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AGENDA WITH RECOMMENDATIONS FROM
THE DIRECTOR OF SCHOOLS
RUTHERFORD COUNTY SCHOOL SYSTEM 2240 Southpark Drive
Murfreesboro, TN 37128
June 21, 2018 5:00 P.M.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. MOMENT OF SILENCE
4. APPROVAL OF AGENDA
Recommend Approval --- motion to approve the agenda as presented.
5. APPROVAL OF CONSENT AGENDA (TAB 1)
A. Minutes: June 7, 2018 June 14, 2018
B. Community Use of Facilities
C. Routine Bids:
Bid #3331 - Small Wares (Food Service) Bid #3339 - New York City Field Trip (Rock Springs Middle) Bid #3340 – Custodial Supplies and Equipment
D. Agreements for Transporting Students to Tennessee School for the Blind (TSB)
Murfreesboro City Schools Bedford County Board of Education
Agenda, June 21, 2018 2
Cannon County Board of Education E. Continuation of the Collaboration Agreement with Mid-Cumberland
Head Start
F. Contractual Agreement with Vinson, Comer, Hansill, and Associates G. Contractual Agreement with The Wesley Foundation of Murfreesboro, TN
H. Contractual Agreement with Sherry Bryant for Language! Training and support.
I. Contractual Agreement with Special Kids, Inc.
J. Contractual Agreement with NHC Rehabilitation.
K. Contractual Agreement with Feltz Therapy Services, LLC.
L. Contractual Agreement with Sellars Behavioral Consulting, LLC.
M. LaVergne Lake Elementary School Contract with Erikson Early Math
Group
N. Smyrna Primary School Contract with Achieve3000
O. Title I Contract with aha! Process, Inc.
P. Cedar Grove Elementary School Contract with Adrienne Kamena
Q. Transportation:
Bus #171 Voluntary Contract Termination Bus #47 Contract Transfer
I. 2018 -2019 School Fees J. School Salary Supplements and Contract Payments:
Name Amount School Funded By DescriptionRichie Conner 6
NTE 12,000.00 Blackman High
Various School Accounts Bus Driver
Steve Effler 5
300.00 Blackman High
School Funds - Football Football Camp
Agenda, June 21, 2018 3
Nicholas Traub 5
300.00 Blackman High
School Funds - Football Football Camp
John Pierce 5
350.00 Blackman High
School Funds - Football Football Camp
Bill Vice
1,000.00 Blackman High
School Funds - General Athletics
Coaching duties for Boys Soccer
Christy Bingham
1,000.00 Riverdale Softball Boosters Softball Camp
Michael Copley
5,000.00 Siegel High
School Funds - Football
Summer weight room
Brian Guthrie
5,000.00 Siegel High
School Funds - Football
Summer weight room + mowing
Brian Hodge
2,000.00 Siegel High
School Funds - Football
Summer weight room
Hunter Long
1,000.00 Siegel High
School Funds - Football
Summer weight room
Jarod Neal
1,500.00 Siegel High
School Funds - Football
Summer weight room
Jason Pitts
1,500.00 Siegel High
School Funds - Football
Summer weight room
Paul Roland
1,000.00 Siegel High
School Funds - Football
Summer weight room
Thomas White Jr.
3,800.00 Siegel High
School Funds - Football
Summer weight room + mowing
Debra Burton
NTE 5,000.00 Stewarts Creek High
School Funds - Band
Band Camo - Summer
(Marching) & Winter ( Concert)
Michael Chester
NTE 5,000.00 Stewarts Creek High
School Funds - Band
Band Camo - Summer
(Marching) & Winter ( Concert)
Angeline Hale
NTE 5,000.00 Stewarts Creek High
School Funds - Band
Band Camo - Summer
(Marching) & Winter ( Concert)
Andrew Lynn
NTE 5,000.00 Stewarts Creek High
School Funds - Band
Band Camo - Summer
(Marching) & Winter ( Concert)
Dakota Crane
NTE 2,500.00 Blackman High
School Funds - Football
Assistant Football Coach
Vonce Henderson
NTE 5,000.00 Blackman High
School Funds - Football
Assistant Football Coach
Kyle Hayes 20 / lesson Riverdale Band Boosters Private Lessons
James Woodard
2,000.00 Siegel High
School Funds - Football
Coaching + Summer weight
room
Agenda, June 21, 2018 4
Michael Embry
1,500.00 Smyrna High
School Funds - Band
Color Guard Instruction
Phil Wilson
1,500.00 Smyrna High
School Funds - Band
Percussion Instructor
Preston Baily
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Thomas Ray Chesnut
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Jessica Dunnavant
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Kathryn Frazier
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Tara Johnson
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Nathaniel O'Neal
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Joshua Nelson
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Jovan Quallo
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Phillip Smith
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Garen Webb
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Jennifer Zimmerer
NTE 15,000.00 Stewarts Creek High
School Funds - Band + Music
Boosters
Private lessons + Sectional Coaching
Jessica Dunnavant
up to $25 per lesson
Stewarts Creek Middle Music Boosters
Instrumental Lessons
David Hobbs
up to $25 per lesson
Stewarts Creek Middle Music Boosters
Instrumental Lessons
Tara Johnson
up to $25 per lesson
Stewarts Creek Middle Music Boosters
Instrumental Lessons
Joshua Nelson
up to $25 per lesson
Stewarts Creek Middle Music Boosters
Instrumental Lessons
Jovan Quallo
up to $25 per lesson
Stewarts Creek Middle Music Boosters
Instrumental Lessons
Garen Webb
up to $25 per lesson
Stewarts Creek Middle Music Boosters
Instrumental Lessons
Jennifer Zimmerer
up to $25 per lesson
Stewarts Creek Middle Music Boosters
Instrumental Lessons
Charlotte Campbell 2 Hourly Christiana Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Agenda, June 21, 2018 5
Ricky Christopher 2 Hourly Christiana Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Joyce Henderson 2 Hourly Christiana Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
John Crutchfield 2 Hourly LaVergne High
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Voyn Hogan 2 Hourly LaVergne Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for the 2017/2018 +
2018/2019 school years
1 approved previously for an amount $500 or greater
2 not less than regular rate – or overtime rate if over 40 hours during the week 3 anticipate amounts over $500 this school year 4 amend prior approval 5 less than $500 but part of event total
6 pending approval by Transportation Department
K. Non-Faculty Volunteer Coaches:
According to Tennessee Secondary School Athletic Association (TSSAA) guidelines, Board of Education approval is required to allow non-faculty volunteer coaches to participate in the school athletic programs.
The following non-faculty volunteer coaches are for the 2018-2019 school year:
Name School Sport Bailey, Preston Stewarts Creek High Band
Bizarri, Ryan Thurman Francis Robotics Chestnut, Thomas Stewarts Creek High Band
Conard, Dale Thurman Francis Baseball Crane, Dakota Blackman HS Football Cummings, Anthony Thurman Francis Swimming Deitz, Taylor Stewarts Creek MS Cheerleading
Dunnavant, Jessica Stewarts Creek High Band Dunnavant, Jessica Stewarts Creek MS Band Fraizer, Kathryn Stewarts Creek High Band
Hagar, Kelly Thurman Francis Basketball/Girls Harding, David Rockvale MS Baseball
Hayes, Kyle Riverdale High Band
Agenda, June 21, 2018 6
Henderson, Vonce Blackman HS Football Hobbs, David Stewarts Creek MS Band Johnson, Tara Stewarts Creek MS Band
Lanza, John Thurman Francis Baseball Leach, Darcy Central Magnet MS Cross Country
Nelson, Josh Stewarts Creek MS Band Nelson, Joshua Stewarts Creek High Band O’Neal, Nathaniel Stewarts Creek MS Band Quallo, Jovan Stewarts Creek High Band Quallo, Jovan Stewarts Creek MS Band
Rankin, Kenneth Thurman Francis Robotics Smith, Phillip Stewarts Creek High Band
Sparks, Richard Thurman Francis Robotics Summers, Marcus Rockvale MS Softball
Taylor, Newton Stewarts Creek High Soccer/Girls Tigg, Jason Smyrna High Football
Torres-Rodriguez, Paul Siegel High Cross Country Verge, LaDarrius Riverdale Football Webb, Garen Stewarts Creek High Band Webb, Garen Stewarts Creek MS Band Zimmerer, Jennifer Stewarts Creek High Band
Recommend Approval --- motion to approve the consent agenda items as presented.
6. VISITORS
7. JOB DESCRIPTIONS (TAB 2) A. Athletic Trainer Coordinator
B. Certified Athletic Trainer Recommend Approval --- motion to approve new positions for Athletic Trainer Coordinator and Certified Athletic Trainer.
8. FACILITIES (TAB 3)
A. Blackman High School Baseball Restroom/Laundry and Concession Stand Dr. Leisa Justus, Principal of Blackman High School has submitted a request to add restrooms and a laundry room to the existing baseball building. The addition will be approximately 12’8” by 28’. She has also requested permission to rearrange the seating at the baseball field and add a small 10’8” by 10’8” concession stand. The project will be fully funded by gifts and funds raised by the parents and team.
Agenda, June 21, 2018 7
Dr. Justus submitted the appropriate paper work. Everything appears to be in order and Engineering has checked the site and there are no conflicts. Blackman High will purchase the appropriate permits and meet all state and local codes at no cost to the Board. The estimated total cost is $29,850.00. Recommend Approval-motion to approve construction of a baseball building addition and a concession stand as presented at no cost to the Board.
B. Automated Control Systems for Fifteen Schools Energy Efficiency Schools Initiative has approved a loan in the amount of $1,282,842.00 to install automated energy management systems in the balance of Rutherford County Schools for maximizing energy efficiency. These buildings include Rockvale Elementary School, Central Magnet School, Siegel High School, Holloway High School, Christiana Elementary School, Christiana Middle School, Central Office Building, Maintenance/Adult Ed Building, Cedar Grove Elementary School, Smyrna Elementary School, Roy Waldron School, Oakland High School, Riverdale High School, Smyrna High School and LaVergne High School. The loan has a 1% interest rate and a term of 3 years. The simple average payback from savings is 3.33 years which means that we will be putting money back into the budget in 3.33 years. The application, approval and contract is attached under a tab for Board review. This application must be approved and forwarded on to the County Commission for approval. Recommend Approval—motion to approve a loan in the amount of $1,282,842.00 at 1% interest and a term of 3 years from Energy Efficiency Schools Initiative for automated energy management systems. The work will commence once the agreement has made it through the full County Commission and signed by the County Mayor.
C. Right-Of-Way and Easement and Electric Meter Agreement for Atmos Energy Corporation Mr. Ronnie Sutton of Atmos Energy Corporation forwarded two agreements for Rutherford County School property at Walter Hill. One is a 30’ diameter Right-Of-Way Easement Agreement for the length of ten years at the intersection of Highway 231 and Jefferson Pike where we currently have a pole light and flashing school sign. Atmos wants to install an antenna at the top of a new pole at the same location for their digital metering, etc. They want to replace the pole, reinstall a new parking light and put the flashing school light back up on that pole and change the meter over to their name and pay the electric bill for the parking light, the flashing school light and the antenna for the length of the terms of the agreement. The Electric Meter
Agenda, June 21, 2018 8
Agreement gives them permission to put the current service under their name and will repair and maintain the pole and antenna. Engineering has reviewed the site and location and finds no conflicts or issues with the agreements. Mr. Reed, School Board Attorney, has reviewed the agreements. Recommend Approval-motion to approve the Right-Of-Way Easement Agreement and The Electric Meter Agreement for Atomos Energy Corporation as presented.
9. TRANSPORTATION (TAB 4)
Pursuant to Policy 3.405 Bus Contract award procedures, the potential contractor list for the 2018-2019 school year are presented. These two lists (first priority list is regular bus drivers; second priority list is those contractors who currently own one or more contracts) are for approval to facilitate the awarding of new bus contracts on a timely basis for the beginning of the new school year and thereafter as contracts are turned into the transportation department throughout the year. Recommend Approval – motion to approve the potential first and second priority lists for the 2018-2019 school year as presented.
10. ZONE EXEMPTION APPEAL
11. PROPOSED SITE ACQUISITION FOR THREE SEPARATE SCHOOL COMPLEXES
Matthews Property This property consists of up to 94 acres at $42,500 for a total of $4,000,000. It is located on the eastside just past Jefferson Pike on Highway 231. Soil testing, environmental, wastewater treatment compatibility, and appraisal, etc. will be performed before the Board’s final approval. Mr. Jeff Reed, Board Attorney will draw up the contract and handle the closing. The Board has toured this property and engineering has done an initial inspection and believes this is a suitable site with proper access to Hwy 231 for a middle and high school. Recommend Approval---motion to approve 94 acres of Matthew’s property at a cost of $4,000,000 as presented along with $120,000 for testing, closing, etc.
Agenda, June 21, 2018 9
Proposed Property for South Murfreesboro/Christiana Area The Board toured two pieces of property in this area at a special called Board Meeting on Saturday, June 16 for a three school complex. The first piece consisted of 120 acres priced at $18,000 for a total of $2,160,000 and is located with Miller Road to the west and Christiana Hoover Gap Road to the south. The second piece consisted of 120 acres priced at $19,000 for a total of $2,280,000 was bordered by Christiana Road on the southwest and Woodfin Road on The northeast. Both pieces have a few positive and negative characteristics. Mr. Lee is prepared to discuss both properties. Soil testing, environmental, wastewater treatment compatibility, and appraisal, etc. will be performed before the Board’s final approval at a cost of $120,000 for either piece. Mr. Jeff Reed, Board Attorney will draw up the contract and handle the closing. The Board Chairman will entertain a motion for purchase of either piece to open up for discussion. The motion must include the $120,000 for testing, closing, etc. Hwy 96/Almaville Road/I840 Property This property consists of up to approximately 113 acres at $32,500 for a total of $3,672,500. It is located with Shores Road to the North, Almaville Road to the west and Hwy 96 to the south. Soil testing, environmental, wastewater treatment compatibility, and appraisal, etc. will be performed before the Board’s final approval. Mr. Jeff Reed, Board Attorney will draw up the contract and handle the closing. The Board has toured this property and engineering has done an initial inspection and believes this is a suitable site with proper access to Hwy 96 and Almaville Road for an elementary school, a middle school and a high school. Recommend Approval---motion to approve 113 acres of the proposed property at a cost of $3,672,500 as presented along with $120,000 for testing, closing, etc.
12. INSURANCE UPDATE
13. DIRECTOR’S UPDATE
14. TENNESSEE LEGISLATIVE NETWORK (TLN) UPDATE
Agenda, June 21, 2018 10
15. FEDERAL RELATIONS NETWORK (FRN) UPDATE
16. GENERAL DISCUSSION BY BOARD MEMBERS
17. ADJOURNMENT
RUTHERFORD COUNTY SCHOOL SYSTEM
2240 Southpark Drive Murfreesboro, TN 37128
Minutes of June 7, 2018
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. MOMENT OF SILENCE
The Board Chairman called for a moment of silence and ask that we remember the Robyn Barrett family in the loss of her mother Wanda Barr.
4. APPROVAL OF AGENDA
5. Motion made by Mr. Young, seconded by Mr. Estes, to approve the agenda as presented.
Vote: All Yes
6. APPROVAL OF CONSENT AGENDA
A. Minutes: May 24, 2018
B. Community Use of Facilities
C. Routine Bids:
Bid # 3332 - Painting Bid # 3333 - Roof Repairs Bid # 3334 - Laser Grading Bid # 3335 - Print Cartridges Bid # 3336 - Ballfield Infield Mix Bid # 3337 – Elevator Maintenance and Monitoring
Minutes, June 7, 2018 2
D. Transportation: Bus #98 Voluntary Contract Termination Bus #118 Voluntary Contract Termination
E. School Salary Supplements and Contract Payments:
Name Amount School Funded By DescriptionJohn Mears
NTE 3,000.00 Blackman High
BHS Band Boosters Music Arranger
Jesse Messick
750.00 Blackman High
School Funds - Softball
Field Maintenance + Asst. Softball
Coach
Richie Conner 6
NTE 2,000.00 Blackman Middle
School Funds - Various Bus Driver
Melina Gonzalaz
NTE 800.00 Blackman Middle
School Funds - Volleyball
Assistant Volleyball Coach
Jessica Jackson 6
NTE 2,000.00 Blackman Middle
School Funds - Various Bus Driver
Greg Jones
NTE 5,000.00 Blackman Middle
School Funds - Football, Soccer, Softball, Baseball,
& Gen Ath.
