December 11, 2024 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 #OPSProud Spotlight recognizes Shaneice Udofia, Belvedere Elementary principal, and Valerie Varas, Crestridge Elementary principal, for receiving the 2024 Lozier Foundation MOEC LIGHTS Outstanding Elementary Principal Award.

Rationale:  The Treasurer's Report for October 2024 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:  Pursuant to Policy 7003, F.4., Administration in keeping with long-standing practice, the Substantial Completion for OPS Ashland Park-Robbins and Field Club Chiller Replacement is being submitted to the Board of Education for acceptance.

Contractor                                    Project                                          Completion Date
Prairie Mechanical Corp             OPS Ashland Park-Robbins           October 15, 2024
                                                   and Field Club Chiller   
                                                   Tower Replacement

The completion date, as listed above, is the date of commencement of the one-year warranty period and is required by the contract documents. This agreed-upon contractual date will provide continuity in the start dates of the warranties and considers that the Owner had beneficial use and occupancy of the facility.

Rationale:  Pursuant to Policy 7003, F.4., Administration in keeping with long-standing practice, the Substantial Completion for OPS for Chandler View Elementary HVAC System Upgrade Project is being submitted to the Board of Education for acceptance.

Contractor                                 Project                                     Completion Date
Grunwald Mechanical               Chandler View Elementary      April 29, 2024
                                                  Mechanical Improvements

The completion date, as listed above, is the date of commencement of the one-year warranty period and is required by the contract documents. This agreed-upon contractual date will provide continuity in the start dates of the warranties and considers that the Owner had beneficial use and occupancy of the facility.

Rationale:  Pursuant to Policy 7003, F.4., Administration in keeping with long-standing practice, the Substantial Completion for OPS Pool Equipment Upgrade Project is being submitted to the Board of Education for acceptance.

Contractor                     Project                                     Completion Date
Grunwald Mechanical   Pool Equipment Upgrade        October 23, 2024

The completion date, as listed above, is the date of commencement of the one-year warranty period and is required by the contract documents. This agreed-upon contractual date will provide continuity in the start dates of the warranties and considers that the Owner had beneficial use and occupancy of the facility.
 

Rationale:  Administration recommends the approval of the attached Notice and Consent To Assignment of Rights, Title, and Interest of the Contract between Omaha Public Schools and ZUM Services, Inc. approved by the Board of Education on February 1, 2024 to JPMorgan Chase Bank, N.A. as a required part of the financing need by ZUM.  This Notice of Assignment does not change or impact the services provided under the contract already approved by the Board of Education nor does it increase the cost under the existing agreement with ZUM Services, Inc.
 

Rationale:  FUND: 4070 Depreciation Reserve Fund
DEPT: 7062600 Printing and Publication
PROGRAM: 2510 Printing and Publication
SUPPLIER: Bishop Business Equipment, Co   $369,978.00
SUPPLIER: Canon Solutions America, Inc.   $155,167.00
SUPPLIER: Ricoh USA, Inc. $980,404.99
SUPPLIER: Quadient, Inc. $127,463.50
POLICY: 7000. III. D.
AMOUNT:  $1,633,013.49 

The District received six (6) proposals for the various equipment for printing and publishing on Bid No. 24-073. Print Technologies' proposal is considered non-compliant as they did not meet bid requirements by failing to follow bid submission requirements.

Administration recommends approval to award Bid No.24-073 in part to Ricoh USA, Inc., for a Slit/Cut/Crease Cutter ($90,250.99), Perforator ($56,713.00), Perfect Binder: Automatic Barcode Scanning ($297,836.00), and two (2) Sheet-fed Ink Jet ($220,994.91 each).  Ricoh USA, Inc. was the lowest responsible bidder for each of these pieces of equipment. This equipment replaces current outdated equipment and expands the ability of Printing and Publication to print curriculum materials, books, postcards, invitations, and other materials for schools and the District. 

Administration recommends approval to award Bid No.24-073 in part to Ricoh USA, Inc., for a Sheet-fed Toner Copier ($93,615.18). Ricoh USA, Inc. was the lowest compliant bidder. Xerox was non-compliant because it provided a black and white copier and did not provide a color copier as required in the bid.  This piece of printing equipment will provide the ability to print high-quality gloss stock used by schools and the district for special events, graduations, and other programs reducing the need to use third-party vendors for this type of printing. 

