agenda with recommendations from the · pdf filewelding and metal fabrication, larry jeffus,...

AGENDA WITH RECOMMENDATIONS FROM THE DIRECTOR OF SCHOOLS

RUTHERFORD COUNTY SCHOOL SYSTEM

2240 Southpark Drive Murfreesboro, TN 37128

June 26, 2013

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 12, 2013 June 18, 2013 June 20, 2013 B. Community Use of Facilities C. Routine Bids: Bid #3021 – Tankless Water Heaters (Roy Waldron) Bid #3022 – Athletic Training Equipment (Stewarts Creek High) D. 95% Group Training for Intervention Instruction Contract E. Rutherford County Schools Student Fees F. Contract for Services with SchoolStation G. Memorandum of Understanding with Primary Care and Hope Clinic and Volunteer Behavioral Health Care Systems

Agenda, June 26, 2013 Board Meeting 2

H. School Salary Supplements and Contract Payments:

Name Amount School Funded By Description

Richie Conner

(estimate) 8,800.00 Blackman High

Various clubs, Athletic groups,

and activities Bus driver for

2013/2014 school year

Allison Wirth

NTE 3,000.00 Blackman High Band Boosters

Color Guard Instruction for

2013/2014 school year

Shilo * Edging 100.00 Riverdale

School Funds - Baseball Baseball Camp

Antonio * Sheffield 257.45 Riverdale


Craig * Reavis 250.00 Siegel High

School Funds - Baseball

Spring Fling Field & Building prep

Craig Reavis

NTE 2,500.00 Siegel High


Craig Reavis

NTE 2,000.00 Siegel High

Siegel Bullpen, Inc.

Field Maintenance over summer

Sarah Bateman NTE 300.00 Blackman High Band Boosters Band Camp Instructor

Rachel Grasso NTE 300.00 Blackman High Band Boosters Band Camp Instructor

Lindsey Reed

NTE 2,000.00 Blackman High Band Boosters Band Assistant

George Gibson 1,000.00 Central Magnet

School Funds - Boys Basketball

Assistant Boys Basketball Coach

Kirk Bagley 1,000.00 Oakland High

Oakland Endzone Club

Assistant Football Coach

Deldrick Brewer 1,000.00 Oakland High



Stanley Miller 2,000.00 Oakland High



Justin Wade 500.00 Oakland Middle

School Funds - Football


Alice Clements

(Monthly) 2,000.00 Siegel High

Siegel Choral Boosters Private voice lessons

Kasey McCormick



Edie Pope



Donna Shearron



Amy Roeger 300.00 Siegel High

Siegel Softball Boosters

Assistant Softball Coach


Marjorie Rockwell 600.00 Siegel High

Siegel Cross Country Boosters

Assistant Cross Country Coach

Ashley Sartin 3,575.00 Siegel High

School Funds - Varsity Dance Choreography

Kyle Mooney 2,000.00 Smyrna High


Assistant Baseball Coach

Mitchell Woltring 2,000.00 Smyrna High


Assistant Baseball Coach

Janet ** Anderson Hourly

Blackman Middle Outside Groups

Additional custodial work

* approved previously for an amount $500 or greater ** not less than regular rate – or overtime rate if over 40 hours during the week I. Non-Faculty Volunteer Coaches

According to 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 2013-2014 school year: Name School Sport

Bagley, Kirk Oakland High Football Blankenship, John Central Magnet Trap Bonds, Rodney Christiana Middle Football/ Basketball Bouldin, Laws Central Magnet Tennis Brewer, Troy Oakland High Football Brock, Ronald Stewarts Creek High Cross Country Carver, Billy Thurman Francis Basketball Clardy, Timmy Christiana Middle Football Clements, Alice Siegel High Choir Davis, Wendell Smyrna High Volleyball Duke, Jeff Central Magnet Trap Espy, Abbey Smyrna High Volleyball Ezell, Edward Christiana Middle Golf Grasso, Rachel Blackman High Band Gibson, George Central Magnet Basketball Goss, Ken Oakland High Swim Goss, Kyle Oakland High Swim Jameson, Sarah Central Magnet Dance Jessen, Cory Rock Springs Middle Soccer Kelley, Jennifer Central Magnet Tennis Kucker, Bob Thurman Francis Soccer Leach, Darcy Central Magnet Cross Country Leathers, Bobby Eagleville Basketball Leonard, Emily Oakland High Dance


