ESU Coordinating Council
May 03, 2016 9:30 AM
Coop Committee Meeting
1. Call to Order
Committee Chair - Paul Tedesco
Rationale

Notice to visitors:  To be heard at this meeting, the "Request to be Heard" form, must be completed and submitted to the Secretary to the Executive Director of ESUCC.  The President of the Board of ESUCC will call upon visitors wishing to address the Board in the order they were submitted or by subject.

Pursuant to Section 84-1411 of the Nebraska Statutes, notice of this meeting was given by advertisement on the ESUCC website, NE Public Meeting site, and host site.

Open Meetings Law
: 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 this meeting room. 

Discussion

Call to order at 9:31 AM. Staff: David Ludwig, Deb Hericks Karen Haase, Legal

2. Roll Call
Committee Chair - Paul Tedesco
3. Agenda Item
Committee Chair - Paul Tedesco
3.A. ESM Update
Committee Chair - Tedesco
Rationale

From: "Dietz, David" <David_Dietz@CINFIN.com>
Date: April 20, 2016 at 11:06:17 AM CDT
To: "'dludwig@esucc.org'" <dludwig@esucc.org>
Cc: "'jschoening@unicogroup.com'" <jschoening@unicogroup.com>, "UNICO Group 26003-26021" <info@unicogroup.com>
Subject: Claim: 2647394 - ESU Coordinating Council - ESM Solutions Lawsuit

Mr. Ludwig,

I’ve attached CIC’s coverage position relative to the above captioned matter.  Once you have had a chance to review this letter and have any additional questions, please do not hesitate to contact me at the number listed below.

Thank you,

David Dietz, AIC, MLIS
Associate Manager – Management Liability Claims

The Cincinnati Insurance Company 
P O Box 145496 
Cincinnati, OH 45250 
Phone – 513-870-2129           
Fax – 513-371-7220

Confidentiality notice: The information included in this e-mail, including any attachments, is for the sole use of the intended recipient and may contain information that is confidential and protected. Any unauthorized review, use, disclosure, distribution or similar action is prohibited. If you are not the intended recipient, please contact the sender and delete all copies of the original message immediately.

Discussion

The ESUCC is not covered by insurance for the claim against ESM. Discussion held regarding the current claim with esm. We do have some funds set aside to help facilitate. Judge Girard is the judge assigned to this case. The answer will be submitted by May 31, 2016.

3.B. Consent Items
Committe Chair Tedesco
Rationale

Contracts to be approved.

Actions Taken

Motion Passed:  Recommend to approve consent items as presented pending legal review passed with a motion by Fisher ESU 04 and a second by Calvert ESU 15.

3.B.I. Recommend Approval Canvas Contract
Committee Chair - Tedesco
Rationale

Last year Instructure and ESUCC had difficulty in finalizing an EUSCC Special Buy contract so we moved forward due to schools needing to purchase with an Instructure MSSA agreement.  Since then Instructure's Nebraska representative has changed and we are revisting the ESUCC contract format.  Currently we have a non-finalized redline contract that is being reviewed by Instructure.  This will be reviewed by our legal before signing.

Attachments
Recommended Motion

To have ESUCC Executive Director sign contract with Instructure for Canvas, upon favorable review by ESUCC attorney

Discussion

Last year Instructure and ESUCC had difficulty in finalizing an EUSCC Special Buy contract so we moved forward due to schools needing to purchase with an Instructure MSSA agreement. Since then Instructure's Nebraska representative has changed and we are revisting the ESUCC contract format. Currently we have a non-finalized redline contract that is being reviewed by Instructure. This will be reviewed by our legal before signing.

3.B.II. Recommend Approval GoGuardian Contract
Committee Chair - Tedesco
Rationale

The initial GoGuardian contract was for a one year term.  While at the NETA conference Coop Director Peterson had discussions with Nebraska City and the need to add additional product to the contract to include the Teacher Admin license that the previous contract didn't include.  While discussing this with GoGuardian we realized the contract will end this year.  Peterson is recommending to GoGuardian a 3 year contract and has sent the attached redline contract.  The attached contract does not include pricing from GoGuardian for the Teacher Admin license or any updated pricing for the contract.

Once a final contract is agreed on legal will review.

