December 13, 2023 at 6:00 PM - Omaha Public Schools Board of Education and Educational Service Unit 19 Board Meeting

Rationale: 

Notice to visitors: If you wish to speak, please obtain a “Request to be Heard” form from the entry table and return the completed form to the table attendant or the Board of Education Director.

The agenda will be kept current and available for public inspection in the office of the Secretary of the Board of Education at the Administrative Building during regular working hours. 

Board members may request specific agenda item(s) be moved to a different place on the agenda.  Please attend the entire meeting to ensure you hear discussion on a particular agenda item.

Pursuant to Section 84-1412 of the Nebraska Statutes, the public is hereby informed that a current copy of the Nebraska Open Meetings Act is posted in the Board meeting room on the north wall.

Agenda items are subject to reordering at discretion of the board president, please attend the entire meeting to ensure you're able to hear any discussion. If you would like to rehear any discussion, please listen to our podcast located on the District Web Page, district.ops.org.

Rationale:  Westview High School's JROTC will Present the Colors and lead the Pledge of Allegiance.

Rationale:  The Vision:  Every Student.  Every Day.  Prepared for Success.

The Mission:  To prepare all students for success in college, career, and life.

Rationale:  The OPS Proud Spotlight features National Merit Semi-Finalists Lachlan O'Keffe, Lucy Rawlinson and Brayden Simpson.

Rationale:  The Treasurer's Report for October 2023 is attached for review

Rationale:  At this time, any Board member may request that any item in the consent agenda be removed from the consent agenda and be considered and voted on separately. 

Rationale:  FUND: 1 General
DEPT: 7198145 Athletics
PROG: 2199  Other Student Support
VENDOR:  Agile Sports Technologies
POLICIES: 7000
AMOUNT:  $144,000.00

Administration recommends approval to award RFP P015-23 and enter into an agreement with Agile Sports Technologies (Doing Business As HUDL) to provide web-based software that allows coaches and athletes to review game and practice film, scout opponents, and improve performance based upon video analysis for the 2023-2024 and 2024-2025 school years. Omaha Public Schools previously entered a one-year agreement with Agile Sports to provide a uniform offering at each of our nine high schools, reducing the District’s overall cost and providing additional technological advancements. The updated agreement means that both software and hardware previously installed in each building will continue to allow our Omaha Public Schools activity programming to be in line with what is offered at the majority of the member schools of the Nebraska School Activities Association. The software will be accessible to after-school activities, fine arts, school broadcast programs, and community activities within our buildings to enhance student success. The total price of the purchase is $144,000.00.

Rationale:  FUND:    1 & 175 General Fund reimbursed by COVID Federal Grants
PROGRAM:  2620 Maintenance School/District Buildings  
DEPT. ID: 7166600 Schoolhouse Planning
PROJECT:  499271 ESSER III       
VENDOR:   Ray Martin, Inc.
POLICY:   7000, IV. C,
AMOUNT:   $ 244,400.00

Administration recommends award of Bid No. 24-004 to Ray Martin, Inc. for OPS Benson West Elementary School Boiler Replacement. This project will replace the three boilers that provide hot water to the building’s heating system with new boilers that will increase overall efficiency and reduce energy costs.  Replacement will include new boilers, hardware, plumbing, electrical, and structural modifications required for new installation for $237,000.00.  The existing boilers have reached the end of their service life and need replacement before the next heating season. Additionally, Administration recommends incorporating alternate #1 in the approval to award.   Alternate #1 includes the installation of VFDs (variable frequency drives) to the three pumps servicing the hydronic system; the cost associated with alternate #1 is $7,400.00.  Ray Martin, Inc. is the responsible offeror whose proposal is most advantageous to the District with price and other factors considered.

This purchase is in alignment with Pillar 3-Infrastructure for the Future and reimbursed by Covid Federal Grants. It also supports increased efficiency in energy usage as a part of the Environmental Sustainability Plan.  

The total price of this purchase is $244,400.00.

Bids received were:

Vendor	Base Bid	Alternate #1	Total Bid
*Ray Martin, Inc.	$ 237,000.00	$ 7,400.00	$244,400.00
Fluid Mechanical	$268,400.00	$6,000.00	$274,400.00
MMC	$349,973.00	$7,986.00	$357,959.00

*Apparent Low Bidder meeting the specifications
 

Rationale:  FUND:  42 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Buildings & Grounds
DEPT. ID: 0650020 - Highland Elementary School Facilities 
PROJECT:  321513 - Highland Elementary School Project      
SUPPLIER: Midwest DCM
POLICY:   7000, IV.G.
AMOUNT:  ($11,359.21)

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

Project: Highland Elementary School: Capital Improvements and Renovation Project
Architect/Engineer: Alvine Engineering
Contractor: Midwest DCM
Fund: 42 2018 Bond Program
 

RFP#	Type	Description	Type	Amount
CO001	Arch.	Provide credit for the unused contingency and allowances for the project included with the original GMP Amendment No. 001.	Deduct	($11,359.21)