Marlin, Eric Eagleville Softball McCormick, Kasey Siegel High Choir McMaken, Kyle Rock Springs Middle Cheer/Basketball Meek, Lisa Thurman Francis Soccer Miller, Gaston Oakland High Football Perry, Shantel Oakland High Swim Phillips, Kevin Christiana Middle Football Pope, Edie Siegel High Choir Priddy, Tracey Central Magnet Cheer Reed, Lindsey Blackman High Band Roeger, Amy Siegel High Softball Ross, Rhonda Blackman High Volleyball Sartain, Ashley Siegel High Dance Segree, Lawrence Thurman Francis Basketball Shearron, Donna Siegel High Choir Simmons, Everett Central Magnet Trap Sisco, Austin Smyrna High Football Snell, Kevin Eagleville Golf/Basketball Stone, Bob Blackman High Bowling Sweeney, James Blackman Middle Trap Thompson, Quinton Blackman High Basketball Tribble, Susan Eagleville Volleyball Tuberville, Adam Stewarts Creek High Baseball Tyler, Kevin Thurman Francis Bowling Wade, Justin Oakland Middle Football Ward, Josh Central Magnet Softball Warfield, Charlie Eagleville Wrestling Wilson, Joseph Eagleville Football Wilson, Mark Christiana Middle Baseball Zhislin, Igor Central Magnet Chess Recommend Approval --- motion to approve the consent agenda items as presented. 6. VISITORS

7. PROJECT STATUS UPDATE

Revised Project Schedule for Blackman Middle School Addition: April 15, 2013 Schematic Design Phase Documents for Rutherford County Board of Education approval May 20, 2013 Design Development Phase Documents for Rutherford County Board of Education approval June 11, 2013 Bid Documents - Checkset July 16, 2013 Bid Documents – Issue for Bid July 30, 2013 Pre-Bid Conference at Blackman Middle School – 10:00 a.m.


August 6, 2013 Bid Opening at Rutherford County Board of Education – 2:00 p.m. August 12, 2013 Construction Start

July 21, 2014 Construction Substantial Completion

8. LOCAL ADOPTION OF TEXTBOOKS NOT ON CONTRACT A. Recommend Approval --- motion for Rutherford County to request approval for Local Adoption of Textbooks Not on Contract in the Rules, Regulations & Minimum Standards for which no textbook is included in the Official List of Textbooks under Section 1.02 Program Selection, the following books to be adopted for Stewarts Creek High using textbook funds:

1. Auto Body Repair Technology, James E. Duffy, Cengage Learning, 2008,

5th Ed. 2. Collision Repair Fundamentals, James E. Duffy, Cengage Learning, 2007,

1st Ed. 3. Collision Repair and Refinishing: A Foundation Course for Technicians,

Thomas & Jund, Cengage Learning, 2009, 1st Ed. 4. Modern Automotive Technology, James E. Duffy, Goodheart-Wilcox, 2009,

7th Ed. 5. Welding and Metal Fabrication, Larry Jeffus, Cengage Learning, 2011, 1st Ed. 6. Audio Basics, Stanley A. Alten, Cengage Learning, 2011, 1st Ed.

B. Recommend Approval --- motion for Rutherford County to request approval for Local Adoption of Textbooks to be adopted for Oakland High for the following books using textbook funds:

1. Engineering Design: An Introduction, Karsnitz/Hutchinson/O'Brien, Cengage Learning, 2008, 1st Ed.

2. Technology & Engineering, Wright, R. Thomas, Goodheart-Wilcox, 2012, 6th Ed.

9. SIEGEL HIGH SCHOOL SATELLITE CONCESSION STAND AND STORAGE

(TAB 2) Mr. Bridgeman has requested permission to construct a satellite concession stand and storage under the home football bleachers at Siegel High School. The masonry concession building will be 16’x16’ with an 8’x10’ storage room (Part 1 of the request. Part 2 has not been approved). No cooking will be done in the building. Mr. Jackie Holden from Engineering and Construction has met with the fire marshal on this project and it has been approved for construction. The booster club and Siegel High School will acquire all proper permits and meet all state and local


codes and pertinent requirements. All cost will be paid by the Siegel High School Football Booster Club at no cost to the Board. Recommend Approval—motion to approve construction of a satellite concession stand and storage under the home bleachers at the Siegel High School Stadium. Siegel High School and Siegel High School Football Boosters Club is responsible for all permits and meeting all state and local code requirements at no cost to the Rutherford County School Board.

