ESU Coordinating Council
April 08, 2015 8:00 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. 

2. Roll Call
Committee Chair - Paul Tedesco
3. Agenda Item
Committee Chair - Paul Tedesco
3.A. Coop Vision
Committee Chair - Paul Tedesco
Rationale

Commitments/Beliefs:

    Enhance Cooperative Purchasing through effective statewide communication.
    Provide equitable statewide pricing for goods and services.
    Provide a user friendly sourcing and procurement system to meet the needs of member entities.
    Provide statewide and nationally leveraged contracts to it’s members.
    Savings realized by purchasing in quantity for present and future procurement needs.

Action Plan:

    Increase the utilization of Coop negotiated contracts by all member entities by increasing communications to member key contacts.
    Increase membership of Coop by actively engaging non-participating schools and other public agencies when opportunities present themselves.
    Have a balanced budget by the 2018-19 year.

3.B. COOP Goals
Committee Chair - Paul Tedesco
3.B.I. Reduce the Number of POs
Committee Chair - Paul Tedesco
3.B.II. Billing Responsive to District needs
Committee Chair - Paul Tedesco
3.B.III. Enhancement of Coop through Statewide communication
Committee Chair - Paul Tedesco
3.B.IV. Effective statewide training
Committee Chair - Paul Tedesco
3.B.V. Develop a "user friendly" environment
Committee Chair - Paul Tedesco
3.B.VI. Ensure on-time delivery
Committee Chair - Paul Tedesco
3.C. Program Updates
Committee Chair - Paul Tedesco
3.C.I. Annual/Paper Buy
Committee Chair - Paul Tedesco
Discussion

It was noted that paper orders are down just a little this year, as compared to last year.

3.C.I.a. 2015 Paper Buy Totals
Paul Tedesco
Rationale

Attached are reports from the recent Paper Buy and totals by ESU.

Attachments
3.C.II. Specials Buys
Committee Chair - Paul Tedesco
3.C.II.a. Recommend Adobe Enterprise License Agreement
Paul Tedesco
Rationale

This agreement isn't a direct purchasing agreement with Adobe for Products & Services but rather each School District must purchase through a Channel Partner (ESUCC currently has an agreement with Journey Ed/Academic Superstore and Admin fees would come from this agreement).

Background: In May 2013 Adobe moved to an entirely subscription based, term software licensing model, the Creative Cloud. The proposed agreement is designed to provide Nebraska K-12 School Districts with the opportunity to participate in a statewide Enterprise Term Licensing Agreement (ETLA) which will leverage the buying power of all Nebraska institutions to lower K-12 costs for industry standard creative tools regardless of the size of the institution.

Proposal: Adobe is proposing an ETLA to cover all faculty, staff and district owned machines (including student 1-1 deployments). This agreement provides K-12 district wide access to Creative Cloud Enterprise for High Schools and Middle Schools and Photoshop Elements, Premiere Elements and Acrobat XI Pro for Elementary Schools and can be deployed to all institution owned machines. This agreement will provide access to Adobe software, at a price that is not available to individual institutions.

Benefits:  The ETLA locks in proposed pricing for the next 3+ years, ensuring a predictable budget item for Adobe software. It establishes a consistent approach to Adobe licensing by enabling streamlined deployment and simplified license management for Adobe Creative Software and provides access for all faculty, staff, lab and classroom machines at the district, ensuring equitable access across the campuses.

Negotiated Pricing: Nebraska K-12 Districts are being extended a pricing structure that benefits all members, from the largest to smallest institutions. All participating institutions are required to license their entire faculty and staff; pricing is per FTE, the ETLA term is three years, payments are made annually.

ETLA Coverage Models – Two Models:

1) District Wide Coverage = $24 / FTE (Faculty & Staff, knowledge workers only).

  • The ETLA will cover 100% of institutionally owned computers for Acrobat Professional.
  • High Schools and Jr. High Schools will have 100% coverage of Adobe Creative Cloud;
  • Elementary Schools (K-6) will have 100% coverage of Photoshop & Premier Elements
  • The ETLA includes Work at home rights for all faculty and staff are included at $10 per user per year, for two personal computers.

Or

 2) Device Based Licensing

Creative Cloud Desktop Applications- $145.00 per device

Attachments
Recommended Motion

To waive RFP policy and have ESUCC Executive Director sign contract for Adobe Enterprise Term License Agreement ETLA, upon favorable review by ESUCC attorney.

Actions Taken

Motion Passed:  To waive RFP policy and have ESUCC Executive Director sign contract for Adobe Enterprise Term License Agreement ETLA, upon favorable review by ESUCC attorney. passed with a motion by Calvert ESU 15 and a second by Fisher ESU 04.

Discussion

This agreement isn't a direct purchasing agreement with Adobe for Products & Services but rather each School District must purchase through a Channel Partner (ESUCC currently has an agreement with Journey Ed/Academic Superstore and Admin fees would come from this agreement).

Proposal: Adobe is proposing an ETLA to cover all faculty, staff and district owned machines (including student 1-1 deployments). This agreement provides K-12 district wide access to Creative Cloud Enterprise for High Schools and Middle Schools and Photoshop Elements, Premiere Elements and Acrobat XI Pro for Elementary Schools and can be deployed to all institution owned machines. This agreement will provide access to Adobe software, at a price that is not available to individual institutions.

