replacement to Commercial Flooring Systems on June 22, 2023. This project will replace flooring in classrooms, common learning spaces, administrative, Media Center, storage rooms, corridors, and health offices, which have reached the end of their service life. This work includes all labor and materials for removing old flooring and installing new flooring. The replacement does not include specialty and hard surface flooring found in the gym, multi-use rooms, and restrooms which are still within their useful life. This project is funded by the special building fund (Fund 31) and is scheduled to be completed in August 2023. The total price of the bid is $150,925.00.
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H.21. Approval of Contract with Downs Electric, Inc. for Board/Training Room Renovation, Fall of 2023 ($2,536,512.00)
Rationale:
FUND: 31 Special Building Fund
PROGRAM: 2510 Business Support Services DEPT: 7166600 Schoolhouse Planning SUPPLIER: Downs Electric, Inc. POLICY: 7000, III., K., 7000, VII., A AMOUNT: $2,536,512.00 Administration recommends approval of the attached contract with Downs Electric, Inc., the low bidder for Bid No. 23-081 (Board/Training Room Renovation). The Board of Education previously approved the bid award on June 22, 2023. The renovation includes the floors, walls, ceilings, lighting, HVAC system, and installation of a new audio-visual production and presentation system. This project is funded by the special building fund (Fund 31) and is scheduled to be completed in December 2023. The total price of this bid is $2,536,512.00.
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H.22. Approval of the Contract with Elk Ridge Construction Services, LLC. for Gym Wall and Ceiling Paint at Bryan High School, Fall 2023 ($104,509.70)
Rationale:
FUND: 31 Special Building Fund
PROGRAM: 2591 Building and Sites DEPT: 7166600 Schoolhouse Planning SUPPLIER: Elk Ridge Construction Services, LLC. POLICIES: 7000, III.K, 7000, VII.A. AMOUNT: $104,509.70 Administration recommends approval of the attached contract with Elk Ridge Construction Services LLC. The Board of Education approved awarding Bid No. 23-045 Bryan High School Gym Wall and Ceiling Paint to the lowest bidder, Elk Ridge Construction Services, LLC. on June 22, 2023. This work includes all labor and materials to prepare and paint the wall and ceiling surfaces. The existing gym wall and ceiling paint is dated, inconsistent, and failing in locations. The gym flooring will be replaced soon, and it is recommended that the painting be completed before the new floor installation. This project is funded by the special building fund (Fund 31) and is scheduled to be completed in July 2023. The total price of the bid is $104,509.70.
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H.23. Approval of Contract with Hausmann Construction, Inc. for the Benson High School Addition, 2023-2024 School Year ($6,981,300.00)
Rationale:
FUND: 1 & 175 General Fund reimbursed by Covid Federal Grants
PROGRAM: 2620 Maintenance School/District Buildings DEPT: 7166600 Schoolhouse Planning SUPPLIER: Hausmann Construction, Inc. POLICIES: 7000, III.K, 7000, VII.A. AMOUNT: $6,981,300.00 Administration recommends approval of the attached contract with Hausmann Construction, Inc. The Board of Education approved awarding Bid No. 23-060 Benson High School Addition, to the low bidder, Hausmann Construction, Inc. on June 22, 2023. The design was approved by the Board of Education on November 28, 2022. This work includes the construction of a new addition at Benson High School. The new addition will provide a new main entry into the building and clinical space, where community partners will provide various health services to area students and provide healthcare education opportunities to the District. This project is part of the approved ESSER’s plan under Pillar 3-Infrastructure for the Future. This project will be funded by the General Fund and reimbursed by COVID Federal Grants. The total price of this contract is $6,981,300.00.
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H.24. Approval of the Contract with Midwest Tennis and Track Co., for Track Resurfacing at Bryan High School, Fall 2023 ($241,750.00)
Rationale:
FUND: 31 Special Building Fund
PROGRAM: 2591 Building and Sites DEPT: 7166600 Schoolhouse Planning SUPPLIER: Midwest Tennis and Track Co. POLICIES: 7000, III.K, 7000, VII.A. AMOUNT: $241,750.00 Administration recommends approval of the attached contract with Midwest Tennis and Track Co. The Board of Education approved awarding Bid No. 23-044 Bryan High School Track Resurfacing to the low bidder, Midwest Tennis and Track Co. on June 22, 2023. This work includes all labor and materials for removing the existing surface, preparing the sub-surface, and installing new surfacing, including striping to District standard. The existing track surface is no longer safe for competitive events and has reached the end of its service life. This project is funded by the special building fund (Fund 31) and is scheduled to be completed in October 2023. The total price of the bid is $241,750.00.