10. STEWARTS CREEK HIGH SCHOOL BOOSTER CLUBS Booster Clubs must submit details of the structure of the organization (officers and their duties, election of officers and term limits, purposes and goals, dues structure, if any, intended use of funds generated by the organization) to the Board in order for the club to be recognized/sanctioned by the Board as a viable booster club. The Stewarts Creek High School Baseball, Football and Music Booster Clubs are in compliance. Recommend Approval --- motion to approve the formation of the Stewarts Creek High School Baseball, Football and Music Booster Clubs.

11. TSSAA COOPERATIVE AGREEMENT

Eagleville School and Central Magnet School currently have cooperative agreements with TSSAA for middle and high school football and wrestling. The schools would like to add soccer to the cooperative agreements beginning in the 2013-2014 school year. Recommend approval --- motion to allow Eagleville School and Central Magnet School to enter into a cooperative agreement through TSSAA for middle and high school soccer participation. 12. CONTRACT WITH RIVERSIDE PUBLISHING (TAB 3)

Riverside Publishing was awarded an RFP in July 2011 for data and assessment management. The Instruction Department has not been pleased with Riverside Publishing’s Performance under the current contract. The following issues have been raised: inconsistent or complete lack of response from Customer Support, extremely long wait times to speak with Customer Support, 2011-2012 TCAP and EOC data was not uploaded as required, student response devices not provided and reports not formatted correctly. Pursuant to the RFP the Board may enter into negotiations with the next best proposer as determined to be in the best interest of the school system. The Instruction Department has negotiated with the next best proposer, Thinkgate, and would like to terminate its contractual relationship with Riverside Publishing. The agreement with Thinkgate would require an additional


cost of less than $2 per student. The additional request will not require any adjustments to the 2013-2014 budget. Recommend Approval—motion to: approve the contract with Thinkgate for data and assessment management pursuant to RFP #1107.

13. GENERAL DISCUSSION BY BOARD MEMBERS 14. ADJOURNMENT

RUTHERFORD COUNTY BOARD OF EDUCATION Board of Education Meeting

2240 Southpark Drive Murfreesboro, TN 37128

Minutes of June 12, 2013

Board Members Present Terry Hodge, Chairman Wayne Blair, Vice Chairman Helen R. Blankenship Aaron Holladay David Nipper Tim Tackett Coy Young Marvin D. Odom, Director of Schools

1. CALL TO ORDER

The Board Chairman called the meeting to order at 5:00 P.M. The Christiana Elementary School Archery Team led the Pledge of Allegiance.

2. MOMENT OF SILENCE

The Board Chairman called for a moment of silence. 3. APPROVAL OF AGENDA

Motion made by Mr. Blair, seconded by Ms. Blankenship, to approve the agenda as presented. Vote: All Yes

4. APPROVAL OF CONSENT AGENDA A. Minutes: May 15, 2013 May 21, 2013 B. Community Use of Facilities

Minutes, June 12, 2013 Board Meeting 2

C. Routine Bids: Bid #3007 – Painting Bid #3008 – Roof Repairs Bid #3009 – Laser Grading Bid #3010 – Sodding, Sprigging, and Seeding Bid #3011 – Mowers (Smyrna High and Stewarts Creek High) Bid #3012 – Library Book Security System (Stewarts Creek High) Bid #3013 – Atlanta, GA Junior Theater Festival Trip (Roy Waldron) Bid #3014 – Window Blinds Bid #3015 – Print Cartridges Bid #3016 – Infield Mix Bid #3017 – Elevator – Maintenance and Monitoring Bid #3018 – LP Gas Bid #3019 – Cabling Parts and Supplies Bid #3020 – Stadium Bleacher Renovations (LaVergne and Smyrna High Schools) D. Transportation: 1. Bus #167 Seat Upgrade 2. Voluntary Bus #199 Contract Termination E. Contractual Agreement with The Wesley Foundation of Murfreesboro, TN F. Title II Contract with Amy Covington and Melanie Strickland G. Title II Contracts with Holly Hunter and Tina Robertson H. Contract for Principles of Technology Training I. Athletic Training Assistant Contract with Middle Tennessee State University J. Athletic Training Assistant Contract with National HealthCare Corporation (NHC Rehab) K. Rutherford County Schools Student Fees L. School Salary Supplements and Contract Payments:

Name Amount School Funded By Description

Tommy Entrekin 1,500.00 Blackman High

School Funds - Baseball Field Maintenance

Sherry Febles NTE 500.00 Blackman High

School Funds - Theatre

Organize and create new shop space over

summer vacation

Richie Conner 2,500.00 Blackman High

Various School Accounts

Additional Bus Driving ($6,900 was approved

8/9/12)