Mowing, weed eating, fertilizing, trash pick up, and
other field maintenance
John Pierce
NTE 5,000.00 Blackman Middle
School Funds - Football, Soccer, Softball, Baseball,
& Gen Ath.
Mowing, weed eating, fertilizing, trash pick up, and
other field maintenance
Tony Sheffield 6
NTE 2,000.00 Blackman Middle
School Funds - Various Bus Driver
Sedonia Thompson
NTE 1,000.00 Blackman Middle
School Funds - Girls Basketball
Assistant Girls Basketball Coach
Ray Bennett 6
NTE 3,000.00 Central Magnet
School Funds - Various Bus Driver
Mark Kirksey
NTE 3,000.00 Central Magnet
School Funds - General Athletics Athletic Director
Allen Nichols
NTE 3,000.00 Central Magnet
School Funds - General Athletics
Game Administrator
Jason Patterson 6
NTE 3,000.00 Central Magnet
School Funds - Various Bus Driver
Jeremy 6 Stansbury
NTE 5,000.00 Central Magnet
School Funds - Various Bus Driver
Jay 6 Windham
NTE 3,000.00 Central Magnet
School Funds - Various Bus Driver
Doug Worsley 6
NTE 3,000.00 Central Magnet
School Funds - Various Bus Driver
Michael Stevenson
NTE 500.00 Christiana Middle
School Funds - General Athletics
+ Football
Football field seeding, mowing, and maintenance
Minutes, June 7, 2018 3
James Hawks
2,500.00 Oakland High
Oakland Baseball Boosters
Summer Field Maintenance
Marlene Pannell 6
NTE 1,000.00 Rock Springs Middle
School Funds - Various Bus Driver
Ryan Trotter
NTE 1,000.00 Rock Springs Middle
School Funds - Athletics, Band,
Chorus , & Campus Imp.
Field Maintenance,
Campus Beautification, Sports helper
Ryan Trotter
NTE 8,500.00 Rock Springs Middle Various
Facility Supervisor for approved
Facility Usage groups
Lorie Gober
1,200.00 Siegel High
Siegel Cheer Boosters
Additional Varsity Competition duties
Beth Ann Miller
1,200.00 Siegel High
Siegel Cheer Boosters
Additional Varsity Competition duties
Matt Williams
4,000.00 Smyrna High
School Funds - Football
Summer Field Maintenance
Catherine Betts 5
NTE 400.00 Blackman High
BHS Band Boosters
Band Camp Instruction
Talen Burkett
NTE 1,000.00 Blackman High
BHS Band Boosters
Band Camp / Percussion instruction
Robert Chandler 5
NTE 100.00 Blackman High
BHS Band Boosters Lessons
Julie Davila
NTE 6,000.00 Blackman High
BHS Band Boosters
Percussion Instruction
Michael George
NTE 8,000.00 Blackman High
BHS Band Boosters
Band Camp Instruction +
LessonsGregory Lawson
NTE 500.00 Blackman High
BHS Band Boosters
Band Camp Instruction
Tonya Lawson
NTE 500.00 Blackman High
BHS Band Boosters Lessons
Christopher Lowry
NTE 6,000.00 Blackman High
BHS Band Boosters
Band Camp / Percussion instruction
Rebecca Murphy
NTE 1,000.00 Blackman High
BHS Band Boosters
Band Camp Instruction +
LessonsDarla Perlozzi
NTE 3,000.00 Blackman High
BHS Band Boosters
Band Camp Instruction
Kelsey Rogers
NTE 2,000.00 Blackman High
BHS Band Boosters
Color Guard Instruction
Wilson Sharpe
NTE 2,000.00 Blackman High
BHS Band Boosters
Band Camp Instruction +
LessonsJames Simmons
NTE 500.00 Blackman High
BHS Band Boosters Jazz Instruction
Phillip Smith
NTE 800.00 Blackman High
BHS Band Boosters
Band Camp Instruction +
Lessons
Minutes, June 7, 2018 4
Grace Veale
NTE 3,000.00 Blackman High
BHS Band Boosters
Color Guard Instruction
James 6 McKnight
NTE 5,000.00 Central Magnet
School Funds - Various Bus Driver
Igor Zhislin
NTE 10,000.00 Central Magnet
School Funds - Chess Chess Instructor
Phouthaya Bouttavong
NTE 5,000.00 Christiana Middle
School Funds - Band
Private Lessons - Brass
Michaela Cundari
NTE 5,000.00 Christiana Middle
School Funds - Band
Private Music Instruction
Kathryn Frazier
NTE 5,000.00 Christiana Middle
School Funds - Band
Private Music Instruction
Dechea Dobson
1,500.00 Eagleville
School Funds - Band
Marching Band / Color Guard
Shantel Perry
NTE 3,000.00 Oakland High
Oakland Swim Boosters
Summer Swim camps
Michael George 20 / lesson
Oakland Middle School
School Funds - Band Private Lessons
Jonathan Ortiz 20 / lesson
Oakland Middle School
School Funds - Band Private Lessons
Benjamin Bjork
NTE 1,800.00 Riverdale
School Funds Band + Band
Boosters
Band Camp Instruction - Woodwind
specific
Rachel Bjork
NTE 3,000.00 Riverdale
Riverdale Band Boosters
Front Ensemble percussion instruction
Kathryn Frazier 20 / lesson Riverdale
School Funds Band + Band
Boosters Woodwind
lessons
Michael George
NTE 550.00 Riverdale
School Funds Band + Band
Boosters Band Camp Instruction
Michael George 20 / lesson Riverdale
School Funds Band + Band
Boosters Private Lessons - Trumpet / Brass
Timothy Hale
NTE 16,500.00 Riverdale
School Funds Band + Band
Boosters
Band Camp, Marching Staff,
Percussion Instruction
Timothy Hale 20 / lesson Riverdale
School Funds Band + Band
Boosters
Individual Percussion Instruction
Aleena Wang Ling Hii
NTE 1,500.00 Riverdale
School Funds Band + Band
Boosters Band Camp + Marching Staff
Haley Lawson
NTE 1,500.00 Riverdale
Riverdale Band Boosters
Assist with marching instruction
Rebecca Murphy
NTE 550.00 Riverdale
School Funds Band + Band
Boosters
Band Camp Instruction - Flute
specific
Rebecca Murphy 20 / lesson Riverdale
School Funds Band + Band
Boosters Private Flute
Lessons
Minutes, June 7, 2018 5
Phillip Smith
NTE 375.00 Riverdale
School Funds Band + Band
Boosters
Band Camp Instruction - Low
Brass specific
Phillip Smith 20 / lesson Riverdale
School Funds Band + Band
Boosters Private Low Brass
Lessons
Jenny Turner
NTE 4,000.00 Riverdale
School Funds Band + Band
Boosters
Band Camp Instruction,
Marching Staff, + Winter Guard
Karl Wingruber
NTE 1,000.00 Riverdale
School Funds Band + Band
Boosters
Jazz Band + Marching Band
Instruction
Karl Wingruber 20 / lesson Riverdale
School Funds Band + Band
Boosters Private Woodwind
LessonsVictoria Fields
NTE 9,000.00
Rock Springs Middle School
School Funds - Choir
Practice Voice Instructor
Sara Helton
1,500.00
Rock Springs Middle School
School Funds - Cheerleading
Cheerleading Coach
Phouthaya Bouttavong 20 / lesson Rocky Fork Middle
School Funds - Band Private Lessons
Jessica Dunnavant 20 / lesson Rocky Fork Middle
School Funds - Band Private Lessons
Kathryn Frazier 20 / lesson Rocky Fork Middle
School Funds - Band Private Lessons
Jennifer Zimmerer 22 / lesson Rocky Fork Middle
School Funds - Band Private Lessons
Abigail Coffer
NTE 5,000.00 Siegel High
Siegel HS Band Boosters
Private Flute Lessons
Douglas Edens
24,000.00 Siegel High
Siegel HS Band Boosters Color Guard Staff
Darius Edwards
900.00 Siegel High
Siegel HS Band Boosters Band Camp
Brian Entwistle
NTE 7,000.00 Siegel High
Siegel HS Band Boosters Band Staff
Jason Finley
1,200.00 Siegel High
Siegel Mens Soccer Boosters
Strength & Conditioning Class, Field
Maintenance, etcMarty Fore
NTE 1,000.00 Siegel High
Siegel HS Band Boosters Band Camp
Kathryn Frazier
NTE 5,000.00 Siegel High
Siegel HS Band Boosters Band Staff
Michael George
NTE 15,000.00 Siegel High
Siegel HS Band Boosters Band Staff
Hope Gurley
NTE 5,000.00 Siegel High
Siegel HS Band Boosters Color Guard
Anthony John Hall
900.00 Siegel High
Siegel HS Band Boosters Band Camp
Wimberly Hall
900.00 Siegel High
Siegel HS Band Boosters Band Camp
Sarah Holmes
NTE 5,000.00 Siegel High
Siegel HS Band Boosters Color Guard Staff
Minutes, June 7, 2018 6
Lane Christopher Johnson
900.00 Siegel High
Siegel HS Band Boosters Band Camp
Matthew Blake Lankford
5,000.00 Siegel High
Siegel HS Band Boosters Band Staff
Kasey McCormick-Melberg
2,400 / monthly Siegel High
School Funds - Choir
Private Voice Instruction
Fred Nelson
900.00 Siegel High
Siegel HS Band Boosters Band Camp
Ashley Norton
4,500.00 Siegel High
School Funds - Dance Team Choreographer
Jovan Quallo
NTE 7,000.00 Siegel High
Siegel HS Band Boosters Band Staff
Danielle Raines
900.00 Siegel High
Siegel HS Band Boosters Band Camp
Devin Raines
900.00 Siegel High
Siegel HS Band Boosters Band Camp
Donna Shearron
2,400 / monthly Siegel High
School Funds - Choir
Private Voice Instruction
Jeremy Smith
16,000.00 Siegel High
Siegel HS Band Boosters Band Staff
Scott Steward
NTE 7,000.00 Siegel High
Siegel HS Band Boosters Band Staff
Danny Dale
500.00 Stewarts Creek High
Red Hawk TD Club 9th Grade FB
Keri O'Neal
NTE 2,000.00 Stewarts Creek High
School funds - Girls Basketball
Assistant Basketball Coach
Kim Bly 2 Hourly Barfield
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Barbara Kemper 2 Hourly
Blackman Elementary
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Denise Arnold 2 Hourly Blackman Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Karen Cubas Ayala 2 Hourly Blackman Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Larry Fuller 2 Hourly Blackman Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Carmen Garay 2 Hourly Blackman Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Andrea Gentry 2 Hourly Blackman Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
Minutes, June 7, 2018 7
the 2018/2019 school year
Debra Gilliam 2 Hourly Blackman Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Vernon Humes 2 Hourly Blackman Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Clarence Nelson 2 Hourly Blackman Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
James Warman 2 Hourly Blackman Middle
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Roger Batey 2 Hourly Cedar Grove
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
John 2 Engelman Hourly Cedar Grove
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Bert Hawkins 2 Hourly Cedar Grove
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Randy Masters 2 Hourly Cedar Grove
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Roy Parker 2 Hourly Cedar Grove
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
Jeff Richman 2 Hourly Cedar Grove
Clubs, Athletics + Outside Groups
Additional Custodial work for
the 2018/2019 school year
1 approved previously for an amount $500 or greater
2 not less than regular rate – or overtime rate if over 40 hours during the week 3 anticipate amounts over $500 this school year 4 amend prior approval 5 less than $500 but part of event total
6 pending approval by Transportation Department
Minutes, June 7, 2018 8
F. Non-Faculty Volunteer Coaches:
According to Tennessee Secondary School Athletic Association (TSSAA) guidelines, Board of Education approval is required to allow non-faculty volunteer coaches to participate in the school athletic programs.
The following non-faculty volunteer coaches are for the 2018-2019 school year:
Name School Sport Ayers (Sparks), Mattison Central Magnet Cheerleading Bjork (Steiner), Rachel Riverdale High Band Bjork, Ben Riverdale High Band Bouttavong, Phouthava Rocky Fork Middle Band Bradley, Alfred Riverdale High Soccer/Girls Caldwell, Sydney Riverdale High Volleyball Carr, Ginger Stewarts Creek Middle Soccer/Girls Coffer, Abi Siegel High Band Dale, Dan Stewarts Creek High Football Dunnavant, Jessica Rocky Fork Middle Band Edens, Douglas Siegel High Band Embry, Michael Smyrna High Band Entwhistle, Brian Siegel High Band Fain, Durell Rock Springs Middle Football Frazier, Katie Riverdale High Band Frazier, Katie Rocky Fork Middle Band Frazier, Katie Siegel High Band Garrett, Carrie Whitworth-Buchanan Archery Gates, Autumn Siegel Middle Dance George, Michael Oakland Middle Band George, Michael Riverdale High Band George, Michael Siegel High Band Gurley, Hope Siegel High Band Hale, Timothy Riverdale High Band Harrell, Cynthia Denise Whitworth-Buchanan Archery Hii, Aleena Riverdale High Band Hillis, Luke Rock Springs Middle Football Holliday, William Whitworth-Buchanan MS Football Holmes, Sarah Siegel High Band Lankford, Matthew Blake Siegel High Band Lawson, Haley Riverdale High Band Martinez, Jennifer Smyrna High Softball McCormick-Melberg, Kasey Siegel High Choir Moore, Joseph Austin Siegel Middle Basketball/Boys Murphy, Rebecca Riverdale High Band
Minutes, June 7, 2018 9
Nelson, Fred Siegel High Band O’Neal, Keri Stewarts Creek High Basketball/Girls Ortiz, Jonathan Oakland High Band Parker, Sarah Riverdale High Soccer Quallo, Jovan Siegel High Band Shearron, Donna Siegel High Choir Smith, Collier (Sarah) Central Magnet Middle Tennis Smith, Jeremy Siegel High Band Smith, Phillip Riverdale High Band Steward, Scott Siegel High Band Turner, Jenny Riverdale High Band VerBruggen, Jeffrey Siegel Middle Football Wilson, Phil Smyrna High Band Wingruber, Karl Riverdale High Band Woodard, James Siegel High Football Zimmerer, Jennifer Rocky Fork Middle Band
Motion made by Mr. Hodge, seconded by Mr. Blair, to approve the consent agenda items as presented.
7. VISITORS – No visitors.
8. FACILITIES
A. David Youree School Additions and Renovations Deductive Change Order
Sain Construction Company has submitted a Deductive Change Order in the amount of $30,169.00 for the David Youree Additions and Renovation Project. This would reduce the contract amount for the construction from $2,518,000.00 to $2,487,831.00.
Motion made by Mr. Estes, seconded by Mr. Young, to approve a deductive Change Order submitted by Sain Construction Company for $30,169.00 at David Youree School Additions and Renovations Project. This will decrease the contract from $2,518,000.00 to $2,487,831.00. Vote: All Yes
B. Smyrna Middle School Additions and Renovations Change Order Sain Construction Company has submitted an Additive Change Order in the amount of $161,567.00 for the additional scope of work during the Smyrna Middle School Additions and Renovation Project. The additional scope of work consists of additional sidewalks for student safety, fire proofing and
Minutes, June 7, 2018 10
Fire Marshall changes, and additional paving at the site. This will change the contract amount for the construction of Smyrna Middle School Additions and Renovations from $10,045,800.00 to $10,207,367.00. Motion made by Mr. Blair, seconded by Mr. Hodge, to approve the Additive Change Order submitted by Sain Construction Company for $161,567.00 for additional work at Smyrna Middle School Additions and Renovations Project. This will increase the final contract amount from $10,045,800.00 to $10,207,367.00. Vote: All Yes
9. FINANCIAL MATTERS
A. Payout of Vacation Days for Director
After Mr. Watson’s retirement, Local Government Audit requested Board approval in the future for the director’s vacation payout. Any twelve-month employee can finish a school year with up to 66 unused vacation days, and budget amendments to fund these payouts when a staff member retires are a routine item most years.