 

Total Amount of Change Order No. 001 - Deduct	($11,359.21)
Original Contract Amount	$1,106,000.00
Previously Approved Changes	$0.00
Change Order No. 001 - Deduct	($11,359.21)
Total Revised Contract Amount	$1,094,640.79
Amount Paid to Date	$1,021,027.42
Amount Remaining	$73,613.67

Rationale:  FUND:  42 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Buildings & Grounds
DEPT:   8860020 - Bluestem Middle School
PROJECT:  321518 - Bluestem Middle School: New Middle School Project
SUPPLIER: McCarthy Building Companies
POLICY:   7000, IV.G.
AMOUNT:  ($266,872.71)

Pursuant to Policies 7000, IV. G., Administration and Jacobs, with the concurrence of the project architect/engineer, RDG Planning & Design, recommend that the following change order agreement be submitted for approval:
Project: Bluestem Middle School: New Middle School Project
Architect/Engineer: RDG Planning & Design
Contractor: McCarthy Building Companies
Fund: 42 2018 Bond Program
 

RFP#	Type	Description	Type	Amount
PCO186	Arch.	Provide credit for the unused contingency and allowances for the project that include the original GMP Amendments No. 001, 002, 003, 004, and 005.	Deduct	($266,872.71)

 

Total Amount of Change Order No. 002 - Deduct	($266,872.71)
Original Contract Amount	$95,000.00
Previously Approved Changes	$43,105,910.00
Change Order No. 002 - Deduct	($266,872.71)
Total Revised Contract Amount	$42,934,037.29
Amount Paid to Date	$42,929,037.29
Amount Remaining	$5,000.00

Rationale:  FUND:  31 Special Building Fund
PROGRAM:  2510 Business Support Services
DEPT.:  7166600 Schoolhouse Planning 
SUPPLIER: Downs Electric, Inc
POLICIES: 7000, IV.C., 7000, IV.E., 7000, VII.A., 7000, VII.D.
AMOUNT: $52,150.80

Pursuant to Policies 7000, IV. G., Administration recommends approval of change order No. 002 and Change Order No. 003  to the Board/Training Room Renovation Project awarded through Bid No. 23-081 for the renovation of the Training/Board room at the TAC building which was approved by the Board on June 22, 2023:
 

PCO	Type	Description	Type	Amount
PR-2	Elec.	Add CAT -6A drop for TV, Add 1 TV in control,SQ-5 audio console, Add receptacle and rough in conduit for cabling above	Add	$5,470.18
CR-RFI 8	Arch..	Infill Stair Shaft Opening	Add	$2,296.06
CR RFI-016	Arch.	Extend Wall in room 2-046 and re-drywall in room 2-049 due to unforeseen conditions	Add	$15,610.80
CR-RFI 018	Elec.	Move Fire alarm devices, demo light, furnish and install 2x2 due to unforeseen conditions	Add	$623.18
CR-RFI 017	Arch.	Revised pricing received from KE FLEX for work previously estimated for the soffit on west wall in multi-purpose space 2-046	Add	$7,625.85
PR #3	Elec., Arch. & Plum	Install of 2 bottle filler-new access control-paint around bottle filler-new floor under bottle and door hardware	add	$26,245.92
CR-RFI 024	Arch.	Installation of 6th shade on east wall	add	$1,343.98
CR RFI 22	Arch.	Multi-purpose space 2-046 sound proofing wall above store front	Credit	$7,065.19

The proposed changes will not affect the substantial completion date of December 31, 2023. 
 

Total Amount of Change Order No. 002 & No. 003- Add	$ 52,150.8
Original Contract Amount:	$ 2,536,512.00
Previously Approved Changes:	$ 49,676.39
Change Order No. 002 & No. 003 - Add	$ 52,150.8
Total Revised Contract Amount:	$2,638,339.19

Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Claims Report A is a listing of all District expenditures and are organized and presented to the Board by which fund the expenditure is being made from (e.g. General Fund, Bond Fund, etc.).

Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures of funds for which the District serves as custodian.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Claims Report B is a listing of expenditures from the various Student Activity Funds for which the Board serves as custodian.

Rationale:  Board Members are prohibited by Nebraska law from voting on items which may personally benefit them.  Expenditures which may personally benefit individual Board Members are presented to the Board for approval in the form of a separate Claims Report in order to permit those Board Members to abstain from voting on items which may personally benefit them.  The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds.  Claims Report C is a listing of expenditures that may relate to individual Board Members or Organizations that employ them.

Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds.  Payroll expenditures are presented to the Board for ratification in the form of a Claims Report.  Claims Report D is a summary of payrolls processed and is presented by payroll and pay date.

Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds.  Payroll expenditures are presented to the Board for ratification in the form of a Claims Report.  Claims Report E is an estimation of payrolls to be processed prior to the next Board meeting and is presented by payroll and pay date.  Board authorization is requested for amounts not to exceed the totals in the Claims Report.