Richie Conner 1,050.00

Blackman Middle

Various School Accounts Bus Driver

Wesley * Tobitt 100.00

Blackman Middle


Summer Baseball Camp

Denine Warner 1,000.00 Oakland High Band Boosters

Additional Band Director's supplement

Alicia Wittenberg 1,000.00 Oakland High

School Funds - Softball

Assistant Softball Coach

Jason Baird NTE 600.00 Riverdale

Volleyball Boosters

Middle School Volleyball Camp

Mike Aymett NTE 500.00 Riverdale Band Boosters

Band Camp + Music/Drill

arrangements - 2013/2014 School

Year

Matt Crossley

NTE 1,500.00 Riverdale Band Boosters

Band Camp + Music/Drill

arrangements - 2013/2014 School

Year

Amanda Jones


Band Camp, Band Staff, Choreography, Flag Construction -

2013/2014

Scott Kinney NTE 600.00 Riverdale Band Boosters

Band Camp - 2013/2014 School

Year

Kathy Quarto


Band Camp + Band Staff - 2013/2014

School Year

Alex Sears NTE 250.00 Riverdale Band Boosters

Band Camp + summer instruction - 2013/2014

School Year

Kevin Vaughn NTE 250.00 Riverdale Band Boosters

Band Camp and Field Commander Instruction -

2013/2014 School Year

Chris Biggs 700.00 Riverdale


Shiloh Edging 300.00 Riverdale


Barry Messer 2,500.00 Riverdale


Keith Stephenson

NTE 1,500.00

Rock Springs Middle

Various Athletic Accounts Field Maintenance

Chad * Fields 200.00 Siegel High

School Funds - Baseball Spring Fling Field Prep


Mike * Bartlett 200.00 Siegel High

School Funds - Baseball Spring Fling Field Prep

Brady * Goodman 100.00 Siegel High


JV Baseball Team Chaperone

Deanna Velazquez 700.00 Siegel High

Cross Country Boosters

Assistant Cross Country Coach -


Dale Edwards 1,200.00 Oakland High Softball Boosters

Assistant Softball Coach + Field Maintenance

Edie Pope 8,000.00 Oakland High

School Funds - Chorus

Individual voice lessons - 2013/2014

School Year

Kerrick Cron 500.00 Riverdale


Tim Hale


Band Camp, Band Staff, Music

arrangements, Percussion equipment

maintenance + repair, Group lessons -


Nelson Moore



School Year

Aaron Stickley



School Year

Jerome Snider 800.00 Riverdale

Volleyball Boosters


Jessica * Williamson 400.00 Riverdale

Volleyball Boosters


Paul Garretson

NTE 2,000.00

Rock Springs Middle

School Funds - Band

Teach percussion lessons - 2013/2014

School Year

Mike George

NTE 1,000.00

Rock Springs Middle

School Funds - Band

Teach trumpet lessons - 2013/2014 School

Year

William Huber

NTE 1,000.00

Rock Springs Middle

School Funds - Band

Teach low brass lessons - 2013/2014

School Year

Raymond Ridley

NTE 1,000.00

Rock Springs Middle

School Funds - Band

Teach woodwind lessons - 2013/2014

School Year


Andy Poklad

NTE 4,500.00

Rock Springs Middle

School funds - Girls + Boys

Soccer Summer Soccer Camp

Naomi Clark 1,650.00 Smyrna High

School Funds - Girls Soccer

Assist with Summer Soccer Camp

Shelby Bolton 2,000.00

Stewarts Creek High

School Funds - Volleyball

Assistant Volleyball Coach - Varsity

* approved previously for an amount $500 or greater M. Non-Faculty Volunteer Coaches

According to 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 2013-2014 school year: Name School Sport

Bolton, Shelby Stewarts Creek High Volleyball Davis, Wendell Stewarts Creek High Wrestling Garretson, Paul Rock Springs Middle Band George, Mike Rock Springs Middle Band Greene, Kyle Rockvale Middle Basketball, boys Huber, William Rock Springs Middle Band McGregor, Matthew Rock Springs Middle Baseball Nichols, Kenneth Smyrna High Football Ridley, Raymond Rock Springs Middle Band Sanderson, Jon Rock Springs Middle Baseball

N. Contract With Williamson County to use Agriculture Exposition Park for 2014 Graduations

Motion made by Mr. Holladay, seconded by Mr. Blair, to approve the consent agenda items with the exception of the Student Fees list. He requested there be further discussion regarding the fees at the end of the agenda. Vote: All Yes

5. RECOGNITION

A. National Archery Team at Christiana Elementary School

Christiana Elementary School won the 2013 National Archery in the Schools Program. In addition, the team qualified and competed in the National


Tournament in Kentucky this spring and based on their performance, they are now going on to the World Tournament in St. Louis this summer. The team’s coach is SRO Scott Reed.