Motion made by Mr. Estes, seconded by Mr. Young, to approve paying the Director of Schools for up to sixty-six of his unused vacation days upon retirement.
Vote: All Yes
B. Changes to 2018/19 Budget Due to Grants and State Changes
We have three changes to the 2018/19 General Purpose School Budget that increase both revenues and the offsetting expenditures. The total increase is $393,065 in grant revenues and a state flow through payment. These changes were mentioned at our joint meeting with the Health & Education Committee and the Commission’s Budget Committee.
We have been awarded two Voluntary PreK grant positions. Our total increase for Voluntary PreK is $266,145. Our CTE grant has been adjusted down by $3,847 based on the degree and experience of our new employee. We are budgeting $115,767 in a state flow through payment for internet connectivity and the offsetting expense. The state has changed the accounting for the Individual Education Accounts and $15,000 in Basic Education Program IEA revenue will offset the $15,000 expenditure in 71200-595, BEP IEA Payments.
Minutes, June 7, 2018 11
The net effect of these changes on the funding of the budget is zero since the revenues equal the expenditures.
Motion made by Mr. Young, seconded by Mr. Blair, to increase the 2018/19 General Purpose School Budget by total of $393,065 in additional grant and flow through revenues and the $393,065 in offsetting expenditures as presented.
Vote: All Yes
10. TRANSPORTATION UPDATE (For information only) The transportation department has sent a letter to all contractors and drivers advising them of the bus contract award application procedures and explaining the 1st and 2nd priority list. The lottery drawing will be held for the 2nd priority list on Wednesday June 13th at 9:00 a.m. in the Board Room. The deadline for applications was Wednesday, June 6th. From August 2017 through May 2018 we have paid $278,145 for Atlas transportation compared to $216,680 in 2016 /2017. We have pulled 740 videos this year 2017/2018 compared to 629 videos last year 2016/2017. Buses traveled a total of 20,632 miles per day which equates to 371,376 miles per month or 3,713,760 miles per year 2017/2018. Compared to 19,690 per day or 354,420 miles per month or 3,544,200 miles per year for 2016/2017. We had 29 accidents with 4 injuries this school year compared to 25 accidents with 17 injuries last year 2016/2017. The injuries occurred when Bus #185 was stopped letting students off and a car hit the back of the bus resulting in 3 students and the driver being injured none seriously. Utilizing the INow student database through 5/7/2018 we are showing 26,418 students assigned to buses compared to 24,701 at the end of October 2017. There are 21,257 students assigned to buses that live 1.5 miles or further from school compared to 20,075 at the end of October of 2017.
11. REVISED POLICIES (TAB 3) Policy 6.405: Medicines Purpose of Revision: The State Board made changes to its policy on medication to address students with adrenal insufficiency. The policy changes included align Policy 6.405 to the new language.
Minutes, June 7, 2018 12
Motion made by Mr. Hodge, seconded by Mr. Blair, to approve Policy 6.405 as recommended by the Policy Committee on second and final reading. Vote: All Yes
Policy 1.407: School District Records Purpose of Revision: Pursuant to T.C.A. § 10-7-503, records requests may be submitted in person or by telephone, fax, mail, or e-mail. This statute also requires that Board policies include the contact information of the Public Records Request Coordinator. Policy 1.407 is updated to comply with this statute. Motion made by Mr. Blair, seconded by Mr. Young, to approve Policy 1.407 as recommended by the Policy Committee on second and final reading. Vote: All Yes
Policy 2.8001: Travel Reimbursement Purpose of Revision: This policy has been updated to reflect the current language of the State of Tennessee Comprehensive Travel Regulations. Motion made by Mr. Holladay, seconded by Mr. Hodge, to approve Policy 2.8001 as recommended by the Policy Committee on second and final reading. Vote: All Yes Policy 5.108: Supervision Purpose of Revision: Policy additions include guidance to employees who either issue an order of protection or have an order of protection issued against them to inform their supervisors immediately of the order of protection. Motion made by Mr. Holladay, seconded by Mr. Estes, to approve Policy 5.108 as recommended by the Policy Committee on second and final reading. Vote: All Yes Policy 5.701: Substitute Teachers Purpose of Revision: Policy 5.701 has been updated to clarify the entity designated to maintain a list of substitute teachers. Motion made by Mr. Hodge, seconded by Mr. Blair, to approve Policy 5.701 as recommended by the Policy Committee on second and final reading. Vote: All Yes
Minutes, June 7, 2018 13
Policy 6.200: Attendance Purpose of Revision: TSBA updated the truancy portion of this policy to comply with Public Chapter 379 regarding progressive truancy interventions. This law goes into effect on July 1st. Motion made by Mr. Holladay, seconded by Young, to approve Policy 6.200 as amended on second and final reading.
Vote: All Yes
Policy 6.2011: Voluntary Pre-K Attendance Purpose of Revision: This is a new policy recommended by TSBA to comply with State Board Pre-K Attendance Policy guidance. This policy is necessary in order for districts to comply with the terms of the state grant.
Motion made by Mr. Blair, seconded by Estes, to approve Policy 6.2011 as recommended by the Policy Committee on second and final reading.
Vote: All Yes
Policy 6.304: Student Discrimination, Harassment, Bullying, Cyber-bullying, and Intimidation Purpose of Revision: T.C.A. § 49-6-4503 requires LEAs to have policies that define “harassment, intimation, bullying or cyber-bullying.” The current version of 6.304 does not define harassment. It has been updated to include the definition that was provided in TSBA’s model policy and in T.C.A. § 49-6-4503. Motion made by Mr. Hodge, seconded by Mr. Young, to approve Policy 6.304 as recommended by the Policy Committee on second and final reading.
Vote: All Yes
Policy 6.319: Alternative School Programs Purpose of Revision: The State Board made changes to its policy on alternative school programs to remove outdated language and clarify minimum requirements. The policy changes included align Policy 6.319 to the new language.
Motion made by Mr. Young, seconded by Mr. Holladay, to approve Policy 6.319 as recommended by the Policy Committee on second and final reading. Vote: All Yes
Minutes, June 7, 2018 14
12. INSURANCE UPDATE Dr. Anthony announced there is a new Veteran Support Line that provides a wide range of assistance for veterans, as well as their caregivers and families, whether they are Cigna customers or not. The Support Line is free and available 24/7/365 days at 855.24.
13. DIRECTOR’S UPDATE The Director announced that he and Mr. Spurlock are meeting with Commissioner McQueen on TNReady.
14. TENNESSEE LEGISLATIVE NETWORK (TLN) UPDATE – No report at the present time.
15. FEDERAL RELATIONS NETWORK (FRN) UPDATE Mr. Holladay gave the following report for FRN: NAACP has filed a lawsuit against the U.S. Department of Education concerning how investigations are handled by the department when there are civil rights complaints. In addition, Congress continues to move forward with the hopeful reauthorization of the Carl Perkins Act.
16. GENERAL DISCUSSION BY BOARD MEMBERS – No discussion.
There being no further business, the meeting adjourned at approximately 5:30 P.M. ______________________ ___________ E. J. Jordan, Chairman Date ______________________ __________ Marvin D. Odom, Director Daate
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RUTHERFORD COUNTY BOARD OF EDUCATION 2240 Southpark Drive
Murfreesboro, TN 37128
Special Called Budget Meeting Minutes June 14, 2018
Board Members Present Jeff Jordan, Chairman Jim Estes, Vice Chairman Lisa Moore Aaron Holladay Wayne Blair Terry Hodge Coy Young Marvin D. Odom, Director of Schools The Board Chairman, Mr. Jordan, called the meeting to order at 5:00 p.m. All stood and recited the pledge, which was led by Mrs. Moore. Fund 141 2018/19 General Purpose School Budget Revisions In this version of the 2018/19 General Purpose School Budget $20,000 in contract services has been shifted from 71200 - Special Education to 72220 - Special Education Program and additional contract service accounts are being used in both functions at the request of the state department of education. Four Special Ed Educational Assistants have been reclassified as Regular Ed EA’s, and a fifth reclassified as a Preschool EA. The other change moves $25,000 in contracted services from 72410 - Office of the Principal, to 72510 - Accounting, for Accounts Payable document management services. Motion made by Mr. Hodge, seconded by Mrs. Moore, to amend the 2018/19 General Purpose School Budget by moving $20,000 in contracted services from 71200, Special Education, to 72220 Special Education Program, to move $25,000 in contracted services from 72410, Office of the Principal, to 72510, Accounting and to make other account changes as presented. Vote: All Yes, Mr. Holladay absent for vote Fund 141 2017/18 General Purpose School Amendments
A. Program Revenues and Related Expenditures This amendment has $550,189 in program-specific revenues and the offsetting expenditures. $368,793 is eRate revenue that is related to our technology expenditures. ($140,758 of this amount will be transferred to Fund 177, the School Building Fund because the related
2
expenditures were in that fund.) $13,504 is to record our Special Education Individual Education Accounts. $52,125 is a special grant for the Governor’s Pre-school for new curriculum materials. $115,767 is for internet connectivity because of the state has changed its reimbursement method for this service. Motion made by Mr. Young, seconded by Mr. Blair, to amend the 2017/18 General Purpose School Budget by $550,189 in program-specific revenues and the offsetting expenditures as presented. Vote: All Yes, Mr. Holladay absent for vote
B. Year-end Revenue Amendment
This amendment revises 2017/18 revenues based upon most recent estimates. It increases net revenues and unassigned fund balance by $2,851,346. Our opening unassigned fund balance should be between 3.5% and 4.0% of the 2018/19 General Purpose School Budget after using $14,922,328 to balance that budget. Motion made by Mr. Blair, seconded by Mr. Hodge, to amend the General Purpose School Budget by $3,316,868 in increases to 2017/18 revenues, $465,522 in decreases to 2017/18 revenues, and to increase unassigned fund balance by $2,851,346 as presented. Vote: All Yes, Mr. Holladay absent for vote
C. Year-end Expenditure Amendment This amendment reallocates a total of $687,476 in already budgeted expenditures to the lines where they are needed. Some of the lines adjust staff to cover potential shortages; no new positions are being added.
Special Ed – 71200 - additional account changes from the state and coding corrections for
four EA’s Technology – 72250 – non-labor adjustments within the function Director of Schools – 72320 – operating expenditure funds for staff members moved to
this function last year per the state Plant Operations – 72610 – non-labor adjustments within the function Maintenance – 72620 – non-labor adjustments within the function
Motion made by Mrs. Moore, seconded by Mr. Young, to amend the 2017/18 General Purpose School Budget by $687,476 in already budgeted expenditures to the lines where they are needed as presented. Vote: All Yes, Mr. Holladay absent for vote
3
Fund 143 2017/18 Centralized Cafeteria Amendment This is the 2017/18 cleanup amendment for the Centralized Cafeteria Fund. Net revenues are being reduced by $720,288, net expenditures are being reduced by $457,180, and Restricted for School Nutrition fund balance (Account 34570) is being decreased by $263,108. Motion made by Mr. Blair, seconded by Mr. Hodge, to reduce net revenues by $720,288, to reduce net expenditures by $457,180, and reduce Restricted for School Nutrition fund balance, account 34570, by $263,108 in Fund 143, the Centralized Cafeteria Fund as presented. Vote: All Yes, Mr. Holladay absent for vote Fund 177 2017/18 Capital Projects Fund Amendment This amendment cleans up the projected 2017/18 revenues and expenditures in the Capital Projects Fund – 143. An additional $137,245 in net revenues will increase Committed for Capital Projects (their fund balance) by the same amount. $121,345 in already budgeted maintenance and repair expenditures is being moved to Engineering Services, $3,203 and Other Contracted Services, $118,142. Motion made by Mr. Young, seconded by Mr. Blair, to amend the Capital Projects Fund, with an additional $137,245 in net revenues, to increase account 34685, Committed for Capital Projects by that $137,245, and to move $3,203 to Engineering Services and $118,142 Other Contracted Services from already budgeted Maintenance and Repair expenditures as presented. Vote: All Yes Discussion of Site Acquisition for Future Schools
1. Mr. Clardy stated that there may be an opportunity to make a site acquisition for future school property due to indications that borrowing speculation for the County was lower than expected. Mr. Clardy encouraged the Board to hold a special called meeting for the purpose of looking at potential sites before the Health and Education Commission Committee meeting on Tuesday, June 19, 2018 at 5:00 p.m. Mr. Clardy suggested 2:00 p.m. on Monday as a time to meet to visit the potential property.
a. Mr. Odom clarified, stating that the scheduling reflected the County Commission meeting schedule for June and July.
b. There was general discussion by Board members related to scheduling. It was determined that it would be best to meet on Saturday June 16, 2018, at 8:00 a.m. to review the property and meet again on Monday, June 18, 2018, at 6:00 p.m. for the purposes of discussion and voting.
4
2. Motion made by Mrs. Moore, seconded by Mr. Hodge, to meet to view the three properties presented by Mr. Clardy on Saturday, June 16, 2018, at 8:00 a.m. and to meet again on Monday, June 18, 2018, at 6:00 p.m. for the purposes of discussion and voting.
a. Mr. Holladay made a motion to amend the above-style motion to also include and reschedule the Board Work Session scheduled for Tuesday, June 19, 2018, to Monday, June 18, 2018, at 6:00 p.m. Mr. Hodge seconded.
Vote: All Yes Siegel High Account Payable Siegel High School has an outstanding account payable for $23,516.35 for girl’s weight room equipment. Bid #3301 was approved by the Board on Oct. 19, 2017. The vendor delivered all of the equipment on the bid but is allowing the school to pay over four years. The school cannot approve multi-year expenditures, and we are asking for Board approval of this account payable. An entry will be made in the school’s books to reflect the total expenditure and the account payable. Audit may require that this payable be forwarded to the Rutherford County Commission for their approval. Neither the school system not the county has any liability for this account. Motion made by Mr. Hodge, seconded by Mr. Young, to approve Siegel High School’s $23,516.35 account payable with Dynabow Fitness Equipment as presented. Vote: All Yes The meeting adjourned at approximately 6:05 P.M. ______________________ ________ E.J.Jordan, Chairman Date ______________________ ________ Marvin D. Odom, Director Date
1
FACILITIES USE
June 21, 2018
Pursuant to Board Policy 3.206 public education schools and institutions, post‐secondary education Institutions, private universities and colleges, governmental entities or agencies that provide benefits to the Rutherford County school system or have an in‐kind relationship approved by the Director of Schools may request the Board of Education to allow an exemption from the use of facilities fee which the Board may allow or deny based upon the details of the specific request. The following groups qualify for the exemption: Christiana Elementary Cub Scouts Pack 341, meetings, 8/9/18‐5/16/19 Th 6:15‐7:45 pm, cafeteria, no fee Rockvale Elementary Fine Arts Matter, guitar and keyboard classes, 9/10/18‐12/10/18 Mondays 2:45‐3:45pm, B03 & teacher work room, no fee Siegel High Cavaliers Drum Corps; rehearsal space; 7/27/18; stadium, gym, & fields; no fee Siegel High Middle Tennessee Diamondback Baseball, practices, 6/21/18‐
7/20/18, baseball field, no fee Stewartsboro Elementary Amanda Richardson, baby shower, 7/12/18 2‐4pm, cafeteria, no
fee Stewartsboro Elementary Samuel Trubee SRO, baby shower, 6/23/18 12‐2pm, cafeteria, no fee Note: Facility use for 6/21/18 has been granted pending Board action. A certificate of insurance with $2,000,000.00 limits ($1,000,000.00 if approved) is required by each user. Each group must forward any renewals of insurance to the Board on time; otherwise approval is terminated at the end of the policy period. All approvals are for no more than a 1‐year period.
Bid #3331Small Wares (School Nutrition Dept.)
Vendor Percentage Off Catalog Price
Birmingham Restaurant Supply 15%
*Clark Food Service Equipment 0%
Mobile Fixture 0%*$100.00 minimum order
Mailed to 18 vendors15 vendors did not respond
Recommend: Motion to award to Mobile Fixture for overall lowest and best bid.