Attachments
Recommended Motion

To have ESUCC Executive Director sign contract for GoGuardian, upon favorable review by ESUCC attorney.

Discussion

The initial GoGuardian contract was for a one year term. While at the NETA conference Coop Director Peterson had discussions with Nebraska City and the need to add additional product to the contract to include the Teacher Admin license that the previous contract didn't include. While discussing this with GoGuardian we realized the contract will end this year. Peterson is recommending to GoGuardian a 3 year contract and has sent the attached redline contract. The attached contract does not include pricing from GoGuardian for the Teacher Admin license or any updated pricing for the contract.

3.B.III. Recommend Approval of Sysco Food Program contract extension.
Rationale

The Prime Vendor Food program is entering it's last year on contract before needing to be rebid.  Attached is the final extension on contract.

Attachments
Recommended Motion

To have ESUCC Executive Director sign extension for Sysco, upon favorable review by ESUCC attorney.

Discussion

The Prime Vendor Food program is entering it's last year on contract before needing to be rebid. Attached is the final extension on contract.

3.C. Recommend approval to authorize Executive Director to approve/sign contracts
Rationale

Recommend approval to authorize Executive Director to approve contracts/sign during months of May, June, July, August upon favorable review by ESUCC attorney

Recommended Motion

Recommend approval to authorize Executive Director to approve/sign contracts during months of May, June, July, August upon favorable review by ESUCC attorney

Actions Taken

Motion Passed:  Recommend approval to authorize Executive Director to approve/sign contracts during months of May, June, July, August upon favorable review by ESUCC attorney passed with a motion by West ESU 13 and a second by Fisher ESU 04.

Discussion

Committee discussed the need for the Executive Director to be able to approve/sign contracts during May, June, July and August upon favorable review by ESUCC attorney.

3.D. Program Updates
Committee Chair - Paul Tedesco
3.D.I. Annual/Paper Buy
Committee Chair - Paul Tedesco
Rationale

See attachment for Summary of Marketplace orders since January 1, 2016 for the following information (Orders by ESU, Orders by Item, Vendor Annual Buy Totals, Vendor year round Totals).

Annual Buy Summary (Paper Included)
2016 Total Sales: $3,435,017 compared to
2015 Total Sales: $3,954,825.61 (Difference of $519,808.61)

We did have an additional $287,537.29 that should be counted towards the total Annual Buy summary.  Many schools ordered out of the year round catalogs without realizing these were not Annual Buy catalog items.

2016 Total Sales during Annual Buy Timeline: $3,722,554.29 (Difference of $232,271.32 of which $140,000 was paper and $92,271 was Annual Buy).

Attachments
Discussion

Coop Committee discussed the Annual Buy (including Paper Buy).

3.E. Future Efforts
Committee Chair - Paul Tedesco
3.E.I. Approve Interlocal with Fillmore County Hospital
Rationale

The Fillmore County Hospital is interested in entering into an Interlocal Agreement between ESUCC and Fillmore County Hospital for the solicitation of public bids and enter into contracts on its own behalf and to purchase supplies, material, equipment, and services.

 

RESOLUTION

 

WHEREAS, on May 3, 2016, at a duly convened and scheduled meeting of the Educational Service Unit Coordinating Council, also known as the ESUCC, it was recommended and deemed advisable that the Council enter into the Interlocal Agreement with Fillmore County Hospital to jointly bid and contract, for supplies, materials, equipment, and services through the ESUCC’s Cooperative Purchasing Program;

 

AND WHEREAS, consideration of the matter was a duly advertised agenda item for the said meeting of the ESUCC; 

 

AND WHEREAS, an opportunity was afforded any interested party to comment on the matter; and the ESUCC being apprised of the various aspects of the issue;

 

AND WHEREAS, the Board has determined that entering into the Interlocal Agreement is in the best interests of the ESUCC and its members and is appropriate to provide for the efficient and effective operation of the ESUCC;

 

NOW BE IT THEREFORE RESOLVED that the ESUCC’s Executive Director be authorized on behalf of the ESUCC, pursuant to this Resolution, to affix his signature to the aforementioned Interlocal Agreement and to do all things necessary to comply with said Agreement.

