ESU Coordinating Council
January 04, 2017 2:00 PM
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. 

2. Roll Call
Committee Chair - Paul Tedesco
Discussion

Call to order at 1:53 PM. 

Staff:  David Ludwig, Craig Peterson, Priscilla Quintana, Deb Hericks. 


3. Agenda Item
Committee Chair - Paul Tedesco
3.A. Consent Items
Committe Chair Tedesco
Rationale

Contracts to be approved.

Recommended Motion

To approve AEPA 2017 awards and Extensions as listed in 3.A.I, 3.A.II, 3.A.III, 3.A.IV and have Executive Director sign contracts with each vendor, upon favorable review by ESUCC Attorney.

Actions Taken

Motion Passed:  To approve AEPA 2017 awards and Extensions as listed in 3.A.I, 3.A.II, 3.A.III, 3.A.IV and have Executive Director sign contracts with each vendor, upon favorable review by ESUCC Attorney. passed with a motion by Fisher ESU 04 and a second by Mowinkel ESU 08 .

Discussion

Coop Director shared the consent items contracts extensions. 

3.A.I. Approve 2017 AEPA Bid Awards
Rationale

AEPA Agreement Bid #017

  1. Konica Minolta (Copiers, MFPs, Printers and Managed Print Services)
  2. Kyocera ( (Copiers, MFPs, Printers and Managed Print Services)
  3. Sports Surfacing Distributing (Hardwood & Synthetic Flooring)
  4. Techline Sports Lighting (Athletic Field Lighing)
  5. Weatherproofing Technologies (Roofing & Related Services)

Attachments
3.A.II. Approve AEPA Extensions for 016 Bids
Rationale

Extensions for AEPA Agreement Bid #016

  1. SchoolDude.com (Facility Management Software
  2. ProGrass, LLC (Synthetic Turf)
  3. UBU Sports (Synthetic Turf)
  4. FieldTurf USA, Inc (Synthetic Turf)
  5. Hellas Construction (Synthetic Turf)
  6. The Motz Group (Synthetic Turf)
  7. Shaw Sports Turf (Synthetic Turf)
  8. FieldTurf USA, Inc (Track & Court Surfaces)
  9. Hellas Construction (Track & Court Surfaces)
  10. Mackin Educational Resources (Digital Resources)
  11. Teachingbooks.net (Digital Resources)
  12. The Library Corporation (Digital Resources)

Attachments
3.A.III. Approve AEPA Extensions for 015 Bids
Rationale

Extensions for AEPA Agreement Bid #015

  1. Independent Stationers (Office Supplies)
  2. Quill Corporation (Office Supplies)
  3. Quill Corporation (Instructional and School Supplies)
  4. School Specialty (Instructional and School Supplies)
  5. Quill Corporation (Custodial, Rest Room, Break Room, and Safety Supplies)
  6. Nilfisk Advance (Custodial Equipment)
  7. Creative Information Technology, Inc (Security - Live Fingerprint and Palm Screening)
  8. CEIA USA (Security - Live Fingerprint and Palm Screening)

Attachments
3.A.IV. Approve AEPA Extensions for 014 Bids
Rationale

Extensions for AEPA Agreement Bid #014

  1. Midwest Technology Products (Industrial Arts, Career, and Technical Education)
  2. School Specialty (Industrial Arts, Career, and Technical Education)
  3. Troxell Communications (Interactive Classroom)
  4. School Specialty (School Furniture)
  5. Interior Systems, Inc. (School Furniture)
  6. MNJ Technologies (Technology Catalog)
  7. CDW-G (Technology Catalog)
  8. School Specialty (Sports Equipment)

Attachments
3.B. Program Updates
Committee Chair - Paul Tedesco
Discussion

Coop Director shared program updates.

3.B.I. Approve Annual/Paper Buy
Committee Chair - Paul Tedesco
Rationale

Links to Annual Buy Bid recaps for each section are below.

Recommended Motion

Motion to approve the Annual Buy line item awards as awarded by ESUCC Coop staff.

Actions Taken

Motion Passed:  Motion to approve the Annual Buy line item awards as awarded by ESUCC Coop staff passed with a motion by Calvert ESU 15 and a second by Fisher ESU 04.

Discussion

Coop director discussed the annual bid awards. 