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H.25. Approval of Contract for North End Teleservices, LLC. (NET) per RFP No. PO26-23 for Call Center Support for OPS Student Transportation ($1,590,035.00)
Rationale:
FUND: 1 General Fund
PROGRAM: 2750, Regular Education (1%) 2760 Special Education (73%) 3102 Early Childhood Special Education (26%) DEPT: 7162800 Student Transportation SUPPLIER: North End Teleservices, LLC. POLICY: 7000, VII., D AMOUNT: $1,590,035.00 Administration recommends approval of the attached contract for North End Teleservices LLC. to provide call center support for students and parents regarding transportation services during the 2023-2024 school year. The Board of Education approved awarding RFP P026-23 to North End Teleservices on June 22, 2023. This contract provides representatives who will staff the call center 12 hours a day. Staff for the call center will be solely provided by North End Teleservices, LLC. In addition, as a part of this contract, North End Teleservices LLC. will provide training for District staff who support the call center. This contract will be effective through July 1, 2025. At the District’s option, the contract term may be extended by the District for up to two (2) additional terms of one (1) year each. The total cost of the initial contract is $1,590,035.00.
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H.26. Approval of a Contract with Solution Tree for Consultant and Supporting School Improvement Professional Learning at Buffett, Beveridge, and Bryan Middle Schools and Curriculum and Instruction Support for the 2023-2024 School Year ($45,000.00)
Rationale:
SUPPLIER: Solution Tree
POLICY: 7000 III.K, VII.A. AMOUNT: $45,000.00 Administration recommends approval of the attached contract with Solution Tree for professional learning supporting school improvement in consultation with Curriculum and Instruction Support. This contract provides for multiple on-site training sessions for Buffett, Beveridge, and Bryan Middle Schools and Curriculum and Instruction Support. Solution Tree will provide Professional Learning Community support and professional development related to school improvement plans for the schools based on the topics targeted by each school and department. Curriculum and Instruction Support plans collaboratively with Solution Tree, the Department of Accountability and School Improvement, and the schools. The total amount of this contract is $45,000.00 and will be paid for by the supported middle schools and Curriculum and Instruction Support. The District has previously spent over $50,000.00 on contracts with Solution Tree and therefore brings this contract to the Board for approval.
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H.27. Approval of Contract with SprinTurf, LLC., for Field Turf Replacement at North High School, Fall 2023 ($419,345.00)
Rationale:
FUND: 31 Special Building Fund
PROGRAM: 2591 Building and Sites DEPT: 7166600 Schoolhouse Planning SUPPLIER: SprinTurf, LLC. POLICIES: 7000, III.K, 7000, VII.A. AMOUNT: $419,345.00 Administration recommends approval of the attached contract with SprinTurf, LLC. The Board of Education approved awarding Bid No. 23-043 North High School Field Turf Replacement, to the low bidder, SprinTurf LLC., on June 22, 2023. This work includes all labor and materials for the removal of the existing artificial turf and installation of new artificial turf, including rubber infill, striping for multiple sports, center field logo, and end zone text. The existing field turf has reached the end of its service life and is scheduled according to the Districts track and turf replacement master plan. This project is funded by the special building fund (Fund 31) and is scheduled to be completed by December 2023. The total price of the bid is $419,345.00.
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H.28. Approval of a Contract with US Bank/Elavon to Provide Credit Card Machines to the District
Rationale:
Pursuant to Policy 7000 Sect V, and Policy 3200, Administration recommends approval of adding US Bank/Elavon devices to accept payments via credit card, debit card, mobile, or contactless pay. This will allow all secondary schools to accept non-cash payments at extra-curricular activities that require admission, including concession stands. The District-wide annual cost of accepting non-cash payments is estimated to be between $38,400 and $189,626, depending on the volume of transactions processed. This is anticipated to reduce the amount of cash handled by secondary schools, reducing the amount of risk related to lost or stolen receipts, and adding convenience for individuals attending extra-curricular activities that require admission.
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H.29. Approval to Hire Local Option Substitutes for the 2023-2024 School Year
Rationale:
Under Rule 21, the Nebraska Department of Education approves the use of Local Substitute Teachers on a certificate that is valid for 90 substitute days per school year. A Local Substitute is required to have completed at least 60 hours of college, including one course in teacher education, prior to hiring by a District. The use of Local Substitutes requires annual approval by the Board of Education. The Board of Education first approved using Local Substitutes during the 2018-2019 school year. Administration recommends that the Board of Education approve using Local Substitutes as defined under Rule 21 for the 2023-2024 school year.