B. Student Athletes for Spring Fling Championships

Director Don Odom recognized the various student-athletes who won state championships during the Spring Fling competitions. The following students and teams were recognized: Oakland High School’s Brock Baker; Central Magnet School’s Andre Hillsman, Justin Young, Jordan Turney, Danny Mullane and Noal Delk; Riverdale High School’s Talia Martin, Derriana Parrish, Jaa’Leah White and Joy Frierson; Siegel High School’s Ashlee Boles and Marissa Kovach. Smyrna High School’s softball team won the first state title in the program history. They were unable to attend the Board meeting.

6. VISITORS

Kathryn Fair, Campus School parent, addressed the Board regarding the leadership at Homer Pittard Campus School. Jim Edwards addressed the Board regarding an experience encountered by a substitute teacher at one of the high schools. Marcella Windrow, Christiana Elementary School parent, asked the Board for support in initiating a middle school archery team at Christiana Middle School. Allison Mazzara, Campus School parent, did not address the Board. She gave her time to Ms. Currey who addressed the Board in support of the Campus School principal. Stephanie Murray, Campus School parent, addressed the Board in support of the Campus School principal.

7. STATUS UPDATE

Gary Clardy, Assistant Superintendent of Engineering and Construction, gave an update on the following construction projects:

Stewarts Creek High School Blackman Middle School Addition Smyrna Primary School Addition


8. ESEA/IDEA CONSOLIDATED FUNDING APPLICATION AND PLAN Under the Elementary and Secondary Education Act (ESEA) and the Individuals with Disabilities Act (IDEA), The Local Consolidated Grant Application and Plan for fiscal year 2014.01 includes the following components: Title I, Part A Improving the Academic Achievement for the Disadvantaged Title II, Part A Teacher and Principal Training and Recruitment Title III, Part A English Language Acquisition, Language Enhancement, and Academic Achievement IDEA, Part B Individuals with Disabilities

Motion made by Mr. Holladay, seconded by Mr. Tackett, to approve the Fiscal Year 2014.01 Local Consolidated Grant Application/Plan under ESEA/IDEA and authorize the Director to file any necessary budget revisions, addenda, or transfer requests.

Vote: All Yes

9. REQUEST FOR PRN WAGE INCREASE FOR 2013-2104

PRN (Pro re nata is a Latin phrase that means "as the circumstance arises”) nurses are nurses who cover schools on an as needed basis. PRN’s do not receive benefits and work random schedules to cover for unexpected absences of our full time nursing staff. Nurses who we employ as PRN’s are required to have a BSN with several years of experience.

The current PRN nurse wage is $23/hour. The Department of Health Services is requesting a wage increase to $30/hour to attract and adequately compensate experienced nurses for this position. This is at least $10/hr less than what PRN nurses receive in any hospital setting. The 2012-2013 Rutherford County Schools salary schedule shows licensed employees with a Bachelor’s Degree with NO experience making $35,196 which figures to be just over $25/hr. That’s more than we are paying these nurses right now.

In 2012-2013 we spent $5,704 (gross) on PRN nurses (248 hours). With the wage increase, we would expect this cost to increase to approximately $7,440 or an additional $1,739 assuming the same number of hours worked.

Motion made by Mr. Blair, seconded by Mr. Nipper, to approve the increase for PRN’s from $23/hour to $30/hour to attract and adequately compensate experienced nurses for this position. Vote: All Yes


10. PROPOSED CENTRAL OFFICE POSITION

The Director’s contract states that any new Central Office positions must have Board approval. The proposed position is a 120-day contract for an Athletic Director to oversee TSSAA and system compliance issues, assist with safety protocols, and serve as a contact for charter school applications. The current Teacher Center Coordinator, Anne McCraw, will be going on a 120 day contract on July 1, 2013 and our Safe Schools Program Manager and Testing Assistant, Josh Kubly, will become the lead person for testing while still retaining oversight of our school safety program. The Job Description provides more details of the expectations for this position. Motion made by Mr. Young, seconded by Mr. Holladay, to approve a new 120-day Central Office position for an Athletic Director and Safety Assistant. Vote: All Yes

11. TRANSPORTATION A. Bus Contracts Beginning 2013-2014 and Continuing Through 2016-2017

The current Bus Transportation Services Contracts expire June 30, 2013.