To be funded through the School Nutrition Department.
06/07/18
Bid # 3339New York City Trip
Rock SPrings Middle School(June 3, 2019 - June 7, 2019)
Vendor Complete package per student Complete package per adult
Bob Rogers Travel $1965 (Quad), $2095 (Triple), $2235 (Double), or $2765 (Single)
$1965 (Quad), $2095 (Triple), $2235 (Double), or $2765 (Single)
Mailed to 9 vendors8 vendors did not respond
Recommend: Motion to award to Bob Rogers Travel for overall lowest and best bid.
To be funded through Rock Springs Middle School.
06/21/18
Bid #3340Custodial Supplies / Equipment
Item # ProductAmerican
Paper & Twine
Applied Industrial
TechnologiesBuckeye Cleaning Cosgrove Kelsan
Performance Safety Group
1 Carpet Shampoo (Dry Foam) 3.89$ 4.25$ 8.65$ 2 Carpet Extraction Fluid 3.86$ 4.01$ 8.00$ 3 Neutral Floor Soap 4.74$ 4.69$ 7.35$ 4 Defoam Concentrate 7.56$ 5.42$ 10.35$
5 20" Black Stripping Pads 11.69$ 12.44$ 11.41$ 11.60$ 6 13" Black Stripping Pads 6.14$ 6.56$ 6.09$ 6.10$ 7 13" White Polishing Pads 6.14$ 6.56$ 6.09$ 6.10$ 8 20" White Polishing Pads 11.69$ 12.44$ 11.41$ 11.60$ 9 13" Red Buffing Pads 6.14$ 6.56$ 6.09$ 6.10$
10 20" Red Buffing Pads 11.69$ 12.44$ 11.41$ 11.60$ 11 20" Aqua Burnishing Pads 11.91$ 12.44$ 11.68$ 11.75$ 12 27" Aqua Burnishing Pads 11.15$ 26.53$ 10.97$ 26.50$ 13 27" White Burnishing Pads 10.93$ 26.53$ 10.21$ 25.95$ 14 6" x 10" Doodle Bug 6.24$ 3.33$ 4.64$ 16.40$ 15 6" x 10" Doodle Bug 5' Handle 1.64$ 3.25$ 2.36$ 6.15$ 16 6" x 10" Doodle Bug Pads 10.82$ 12.16$ 11.73$ 10.75$ 17 14 x20 Floor Pads All Colors (White/Red/Blue/Green/Black) 14.64$ 16.16$ 15.87$ 14.45$ 18 14x20 Conditioning/Striping Pads 22.94$ 47.59$ 23.49$ 22.85$ 19 14x20 Prep Pads 49.53$ 47.59$ 50.72$ 49.15$ 20 14 x28 Floor Pads All Colors (White/Red/Blue/Green/Black) 19.51$ 21.60$ 21.15$ 19.25$ 21 14x28 Conditioning/Striping Pads 32.42$ 66.80$ 33.20$ 32.00$ 22 14x28 Prep Pads 69.98$ 66.80$ 71.66$ 64.50$
23 Chalk Board Cleaner 2.38$ 2.61$ 36.50$ 24 Cleansing Powder 14.96$ 15.25$ 29.79$ 25 Disinfectant Deodorant (No Substitutes) 15.58$ 15.55$ 18.50$ 26 Dust Mop Treatment (Water Base) 20.44$ 28.24$ 46.15$ 27 Furniture Polish (Lemon Scented) 25.20$ 31.13$ 31.35$ 28 Glass Cleaner 15.40$ 17.08$ 25.75$ 29 Liquid Drain Opener 22.53$ 26.96$ 47.10$ 30 Liquid Hand Soap 7.22$ 41.34$ 7.19$ 37.25$ 31 Mark/Vandalism Remover 39.12$ 39.72$ 41.25$ 32 Stainless Steel Cleaner (Oil Base) 1.95$ 2.82$ 38.75$ 33 Tile & Grout Cleaner 16.41$ 17.72$ 21.50$ 34 Vomit Absorbent 44.69$ 40.19$ 43.00$ 35 Chewing Gum Remover 20.46$ 29.65$ 32.00$ 36 ASAP All Purpose Cleaner 1.27$ 23.32$ 21.00$ 37 Disinfectant (MRSA) 39.43$ 31.20$ 27.15$ 38 Bleach 3.90$ 1.75$ 2.37$
Cleaner/Disinfectants
Floor Care Materials
Buffing/Stripping Pads
06/21/18 1
Bid #3340Custodial Supplies / Equipment
Item # ProductAmerican
Paper & Twine
Applied Industrial
TechnologiesBuckeye Cleaning Cosgrove Kelsan
Performance Safety Group
39 Multi-Fold towels (Brown) 12.53$ 22.15$ 16.56$ 13.00$ 16.50$ 40 Single-Fold Towels (Brown) 13.50$ 25.81$ 17.18$ 13.87$ 14.75$ 41 Toilet Tissue (2-ply 500 sheet rolls) 24.07$ 42.63$ 31.41$ 25.77$ 30.00$ 42 Teri Reinforced Towels 38.69$ 7.89$ 38.50$ 53.75$
43 Warehouse Straw Brooms 4.10$ 6.29$ 76.75$ 44 Wet Mop Handles (Saddle Type) 4.95$ 4.88$ 63.00$ 45 Dust Mop Handles 5.97$ 71.44$ 5.83$ 51.75$ 46 24 oz. Wet Mop Heads (Cotton, Saddle) 2.80$ 2.17$ 33.00$ 47 12" Plastic Dust Pans 1.45$ 1.48$ 1.97$ 48 24 oz. Wax Mop Heads (Rayon, Saddle) 3.70$ 3.57$ 49.25$
49 24 x 3 1/2 Dust Mop Frame 2.56$ 2.52$ 2.70$ 2.40$ 50 36 x 3 1/2 Dust Mop Frame 3.05$ 3.05$ 3.29$ 2.39$ 51 60 x 3 1/2 Dust Mop Frame 5.78$ 5.56$ 5.58$ 5.05$ 52 24 x 3 1/2 Dust Mop Cover (cloth) 3.48$ 56.25$ 3.25$ 90.00$ 53 36 x 3 1/2 Dust Mop Cover (cloth) 4.01$ 67.76$ 4.00$ 115.00$ 54 60 x 3 1/2 Dust Mop Cover (cloth) 7.31$ 93.28$ 7.00$ 191.00$ 55 Long Handle Floor Scrapers 10.57$ 11.92$ 10.00$ 56 Replacement Scraper Blades 4.66$ 4.08$ 4.45$
57 Small Medical Exam Vinyl Gloves (Powder -Free) 2.76$ 9.37$ 27.34$ 2.43$ 25.00$ 26.998$ 58 Medium Medical Exam Vinyl Gloves (Powder Free) 2.76$ 9.37$ 27.34$ 2.43$ 25.00$ 29.998$ 59 Large Medical Exam Vinyl Gloves (Powder Free) 2.76$ 9.37$ 27.34$ 2.43$ 25.00$ 29.998$ 60 X-Large Medical Exam Vinyl Gloves (Powder Free) 2.76$ 9.37$ 27.34$ 2.43$ 25.00$ 29.998$
61 20-30 gal. Liners (0.7 mil) on Roll 10/25 - 250 cs 11.99$ 40.49$ 19.32$ 15.50$ 13.15$ 62 60 gal. Liners (0.9 mil) on Roll 10/10- 100 cs 12.71$ 63.67$ 20.81$ 12.97$ 14.25$
63 32 oz. Trigger Sprayers 0.34$ 0.37$ 0.50$ 64 Standard Toilet Bowl Mops 0.54$ 0.57$ 0.63$
65 Single-Fold Towel Cabinet 17.17$ 18.71$ 17.52$ 66 Toilet Tissue Holder 5.63$ 5.76$ 6.55$ 67 Square Plastic Soap Dispensers (50 oz. Grey) 16.49$ 15.89$ 24.45$ 68 Soap Eye Bubble 1.50$ 1.65$ 29.00$
69 Wasp & Hornet Spray 3.32$ 48.44$ 4.18$ 45.00$ 70 Head Lice Spray 37.20$ 53.08$ 71.00$ 71 Roach and Ant Killer 3.75$ 49.94$ 3.48$ 48.00$ 72 Pumice Hand Cleaner 14.61$ 15.14$ 60.04$ 14.42$ 14.00$ 73 Ice Melt 14.97$ 11.80$ 9.90$ 9.38$
Dust Mop Frames/Covers/Scrapers - No Substitutions and Dust Mop Covers must be washable not disposable.
Gloves
Can Liners
Trigger Sprayer/Bowl Mops
Bug Spray/Other Cleaners
Paper Materials
Brooms/Mops
06/21/18 2
Bid #3340Custodial Supplies / Equipment
Item # ProductAmerican
Paper & Twine
Applied Industrial
TechnologiesBuckeye Cleaning Cosgrove Kelsan
Performance Safety Group
74 Mop Bucket/Wringer Combo 39.79$ 39.89$ 46.94$ 35.75$ 75 Janitorial Carts 97.71$ 94.80$ 95.02$ 79.00$ 76 Bag replacement for janitorial cart 22.68$ 17.28$ 22.00$ 77 Commercial Vacuum Belts (Sanitare Vacuum SC679J) 0.64$ 0.55$ 0.45$ 78 Commercial Vacuum Belts 2.36$ 1.35$ 0.45$ 79 44 gal. Brute Container 24.98$ 26.99$ 22.58$ 23.00$ 80 Brute Container Dollies 27.48$ 20.81$ 20.00$ 25.75$ 81 Wet Floor Signs 4.97$ 5.49$ 4.52$ 4.65$ 82 30" Squeegee w/ 5' Wooden Handle 16.52$ 18.50$ 24.75$
83 Sanitary Napkin Receptacles 18.37$ 15.44$ 12.50$ 84 Sanitary Receptacle Wax Bags 13.56$ 12.94$ 12.45$
85 28 qt Classroom Waste Cans 3.44$ 4.05$ 3.42$ 3.45$
Mailed to 37 vendors31 vendors did not respond
Recommend: Motion to award to American Paper & Twine for overall lowest and best bid.
To be funded through the Maintenance Department.
Sanitary Products
Classroom Equipment
Cleaning Equipment
06/21/18 3
Agreements for Transporting Students to Tennessee School for the Blind (TSB)
Murfreesboro City Schools
This agreement is for the provision of transportation services for students from Murfreesboro City School system on Rutherford County buses that currently go to the Tennessee School for the Blind (TSB). This service has been provided in the past on a space available basis. The Murfreesboro City School system will reimburse Rutherford County $47.00 per student per day for transportation to TSB.
Bedford County Board of Education This agreement is for the provision of transportation services for students from Bedford County Board of Education on Rutherford County buses that currently go to the Tennessee School for the Blind (TSB). This service has been provided in the past on a space available basis. The Bedford County Board of Education will reimburse Rutherford County $47.00 per student per day for transportation to TSB.
Cannon County Board of Education This agreement is for the provision of transportation services for students from Cannon County Board of Education on Rutherford County buses that currently go to the Tennessee School for the Blind (TSB). This service has been provided in the past on a space available basis. The Cannon County Board of Education will reimburse Rutherford County $47.00 per student per day for transportation to TSB.
Approve the agreement with Murfreesboro City Schools, Bedford County Board of Education, and Cannon County Board of Education for providing transportation for students assigned to the Tennessee School for the Blind on a space available basis. Rutherford County will be reimbursed $47.00 per day per student for this service.
AGREEMENT BETWEEN
THE RUTHERFORD COUNTY BOARD OF EDUCATION
AND
THE MURFREESBORO CITY SCHOOLS
FOR
SPECIAL EDUCATION TRANSPORTATION SERVICES
This Agreement made this _1st__ day of August, 2018, by and between Rutherford
County Board of Education, hereinafter called “Rutherford,” and the Murfreesboro City
Schools, hereinafter called “City.”
WHEREAS, T.C.A. § § 49-10-107, 49-10-305 and 49-10-701 provide that school
districts may enter agreements with suitable public or private agencies having
appropriate programs, capacity and competence where necessary to provide appropriate
special education services to students.
WHEREAS, City in order to provide a proper comprehensive and well implemented
special education program, finds it desirable to acquire the transportation services of
another agency.
WHEREAS, Rutherford is an agency presently having appropriate programs, capacity
and competence to provide special education transportation services for children who
are the responsibility of City.
WHEREAS, the parties wish and intend by this Agreement to set forth the terms and
conditions of transporting City’s students to and from the Tennessee School for the
Blind.
IT IS THEREFORE AGREED AS FOLLOWS:
a) Rutherford agrees to provide transportation services for those City students
whose I.E. P.’s require their attendance at the Tennessee School for the Blind
(TSB) on those days when TSB is in session.
b) City will provide to Rutherford the names of students who will be transported to
TSB.
c) City agrees to reimburse Rutherford for providing these transportation services at
a rate of forty-seven dollars ($47.00) per student for each day transportation is
provided to and from TSB. All payments shall be made within thirty (30) days of
invoice from Rutherford.
d) Rutherford’s providing of transportation service to City students is contingent
upon: 1) Rutherford operating a bus(es) to TSB, and/or2) space being available
for City students. Should Board discontinue transporting students to TSB, then
this agreement shall automatically terminate. If at any time during the term of
this Agreement all available space is required for students enrolled in the
Rutherford County School System, this Agreement shall terminate automatically.
e) Rutherford shall designate the locations(s) and times(s) for picking up and
dropping off students.
f) City shall indemnify, defend and hold harmless Rutherford, its officers,
employees and agents from and against all claims and demands, including costs,
litigation expenses, counsel fees and liabilities incurred, arising out of any injury
to, or the death of any person, or damage to property of any kind, to the extent
caused by the intentional or negligent acts, errors or omissions of Rutherford, its
employees and/or agents, while engaged in the performance of this Agreement or
any activity associated therewith.
g) Either party has the right to terminate this Agreement at any time for any reason
upon thirty (30) days written notice.
h) The laws of the State of Tennessee shall apply. The venue for any litigation
arising from or pursuant to this Agreement shall be the Rutherford County
Circuit or Chancery Courts. In the event of a dispute hereunder resulting in
litigation, the prevailing party shall be reimbursed by the other party for all costs
and expenses, including reasonable attorney’s fees incurred.
i) Each party shall be separately responsible for compliance with all laws, including
anti-discrimination laws, which may be applicable to their respective activities
under this program. However; City shall be solely responsible for insuring
compliance with any and all special education laws and regulations applicable to
the students served under the terms of this Agreement.
j) This Agreement is intended solely for the mutual benefit of the parties hereto,
and there is no intention, express or otherwise, to create any rights or interests
for any party or person other than the Rutherford and City.
k) All Notices required under the terms of this Agreement shall be mailed or hand
delivered to:
Bedford: Murfreesboro City Schools Attention: Angela Fairchild 2552 South Church Street Murfreesboro, TN 37127 Rutherford: Rutherford County Board of Education Attention: Mark Gullion 2240 Southpark Blvd. Murfreesboro, TN 37128
The parties Shall identify Emergency Contact persons and exchange
emergency contact persons and exchange emergency phone numbers for
communications which may occur outside of normal school hours.
l) If any provision of this Agreement or the application thereof shall be invalid or
unenforceable to any extent, the remainder for this Agreement and the
application of such provisions shall not be affected thereby and shall be
enforceable to the greatest extent permitted by law.
m) This Agreement constitutes the entire agreement between the parties, all prior
discussions, agreements and understandings, whether verbal or in writing, are
hereby merged into this Agreement.
n) No amendment or modification to this Agreement shall be effective unless the
same is in writing signed by both parties.
o) This Agreement shall become effective as of August 1, 2018, and shall continue
thereafter until July 31, 2019 unless otherwise terminated by either party upon
thirty (30) days written notice of termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
MURFREESBORO CITY SCHOOLS RUTHERFORD COUNTY BOARD OF EDUCATION
By: _____________________ By: ______________________
Title: ____________________ Title: ____________________
Date: ___________________ Date: ____________________
APPROVED AS TO FORM
____________________________________
Kelley Blevins Baker, Assistant City Attorney
Murfreesboro City School Board
AGREEMENT BETWEEN
THE RUTHERFORD COUNTY BOARD OF EDUCATION
AND
THE BEDFORD COUNTY BOARD OF EDUCATION
FOR
SPECIAL EDUCATION TRANSPORTATION SERVICES
This Agreement made this _1st__ day of August, 2018, by and between Rutherford
County Board of Education, hereinafter called “Rutherford,” and the Bedford County
Board of Education, hereinafter called “Bedford.”