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H.30. Approval of the Proposed Negotiated Agreement with the Office Personnel Division for the 2023-2024, 2024-2025, and 2025-2026 School Years
Rationale:
Staff recommends approval of the attached tentative collective bargaining agreement with SEIU Local 226 (Office Personnel Division) for the 2023-2024, 2024-2025, and 2025-2026 school years. The wage increases are 2.27% in year one, 2.22% and the $4,500 stipend incorporated into the salary structure in year two, and 2.25% in year three. The District will continue to provide a $1200 deductible health plan with a $0 deductible, narrow network option. Administration recommends Board approval of the attached tentative agreement which has been ratified by Local 226.
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H.31. Approval of the Proposed Negotiated Agreement with the Transportation Division for the 2023-2024, 2024-2025, and 2025-2026 School Years
Rationale:
Staff recommends approval of the attached tentative collective bargaining agreement with SEIU Local 226 (Transportation Division) for the 2023-2024, 2024-2025, and 2025-2026 school years. The wage increases are 2.27% in year one, 2.22% and the $4,500 stipend incorporated into the salary structure in year two, and 2.25% in year three. The District will continue to provide a $1200 deductible health plan with a $0 deductible, narrow network option. Administration recommends Board approval of the attached tentative agreement which has been ratified by Local 226.
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H.32. 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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H.33. Approval to Purchase Additional Copies of World Language Resources from Vista Higher Learning to be Used in the District’s Middle Schools and High Schools for the 2023-2024 through 2028-2029 School Years ($72,230.92)
Rationale:
Fund: 1, General
Program: 1100, Regular Instruction Dept: 7193010, Secondary Education Administration Supplier: Vista Higher Learning Policies: 7000, III.K, 7000, VII.A, 7000, V.A., 6121 Amount: $72,230.92 Administration recommends approval to purchase additional French Student and Teacher Editions and 6-year Digital Access, World Languages Textbooks and Resources to be used in the District’s Middle Schools and High Schools from Vista Higher Learning. These items are part of Proposal No. P037-21 that was approved at the May 16, 2022 Board meeting. Curriculum and Instruction Support determined that supplementary copies are required to provide for the addition of French teachers to world language school staff. The Data Protection Agreement is on file and was previously agreed to by the parties. The total purchase price is $72,230.92.
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H.34. Approval of Resolution 23-004 relating to Employee Contract Cancellation Hearing
Rationale:
The Board of Education is in receipt of the certified record filed by a hearing officer selected in accordance with the provisions of Nebraska Revised Statute sections 79-840 to 79-842. The resolution sets forth the proposed timeframe and establishes the procedure to be followed at the Employee Contract Cancellation Hearing before the Board of Education.
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H.35. Approval of Updated Power of Attorney Authorizing Ice Miller to Represent OSERS before the Internal Revenue Service
Rationale:
On January 20, 2022, the Board of Education, pursuant to Policy 2300, engaged Ice Miller to serve as outside legal counsel to assist and advise the Board of Education and the Board of Trustees of the Omaha School Employees Retirement System (OSERS) with respect to certain voluntary corrections and in seeking a favorable determination letter from the Internal Revenue Service (IRS) for the entire plan. That process is ongoing and the IRS has requested an updated Power of Attorney. Administration recommends approval of the attached Power of Attorney authorizing Ice Miller to represent OSERS before the IRS.
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H.36. Approval of the Title I Every Student Succeeds Act (ESSA) Part A Grant for the 2023-2024 School Year ($29,412,376.00)
Rationale:
FUND: 154, Title I A
PROGRAM: 1100, Title I A DEPT: Various SUPPLIER: The Nebraska Department of Education POLICY: 6410 AMOUNT: $29,412,376.00 The Title I Budget is allocated to Public Schools, Non-Public Schools, Contracted Educational Agencies, and the Homeless Program. Eligible Title I Public Schools are allocated based on poverty determined by the Community Eligibility Provision Formula (CEP). The CEP Percentage for Elementary Schools are based at 70%. The Secondary Schools are based on 75%. The United States Department of Education (USDE) requires any school that has a 75% and higher poverty CEP to receive Title I Funding. To expend these funds, Title I schools, and Title I Programs must submit a Schoolwide Plan, or Title I Contract that is aligned with the District’s Plan of Action and their School Improvement Plan. In addition, the Title I Office must also submit a grant application to the state for approval and compliance purposes. Central administrative staff request approval to receive the 2023-2024 Title I Allocation in the amount of $29,412,376.00.
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H.37. Grant Fund Budget Awards
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H.38. Recommendation to Approve a Permanent Water Main Easement with Metropolitan Utilities District of Omaha
Rationale:
Pursuant to Policy 7000, IX, A, 1., Administration recommends approval of the a permanent water main easement over Outlet A, OPS Pine Creek Addition (Westview High School), containing approximately 0.0352 acres. Additionally, Administration recommends the approval of a second permanent easement over the Northerly 5.00 feet of the Southerly 10.00 feet of Lot 1, OPS Pine Creek Addition (Westview High School), containing 0.0602. Metropolitan Utilities District of Omaha would provide compensation of $2.00 for this permanent easement.