Administration recommends approval to award Bid No.24-073 in part to Quadient, Inc., for a Folder Inserter.  Quadient, Inc., was the lowest responsible bidder for this piece of equipment.  In addition to #10 envelopes, the Folder Inserter will accommodate up to a 9x12 envelope, which previously was done manually. This will also reduce labor costs by replacing manual collating, inserting, and folding of school packets. Consolidating these types of projects in Printing and Publications reduces school time and automates mass mailing, creating additional savings for schools.   The cost of this piece of equipment is $127,463.50.

Administration recommends approval to award Bid No.24-073 in part to Bishop Business Equipment, Co., for a Continuous feed Inkjet Printer.  Bishop Business Equipment, Co., was the lowest responsible bidder for this equipment. This printer will allow us to print in-house all curriculum consumable materials as requested by schools and/or Curriculum and Instruction Support.  This ability will reduce overall cost of materials and increase efficiencies in storing and providing materials to schools. The cost of this piece of equipment is $369,978.00.  

Administration recommends approval to award Bid No.24-073 in part to Canon Solutions America, Inc. Equipment for a 4’x 8’ Flatbed Printer.  Canon Solutions America, Inc.'s price of $155,167.00 was the lowest compliant bidder for this equipment.   Ricoh, USA, Inc. and Xerox were non-compliant due to providing a 4-zoned control instead of a free-flowing zoned control as required in the bid.  This equipment will reduce the costs of using third-party vendors to create signage for schools and departments.
 

Supplier	Bishop Business Equipment, Co. *	Canon Solutions America, Inc. *	Ricoh, USA, Inc. *	Quadient, Inc. *	Xerox	Print Technology
Sheet-fed Toner Copier	NA	$150,834.70	$93,615.18*	NA	$53,840.NC	NC
Perforator	NA	$81,295.00	$56,713.00*	NA	$59,173.00	NC
Slitter/Cutter/ Creaser	NA	$119,295.00	$90,250.99*	NA	$97,400.00	NC
Folder Inserter	NA	$269,595.00	$156,995.00	$127,463.50*	NA	NC
Flatbed Printer	NA	$155,167.00*	$114,455.29 NC	NA	$83,170.00 NC	NC
Continuous Feed Inkjet Printer	$369,978.00*	$407,826.88	$604,111.30	NA	$562.280.00	NC
Perfect Binder: Automatic Barcode Scanning	NA	NA	$297,836.00*	NA	$374,405.00	NC
Sheet-Fed Ink Jet        (2 each)	NA	NA	$220,994.91 (each)*	NA	$453,170.00	NC

Rationale:  FUND: 4070 Depreciation Reserve Fund
PROGRAM: 2510 Business Support Services
DEPT: 7062100 Accounting & Finance
SUPPLIER: Woodhouse Ford of Omaha, Inc.
POLICY:  7000, VII, 7000, III., D
AMOUNT:  $146,204.00

Administration recommends approval to award Bid No. 25-001 to Woodhouse Ford of Omaha, Inc. for the purchase of four (4) brand new Small Hybrid SUVs.  The vehicles will be assigned to District Operational Services to be used by Facilities staff to visit project sites and support construction projects. These vehicles support the District’s Environmental Stewardship plan by reducing overall greenhouse gas emissions created by our District Fleet.

Woodhouse Ford of Omaha, Inc. met all bid specifications and was the only bidder. The total cost for four (4) Small Hybrid SUVs is $146,204.00.
 

	Quantity	Price per unit	Total
Woodhouse Ford of Omaha, Inc.	4	$36,551.00	$146,204.00

For complete bid documentation, contact Traci.Shobe@ops.org.