WHEREAS, T.C.A. § § 49-10-107, 49-10-305 and 49-10-701 provide that school
districts may enter agreements with suitable public or private agencies having
appropriate programs, capacity and competence where necessary to provide appropriate
special education services to students.
WHEREAS, Bedford in order to provide a proper comprehensive and well
implemented special education program, finds it desirable to acquire the transportation
services of another agency.
WHEREAS, Rutherford is an agency presently having appropriate programs, capacity
and competence to provide special education transportation services for children who
are the responsibility of Bedford.
WHEREAS, the parties wish and intend by this Agreement to set forth the terms and
conditions of transporting Bedford’s students to and from the Tennessee School for the
Blind.
IT IS THEREFORE AGREED AS FOLLOWS:
a) Rutherford agrees to provide transportation services for those Bedford students
whose I.E. P.’s require their attendance at the Tennessee School for the Blind
(TSB) on those days when TSB is in session.
b) Bedford will provide to Rutherford the names of students who will be transported
to TSB.
c) Bedford agrees to reimburse Rutherford for providing these transportation
services at a rate of forty-seven dollars ($47.00) per student for each day
transportation is provided to and from TSB. All payments shall be made within
thirty (30) days of invoice from Rutherford.
d) Rutherford’s providing of transportation service to Bedford students is
contingent upon: 1) Rutherford operating a bus(es) to TSB, and/or2) space being
available for Bedford students. Should Board discontinue transporting students
to TSB, then this agreement shall automatically terminate. If at any time during
the term of this Agreement all available space is required for students enrolled in
the Rutherford County School System, this Agreement shall terminate
automatically.
e) Rutherford shall designate the locations(s) and times(s) for picking up and
dropping off students.
f) Bedford shall indemnify, defend and hold harmless Rutherford, its officers,
employees and agents from and against all claims and demands, including costs,
litigation expenses, counsel fees and liabilities incurred, arising out of any injury
to, or the death of any person, or damage to property of any kind, to the extent
caused by the intentional or negligent acts, errors or omissions of Rutherford, its
employees and/or agents, while engaged in the performance of this Agreement or
any activity associated therewith.
g) Either party has the right to terminate this Agreement at any time for any reason
upon thirty (30) days written notice.
h) The laws of the State of Tennessee shall apply. The venue for any litigation
arising from or pursuant to this Agreement shall be the Rutherford County
Circuit or Chancery Courts. In the event of a dispute hereunder resulting in
litigation, the prevailing party shall be reimbursed by the other party for all costs
and expenses, including reasonable attorney’s fees incurred.
i) Each party shall be separately responsible for compliance with all laws, including
anti-discrimination laws, which may be applicable to their respective activities
under this program. However; Bedford shall be solely responsible for insuring
compliance with any and all special education laws and regulations applicable to
the students served under the terms of this Agreement.
j) This Agreement is intended solely for the mutual benefit of the parties hereto,
and there is no intention, express or otherwise, to create any rights or interests
for any party or person other than the Rutherford and Bedford.
k) All Notices required under the terms of this Agreement shall be mailed or hand
delivered to:
Bedford: Bedford County Schools Attention: Special Education Supervisor 500 Madison Street Shelbyville, TN 37160 Rutherford: Rutherford County Board of Education Attention: Mark Gullion 2240 Southpark Blvd. Murfreesboro, TN 37128
The parties Shall identify Emergency Contact persons and exchange
emergency contact persons and exchange emergency phone numbers for
communications which may occur outside of normal school hours.
l) If any provision of this Agreement or the application thereof shall be invalid or
unenforceable to any extent, the remainder for this Agreement and the
application of such provisions shall not be affected thereby and shall be
enforceable to the greatest extent permitted by law.
m) This Agreement constitutes the entire agreement between the parties, all prior
discussions, agreements and understandings, whether verbal or in writing, are
hereby merged into this Agreement.
n) No amendment or modification to this Agreement shall be effective unless the
same is in writing signed by both parties.
o) This Agreement shall become effective as of August 1, 2018, and shall continue
thereafter until July 31, 2019 unless otherwise terminated by either party upon
thirty (30) days written notice of termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
BEDFORD COUNTY BOARD RUTHERFORD COUNTY BOARD OF EDUCATION OF EDUCATION
By: _____________________ By: ______________________
Title: ____________________ Title: ____________________
Date: ___________________ Date: ____________________
AGREEMENT BETWEEN
THE RUTHERFORD COUNTY BOARD OF EDUCATION
AND
THE CANNON COUNTY BOARD OF EDUCATION
FOR
SPECIAL EDUCATION TRANSPORTATION SERVICES
This Agreement made this _1st__ day of August, 2018, by and between Rutherford
County Board of Education, hereinafter called “Rutherford,” and the Cannon County
Board of Education, hereinafter called “Cannon.”
WHEREAS, T.C.A. § § 49-10-107, 49-10-305 and 49-10-701 provide that school
districts may enter agreements with suitable public or private agencies having
appropriate programs, capacity and competence where necessary to provide appropriate
special education services to students.
WHEREAS, Cannon in order to provide a proper comprehensive and well
implemented special education program, finds it desirable to acquire the transportation
services of another agency.
WHEREAS, Rutherford is an agency presently having appropriate programs, capacity
and competence to provide special education transportation services for children who
are the responsibility of Cannon.
WHEREAS, the parties wish and intend by this Agreement to set forth the terms and
conditions of transporting Cannon’s students to and from the Tennessee School for the
Blind.
IT IS THEREFORE AGREED AS FOLLOWS:
a) Rutherford agrees to provide transportation services for those Cannon students
whose I.E. P.’s require their attendance at the Tennessee School for the Blind
(TSB) on those days when TSB is in session.
b) Cannon will provide to Rutherford the names of students who will be transported
to TSB.
c) Cannon agrees to reimburse Rutherford for providing these transportation
services at a rate of forty-seven dollars ($47.00) per student for each day
transportation is provided to and from TSB. All payments shall be made within
thirty (30) days of invoice from Rutherford.
d) Rutherford’s providing of transportation service to Cannon students is contingent
upon: 1) Rutherford operating a bus(es) to TSB, and/or2) space being available
for Cannon students. Should Board discontinue transporting students to TSB,
then this agreement shall automatically terminate. If at any time during the term
of this Agreement all available space is required for students enrolled in the
Rutherford County School System, this Agreement shall terminate automatically.
e) Rutherford shall designate the locations(s) and times(s) for picking up and
dropping off students.
f) Cannon shall indemnify, defend and hold harmless Rutherford, its officers,
employees and agents from and against all claims and demands, including costs,
litigation expenses, counsel fees and liabilities incurred, arising out of any injury
to, or the death of any person, or damage to property of any kind, to the extent
caused by the intentional or negligent acts, errors or omissions of Rutherford, its
employees and/or agents, while engaged in the performance of this Agreement or
any activity associated therewith.
g) Either party has the right to terminate this Agreement at any time for any reason
upon thirty (30) days written notice.
h) The laws of the State of Tennessee shall apply. The venue for any litigation
arising from or pursuant to this Agreement shall be the Rutherford County
Circuit or Chancery Courts. In the event of a dispute hereunder resulting in
litigation, the prevailing party shall be reimbursed by the other party for all costs
and expenses, including reasonable attorney’s fees incurred.
i) Each party shall be separately responsible for compliance with all laws, including
anti-discrimination laws, which may be applicable to their respective activities
under this program. However; Cannon shall be solely responsible for insuring
compliance with any and all special education laws and regulations applicable to
the students served under the terms of this Agreement.
j) This Agreement is intended solely for the mutual benefit of the parties hereto,
and there is no intention, express or otherwise, to create any rights or interests
for any party or person other than the Rutherford and Cannon.
k) All Notices required under the terms of this Agreement shall be mailed or hand
delivered to:
Bedford: Cannon County Schools Attention: Special Education Supervisor 301 W. Main Street Woodbury, TN 37160 Rutherford: Rutherford County Board of Education Attention: Mark Gullion 2240 Southpark Blvd. Murfreesboro, TN 37128
The parties Shall identify Emergency Contact persons and exchange
emergency contact persons and exchange emergency phone numbers for
communications which may occur outside of normal school hours.
l) If any provision of this Agreement or the application thereof shall be invalid or
unenforceable to any extent, the remainder for this Agreement and the
application of such provisions shall not be affected thereby and shall be
enforceable to the greatest extent permitted by law.
m) This Agreement constitutes the entire agreement between the parties, all prior
discussions, agreements and understandings, whether verbal or in writing, are
hereby merged into this Agreement.
n) No amendment or modification to this Agreement shall be effective unless the
same is in writing signed by both parties.
o) This Agreement shall become effective as of August 1, 2018, and shall continue
thereafter until July 31, 2019 unless otherwise terminated by either party upon
thirty (30) days written notice of termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
CANNON COUNTY BOARD RUTHERFORD COUNTY BOARD OF EDUCATION OF EDUCATION
By: _____________________ By: ______________________
Title: ____________________ Title: ____________________
Date: ___________________ Date: ____________________
Continuation of the Collaboration Agreement with Mid-Cumberland Head Start: This collaboration agreement between Mid-Cumberland Head Start/Early Head Start and Rutherford County Board of Education stipulates that Mid-Cumberland Head Start will provide transportation and educational services for eligible Rutherford County students requiring speech therapy. Rutherford County Board of Education will provide speech screenings annually each fall for children participating in the Head Start Program, will conduct Child Find evaluations, and will provide speech therapy for eligible students in the Head Start Program. This collaboration will continue through the 2018-2019 school year, unless terminated by either participant in writing. Approve the collaboration agreement with Mid-Cumberland Head Start.
Mid-Cumberland Head Start P. O. Box 1583 Murfreesboro, TN 37133-1583
COLLABORATION AGREEMENT The following collaboration agreement is between Mid-Cumberland Head Start/Early Head Start and Rutherford County Board of Education
Address of Partner: 2240 South Park Blvd. Murfreesboro TN 37128
Contact Person: Lynn Ferrell Title: School Social Worker
Telephone Number: 615-893-5815 extension: 22057
As a participant in this collaboration agreement, Mid-Cumberland Head Start/Early Head Start agrees to:
1) Provide transportation for eligible Rutherford County students with disabilities
to designated schools for speech therapy services.
2) Serve eligible Rutherford County students with disabilities in the Head Start
Program as appropriate.
As a participant in this collaboration, Rutherford County Board of Education agrees to:
1) Have Rutherford County speech therapists supervise the speech screenings
conducted annually each fall for the children participating in the Head Start
Program.
2) Conduct Child Find evaluations upon receipt of appropriate referrals.
3) Provide speech therapy for students who certify to receive speech services and
have a current IEP.
This collaboration will continue for the program year of 2018-2019, unless terminated
by either participant in writing.
________________________ _______________________ Mid-Cumberland HS/EHS Representative Date
________________________ _______________________ Marvin D. Odom, Director of Schools Date Rutherford County Schools
Contractual Agreement with Vinson, Comer, Hansill and Associates: This Agreement is for the provision of ten days of training for special education teachers and educational assistants. The focus of these sessions will be reading instruction and will include training sessions for new teachers and paraprofessionals, and continued training and coaching for previously-trained staff. The Special Education Department will pay Vinson, Comer, Hansill and Associates $1,400.00 each for 10 day-long training sessions. Systems must provide staff development that is research-based, ongoing, and systemic; this workshop meets each of these expectations. Approve the agreement with Vinson, Comer, Hansill and Associates for the provision of 10 days of in-service training for Special Education teachers and educational assistants in Rutherford County Schools to be paid from I.D.E.A. Part B Special Education funds.
Contractual Agreement with The Wesley Foundation of Murfreesboro, TN: The contract for the Lease and Rental Agreement between RCS and the Wesley Foundation is for the rental of a house located at 1607 Elrod Street, adjacent to the Wesley Foundation at MTSU. This house and the Wesley Foundation Student Center will be the central locations from which the Transition Academy program will be based. This agreement includes the use of space at the Wesley Foundation Student Center at no additional charge. The monthly rental cost of the house is $1,250.00 per month from August 1, 2018 through July 31, 2019.
Approve the Lease and Rental Agreement of the house located at 1607 Elrod Street from August 1, 2018 through July 31, 2019 at $1,250.00 per month. This rental, which includes use of the Wesley Foundation, will provide a continuing location at MTSU for the community-based Transition Academy for 18-22 year olds with cognitive and developmental disabilities. The total cost, not to exceed $15,000.00 for the 12 month period, will be paid from I.D.E.A. Part B Special Education funds.
Contractual Agreement with Sherry Bryant for Language! Training and support: The contract for training and consultant services to include up to 28 hours of in-service training for Language! Reading Program and 72 hours of classroom coaching during the 2018-2019 school year. Hourly rate of $60 per hour and $0.47 per mile mileage between locations not to exceed $10,000.00 for the entire contract. Approve the Contractual Agreement with Sherry Bryant not to exceed $10,000.00 during the 2018-2019 school year, will be paid from I.D.E.A. Part B Special Education funds.
Contractual Agreement with Special Kids, Inc.: The contract with Special Kids, Inc. is for Special Education related and nursing services. These services will provide speech/language, occupational therapy, physical therapy, and nursing services to Rutherford County School students in Special Kids facilities. Hourly rates for therapy are $70.00 per hour. Daily rates for nursing services are $125.00 per day. The total cost not to exceed $25,000.00 during the 2018-2019 school year and will be paid from I.D.E.A. Part B Special Education funds. Approve the Contractual Agreement with Special Kids, Inc. not to exceed $25,000.00 during the 2018-2019 school year, will be paid from I.D.E.A. Part B Special Education funds.
CONTRACT BETWEEN
RUTHERFORD COUNTY SCHOOLS
AND
SPECIAL KIDS, INC.
FOR
SPEECH AND LANGUAGE, OCCUPATIONAL THERAPY, AND PHYSICAL THERAPY SERVICES
FOR
2018-2019 SCHOOL YEAR
This contract is entered into on this 13th day of June, 2018, by and between RUTHERFORD COUNTY SCHOOLS (“RCS”), a municipal school system of the State of Tennessee and SPECIAL KIDS, INC., a not-for-profit corporation of the State of Tennessee (“Contractor”).
1. Duties and Responsibilities of Contractor. Contractor agrees to provide speech and language therapy services, occupational therapy service, nursing services, and/or physical therapy service to identified students who qualify for such service as RCS students. Such duties consist of, but are not limited to, the following:
a. Contractor shall provide direct and/or consultative services to identified and eligible students; correspond with parents; maintain required documentation; prepare progress therapy and student progress;
b. Contractor shall not exceed ten (10) hours per week in providing such services without prior approval of the RCS Assigned Representative;
c. If special materials are required for a child to meet the child’s IEP goals regarding speech and language services, Contractor shall submit a list of such materials needed to the RCS Assigned representative;
d. Contractor shall assist with intervention strategies to streamline student needs; and
e. Contractor shall provide therapy service while each respective student’s school is in session. If Contractor is unable to provide services on a given day, the RCS Assigned Representative shall be notified in advance.
2. Duties and Responsibilities of RCS. RCS shall determine the children who are in need of services and provide a listing of such children to the Contractor as soon as possible after the beginning of the school year, or immediately upon eligibility determination, whichever comes first.
3. Term. This Contract shall not be effective until approved by the Director of Schools (and Board of Education, if necessary) and signed by all required parties. The Contract will expire June 30, 2019.
4. Payment to Contractor. RCS shall pay the contractor the rate of $70.00 per hour for therapy services, including speech-language therapy, physical therapy, or
occupational therapy for services rendered pursuant to this contract. RCS shall pay $125.00 per day for nursing services. Contractor will bill fractional portions of the day for nursing services, including ¼ (one-fourth) day or (tow hour) increments. Such payment shall be made within thirty (30) calendar days of receipt of invoice for services delivered.