The Board Chairman, Transportation Department, and Board Attorney Jeff Reed have met with representatives of the Bus Drivers Association and prepared the proposed contract for 2013/2014 – 2016/2017 school years. The Mileage and Seat Rates in the attached contract do not yet reflect a 1.5 percent increase to both the mileage and seat rates being proposed by the Transportation Department. Pending final budget approval by the County of the school system’s proposed budget, the Transportation Department would propose the mileage and seat rates in the proposed contract be revised to reflect the 1.5 percent increase to both rates. The specific proposed mileage and seat rates reflecting the increases are attached to the Addendum for the second proposed motion below. The fuel formula remains the same in the proposed contract, but the proposed contract provides that it shall be reviewed on an annual basis by the Board.

Motion made by Mr. Blair, seconded by Mr. Nipper, to approve the Bus Transportation Services Contract for the 2013-2014 – 2016-2017 school years for all approved bus contractors. Vote: All Yes


Motion made by Mr. Nipper, seconded by Mr. Tackett, to approve subject to Rutherford County approving the school system’s proposed budget for the 2013-2014 school year, the mileage and seat rates in the proposed Bus Transportation Services Contract be updated to the rates in the Addendum as presented. Vote: All Yes

B. 2013-2014 Bus Contract Lists Pursuant to Policy 1-41 Bus Contract award procedures, the new contractor lists for the 2013-2014 school year is presented. These four lists (first priority regular bus drivers, second priority part-time or sub drivers, third priority those who have turned down the opportunity and the fourth list those who currently own one or more contracts) are for approval in order 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.

Motion made by Mr. Holladay, seconded by Mr. Nipper, to approve the potential first, second, third priority contractors list and fourth list of current contractors for the 2013-2014 school year.

Vote: All Yes Mr. Blair requested the contracted bus policy be placed in the agenda for the next Policy Committee meeting.

C. Contract Non-renewal

Fassil Tsegaye has been the owner and contractor of bus #59 for the Rutherford County Board of Education since July 8, 2008.

Mr. Tsegaye has been responsible for two (2) preventable accidents. One on April 13, 2012, and another on May 14, 2012. Per Article 16.7 Preventable Accidents of the Bus Contract “If a contractor is responsible for two (2) or more preventable accidents within a three (3) year period the board reserves the right to prohibit the responsible bus driver from operating a bus and the Board may, within the Boards discretion, terminate this contract with the contractor.

Mr. Tsegaye has on two (2) occasions failed to provide coverage for his route

when his bus was unable to run, once on October 15, 2012, and again on January 9, 2013. Per Article 2.5 Substitute Buses; “It is the Contractors responsibility to ensure the route is covered through the aid of other buses should a replacement bus be unavailable in a timely manner. If a Contractor is unavailable to cover their route, a backup plan is to be in place by the contractor. This includes having a contact person in place “if the contact person is not provided and the Transportation Department has to insure


coverage of your route for any day, days or partial days, there shall be deducted an amount equal to the contract amount for each day in the month for which the contractor does not provide service and will be distributed among the Contractors whom covered the route.”

During school years 2012-2013 and 2011-2012 Mr. Tsegaye’s bus has not run his route a total of 15 days and 15 days respectively. Below is a listing of the dates: School Year 12-13 School Year 11-12 Date AM PM Date AM PM 10/8/2012 X X 10/19/2011 X 10/9/2012 X X 10/27/2011 X 10/10/2012 X X 11/14/2011 X 10/11/2012 X X 11/30/2011 X 10/12/2012 X X 12/8/2011 X 10/15/2012 X 1/11/2012 X 11/8/2012 X 1/17/2012 X 11/13/2012 X 1/18/2012 X 12/4/2012 X 1/20/2012 X 12/13/2012 X 1/25/2012 X 12/14/2012 X 2/22/2012 X 12/19/2012 X 2/7/2012 X 1/9/2013 X 2/9/2012 X 2/6/2013 X 3/15/2012 X 3/14/2013 X 5/25/2012 X X

Per Article 2.2 Period of Operation “Contractors shall provide the school bus service pursuant to the terms of this contract for a period of one hundred eighty (180) days.” Because of this missed time, extra work was created for the Transportation Department to notify parents of the bus schedule change, the schools being notified of the change, students being late for school, with some students missing breakfast and having students standing in inclement weather waiting on the bus, etc.