Rationale:  FUND: 1 General Fund
PROGRAM: 2510 Business Support Services
DEPT. ID: 7166600 Schoolhouse Planning         
SUPPLIER: B&K Mechanical Contractors LLC, Doing Business As Grunwald Mechanical Contractors
POLICIES: 7000, III.K, 7000, VII.A, 7000, VII.D
AMOUNT:  $441,578.00

Administration recommends approval to Award Bid No. 25-002 to B&K Mechanical Contractors LLC Doing Business As (dba) Grunwald Mechanical Contractors for HVAC improvements at Walnut Hill Elementary School. HVAC improvements include a new cooling tower, condenser pumps, heat exchanger plate, and all associated electrical, piping, and structural modifications required to connect to the building's hydronic system (a system that uses cool or hot water to regulate building temperatures). 

The existing geothermal well field is no longer sufficient to meet the cooling demands of the building, and this supplemental system is required to support student and staff comfort by providing colder water in the hydronic loop to reduce building temperatures down during air conditioning cycles.  The building will still utilize the geothermal field as a supplemental heat source during heating cycles.

Additionally, Administration recommends approval of the attached contract to complete this project with B&K Mechanical Contractors LLC, (dba Grunwald Mechanical Contractors). The expected completion date is March 31, 2025, and the total price of the contract is $441,578.00.

Bids received were:

Vendor	Base Bid
*Grunwald Mechanical Contractors	*$441,578.00
Prairie Mechanical Corporation	$549,000.00

For complete bid documentation, contact Barakat.Elshalaby@ops.org.

Rationale:  FUND: 31 Special Building Fund 
PROGRAM: 2510 Business Support Services 
DEPT.: 7166600 Schoolhouse Planning? 
SUPPLIER: Cheever Construction Co. 
POLICY: 7000, IV.C. 
AMOUNT: $104,147.00 
 
Administration recommends approval of change order No. 002 for Cheever Construction Co. on Bid No. 24-017 for the OPS - Mills Building Printing and Publication Remodel which the Board approved on January 11, 2024. 
 

CHE-012	Add an insulated overhead door at the south side of the building to allow for delivery and installation of printing equipment and materials.	Add	$18,919.00
CHE-013	Increase the size of the uninterrupted power source (UPS) from 6k VA to 10k VA to accommodate existing and new printing equipment.	Add	$8,054.00
CHE-017	The addition of fire alarm equipment and modifications to the fire suppression system is required for the system to meet the current code. Including 10 monitor modules, 1 PIV, and 1 exterior horn strobe.	Add	$21,008.00
CHE-018	Provide new electrical circuit with disconnect to new fire system air compressor. Install fire alarm monitoring to the fire system air compressor, butterfly valve, PS-10 and PS-40as required by code.	Add	$13,306.00
PR-004R-1	Remove 7 existing lights on grid E-11 in conflict with new wall. Remove and reinstall lighting in the expanded scope area per the reissued lighting plan.	Add	$11,259.00
CHE-001	Credit for no demolition or new flooring to occur in room 104.	Sub	($8,822.00)
CHE-002	Remove existing catwalks at the sawtooth roof. The catwalks are no longer required to access equipment and interfere with new wall locations.	Add	$3,491.00
CHE-003	Install new plumbing drain and vent to avoid surface mounting drain which would pose a trip hazard.	Add	$4,342.00
CHE-009R-1	Installation of new sleeves and wire tray into existing telecom rooms to accommodate new data cabling.	Add	$2,728.00
CHE-010	Remove existing data cabling from MDF room into former IDF room. The cabling is no longer needed to serve the building due to a new data closet and cabling being installed.	Add	$4,824.00
CHE-011	Install structural steel to support new HVAC hood that cannot be safely supported by the existing structure.	Add	$2,593.00
CHE-014-A	Install emergency eyewash in the bindery, materials used in processing will require an emergency eyewash to be present.	Add	$2,880.00
CHE-015	Remove the layer of asphalt discovered under existing flooring during construction and level floor to make ready for new flooring in the office area.	Add	$14,362.00
PR-003	Change in electrical required for access control door hardware at entry vestibule.	Add	$1,073.00
PR-005	Relocate air compressor due to equipment not being able to fit through existing openings and corridors.	Add	$4,130.00

 

Total Amount of Change Order No. 002 Add	$   104,147.00
Original Contract Amount:	$ 3,326,500.00
Previously Approved Changes:	$   890,933.00
Change Order No. 002 - Add	$   104,147.00
Total Revised Contract Amount:	$ 4,321,580.00
Amount Paid to Date	$ 1,965,904.58
Amount Remaining	$ 1,248,020.42

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:     1  General Fund
DEPT. ID:  7062700  Research Office
ACCOUNT: 54110 Tests
POLICIES: 7000, III. K., 7000, VII. A.
VENDOR: NWEA
AMOUNT: $426,901.25

Administration recommends approval of a contract and Data Protection Agreement with NWEA for the term of August 1, 2024 through July 31, 2025 to provide their MAP Growth Reading, Math, and Science assessments for students in grades K-8. MAP Growth remains our District interim assessment tied to School Improvement Data and the Strategic Plan.