5. Termination-Breach. In the event that any of the provisions of the Contract are violated by the Contractor, RCS may serve written notice upon the Contractor of its intention to terminate the Contract, and unless within seventy-two (72) hours after the serving of such notice upon the Contractor such violation or delay shall cease the satisfactory arrangement for correction be made. RCS may immediately terminate the Contract at any time after said seventy-two (72) hours. Such termination shall not relieve Contractor of any liability to RCS for damages sustained by virtue of any breach by Contractor.
6. Termination-Funding. Should funding for the services be discontinued, RCS shall have the right to terminate the Contract immediately upon written notice to the Contractor.
7. Termination-Notice. Either party may terminate this Contract at any time upon thirty (30) days written notice to the other. In the event of termination by RCS, the Contractor shall be entitled to receive just and equitable compensation for any satisfactory authorized work completed as of the termination date.
8. Compliance with the Laws. Contractor agrees to comply with any applicable federal, state, and local laws and regulations.
9. Notices. a. Notices to RCS, including but not limited to, notice of assignment of any
rights to money due to Contractor under this Contract must be mailed or hand delivered to the attention of RCS Assigned Representative, at the location of: Rutherford County Schools, 2240 Southpark Drive, Murfreesboro, TN 37128
b. Notices to Contractor shall be mailed or hand delivered to: Special Kids, Inc. 2208 East Main Street, Murfreesboro, TN 37130.
10. Maintenance of Records. Contractor shall maintain documentation of all charges associated with services provided pursuant to this Contract. The books, records and documents of Contractor, insofar as they relate to work performed or money received under the Contract, shall be maintained for a period of three (3) full years from the date of final payment and will be subject to audit at any reasonable time and upon reasonable notice by RCS or its duly appointed representatives. The records shall be maintained in accordance with generally accepted accounting principles.
11. Modification of Contract. This Contract may be modified only by written amendment executed by all parties and their signatories hereto. Depending upon the nature and amount of the amendments, the approval of the Board of Education may be required. Minor Modifications to the Contract may be approved by the Director of Schools.
12. Partnership/joint Venture. Nothing herein shall in any way be construed or intended to create a partnership or joint venture between the parties or to create the relationship of Principal and agent between or among any of the parties. None of the parties hereto shall hold itself out in a manner contrary to the terms of this paragraph. No party shall become liable for any representation, act or omission of any other party contrary to the terms of this paragraph.
13. Waiver. No waiver of any provision of this Contract shall affect the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default.
14. Employment. Contractor shall not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age, sex, veteran status, or any other status or class protected under federal or state law or which is in violation of applicable laws concerning the employment of individuals with disabilities.
15. Non-Discrimination. It is the policy of RCS not to discriminate on the basis of age, race, sex, color, national origin, veteran status, disability, or other status or class protected under federal or state law in its hiring and employment practices, or in admission to access to, or operation of its programs, services, and activities. With regard to all aspects of this Contract, Contractor certifies and warrants it will comply with this policy.
16. Indemnification and Hold Harmless. Contractor shall indemnify and hold harmless RCS, its officers, agents and employees from:
a. Any claims, damages, costs and attorney fees for injuries or damages arising, in part or employees, and/or agents, including its sub or independent Contractors, in connection with the performance of the Contractor, and,
b. Any claims, damages, penalties, costs and attorney’s fees arising from any failure of Contractor, its officers, employees, and/or agents, including its sub or independent Contractors, to observe applicable laws, including but not limited to, labor laws and minimum wage laws.
Contractor shall pay RCS any expenses incurred as a result of Contractor’s failure to fulfill any obligation in a professional and timely manner under this Contract.
17. Insurance. The Contractor must maintain commercial general liability insurance for bodily injury and property damage (minimum $1000,00). All such policies shall list RCS as an additional insured. A certificate of insurance to this effect and the additional insured endorsement must be presented to RCS. Contractor must notify RCS if the insurance policy is renewed, cancelled, or altered in any manner and provide written documentation of such alteration.
18. Assignment-Consent Required. The provisions of this Contract shall inure to the benefit of and shall be binding upon the respective successors and assignees of the parties hereto. Except for the rights of the money due to Contractor under this Contract, neither this Contract nor any of the rights and obligations of the
Contractor hereunder shall be assigned or transferred in whole or in part without the prior written consent of RCS. Any such assignment or transfer shall not release Contractor from its obligations hereunder. NOTICE OF ASSIGNMENT OF ANY RIGHTS TO MONEY DUE TO CONTRACTOR UNDER THIS CONTRACT MUST BE SENT TO THE ATTENTION OF THE RCS ASSIGNED REPRENSENTATIVE, LOCATED AT: Rutherford County Schools, 2240 Southpark Drive, Murfreesboro, TN 37128.
19. Entire Contract. This contract sets forth the entire agreement between the parties with respect to the subject matter hereof and shall govern the respective duties and obligations of the parties and supersedes any and all prior or contemporaneous, written, or oral negotiations, correspondences, understandings and arrangements, between the parties respecting the subject matter of this Contract. No supplemental, modification, or amendment to this Contract shall be binding unless evidenced by a writing signed by the party against whom it is sought to be enforced. No waiver of any of the provisions of this Contract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
20. Force Majeure. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of war, order of legal authority, act of nature, or other unavoidable causes not attributed to fault or negligence of Contractor.
21. Governing Law. The validity, construction, and effect of this Contract and any and all extensions and/or modifications thereof shall be governed by the laws of the state of Tennessee. Tennessee law shall govern regardless of any language in any attachment of other document that the Contractor may provide.
22. Venue. Any action between the parties arising from this arrangement shall be maintained in the courts of Rutherford County, Tennessee.
23. Confidentially of Records. All educational records created, disclosed, or maintained pursuant to the terms of this Contract are confidential and shall be created, disclosed, and maintained pursuant to the provisions of the Family Educational Right Act, also known as FERPA (20 U. S. C. §1232g), its regulations and Board Policy.
24. Background Checks. Contractor shall comply with Tennessee Public Chapter 587 of 2007, as codified in Tennessee Code Annotated Section49-5-413, which requires all Contractors to facilitate a criminal history records check conducted by the Tennessee Bureau of investigation and the Federal Bureau of Investigation for each employee prior to permitting the employee to have contact with students or enter school grounds when students are present.
25. Severability. Should any provision of this Contract be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of this Contract.
26. Notices. Any notice to Contractor from RCS relative to any part of the Contract shall be considered delivered and the service thereof completed when said notice is posted by registered mail, to the said Contractor at its last given address or delivered in person to said Contractor or its authorized representative on the work.
a. Notice to RCS shall be sent to: Department: Rutherford County Schools Attention: Mark Gullion Address: 2240 Southpark Drive Murfreesboro, TN 37128 Notices to Contractor shall be sent to: Department: Special Kids Attention: Chris Truelove Address: 2208 East Main Street Murfreesboro, TN 37130
27. Effective Date. This contract shall not be binding upon the parties until it has been signed first by the Contractor and then approved by the director of schools. When it has been so signed, this Contract shall be effective as of the date first written above.
RUTHERFORD COUNTY SCHOOLS SPECIAL KIDS, INC. _________________________ _________________________ Don Odom, Director of schools Chris Truelove, Executive Director RUTHERFORD COUNTY SCHOOLS _________________________ Jeff Jordan, Chairman of the Board APPROVED AS TO FORM: _________________________ Staff Attorney
Contractual Agreement with NHC Rehabilitation: The contract with NHC Rehabilitation is for Special Education related services. These services will provide occupational therapy and physical therapy to Rutherford County School students in the home and school settings. Hourly rates for physical therapists are $65.13, occupational therapists are $67.33, and physical/occupational therapy assistants are $57.40 The total cost not to exceed $250,000.00 during the 2018-2019 school year and will be paid from I.D.E.A. Part B Special Education funds. Approve the Contractual Agreement with NHC Rehabilitation not to exceed $250,000.00 during the 2018-2019 school year, will be paid from I.D.E.A. Part B Special Education funds.
Contractual Agreement with Feltz Therapy Services, LLC.: The contract with Feltz Therapy Services LLC is for Special Education related services. These services will provide speech and language therapy to Rutherford County School students in the home and school settings. Hourly rates for speech/language therapists are $53.00 and $43.00 for speech/language therapy assistants. The total cost not to exceed $75,000.00 during the 2018-2019 school year and will be paid from I.D.E.A. Part B Special Education funds. Approve the Contractual Agreement with Feltz Therapy Services LLC not to exceed $75,000.00 during the 2018-2019 school year, will be paid from I.D.E.A. Part B Special Education funds.
Contractual Agreement with Sellers Behavioral Consulting, LLC: The contract for behavioral consulting services to include independent review of functional behavior assessments and behavior intervention plans, FBA/BIP development, student observation, IEP/support team meeting attendance, intervention modeling, staff training, creation of materials to support interventions, behavioral data collection and analysis, and phone conferencing. Fees for these services are paid at a rate of $125 per hour. The total cost not to exceed $25,000.00 during the 2018-2019 school year and will be paid from I.D.E.A. Part B Special Education funds. Approve the Contractual Agreement with Sellers Behavioral Consulting, LLC at a rate of $125 per hour not to exceed $25,000.00. This contract will be effective for the 2018-2019 school year and will be paid from I.D.E.A. Part B Special Education funds.
Sellers Behavioral Consulting, LLC Jessica Weisenbach Sellers, M.Ed., BCBA 1826 Shackleford Rd. Nashville, TN 37215
[email protected] (615) 417-1194
SELLERS BEHAVIORAL CONSULTING, LLC CONFIDENTIAL PAGE 1 OF 4 JUNE 13, 2018
Agreement for Professional Practices and Procedures for Behavior Analysis in Schools
This consultant employment agreement (“Agreement”) is made this _____ day of __________, 2017 (“Effective date”), by and between Sellers Behavioral Consulting, LLC, a Tennessee Limited Liability Company (“Consultant”) and ________________________________.
1. AREAS OF EXPERTISE. I have over 10 years of experience providing educational and applied behavior analytical services to children in a variety of contexts. I hold a board certification in behavior analysis (BCBA # 1-08-4569), and I am a certified special educator and administrator. In my last professional role, I served as the lead behavior analyst for Metropolitan Nashville Public Schools, providing consultative services to teachers and schools. My areas of expertise are functional behavioral assessment (FBA), positive behavior interventions and supports (PBIS), special education practices, and bringing Applied Behavior Analysis (ABA) into general education classrooms. Please see curriculum vitae for more information.
2. PROFESSIONAL RELATIONSHIP, LIMITATIONS AND RISKS. My role as a behavior analyst is to assist you with meeting the training, coaching, and consultative needs related to increasing positive behaviors in your district/building. Your input is vital to collaboratively develop an action plan on how your staff and students will best be supported. Services provided may be, but are not limited to, staff training, development of functional behavior assessments (FBAs) and behavior intervention plans (BIPs), consultation during student IEP or support team meetings, classroom observations, individualized teacher support, or specific assistance with a behavior-related issue in the building. Please know that it is impossible to guarantee any specific results regarding your goals. However, we will collaborate to achieve the best possible results. If I believe that my consultation has become unproductive, I will discuss terminating it and/or providing referral information as needed. You will be consulted at each step in the process. If at any point you want to terminate our relationship, I will cooperate fully.
3. CLIENT RELATIONSHIP. Full disclosure of a client’s concern(s) is very important. I will ask a lot of questions in order to fully understand how we may best support your staff and students. We will work collaboratively to determine the next steps on what form my support may take (e.g., staff training, individual teacher support, individual student support, etc.).
SELLERS BEHAVIORAL CONSULTING, LLC CONFIDENTIAL PAGE 2 OF 4 JUNE 13, 2018
4. CODE OF CONDUCT. Services will be rendered in a professional and ethical manner consistent with accepted ethical standards. I am required to adhere to the Guidelines for Responsible Conduct of the Behavior Analyst Certification Board. If at any time you are dissatisfied with our professional relationship, please let me know. If I am not able to resolve your concerns, you may report your concerns to the following: Behavior Analyst Certification Board, Inc., (850) 765-0902 www.bacb.com
5. CONFIDENTIALITY. As a consultant I will hold all information relating to specific students in the strictest confidence. Clients are required to sign appropriate forms to permit the release of confidential information about Child to Consultant. Consultant understands that this information as well as other information obtained by Consultant about Child during the term of this Agreement is confidential. Consultant agrees that it will not at any time during or after the term of this Agreement divulge, furnish, make accessible or permit the disclosure of any confidential information about specific students without Client’s prior written consent. Consultant may, however, disclose such confidential information as required by law. The obligation of confidentiality does not apply to any information that is or becomes known to the public through no wrongdoing of Consultant.
6. APPOINTMENTS, FEES AND EMERGENCIES. Fees for services are $125 per hour. Services may include:
• FBA/BIP development and related assessments • independent review of functional behavior assessments (FBAs) and
behavior intervention plans (BIPs) • IEP/support team meeting attendance • intervention modeling • staff training • creation of materials to support interventions • behavioral data collection and analysis
Specific services can be proposed and planned for collaboratively, based on the individual case or project. Invoices will be submitted at the end of the month. Payment is due within 3 weeks of the date of invoice. A fifty dollar ($50.00) late fee will be charged for any invoice that is not paid within 3 weeks from the date the invoice is issued. In the event that collection action is required to recover any amount due to Consultant, Client shall be responsible for all costs incurred in connection with such action, including attorneys’ fees. The venue for any cause of action arising out of this agreement shall be in Tennessee.
SELLERS BEHAVIORAL CONSULTING, LLC CONFIDENTIAL PAGE 3 OF 4 JUNE 13, 2018
Some cancelations are unavoidable and customary. We ask that you notify the office at (615) 417-1194 or by email at [email protected] 24 hours before your scheduled time. However, if by 8:00am the day of the appointment there is no cancellation message, the client is responsible for the regularly scheduled professional fee. I am not an emergency service. In the event of a behavioral or psychological emergency you are advised to go to your nearest emergency room or to call 911. 7. INSURANCE REQUIREMENTS. Client shall procure and maintain in full force and effect general liability insurance for the acts and omissions of Consultant for bodily injury, property damage, sexual misconduct and any claims or damages arising from any act or omission of Consultant during the term of this Agreement. Consultant acknowledges and agrees that such insurance shall be with a carrier determined by Client, in Client’s sole discretion. 8. LIMITATION ON LIABILITY. Due to the nature of this agreement and the issues being addressed by Consultant, Consultant makes no representations or warranties that the behavioral issues Consultant is engaged to address will result in full remediation. Consultant’s aggregate liability to pay for claims, losses, liabilities or damages in connection with this Agreement, whether as a result of breach of contract, tort (including negligence) or otherwise, regardless of the theory of liability asserted, is limited to no more than the total amount of fees paid to Consultant under this Agreement. In addition, Consultant shall not be liable in any event for lost profits, consequential, indirect, punitive, exemplary, or special damages. Also, Consultant shall have no liability arising from or relating to third-party hardware, software, information or materials selected or supplied by Client. 9. INDEMNIFICATION. Client shall hold harmless and indemnify Consultant, its successors, assigns, employees and contractors, agents, and its officers, from and against any and all claims, actions, causes of action, verdicts, demands, orders, judgments, governmental investigations, settlements, liabilities, losses, costs, attorney’s fees, obligations, damages, offsets, deductions, refunds, recoupments or penalties resulting from or attributable to any act or omission of Client. This covenant to indemnify and to hold Consultant harmless shall survive the termination or expiration of this Agreement. Specify that this Agreement and the rights and obligations of the Parties hereto shall be governed by the laws of the state of Tennessee without regard to conflict of laws principles and that the state and federal courts in Nashville, TN (right now it just says TN) are the exclusive jurisdiction over any dispute between the parties.
SELLERS BEHAVIORAL CONSULTING, LLC CONFIDENTIAL PAGE 4 OF 4 JUNE 13, 2018
PLEASE SIGN BELOW INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT. THIS AGREEMENT REPRESENTS THE ENTIRE INTEGRATED AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PRIOR NEGOTIATIONS, COMMUNICATIONS OR REPRESENTATIONS.