3.B.I.a. Historical Data on Admin Fees & Vendor Bidding
Committee Chair - Tedesco
Rationale

Prior to NECPAS

  • School paid 3.5% Admin fee to Coop
  • School paid local ESU Admin fee percentage (This ranged from 2% to 6.5%)
  • Vendor includes in bid cost of shipping to 17 ESU's.
  • Member Equities paid back to ESU's by Coop
  • Total percentage paid by vendors (0%)

NECPAS Years

  • Vendor paid 1.45% to fund cost of NECPAS (fee for NECPAS was about $50,000)
  • School paid 3.5% Admin fee to Coop
  •  School paid local ESU Admin fee percentage (This ranged from 2% to 6.5%)
  • Vendor includes in bid cost of shipping to 17 ESU's.
  • Total percentage paid by vendors (1.45%)

ESM Years

  • Year 1 (fee for ESM was about $110,000)
    • Vendor paid 1.45% to fund cost of ESM
    • School paid 3.5% Admin fee to Coop
    • School paid local ESU Admin fee percentage (This ranged from 2% to 6.5%)
    • Vendor includes in bid cost of shipping to 17 ESU's.
    • Vendor billed one Invoice to ESUCC
    • Vendor paid $99 ESM fee to bid
    • Total percentage paid by vendors (1.45% and $99 year)
  • Year 2-3 (fee for ESM was about $220,000)
    • Vendor paid 5% to fund cost of ESM
    • School paid 0% Admin fee to Coop
    • Vendor includes in bid cost of shipping to all Schools.
    • Vendor billed all Schools separately
    • Vendor paid $99 ESM fee to bid
    • Total percentage paid by vendors (5% and $99 year)

Equal Level Years (fee for IonWave & Equal Level $75,000)

  • Vendor paid 5% to ESUCC
  • School paid 0% Admin fee to Coop
  • Vendor includes in bid cost of shipping to all Schools.
  • Vendor billed all Schools separately
  • Total percentage paid by vendors (5%)

Vendor Tracking

Annual Buy Admin Fee - Impact of Change

 

Discussion

Executive Director shared historical data on past admin fees and vendor bidding fees.  This is historical information on what past admin/vendor fees.  Coop Director also shared a vendor tracking spreadsheet that shows vendors over time.  There were 9 vendors that did not bid this year.  Over the years there have been about 30 vendors that have dropped from vending.  Several vendors have voiced their concern was the admin fee.  Coop direction also shared a spreadsheet showing the impact of changing the admin fee. 

3.B.I.b. Coop Strategic Plan
Committe Chair Tedesco
Rationale

Interest from other AEPA states wanting to participate in the ESUCC Annual Buy process.

  • Annual Buy difference in price markup data.
  • Legal Review
  • Vendor impact
    • Increase or Decrease in Nebraska school cost?
    • Shipping costs
  • State interest (Minnesota, North Dakota, South Dakota, Wyoming)
  • Equal Level capabilities
    • Addresses for aggregated ordering can cause issues
    • Begin with option for year round catalog at an increased percentage for named member states

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.


Interest from other AEPA states wanting to participate in the ESUCC Annual Buy process.



  • Annual Buy difference in price markup data.

  • Legal Review

  • Vendor impact

    • Increase or Decrease in Nebraska school cost?

    • Shipping costs



  • State interest (Minnesota, North Dakota, South Dakota, Wyoming)

  • Equal Level capabilities

    • Addresses for aggregated ordering can cause issues

    • Begin with option for year round catalog at an increased percentage for named member states






Decision on fee needs to be made by April/May time frame on whether or not to change admin/vendor fees.  Coop Director to make contact with states.  Director can also have discussion with other vendors on their thoughts. 

3.B.II. Approve pursuing a Special Buy with Staples Advantage with membership to NJPA.
Committee Chair - Paul Tedesco
Rationale

Because Staples Advantage wasn't renewed at the recent AEPA I would propose the ESUCC enter into a Special Buy contract with Staples Advantage.  In order to leverage increased discounts Staples is also recommending that ESUCC become a member of National Joint Powers Alliance NJPA.  NJPA is a national agency similar to AEPA except that Admin fees are paid by vendors to NJPA and not ESUCC. 

Entering into an agreement with NJPA and Staples Advantage ESUCC Members would benefit by:

  • Joining a multi state/member cooperative requiring no membership dues
  • Leveraging NJPA membership purchasing volume for increased discount levels on both year round purchasing and Annual Buy bids.
  • Ability to add additional Terms & Conditions to meet local requirments to include the ESUCC Admin fee.
  • We would retain the Staples Advantage punchout catalog in the ESUCC Marketplace, giving school districts additional choices when purchasing.  Nebraska is the only AEPA state that has a punchout with Staples.

Contract would be written in a fashion that Staples would pay both the NJPA Admin fee and an ESUCC Admin fee.

Recommended Motion

To Approve pursuing a Special Buy Contract with Staples Advantage with Membership to NJPA, upon contract and membership requirements receiving favorable review by ESUCC attorney.

Actions Taken

Motion Passed:  To Approve pursuing a Special Buy Contract with Staples Advantage with Membership to NJPA, upon contract and membership requirements receiving favorable review by ESUCC attorney. passed with a motion by Mowinkel ESU 08 and a second by Calvert ESU 15.