Rationale:  The Board of Education serves as the Board of Educational Service Unit 19.  The Board of Educational Service Unit 19 is required to approve all expenditures of District funds as well as funds for which the District serves as custodian.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Educational Service Unit No. 19 Claims Report is a listing of all expenditures to be paid from the Education Service Unit's funds.

Rationale:  In keeping with the provisions of Nebraska Revised Statute section 79-981, the Board of Education is responsible for the transaction of OSERS’ business, including approval of expenditures of OSERS’ funds.   The Administration recommends approval of the attached claims to be paid from OSERS’ funds.

Rationale:  State Statue 79-584 requires the Secretary to the Board of Education to audit all accounts of the Class 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.

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: $1,816.00
 
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 Consulting Services Agreements with Boys Town National Community Support Services for Central High on October 17, 2022 and a second contract on June 5, 2023. 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.

Rationale:  Fund: 1   General Fund
Department: 7194010   Special Education Administration
Programs:   1222, 1231, 1270  -  Transition, Nurses School Age, Contracted Services, 
Policy: 7000 
Amount:  $705,050.00

Administration recommends approval of the attached annual Special Education Services contracts.  Every year, 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.  This is the sixth set of agency contracts going to the Board of Education for approval for the 2023-2024 school year and is part of the District's annual practice.  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 2023-2024 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 2023-2024 school year. All providers will be approved by NDE to provide special education and related services. The total cost to the District for this group is estimated to be $705,050.00 and is an allowable reimbursable special education expenditure. 

Rationale:  The Board of Education approved an agreement with Energy Center Omaha, LLC in November 2022 to supply steam and chilled water to Liberty Elementary School.
 
Administration recommends the approval of the attached agreement with Energy Center Omaha for chilled water and steam to heat and cool Liberty Elementary School. After nearly one year of negotiations, the Board of Education approved a similar agreement with Energy Center Omaha, LLC in November 2022 to supply steam and chilled water to Liberty Elementary School. The length of the negotiations is, in significant part, a result of Energy Center Omaha’s insistence on including a provision that the District believes amounts to, among other things, an illegal penalty designed to circumvent certain statutory prohibitions on the length of the agreement under Nebraska law.  The agreement is for the statutory maximum period of four (4) years with an additional four (4) four-year renewals for a total possible contract length of 20 years.  The objectionable provision provides that if the District decides not to exercise all of the option terms, it must pay to Energy Center Omaha approximately 100% of the charges that would be attributable to the time period covered by all of the unexercised options. This provision is clearly designed to discourage the District from deciding not to exercise all option terms.   Energy Center Omaha is the only chilled water and steam source for downtown Omaha.  Because of that, the District has no other options to heat and cool Liberty Elementary School.  As such, Administration reluctantly recommends approval of the attached agreement. The steam and chilled water costs are based on monthly usage over the contract and the associated fuel cost to provide the steam or chilled water.  Based on current usage and rates at Liberty, the approximate monthly cost to the District is $59,331.00. The cost of this contract is funded out of general fund as a utility cost for Liberty Elementary School.

Rationale:  Policy 4001 and 4035 require that the election of employees shall be by action of the Board of Education upon recommendation of the Superintendent or designee.  Additionally, Policy 4008 requires that the Chief Human Resources Officer process all retirements, resignations, cancellations, contract amendments and terminations of employment making a recommendation for appropriate action to the Superintendent and Board of Education.  Therefore, the District recommends the approval of the attached Staffing Adjustments.

Rationale:  Supplier:  Walsworth Yearbooks
Policies:  7000 III.K., VII.A.
Amount:  $179,638.00

Administration recommends approval of the attached contracts with Walsworth Publishing Company, Inc. for yearbook agreements with Alice Buffet, Benson, Bryan, Bryan MS, Buena Vista, Burke, Central, Lewis and Clark, McMillan Magnet, North, Northwest, South, and Westview for the 2024-2025 school year.  As the total of the contracts together is over $50,000, these attached contracts are being presented to the Board for approval pursuant to Board policy 7000, III.K. and 7000, VII. A. The total amount of the 13 agreements is $179,638.00.

Rationale:  Staff will provide a financial update on ESSER Grant Funds.

Rationale:  The Chair of the Accountability Committee will provide an update.

Rationale:  The Chair of the Legislative Committee will provide an update.

Rationale:  Vice President of the OSERS Board of Trustees will provide an update.

Rationale:  The purpose of this report is to provide the district’s 2023-24 educational benefit eligibility percentages, and to discuss trends in eligibility across schools. Previously, this report was known as the ‘Free and Reduced Lunch Report’. This new report has changed to align with current practices under the district wide use of the Community Eligibility Provision (CEP). Eligibility for educational benefits is the only student and school level metric available to inform school and community stakeholders on the socioeconomics of our school community.

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.

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.