_______________________________________________ ____________________ Client Date: _______________________________________________ ____________________ Client Date: _______________________________________________ ____________________ Behavior Analyst Date:
Transportation
Pursuant to Section 16.1 of the Rutherford County Board of Education Bus Contract the transportation
dept. has received a letter dated 5/30/18 from Emily Fleming, contractor of bus #171, requesting
voluntary termination of her contract with the Board. The transportation dept. is prepared to offer this
contract to the next available person on the appropriate priority list.
Recommend Approval – motion to approve voluntary termination of the Bus Contract with Emily
Fleming bus #171 effective as soon as possible.
Transportation
Per section 8 of the Bus Contract which covers assign ability of a contract from the contract holder to
another individual, the transportation department has received a request from Henry Swader contractor
of bus #88 and Katie Swader contractor of bus #47. Ms Swader no longer drives for Rutherford County
Schools and is therefore requesting to assign bus #47 to Henry Swader. Henry Swader’s father was
William Swader who originally had bus #47 and drove for 30 plus years and was also married to Katie
Swader. Henry helped with the upkeep of the bus and made sure the route was covered if there was any
mechanical failure. Attached is a letter requesting the bus contract of bus #47 be transferred to Henry
Swader.
Recommend – motion to approve the contract for bus #47 be transferred from Katie Swader to Henry
Swader effective immediately.
2018-2019 APPROVED FEES
ELEMENTARY SCHOOL STUDENT FEES
Cost for field trips as approved by the principal Recorders Supplemental reading materials Instrument rental and maintenance Flash drives Choral performance attire Supplemental paper and supplies Student activities during the school day
MIDDLE SCHOOL STUDENT FEES
Costs for field trips approved by the principal PE uniforms Flash drives Locker rental Band and choral performance attire and music selections Instrument rental and maintenance Supplemental reading materials and other supplies required for courses Band and choral transportation Supplemental materials and supplies for science classes Calculator rental and/or purchase Student activities during the school day
HIGH SCHOOL STUDENT FEES
Costs for field trips as approved by the principal Locker rental Parking Fees Calculator rental and/or purchase Supplemental materials and other supplies required for courses Supplemental reading and related arts materials for IB, AP and Honors courses IB, Cambridge, and AP registration and exams Foreign language national exams PE uniforms Graduation Band and choral attire and music selections Band and choral transportation Instrument rental and maintenance Weightlifting equipment maintenance Attire and insurance for health and occupational safety courses Supplemental materials and supplies for drama and theater courses ROTC shirts and crests Transcript fees Flash drives Culinary arts uniforms and supplies Student activities during the school day
RUTHERFORD COUNTY BOARD OF EDUCATION
JOB DESCRIPTION
Job Title: Athletic Trainer Coordinator Term of Employment: 220 Days Immediate Supervisor: Athletic Director
POSITION DESCRIPTION: Provide administrative leadership and clinical supervision related to the delivery of Athletic Training services within RCS
ESSENTIAL DUTIES:
Oversee the Athletic Training Program within RCS Supervise full time, independent contracted, and graduate assistant Athletic Trainers Oversee maintenance of accurate records of injuries and treatment of sports injuries Supervise on-line registration of athletes i.e dragonflymax.com and Impact baseline
testing for athletes, and First Aid/CPR training for coaches. Assign staff to maximize Athletic Training coverage of games and practices Monitor staff adherence to established policies and procedures Maintain professional working relationships with local health care providers Report pertinent Athletic Training issues and needs to the RCS Athletic
Director Other duties as assigned by the RCS Athletic Director
QUALIFICATIONS: BOC Certified Current Tennessee Board of Athletic Trainers License Current CPR/First Aid/AED Certification
EVALUATION: Annual evaluation by supervisor.
RUTHERFORD COUNTY BOARD OF EDUCATION JOB DESCRIPTION
Job Title: Certified Athletic Trainer Term of Employment: 220 Days Immediate Supervisor: Coordinator of Athletic Training
POSITION DESCRIPTION: Provide "Athletic Training Services" to student athletes under the direction of the team physician or by written referral from a physician, and in accordance with state athletic training practice act.
ESSENTIAL DUTIES:
Provide Athletic Training Services to RCS athletes as scheduled Act as liaison between health care providers, the school district, athletes and their parents. Maintain accurate records of injuries and treatments of sports injuries, i.e dragonflymax.com
Oversee Impact baseline testing for athletes Conduct First Aid/CPR training sessions for coaches Develop and maintain a budget for the athletic training program. Provide the coaches and athletic director with a list of athletes medically eligible to
compete under district and state rules and regulations. Assist the RCS Coordinator of Athletic Training as requested. Other duties as assigned by the RCS Coordinator of Athletic Training
QUALIFICATIONS: BOC Certified Athletic Trainer Possess or be eligible for Tennessee Board of Athletic Training Licensure CPR/First Aid/AED Certification
EVALUATION: Annual evaluation conducted by supervisor
ENERGY EFFICIENT SCHOOLS INITIATIVE LOAN AGREEMENT
This Loan Agreement is made and entered into as of the ___ day of ______________, 2018, by and between the Energy Efficient Schools Council (the “Lender”) and Rutherford County, Tennessee (the “Borrower”) for the benefit of Rutherford County Schools, to provide for the financing of all or a portion of a qualifying capital outlay project (the “Project”).
ARTICLE 1 Definitions
Section 1.01. Defined Terms. The following words, terms and phrases shall have the
following respective meanings:
“Act” means the Energy Efficient Schools Initiative (EESI) of 2008, Tennessee Code Annotated §§ 49-17-101 et seq., as amended from time to time.
“Authorized Borrower Representative” means any Person from time to time authorized to act on behalf of a Borrower pursuant to the Charter, or ordinance or resolution of the governing body of such Borrower, a copy of which is filed with the Lender, to perform such act or execute such document on behalf of the Borrower pursuant to a certificate signed by the Person executing this Loan Agreement or his successor in office and giving the name and specimen signature of the Person or Persons so designated
“Borrower” means Rutherford County, Tennessee.
“Borrower Request”, “Borrower Order” and “Borrower Consent” means, respectively, a written request, order or consent signed by an Authorized Borrower Representative and delivered to the Authority.
“Business Day” means any day other than (a) a Saturday or Sunday, (b) a day on which banking institutions located in the State are required or authorized by law or executive order to close, or (c) a day on which the New York Stock Exchange is closed.
“Cost” or “Cost of the Project” means the following:
(a) The cost of improving, equipping, and repairing the Project, or any combination of such purposes, and demolishing structures on the Project sites;
(b) The cost of labor, materials, machinery and equipment as payable to contractors, builders and materialmen in connection with the Project;
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(c) Governmental charges levied or assessed during equipping of the Projects or upon any property acquired therefor, and premiums on insurance in connection with the Projects during construction;
(d) Fees and expenses of architects and engineers for estimates, surveys and other preliminary investigations, environmental tests, soil borings, appraisals, preparation of plans, drawings and specifications and supervision of the Project properly chargeable to the Project, as well as for the performance of all other duties of architects and engineers in relation to the construction and installation of the Project;
(e) Expenses of administration, supervision and inspection properly chargeable to the acquisition and construction of Project, including the fees of the Borrower relating to the design, construction and equipping of the Project and all other items of expense, not elsewhere specified herein, incident to the construction, installation and placing in operation of the Project; and
(f) Any other cost of the Project permitted to be financed by the Lender pursuant to the Act.
“Date of Disbursement” means the date funds are disbursed by the Lender to the Borrower, by check or wire, whether or not the Borrower receives them on that date.
“Event of Default” means any event defined in Section 6.01 hereof.
“Fund” means the energy efficient schools council fund established as a separate account in the State treasury.
“Lender” means the twelve (12) member energy efficient schools council established by the Act.
“Loan” means the loan made by the Lender to the Borrower pursuant to this Loan Agreement as described in Section 3.01 hereof.
“Loan Administrator” means initially the Office of State and Local Finance, which will perform certain functions in administering this Loan as requested from time to time by the Lender, or any successor Loan Administrator.
“Loan Agreement” means this Loan Agreement as it now exists and as it may thereafter be amended.
“Loan Repayments” means the payments on account of principal of and interest on the Loan and any and all other amounts payable by the Borrower hereunder.
“Loan Repayment Dates” means: (i) with respect to Loan Repayments attributable to any payment of principal and interest monthly on the first day of the month, and continuing on the first day of each month thereafter until the Loan is paid in full, or if such day is not a Business Day, then on the next preceding Business Day and as more fully described on Exhibit D attached hereto; and (ii) with respect to all other Loan Repayments, at any time on demand by the Authority.
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“Person” means any individual, corporation, partnership, limited partnership, joint venture, association, joint-stock company, trust, unincorporated association, limited liability corporation or partnership, or government or any agency or subdivision thereof, or other legal entity or group of entities.
“Project” or “Projects” means the construction, rehabilitation or repair of public school facilities, and equipment for public school facilities as described in Exhibit C hereto. Exhibit C shall be amended automatically, and without further action required by the Borrower, to conform Exhibit C to any additional project that is approved by the Lender. Where more than one Project is being financed, Project applies to each Project individually or collectively, as the context requires.
“State” means the State of Tennessee.
Section 1.02. Interpretation. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. The word “person” shall include the plural as well as the singular number unless the context shall otherwise indicate; the word “person” also shall include corporations, associations, natural persons and public bodies unless the context shall otherwise indicate.
ARTICLE 2 Project
Section 2.01. Description. Description. [Provide a brief project description]. Attach proposal submitted to Lender for approval.
Section 2.02. Funding. The Project is to be funded as follows: Loan from the Fund $ 1,282,842
Local Funds $ 0.00
Other Funds [list] $ 0.00
TOTAL $ 1,282,842
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ARTICLE 3 The Loan
Section 3.01. Loan. The Lender hereby agrees to lend and advance to the Borrower and the Borrower hereby agrees to borrow and accept from the Lender, the Loan in the principal amount of $ 1,282,842 for a term of Three (3) Years at 1%. The Lender shall disburse the proceeds of the Loan to the Borrower from amounts on deposit in the Fund. The Loan shall bear interest at the rate established by the Lender at its meeting at which this Loan was approved; such interest rate is stated on the repayment schedule attached hereto as Exhibit D. Amounts disbursed during construction shall bear interest at such rate, and such interest shall accrue and be added to principal for the periods from the Dates of Disbursement through the first Loan Repayment Date.
Section 3.02. Use of Proceeds by the Borrower. The Borrower will use the funds lent to it by the Authority pursuant to Section 3.01 hereof solely to pay the Costs of the Project.
Section 3.03. Disbursements of Loan Proceeds. The Lender shall disburse funds from the Fund only upon receipt of a requisition, appropriately completed and signed by an Authorized Borrower Representative in the form attached hereto as Exhibit A. Each request by the Borrower for disbursement shall constitute a certification by the Borrower that all representations made by the Borrower in this Loan Agreement remain true as of the date of the request and that no material adverse developments affecting the financial condition of the Borrower or its ability to complete the Project or repay the Loan have occurred since the date of this Loan Agreement unless specifically disclosed in writing by the Borrower with the request of disbursement. Proper invoices and other documentation reasonably required by and acceptable to the Lender must be submitted with each request for disbursement. The Lender may conduct audits or request documentation to determine the cost incurred by the Borrower for the Project. No more than ninety (90%) percent of the Loan shall be disbursed to the Borrower prior to the time the Project has been completed and approved by the Lender. After approval by the Lender, the remaining ten (10%) percent of the Loan will be disbursed to the Borrower.
Section 3.04. Completion of the Projects. When requesting final payment from the Fund, the Borrower shall cause to be submitted the requisition required by Section 3.03 hereof and a certificate signed by an Authorized Borrower Representative in the form attached hereto as Exhibit B. Said certificate shall state that no further funds will be withdrawn from the Fund to pay the Cost of the Project. The Lender does not make any warranty, either express or implied, that the moneys which, under provisions of this Loan Agreement, will be available for payment of the Costs of the Project, will be sufficient to pay all of the Costs of the Project.
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ARTICLE 4 Payment Obligations of Borrower
Section 4.01. Loan Repayments. The Borrower agrees to pay to the Lender all Loan Repayments on each Loan Repayment Date, in the amounts and in the manner hereinafter provided. The repayment schedule requires payments of principal and interest to begin on the first Loan Repayment Date following the passage of sixty (60) days after the Project is completed. The repayment schedule initially attached hereto as Exhibit D is based on certain assumptions regarding disbursed principal amounts, the completion date and zero accrued interest. After the completion of the Project and prior to the first Loan Repayment Date thereafter, the Lender will furnish the Borrower a revised repayment schedule reflecting the actual principal amount disbursed together with the accrued interest thereon and the actual Loan Repayment Dates. This revised repayment schedule is to be substituted for the one initially attached hereto as Exhibit D and shall be conclusive absent manifest error. The revised repayment schedule shall not constitute an amendment of this Loan Agreement requiring approval by the parties hereto.
Section 4.02. Time and Manner of Payment. Except as provided in Section 4.05 hereof, the Borrower agrees to make each Loan Repayment directly to the Loan Administrator on or before each Loan Repayment Date in lawful money of the United States of America by electronic funds transfer of immediately available funds in accordance with instructions supplied from time to time by the Lender or the Loan Administrator.
Section 4.03. Payments; Obligation of Borrower Unconditional. The obligation of the Borrower to make payments hereunder and to perform and observe all other covenants, conditions and agreements hereunder shall be absolute and unconditional until payment of all Borrower obligations hereunder, irrespective of any defense or any rights of setoff, recoupment or counterclaim which the Borrower might otherwise have against the Lender. Until payment of all Borrower obligations hereunder, the Borrower shall not suspend or discontinue any such payment hereunder or fail to observe and perform any of their other covenants, conditions and agreements hereunder for any cause, including without limitation failure of consideration, failure of title to any part of all of the Projects, or commercial frustration of purpose, or any damages to or destruction or condemnation of all or any part of the Projects, or any change in the tax or other laws of the United States of America, the State of Tennessee or any political subdivision of either, or any failure of the Lender to observe and perform any covenant, condition or agreement, whether express or implied, or any duty, liability or obligation arising out of or in connection with any document in connection with the financing of the Project. Nothing contained in this Section, however, shall be construed to release the Lender from the performance of any of its obligations hereunder or under any documents related hereto.
Section 4.04. Reduction of Principal. The Loan will be reduced, and a new repayment schedule shall be provided to the Borrower as provided in Section 4.01, if less than the full amount of the Loan is disbursed to the Borrower.
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Section 4.05. Prepayment. The Borrower may prepay all or any portion of the Loan and any accrued interest thereon at any time without penalty.
ARTICLE 5
Representations and Covenants of Borrower
The Borrower makes the following representations and covenants, in addition to those elsewhere set forth herein, as the basis for the undertakings on the part of the Lender contained herein:
(a) The Borrower is a municipal corporation or political subdivision, as appropriate, duly created and existing under the laws of the State of Tennessee, and has full legal right, power and authority (i) to conduct its business and own its properties, (ii) to enter into this Loan Agreement, and (iii) to carry out and consummate all other transactions contemplated by this Loan Agreement.
(b) With respect to the authorization, execution and delivery of this Loan Agreement, the Borrower has complied and will comply with all applicable laws of the State of Tennessee.
(c) The Borrower has duly approved the execution and delivery of this Loan Agreement and has authorized the taking of any and all action as may be required on the part of the Borrower to carry out, give effect to and consummate the transactions contemplated by this Loan Agreement.
(d) This Loan Agreement has been duly authorized, executed and delivered by the Borrower and, assuming due authorization, execution and delivery by the Lender, will constitute a legal, valid and binding obligation of the Borrower enforceable in accordance with its terms, subject to bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting the enforcement of creditors’ rights generally or by such principles of equity as the court having jurisdiction may impose with respect to certain remedies which require or may require enforcement by a court of equity and no other authorization is required.