Rationale:  Administration recommends approval of the Data Protection Agreement (DPA) for the ATHENA Routing Software for Education Logistics, Inc.  The previously submitted DPA had an error with the supplier's identity on the contract.  The Board of Education approved this plan on November 18, 2024. The revised DPA is attached.

Rationale:  Pursuant to Policy 3090, Administration recommends that thirty-seven (37) relocatable classroom buildings listed below be declared surplus and that staff be authorized to determine the appropriate disposition of these buildings. The relocatable classrooms are no longer needed to accommodate the student population due to new classroom additions and the construction of schools under the 2014/2018 bond construction program and current student assignment plan. 

Staff further recommends that the District’s Chief Operations Officer, or their designee, be authorized to sign on behalf of the District all necessary documents to remove or retire the buildings.
 

School Campus	Tag Number	Manufacturer	Year Purchase
Bancroft Elementary	R261	Miller	1991
Bancroft Elementary	R265	Satellite	1992
Bancroft Elementary	R284	Satellite	1993
Bancroft Elementary	R298	Satellite	1994
Catlin Elementary	R274	Satellite	1992
Crestridge Elementary	R322	Satellite	1999
Dodge Elementary	R242	Miller	1991
Edison Elementary	R244	Miller	1991
Edison Elementary	R273	Satellite	1992
Edison Elementary	R311	Satellite	1997
Florence Elementary	R229	Miller	1991
Florence Elementary	R257	Nutrend	1991
Florence Elementary	R271	Satellite	1992
Florence Elementary	R302	Satellite	1994
Gomez Elementary	R162	National	1972
Gomez Elementary	R213	National	1989
Gomez Elementary	R245	Miller	1991
Gomez Elementary	R275	Satellite	1992
Gomez Elementary	R300	Satellite	1994
Harrison Elementary	R201	National	1975
Hartman Elementary	R011	National	1971
Hartman Elementary	R142	National	1969
Hartman Elementary	R176	National	1972
Hartman Elementary	R279	Satellite	1992
Highland Elementary	R075	Capp	1970
Highland Elementary	R104	National	1972
Highland Elementary	R157	National	1972
Highland Elementary	R206	National	1989
Highland Elementary	R235	Miller	1991
Highland Elementary	R320	Satellite	1999
Jefferson Elementary	R303	Satellite	1995
Jefferson Elementary	R310	Satellite	1989
Ponca Elementary	R001	National	1972
Ponca Elementary	R276	Satellite	1992
Sherman Elementary	R133	National	1968
Springville Elementary	R278	Satellite	1992
Walnut Hill Elementary	R250	Miller	1991

Rationale:  Administration recommends approval of the attached Memorandum of Understanding (MOU) with Service Employees Local Number 226, affiliated with the AFL-CIO regarding direct deposit of wages for employees covered by the Educational Paraprofessionals, Family Support Workers, Nutrition Services, Office Personnel, Operations and Transportation collective bargaining agreements.  The MOU permits the District to require direct deposit of wages for covered employees.  Employees who do not enroll in direct deposit will be paid by a pre-paid debit card.  The language in this MOU generally mirrors language from the current Master Agreement between the District and the Omaha Education Association.