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H.39. Recommendation to Approve the Sale of 4 Square Feet and to provide a Temporary Easement of 295 Square Feet at 6652 Maple Street (Benson West Elementary School) to the City of Omaha, Nebraska
Rationale:
Pursuant to Policy 7000, IX, A, 1., Administration recommends approval of the sale of four (4) square feet of property located at 6652 Maple Street (Benson West Elementary School) for $350.00 to the City of Omaha, Nebraska, for use by the Public Works Department as they continue infrastructure upgrades in the area. Additionally, Administration recommends the approval of a temporary easement of 295 square feet, also located at 6652 Maple Street (Benson West Elementary School), to the City of Omaha, Nebraska, for use by the Public Works Department. The City of Omaha, Nebraska, would provide compensation in the amount of $600.00 for this temporary easement, and $30.00 for concrete resurfacing. The total compensation received from the City of Omaha, Nebraska, for this project equals $980.00.
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H.40. Technical Correction to the Approved Negotiated Agreement with the Operations Division for the 2023-2024, 2024-2025, and 2025-2026 School Years
Rationale:
Administration recommends approval of technical corrections to the Negotiated Agreement with the Operations Division for the 2023-2024, 2024-2025, and 2025-2026 school years that the Board approved on July 17, 2023. The Negotiated Agreement contains a technical error on the 33H Shift Engineer - Senior High Schools schedule and the 33W Supply Clerk schedules in the Appendices.
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H.41. Voluntary Recognition of Service Employees International Union (SEIU) Local 226 as the Collective Bargaining Representative of the District’s Family Support Workers
Rationale:
Administration recommends that the Board of Education, in keeping with the provisions of Policy 8348 paragraph B, voluntarily recognize SEIU Local 226 as the collective bargaining representative of the District’s Family Support Workers. Local 226 has represented that it has obtained authorization cards from 16 of the 18 Family Support Workers employed by the District. Administration believes that the Family Support Workers share a sufficient community of interest to satisfy the requirement of Policy 8348.
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I. Discussion and/or Action Items
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I.1. Information Item(s)
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I.1.a. Bond Program Update
Rationale:
Administration will provide an update on the 2018 bond projects. Additionally, as we finalize the remaining 2018 bond projects, Administration will provide an overview of the 2014 and 2018 bond programs.
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I.1.b. Staffing Update
Rationale:
Maintaining a highly qualified, developed staff is part of Strategic Priority #2 in the Strategic Plan of Action. Administration will provide an update on staffing and recruiting for the 2023-2024 school year.
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I.1.c. Accountability Committee Update
Rationale:
The Chair of the Accountability Committee will provide an update.
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I.1.d. Budget and Audit Committee Update
Rationale:
The Chair of the Budget and Audit Committee will provide an update.
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I.2. Action Item(s)
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I.2.a. Approval of First Reading of Policy 5416 - Student Fees
Rationale:
Policy 8120 stipulates the Board of Education shall cause policies and regulations to be revised as necessary. Administration will provide recommended changes to Policy 5416.
5416 - Student Fees
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I.2.b. Approval to Waive Activity Card Fees for All Students for the 2023-24 School Year
Rationale:
Policy 5416 requires the District to annually set a single fee for high schools and a single fee for middle schools which may be required for participation in any extra-curricular activity, and which shall also be the fee for purchase of an activity card. Administration recommends setting the fee for the 2023-2024 school year at $0.
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J. Receipt of Reports
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J.1. CBOC update of the Phase II Bond Programs July 2023
Rationale:
Attached, please find updates from Citizen’s Bond Oversight Committee (CBOC).
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J.2. Class of 2021 Graduate Follow-Up Report
Rationale:
Each year the Division of Research, supported by several callers from our community, conducts the Graduate Follow-Up Study in fulfillment of state reporting obligations. The study also provides the District information regarding post-secondary experiences of our graduates (e.g., work, college, military service) and their perspectives regarding the degree to which our district has prepared graduates for these experiences. Contact with graduates occurs between November and June of the year following their graduation, and a scripted survey is used to collect the necessary data for this reporting. Attached are the results of the 67th Graduate Follow-Up Study with this year’s report focusing on the 2020-2021 graduates of the Omaha Public Schools.
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J.3. Head Start Monthly Board Report for June and July, 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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J.4. Head Start School Readiness Report 2023
Rationale:
In accordance with Performance Standards and the 2007 Head Start Act, the Board of Education will be presented with a school readiness report for Douglas County School District 001 Head Start program annually.
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K. Request for Closed Session
Rationale:
The Omaha Board of Education is authorized by state statute to hold closed sessions. Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.
Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law. 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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L. Adjournment
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