(e) There is no action, suit, proceedings, inquiry on investigation, at law or in equity, before or by any court, public board or body, pending or, to the knowledge of the Borrower, threatened against the Borrower, nor is there any basis therefor, (i) affecting the creation, organization or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to prohibit, restrain or enjoin the execution or delivery of this Loan Agreement or (iii) in any way contesting or affecting the validity or enforceability of this Loan Agreement or any agreement or instrument relating to any of the foregoing or used or contemplated for use in the consummation of the transactions contemplated by any of the foregoing.
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(f) The Borrower is not in any material respect in breach of or in default under any applicable law or administrative regulation of the State or the United States of America or any applicable judgment or decree or any agreement or other instrument to which the Borrower is a party or by which it or any of its properties is bound, and no event has occurred which with the passage of time, the giving of notice or both would constitute such a breach or default; and the execution and delivery of this Loan Agreement and compliance with the respective provisions thereof will not conflict with or constitute a breach of or default under any applicable law or administrative regulation of the State or of the United States of America or any applicable judgment or decree or any agreement or other instrument to which the Borrower is a party or by which it or any of its property is bound.
(g) The Borrower is not in default under any loan agreement, note, bond, mortgage or other instrument evidencing or securing indebtedness.
(h) All information provided to the Lender in this Loan Agreement or in any other document or instrument with respect to the Loan, this Loan Agreement or the Project, was at the time provided, and is now, true, correct and complete, and such information does not omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.
(i) The Borrower covenants to complete the Project in a timely fashion in
accordance with the project schedule provided to the Lender and to comply with all applicable State statutes, rules, and regulations pertaining to this Loan Agreement and the Project as well as with any conditions that may have been established by the Lender when it approved this Loan.
(j) The Borrower covenants to establish and maintain adequate financial records for the Project in accordance with generally accepted government accounting principles; to allow for an audit by the State of financial records and transactions covering any fiscal year for which a Project Loan has been approved and not yet repaid in full.
ARTICLE 6 Events of Default
Section 6.01. Events of Default. An Event of Default shall occur hereunder if any one or more of the following events shall happen:
(a) payments required by Sections 4.01 through 4.04 are not paid punctually when due;
(b) default shall be made by the Borrower in the due performance of or compliance with any of the terms hereof, other than those referred to in the foregoing subdivision (a), and such default shall continue for sixty (60) days after the Lender shall have given the Borrower written notice of such default (or in the case of any such default which cannot with due diligence be cured within such 60-day period, if the Borrower shall fail to proceed promptly to
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commence curing the same and thereafter prosecute the curing of such default with due diligence, it being intended in connection with any such default not susceptible of being cured with due diligence within the 60 days that the time to cure the same shall be extended for such period as may be reasonably necessary to complete the curing of the same with all due diligence);
(c) the Borrower shall file a voluntary petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, composition, readjustment, liquidation or similar relief for itself under any present or future statute, law or regulation, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Borrower or of all or any substantial part of its properties or of the Projects or shall make any general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; or
(d) a petition shall be filed against the Borrower seeking any reorganization, composition, readjustment, liquidation or similar relief under any present or future statute, law or regulation and shall remain undismissed or unstayed for an aggregate of 90 days (whether or not consecutive), or if any trustee, receiver or liquidator of the Borrower or of all or any substantial part of its properties or of the Projects shall be appointed without the consent or acquiescence of the Borrower and such appointment shall remain unvacated or unstayed for an aggregate of 90 days (whether or not consecutive).
Section 6.02. Remedies. Upon the continuing occurrence of an Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing the Borrower from complying with the terms of this Loan Agreement, the Lender, or any other Person who has succeeded to the rights of the Lender hereunder, at any time thereafter and while such Event of Default shall continue, may, at its option, take any action at law or in equity to collect amounts then due and thereafter to become due hereunder, including without limitation declaring the unpaid principal and interest to be immediately due and payable, or to enforce performance and observance of any obligation, agreement or covenant of the Borrower under this Loan Agreement.
ARTICLE 7 Conditions Precedent to Loan
Section 7.01. Borrower’s Certificate. Prior to execution of the Loan Agreement by the Lender, the Borrower shall have furnished to the Lender, in form and substance satisfactory to the Lender, a certificate of the Borrower certifying the resolution authorizing the Borrower to enter into this Loan Agreement. Section 7.02. Attorney’s Opinion. Prior to execution of the Loan Agreement by the Lender, the Borrower also shall have furnished to the Lender, in form and substance satisfactory to the Lender, an opinion of Borrower’s counsel to the effect that: (1) the Borrower has been duly created and is validly existing and has full power and authority (under its Charter and By-Laws or general law, if applicable, and other applicable statutes) to enter into and carry out the terms of this Loan Agreement; (2) this Loan Agreement is duly executed and constitutes a valid and binding contract of the Borrower, enforceable in accordance with its terms except as the enforceability
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thereof may be limited by bankruptcy, reorganization, insolvency, moratorium, or similar laws affecting the enforcement of creditors’ rights generally; (3) this Loan Agreement is not in conflict in any material way with any contracts or ordinances of the Borrower; and (4) there is no litigation materially adversely affecting this Agreement or the financial condition of the Borrower.
ARTICLE 8 Miscellaneous
Section 8.01. Waiver of Statutory Rights. The rights and remedies of the Lender and the
Borrower under this Loan Agreement shall not be adversely affected by any laws, ordinances, or regulations, whether federal, state, county, city, municipal or otherwise, which may be enacted or become effective from and after the date of this Loan Agreement affecting or regulating or attempting to affect or regulate any amounts payable hereunder.
Section 8.02. Non-Waiver by Lender. No failure by Lender or by any assignee to insist upon the strict performance of any term hereof or to exercise any right, power or remedy consequent upon a breach thereof, and no acceptance of any payment hereunder, in full or in part, during the continuance of such breach, shall constitute waiver of such breach or of such term. No waiver of any breach shall affect or alter this Loan Agreement or constitute a waiver of a then existing or subsequent breach.
Section 8.03. Remedies Cumulative. Each right, power and remedy of Lender provided for in this Loan Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Loan Agreement, or now or hereafter existing at law or in equity or by statute or otherwise, in any jurisdiction where such rights, powers or remedies are sought to be enforced, and the exercise or beginning of the exercise by the Lender of any one or more of the rights, powers or remedies provided for in this Loan Agreement or now or hereafter existing at law or in equity or by statute, or otherwise shall not preclude the simultaneous or later exercise by the Lender of any or all such other rights, powers or remedies.
Section 8.04. Amendments, Changes and Modification. This Loan Agreement may not be effectively amended, changed, modified, altered or terminated without the written agreement of each of the parties hereto, provided, however, that changes by the Lender to the repayment schedule attached hereto as Exhibit D after completion of construction as provided in Section 4.01 shall not be deemed an amendment, change or modification or alteration hereof.
Section 8.05. Applicable Law - Entire Understanding. This Loan Agreement shall be governed exclusively by the applicable laws of the State of Tennessee. This Loan Agreement expresses the entire understanding and all agreements of the parties hereto with each other and neither party hereto has made or shall be bound by any agreement or any representation to the other party which is not expressly set forth in this Loan Agreement.
Section 8.06. Severability. In the event that any clause or provision of this Loan Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provisions shall not affect any of the remaining provisions of such instrument.
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Section 8.07. Notices and Demands. All notices, certificates, demands, requests, consents, approvals and other similar instruments under this Loan Agreement shall be in writing, and shall be deemed to have been properly given and received if sent by United States certified or registered mail, postage prepaid, (a) if to the Borrower, addressed to the Borrower, Mayor Burgess, County Courthouse, One Public Square, Room 101, Murfreesboro, TN 37130, or (b) if to the Lender, Energy Efficient Schools Initiative, Andrew Johnson Tower – 10th Floor, 710 James Robertson Parkway, Nashville, TN 37243, ATTN: Executive Director, with a copy to Office of State and Local Finance, Cordell Hull Building, 425 Fifth Avenue North, Nashville, Tennessee 37243-3400, or at such other addresses as any addressee from time to time may have designated by written notice to the other addressees named above.
Section 8.08. Headings and References. The headings in this Loan Agreement are for the convenience of reference only and shall not define or limit the provisions thereof. All references in this Loan Agreement to particular Articles or Sections are references to Articles or Sections of this Loan Agreement, unless otherwise indicated.
Section 8.09. Successors and Assigns. The terms and provisions of this Loan Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Section 8.10. Multiple Counterparts. This Loan Agreement may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same instrument.
Section 8.11. No Liability of Lender’s and Borrower’s Officers. No recourse under or upon any obligation, covenant or agreement contained in this Loan Agreement shall be had against any incorporator, member, director or officer, as such, past, present or future, of the Lender or the Borrower, either directly or through the Lender or the Borrower. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such incorporator, member, director or officer is hereby expressly waived and released by the Borrower and the Lender against the other’s incorporators, members, directors or officers as a condition of and consideration for the execution of this Loan Agreement.
Section 8. 12. Loan Administrator. Any function required or permitted to be performed hereunder by the Lender may, in the Lender’s sole determination and upon notice to the Borrower, be performed by the Loan Administrator. After such notice to the Borrower, the Borrower shall deal solely with the Loan Administrator with respect to such matters.
Signatures on Following Page
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IN WITNESS WHEREOF, the parties to this Agreement have caused the Agreement to be executed by their respective duly authorized representatives. BORROWER NAME: _____________________________________________ [City or County] BY: _____________________________________________ (Signature) TITLE: ______________________________________________ DATE: ______________________________________________ LENDER: ENERGY EFFICIENT SCHOOLS COUNCIL BY: _____________________________________________ _(Signature) TITLE: ______________________________________________ DATE: ______________________________________________
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EXHIBIT A
REQUISITION
REQUISITION NO. _____
Energy Efficient Schools Council
The undersigned, being an Authorized Borrower Representative within the meaning of that term as set forth in a loan agreement (the “Loan Agreement”), dated ___________, 2018, by and between the Energy Efficient Schools Council and Rutherford County, Tennessee (the “Borrower”), submits this Requisition on behalf of the Borrower pursuant to Section 3.03 of the Loan Agreement, as follows:
1. Borrower hereby requests disbursement to the Borrower pursuant to the Loan Agreement of $__________.
2. All amounts advanced hereunder will be used to pay Cost of the Project, as defined in the Loan Agreement.
3. The amounts requested hereunder have not been the subject of a previous request for disbursement of funds.
4. The subject of this request is a proper Costs of the Project, as described in the Loan Agreement.
5. The amount requested should be wired to:
Bank: ABA Number: Account Name: Account Number:
It is understood that your duties will be discharged with respect to the disbursement requested hereunder if payment is made as provided herein.
IN WITNESS WHEREOF, the undersigned has hereunto set his (her) hand, this _____ day of __________, ______.
Name: Title:
Funding Date: __________, _______________, ____.
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EXHIBIT B
COMPLETION CERTIFICATE
The undersigned, being an Authorized Borrower Representative within the meaning of that Loan Agreement (“Loan Agreement”), dated ___________, 2018, by and between the Energy Efficient Schools Council and Rutherford County, Tennessee (the “Borrower”), submits this Completion Certificate on behalf of the Borrower pursuant to Section 3.04 of the Loan Agreement, as follows:
1. No additional advances of funds under the Loan Agreement will be requested from the Trustee, and no additional Requisitions for disbursement of funds will be presented to the Trustee;
2. The Project or Projects to be financed with the proceeds of the Loan under the Loan Agreement have been completed or sufficient funds are available to complete the Project or Projects to the satisfaction of the Borrower; and
Notwithstanding the foregoing, this Certificate is given without prejudice to any rights against third parties which exist as of the date hereof or which may subsequently come into being.
IN WITNESS WHEREOF, the undersigned has hereunto set his (her) hand this _____ day of ______________.
Rutherford County
Name:
Title:
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EXHIBIT C
DESCRIPTION OF PROJECT
The Rutherford County School District (District) 2017 Energy Efficient Schools Initiative (EESI) Loan Application includes projects to install energy management systems (EMS). In several of the schools, the District has installed a central EMS that allows central maintenance and energy management staff to remotely monitor equipment operation; monitor space temperature, humidity and carbon dioxide; establish occupied and unoccupied building schedules; and set temperatures to comply with District Board Policy. This EMS has successfully allowed District to conserve energy, reduce cost, extend equipment life, and improve maintenance efficiency. The following documentation supports the energy savings calculations included on the application to determine the estimated savings and the resulting estimated payback based on the total cost to install the EMS. The District also continues to use Energy Star Portfolio Manager (PM) to monitor energy use at every District school. The District has repeated floor plan designs (with the same square footage) and mechanical systems over the years to construct new schools. Schools with the same layout, square footage, and mechanical systems allow a comparison between the energy use per square foot in schools with an existing EMS to schools without an EMS to estimate the resulting energy savings based on the actual operation of schools in the District with an EMS. By providing the annual energy consumption data, the EESI Application reports the Energy Utilization Index (EUI). After reported the estimated savings as determined above, the EESI Application calculates the EUI percentage reduction. The 10 Sites on the EESI Application are for the EMS projects. The Control Site establishes a benchmark for the Applicant Sites to estimate energy savings. The Control Site EUI was determined from a report generated in Energy star.
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EXHIBIT D
REPAYMENT SCHEDULE
Rutherford County **ESTIMATED Loan No. 750-005
PRINCIPAL 1,282,842$ ACCRUED INTEREST *
--------------------TOTAL AMORTIZED 1,282,842$
RATE OF INTEREST 1.00%
MONTHS 36
MONTHLY PAYMENTS 36,187$ ***
TOTAL INTEREST 19,873$
TOTAL PAYMENTS 1,302,715$
TOTALBEGINNING PRINCIPAL INTEREST DEBT SERVICE ENDINGPRINCIPAL REQUIREMENT REQUIREMENT REQUIREMENT PRINCIPAL
PERIOD BALANCE (PER MONTH) (PER MONTH) (PER MONTH) BALANCE--------------- --------------- --------------- --------------- --------------- ---------------
Payment 1 ** TO Payment 12 1,282,842$ 35,279$ 908$ 36,187$ 859,494$ Payment 13 TO Payment 24 859,494 35,634 553 36,187 431,886 Payment 25 TO Payment 35 431,886 35,992 195 36,187 35,974 Payment 36 35,974 35,974 196 36,170 -
--------------------------- -----------------------------------------------------
Total 1,282,842$ 19,873$ 1,302,715$
* Total amount of accrued interest to be determined at the completion of the project.
** Actual payment and date to be determined upon completion of project.
*** Please note that the final payment may differ slightly from the regularly scheduled monthly payment.
2018-19Priority List for Bus Contract
1st Priority List APPLICANTS NAME
ROUTE ACCEPTED
ROUTE DECLINED
EXISTING OR NEW ROUTE BUS # NOTES
1 Kristy Crosslin2 Angela Sanders3 Ronald Carrigan4 Allie B Jefferson5 Shonta Washington6 Clint Jernigan7 Jessie Jones
2nd Priority List APPLICANTS NAME
ROUTE ACCEPTED
ROUTE DECLINED
EXISTING OR NEW ROUTE BUS # NOTES
1 Greg Estes
2 Henry Swader3 Debra Sharber4 Jefferey A Parker5 Cynthia Gossett6 David Barrett7 Michael Webb8 Margaret A Williams9 Brenda Sanders
10 Michael Crosslin11 Daniel Hartley12 Alison Brown13 Kathy Layne14 Gregory T Grant15 Wayne Barrett16 Vicke E Johnson17 Dainel Ayers18 Morgan Wayne Johnson19 Matthew Johnson20 Sallie Brown
2018-19Priority List for Bus Contract
21 Bill Estes22 Ronnie Hobbs23 Steve Davis24 Joanna White25 Brian Fisher26 Timothy Graham27 Johnny Dale Perkins28 Roy W Dye Sr29 Kelly Beasley30 Debra Swader31 Roy W Dye Jr32 Jason Baltimore33 Tulley Brandon Lane34 Teresa Graham35 Roy Gossett36 Jayse Sanders37 Stephen Tyler Black38 Ann Carroll39 Kim Earp40 Stephanie Stoner41 Carolyn Sue Estes42 Doug Stevens43 Teresa Cropper44 Tara Hiers45 Sandra Davis46 Clarissa Smith47 Kevin Earp48 Steven Foe49 Melody Fisher50 Holly Lane51 Gail Hartley