Benefits: The ETLA locks in proposed pricing for the next 3+ years, ensuring a predictable budget item for Adobe software. It establishes a consistent approach to Adobe licensing by enabling streamlined deployment and simplified license management for Adobe Creative Software and provides access for all faculty, staff, lab and classroom machines at the district, ensuring equitable access across the campuses.

Negotiated Pricing: Nebraska K-12 Districts are being extended a pricing structure that benefits all members, from the largest to smallest institutions. All participating institutions are required to license their entire faculty and staff; pricing is per FTE, the ETLA term is three years, payments are made annually.

3.C.III. AEPA
Committee Chair - Paul Tedesco
3.C.III.a. Recommend payment of AEPA yearly fees
Paul Tedesco
Rationale

AEPA collects membership fees through a formula based off total Admin fees received from vendors.  See attached spreadsheet.  Fees for January 1, 2014 to December 31, 2014 total $3,413.63 and is calculated from $127,575.32 Admin fees received from AEPA vendors.

Attachments
Recommended Motion

Recommend payment of AEPA Assessment fees for the time period of January 1, 2014 to December 31, 2014 in the amount of $3,413.63.

Discussion

AEPA collects membership fees through a formula based off total Admin fees received from vendors. See attached spreadsheet. Fees for January 1, 2014 to December 31, 2014 total $3,413.63 and is calculated from $127,575.32 Admin fees received from AEPA vendors.

3.D. Interlocal Agreement to share Coop Purchasing Director
Committee Chair - Paul Tedesco
Attachments
Recommended Motion

Recommend approval of Interlocal Agreement to share the ESUCC Coop Purchasing Director

Actions Taken

Motion Passed:  Recommend approval of Interlocal Agreement to share the ESUCC Coop Purchasing Director passed with a motion by Fisher ESU 04 and a second by Mowinkel ESU 08 .

3.E. Future Effort/Timeline
Committee Chair - Paul Tedesco
Rationale


3.F. Financial
Committee Chair - Paul Tedesco
3.G. Statewide Communications
Committee Chair - Paul Tedesco
3.H. Policy & Procedures
Committee Chair - Paul Tedesco
3.I. Strategy session to receive legal advice from ESUCC’s attorney and discuss options regarding service contract.
Committee Chair - Paul Tedesco
Rationale

Committee Chairman/Council President may state the following:

The next item on the agenda is a strategy session to receive legal advice from the ESUCC’s attorney and discuss options regarding service contract.  We will limit our discussion to discussing legal advice and legal options related to a service contract.  

Committee Chairman/Council President may ask for a motion as follows:

Is there a motion for the [Committee/Council] to enter closed session to receive legal advice from the ESUCC’s attorney and discuss options regarding service contract?  I believe such a motion is clearly necessary to protect the public’s interest and to maintain the attorney-client privilege.

 

Committee/Council Member #1:  So moved. 

Committee/Council Member #2:  Second.

Discussion:

Roll Call Vote:

[Record time Committee/Council enters closed session]

After the Committee/Council has voted to go into closed session and just before entering closed session: 

The [Committee/Council] has adopted a motion to enter closed session to receive legal advice from the ESUCC’s attorney and discuss options regarding service contract.  The [Coop Committee/Council] will limit itself to discussion of this issue.

[When the [Committee/Council] has completed the closed session, return everyone to the meeting, make a motion to return to open session, get a second, discuss, and take a roll call vote.  Record the time that the closed session ends.]

Recommended Motion

Motion for the COOP Committee to enter closed session to receive legal advice from the ESUCC’s attorney and discuss options regarding service contract at ____

Actions Taken

Motion Passed:  Motion for the COOP Committee to enter closed session to receive legal advice from the ESUCC’s attorney and discuss options regarding service contract at 8:20 a.m. passed with a motion by Mowinkel ESU 08 and a second by Calvert ESU 15.

Discussion

The next item on the agenda is a strategy session to receive legal advice from the ESUCC’s attorney and discuss options regarding service contract.

4. Next Meeting Agenda Items
Committee Chair - Paul Tedesco
Actions Taken

Motion Passed:  Motion for the COOP Committee to enter closed session to receive legal advice from the ESUCC’s attorney and discuss options regarding service contract at ____ passed with a motion by Mowinkel ESU 08 and a second by Calvert ESU 15.

Motion Passed:  Motion for the COOP Committee to enter closed session to receive legal advice from the ESUCC’s attorney and discuss options regarding service contract at 8:20 a.m. passed with a motion by Mowinkel ESU 08 and a second by Calvert ESU 15.

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.

5.A. Strategy session to receive legal advice from ESUCC’s attorney and discuss options regarding service contract.
Committee Chair - Paul Tedesco
Rationale

The ESUCC staff met on 04/01/2015 at ESU 3 to discuss and plan future efforts for the Coop project.  Vision and Goals were discussed and a timeline was formulated.  Participation during the meeting included Executive Director David Ludwig, Coop Director Craig Peterson, ESUCC Business Manager Priscilla Quintana, Programs Assistant Brenda Konkoleski, and Projects Manager Scott Isaacson.

Sourcing and Procurement timeline

Recommended Motion

Motion to return to open session at ____

Actions Taken

Motion Passed:  Motion to return to open session at 9:01 a.m. passed with a motion by Mowinkel ESU 08 and a second by Fisher ESU 04.

6. Adjournment
Committee Chair - Paul Tedesco
Actions Taken

Motion Passed:  Motion to adjourn meeting at 9:01 AM passed with a motion by Tedesco ESU 11 and a second by Mowinkel ESU 08 .