It was so moved by _________________ and seconded by __________________ this 3rd day of May, 2016.

 

Roll call vote as follows:

 

Name                                          Yes    No

 

ESU 1:       ___________________________        ___   ___

 

ESU 2:       ___________________________        ___   ___

 

ESU 3:       ___________________________        ___   ___

 

ESU 4:       ___________________________        ___   ___

 

ESU 5:       ___________________________        ___   ___

 

ESU 6:       ___________________________        ___   ___

 

ESU 7:       ___________________________        ___   ___

 

ESU 8:       ___________________________        ___   ___

 

ESU 9:       ___________________________        ___   ___

 

ESU 10:     ___________________________        ___   ___

 

ESU 11:     ___________________________        ___   ___

 

ESU 13:     ___________________________        ___   ___

 

ESU 15:     ___________________________        ___   ___

 

ESU 16:     ___________________________        ___   ___

 

ESU 17:     ___________________________        ___   ___

 

ESU 18:     ___________________________        ___   ___

 

ESU 19:     ___________________________        ___   ___

 

Attachments
Recommended Motion

Recommend approval of proposed resolution, upon favorable review by ESUCC attorney

Actions Taken

Motion Passed:  Recommend approval of proposed resolution, upon favorable review by ESUCC attorney passed with a motion by West ESU 13 and a second by Mowinkel ESU 08 .

Discussion

Coop Committee discussed the interlocal agreement between ESUCC and Fillmore County Hospital.

3.F. Statewide Communications
Committee Chair - Paul Tedesco
Rationale

ESUCC Coop School Advisory Committee Agenda - Friday, April 29, 2016 9:30 a.m.

 

Discussion

Coop Committee discussed the advisory committee notes form March 28, 2016.

3.G. Coop Strategic Plan
Committe Chair Tedesco
Rationale

Executive Director David Ludwig, Executive Director Assistant Deb Hericks, and ESUCC Coop Staff will meet in Ainsworth on May 10th to work on the Strategic Plan items below.

Coop Strategic Plan

Action Items that came out of the Strategic Plan

  1. Contract agreement for non-ESU participants.
  2. Describe how Coop does bidding, can be added to language of school board policies to include Coop.
  3. ESUCC will need to change policy on how to advertise for bids to include website advertising.  Need to repeal/rescind old requirement and implement new policy.
  4. Process for verification of entities that ESUCC can serve.  Send to attorney for review to determine if legal entity before proceeding with inter-local.
  5. Draft and approve talking points for ESU Administrators to utilize with School and other members.
  6.  Review growth of Coop Annually
  7. Create Survey for Schools/Members
  8. Create Survey for Vendors
  9. Create Marketing flyer for Coop
  10. Continue to pursue new contracts
  11. Continue to Market Coop at Conferences

Discussion

Coop Strategic Plan

Action Items that came out of the Strategic Plan:

- Contract agreement for non-ESU participants.

- Describe how Coop does bidding, can be added to language of school board policies to include Coop.

- ESUCC will need to change policy on how to advertise for bids to include website advertising.

- Need to repeal/rescind old requirement and implement new policy.

- Process for verification of entities that ESUCC can serve. Send to attorney for review to determine if legal entity before proceeding with inter-local.
- Draft and approve talking points for ESU Administrators to utilize with School and other members.

- Review growth of Coop Annually
- Create Survey for Schools/Members
- Create Survey for Vendors
- Create Marketing flyer for Coop
- Continue to pursue new contracts
- Continue to Market Coop at Conferences

3.H. Policy & Procedures
Committee Chair - Paul Tedesco
Rationale

Procedures to Write

Coop to review the above procedures to write document and decide if those items are already in the Coop procedure manual or need to be added. 

Discussion

ESUCC Staff will work to review and write needed policies and procedures.

4. Next Meeting Agenda Items
Committee Chair - Paul Tedesco
5. Executive Session
Rationale

The ESU Coordinating Council is authorized by state statute to enter into executive session. Executive session 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.

PROPOSAL:

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.

6. Adjournment
Committee Chair - Paul Tedesco
Actions Taken

Motion Passed:  Motion to adjourn at 10:00 AM passed with a motion by Fisher ESU 04 and a second by West ESU 13.