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:  FUND: 176, Misc. Federal Grants
PROGRAM: 2211, Career and Tech Ed Support
DEPT: 7196010, Career & Technical Education
Grant/Project : 471825, Perkins Basic Grant
SUPPLIER: Anatomage Inc. 
POLICIES :  7000, III.K., 7000, V.A., 7000, VII.A
AMOUNT: $83,550.00

Administration recommends approval to purchase Anatomage Table Convertible for Global Health Science themes and pathways at Central High School.  The Anatomage Table purchase includes a convertible interactive table, table hardcover, medical design studio interactives, 1-year warranty, software upgrade, tech support and training. The same product is used for curriculum/instructional delivery at the university level and aligns with instructional needs and dual enrollment opportunities. Digital models and human anatomy re-creations are more realistic and interactive than static classroom science models. The simulated body and components go beyond dissection with the table and provide various hands-on experiences utilizing life-size digital cadavers to deepen the level of learning for whole body systems. The design of the table itself allows for small group collaboration and station work that is not possible with stand-alone individualized virtual software. In keeping with Policy 7000, Section V.A., Academic Prerogative, no bid was required for this purchase. The cost of the purchase is $83,550.00.

Rationale:  Fund: 1 General Fund
Program:  2251 Staff Development
Dept:  7043100 Human Resources
Policy: 7000, VII.D.
Amount: $2,280,000.00

Administration recommends approval of the attached Second Amendment to the Agreement Between Douglas County School District 0001 and the Board of Regents of the University of Nebraska for the Teacher Scholar Academy. The original agreement was approved by the Board of Education on September 8, 2022.  A First Amendment to the Agreement was approved by the Board of Education on March 4, 2024. The Second Amendment outlines support for two additional cohorts of university students beginning in the 2025-26 and 2026-27 school years and effective through the 2028-29 and 2029-30 school years.   Students in the program would receive a $5,000 scholarship per semester.  The cost will be $285,000 per year per cohort, for a total of $2,280,000.
 

Rationale:  Administration recommends approval of the attached Settlement Agreement between the District, Janice Burton, and the City of Omaha.  Ms. Burton, an employee of the City who works at the Saddlebrook Community Center, was injured while setting the gym up for City run event. The gym in the community center is a shared space between the District and the City at Saddlebrook Elementary.  The moveable walls, which are the responsibility of the District and were in need of repair, fell on Ms. Burton while she was attempting to move them.  Ms. Burton timely filed a tort claim notice with the District.  The City also timely filed a tort claim notice to protect its subrogation rights given that Ms. Burton’s injuries arose in the scope of her employment with the City. The Settlement Agreement in the amount of $360,000.00, was negotiated through a mediation held on October 25, 2024.  The District’s retention is $300,000.00 and the balance of the settlement will be paid by United Educators, the District’s insurance carrier.

Rationale:  It is recommended that the grant fund budget be amended to include the receipts and expenditures of the attached grant awards.

Rationale:  The presentation will include an analysis of Nebraska Student-Centered Assessment System (NSCAS) and English Language Proficiency Assessment for the 21st Century (ELPA21) assessment results for 2023-2024 as well as trend data about results over the last 3 academic years. In addition, a summary of Accountability for a Quality Education System, Today and Tomorrow (AQuESTT) accountability classifications will be provided.

Rationale:  This presentation will include an analysis of graduation and drop rates for 2023-24 as well as disaggregated trend results since 2019.

Rationale:  The purpose of this report is to present information pertaining to District MAP Growth Results data for the 2023-2024 school year.

Rationale:  The purpose of this report is to present information pertaining to English Language Proficiency Assessment for the 21st Century (ELPA21) data for the 2023-24 school year.

Rationale:  The purpose of this report is to present information pertaining to Graduation and Dropout Rate data for the 2023-24 school year.

Rationale:  The purpose of this report is to present information pertaining to Nebraska Student-Centered Assessment System (NSCAS) data for the 2023-24 school year.

Rationale:  The purpose of this report is to present information pertaining to Nebraska Student-Centered Assessment System (NSCAS) ACT Results data for the 2023-24 school year.

Rationale:  The purpose of this report is to present information pertaining to On Track End Of Year data for the 2023-2024 school year.

Rationale:  This report provides a financial update on the third round of Elementary and Secondary School Emergency Relief (ESSER) Funds allocated to Omaha Public Schools in the American Rescue Plan (ARP) Act.  All awarded grant funds, $194,400,000.00, were obligated by the September 30, 2024, deadline and all but $500,000.00, covered by an extension, have been liquidated and submitted to the Nebraska Department of Education for reimbursement.

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.