Discussion

Coop Director discussed that Staples Advantage was not renewed through AEPA.  We can get deeper discounts if joined through NJPA. 

3.B.III. AEPA
Committee Chair - Paul Tedesco
3.B.III.a. AEPA policies and Articles of Incorporation
Rationale

Prior to the AEPA meeting in Savannah, GA the AEPA legal council reviewed AEPA Governing documents to include policies and made suggestions for changes.  These documents are attached.

Attachments
Discussion

Prior to the AEPA meeting in Savannah, GA the AEPA legal council reviewed AEPA Governing documents to include policies and made suggestions for changes.  The articles for review are attached. 

3.B.III.b. Approve AEPA Code of Conduct and Business Ethics
Rationale

At the recent AEPA meeting in Savannah, GA a Draft of a "Code of Conduct and Business Ethics" was reviewed.  The Executive Committee of AEPA wanted to approve this but many members hadn't seen the document.  

After discussion with AEPA members it was decided to strike a number of items that are reflected in the attached document.  It was decided that we would adopt the document at the April meeting after members had time to share this with their boards.

Attachments
Recommended Motion

Approve the AEPA Code of Conduct, Business Ethics, and Disclosure Statement.

Actions Taken

Motion Passed:  Approve the AEPA Code of Conduct, Business Ethics, and Disclosure Statement. passed with a motion by Tedesco ESU 11 and a second by Fisher ESU 04.

Discussion

Coop Director shared that we need to approve the AEPA Conduct of Conduct, Business Ethics, and Disclosure Statement.  This has been reviewed by legal with no concerns.

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

Training dates have been set for School/ESU staff.  Dates and regions were strategically picked to allow for the least amount of travel and to have trainings near the opening of the Annual Buy.  All trainings will be 9:00 a.m. to Noon for the timezone of location.
 
January 11, 2017 - ESU 1
January 13, 2017 - ESU 7
 
January 16, 2017 - ESU 17 Ainsworth - (Priscilla & Colleen)
January 17, 2017 - ESU 8 Norfolk Lifelong Learning Center- (Priscilla & Colleen)
January 19, 2017 - ESU 2 Fremont
 
January 23, 2017 - ESU 11 Holdrege
January 24, 2017 - ESU 15 Trenton
January 25, 2017 - ESU 16 North Platte
January 26, 2017 - ESU 13 Scottsbluff
January 27, 2017 - ESU 10 Kearney
 

February 3, 2017 - ESU 6 Mlford

February 6, 2017 - ESU 9 Hastings
February 7, 2017 - ESU 5 Beatrice
February 8, 2017 - ESU 4 Auburn
February 9, 2017 - ESU 3 LaVista
 
 
Lincoln Public and Omaha Public, if you are interested in training at your sites please contact Craig Peterson directly to coordinate dates and contacts in your districts.
ESU 18 - Lincoln Public Schools
ESU 19 - Omaha Public Schools
 
 
Please send the following to your schools with the date that is scheduled for your ESU.
 
ESUCC-Coop Training Dates
 
ESUCC will be conducting it's annual training to review recent ESUCC Marketplace updates, the Annual Buy ordering process and new ESUCC Cooperative Purchasing contracts that are available to districts and members.
 
Current Agenda Items:
 
ESUCC Training Agenda
  • Introductions
  •  Any questions you want answered before the day is over.
  •  Website
  • ESUCC Marketplace
    • Changes/Updates to Marketplace
    • Verify District setup is correct
      • Approval Chains
      • Addresses
    • ESUCC Marketplace Training
      • Registering Teachers
      • Recovering Passwords
      • Overview of the Marketplace
      • Agency Admin, Approver Roles
      •  Order Aggregation by Address
    • Marketplace Questions
    • Annual Buy Process
      • Receiving process
    • Tips & Tricks
    • Questions

Discussion

Coop Director shared the training schedule for the next couple of weeks. 

3.D. Coop Procedures Manual - First Reading
Committee Chair - Paul Tedesco
Rationale

To view proposed changes to the document, see attached PDF.  The link below will only show updated information without strikethroughs.

Coop Procedure Manual

Attachments
Discussion

Coop Director reviewed the Coop Procedural Manual for first reading.  This will be approved either February or March.  We would like Administrators to share with their leadership teams and affiliate groups. 

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

  1.  Approve Annual Buy 100 Electronics Section
  2. Coop Procedures Manual - Second Reading

Discussion

  1. Approve Annual Buy 100 Electronics Section
  2. Coop Procedures Manual - Second Reading
  3. Administration Fees
  4. Strategic Plan

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 2:53 PM passed with a motion by Tedesco ESU 11 and a second by Mowinkel ESU 08 .