With the documentation attached and numerous phone calls from the Transportation Director to Mr. Tsegaye concerning these issues, we propose the following recommendation:

Motion made by Mr. Nipper, seconded by Ms. Blankenship, to approve that the contract for Fassil Tsegaye shall not be renewed for the upcoming Contract 2013 to 2017. Vote: All Yes


12. CHARTER SCHOOL APPLICATION

The Board voted to deny an application for a public charter school from the Tracey Darnell Montessori Academy following an unfavorable recommendation from the district’s Charter School Review Committee. The committee was led by Board Member Tim Tackett and consisted of Assistant Superintendents Paula Barnes, Richard Zago, and Jeff Sandvig; Special Education Coordinator Shirley Bell, Community Relations Coordinator James Evans and community member Dr. Bob Bullen. Motion made by Mr. Tackett, seconded by Mr. Holladay, to deny the application for a public charter school from The Tracey Darnell Montessori Academy. Vote: All Yes Rutherford County School Fees Mr. Holladay asked if dual enrollment fees should be added to the student fees list. Ms. McCloud suggested the item be deferred until the next board meeting to request clarification from the state. The Board deferred the Fee Schedule until the next Board Meeting.

13. GENERAL DISCUSSION BY BOARD MEMBERS

Director’s Response Director Odom responded to some of the concerns regarding the reassignment of Dr. Chontel Bridgeman. Director Odom cited negative gains trends and teacher transfers as primary reasons for the reassignment.

There being no further business, the meeting adjourned at approximately 6:30 P.M. _______________________________ _________________ Terry Hodge, Chairman Date _______________________________ _________________ Marvin D. Odom, Director of Schools Date

1

RUTHERFORD COUNTY SCHOOL SYSTEM 2240 Southpark Drive

Murfreesboro, TN 37128

Special Called Budget Meeting Minutes of June 18, 2013

5:30 P.M. Board Members Present Terry Hodge, Chairman Wayne Blair, Vice Chairman Helen R. Blankenship Aaron Holladay David Nipper Tim Tackett Coy Young Marvin D. Odom, Director of Schools 1. CALL TO ORDER

The Board Chairman called the meeting to order at 5:30 P.M. Mr. Wayne Blair led the Pledge of Allegiance.

2. GENERAL PURPOSE SCHOOL, FUND 141, 2012-2013 BUDGET

AMENDMENTS

A. Substitute Teachers

This amendment has a net increase of $30,550 for substitute teacher pay and reduces regular teacher pay and benefits by that same amount. The remainder of the lines in the amendment true up the substitute pay to the various budget line items where the expenditures were incurred. The sub lines with increases total $125,950; the decrease lines $95,400. This $30,550 is an increase of 1.33% to our $2,293,589 budget for substitute teachers.

Motion made by Mr. Holladay, seconded by Ms. Blankenship, to amend a net increase of $30,550 for substitute teacher pay and reduces regular teacher pay and benefits by that same amount as presented.

Vote: All Yes

2

B. Unemployment Compensation

This amendment moves $35,000 in already budgeted unemployment compensation to the budget lines where it is needed.

Motion made by Mr. Blair, seconded by Mr. Nipper, to amend $35,000 in unemployment compensation to the unemployment line items where it is needed. Vote: All Yes

C. Utilities and Transportation

This amendment reallocates $234,987 in budgeted utilities to cover $77,581 in additional custodial supplies, $20,000 additional for water and sewer, $38,820 for a Genesis special education bus, and $98,586 for the fuel price adjustments to the bus operator contracts.

Motion made by Mr. Blair, seconded by Mr. Young, to amend $234,987 from budgeted utilities in order to cover additional expenditures, $77,581 in custodial supplies, $20,000 for water and sewer, $38,820 for a Genesis special ed bus, and $98,586 for the fuel price adjustments to the bus operator contracts. Vote: All Yes

D. Other Expenditures within Major Function

This amendment reallocates a total of $517,133 in already budgeted expenditures within major functions. The amendment primarily covers contract services, supplies, and equipment. The Medical Services function, 72120, reallocates a state grant and includes some labor. The Central and Other function reallocates available salary funds to cover additional technology expenditures.

Motion made by Mr. Tackett, seconded by Mr. Nipper, to amend a total of $517,133 in already budgeted expenditures within major functions as presented. Vote: All Yes

E. Revenues

This amendment is the year-end revenue adjustment for the General Purpose School Fund. The entire amount of the increase, $3,038,228 is going to increase fund balance.

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Motion made by Mr. Holladay, seconded by Ms. Blankenship, to increase budgeted revenues by $3,038,228 for various local, state, and federal revenues to increase fund balance as presented. Vote: All Yes

3. CENTRALIZED CAFETERIA FUND, FUND 143, 2012-2013 BUDGET

AMENDMENT

This amendment is a final cleanup amendment for the Centralized Cafeteria Fund. Initially, it was thought only the first Workers’ Comp (OJI) payment would need to be made this year. There was a need to make a smaller second payment after that line item had been amended. The other change is the move from seamless summer feeding program to the Department of Human Services program which uses a different revenue account. The other line item changes adjust the budget to better match projected 2012-2013 results.

The amendment reduces revenues and expenditures by $490,633 with no change to budgeted fund balance.

Motion made by Mr. Young, seconded by Mr. Blair, to amend the 2012-2013 Centralized Cafeteria Budget, Fund 143, by reducing budgeted revenues by a total of $490,663 and by reducing budgeted expenditures by the same amount as presented. Vote: All Yes

4. 2013-2014 BUDGETS

A. General Purpose School, Fund 141

The proposed 2013-2014 budget for General Purpose Schools, Fund 141 has $289,249,377 in projected revenues and $300,005,565 in projected expenditures. At the last Commission Budget Committee meeting five cents in additional property tax was added to the GPS budget. Two other revenue accounts have been adjusted for an additional $75,000 in revenue. The Trustee’s Commission was increased by $10,700 due to the additional five cents. With these changes the budget is currently out of balance by $10,756,188. ($9,252,756 was used from Fund Balance in order to fund our 2012-2013 GPS budget.)

4

Motion made by Mr. Blair, seconded by Mr. Nipper, to approve the proposed 2013-2014 General Purpose Schools, Fund 141, as presented.

Vote: All Yes

B. Capital Projects, Fund 177

The attached revised project list for 2013-2014 moves the funds for the Buchanan sewer project to the Eagleville project since that should be on line during the next school year and adds gymnasium seating for Oakland and Riverdale High Schools.

Motion made by Mr. Holladay, seconded by Mr. Tackett, to approve the revised 2013-2014 project list for Fund 177, Capital Projects, as presented. Vote: All Yes

There being no further business, the meeting adjourned at approximately 6:55 P.M. _______________________________ _________________ Terry Hodge, Chairman Date _______________________________ _________________ Marvin D. Odom, Director of Schools Date

RUTHERFORD COUNTY BOARD OF EDUCATION 2240 Southpark Drive

Murfreesboro, TN 37128

Special Called Board of Education Meeting Zone Exemption Appeals

Minutes of June 20, 2013

Board Members Present Terry Hodge, Chairman Wayne Blair, Vice Chairman Helen R. Blankenship Aaron Holladay David Nipper Tim Tackett Coy Young Marvin D. Odom, Director of Schools CALL TO ORDER The Board Chairman called the meeting to order at 5:30 P.M. Mr. Tim Tackett led in the Pledge to the Flag. ZONE EXEMPTION APPEALS Angel McCloud, Staff Attorney, swore in all participants for the zone exemption hearings.

A. Parent Shirley Bean requests a zone exemption for her child to attend Riverdale High School. Community Relations Coordinator James Evans stated the zone exemption was denied because the student does not qualify for the Riverdale grandfather option.

Motion made by Mr. Blair, seconded by Mr. Young, to deny the zone exemption request. ROLL CALL VOTE: Yes – Mr. Nipper, Mr. Blair, Mr. Holladay, Ms. Blankenship, Mr. Tackett, Mr. Young, and Mr. Hodge Motion approved to deny the request.

B. Parent Kim Potts requests a zone exemption for her child to attend Stewarts Creek

High School. James Evans stated the zone exemption was denied because the dental class at Stewarts Creek High School is not offered until senior year and students in the program take health sciences courses during the other years, which are offered at Smyrna High School. He explained that Ms. Potts may reapply when her daughter reaches her senior year to determine if exemptions are available to Stewarts Creek High School.

Motion made by Mr. Tackett, seconded by Mr. Young, to deny the zone exemption request.

ROLL CALL VOTE: Yes – Mr. Tackett, Mr. Holladay, Mr. Young, Mr. Nipper, Mr. Blair, Ms. Blankenship, and Mr. Hodge Motion approved to deny the request. There being no further business, the meeting adjourned at approximately 6:15 P.M. _______________________________ ____________ Terry Hodge, Chairman Date _______________________________ ____________ Marvin D. Odom, Director of Schools Date

FACILITIES USE

June 26, 2013

Cedar Grove Tennessee Rugby Association, 7/20/13, meeting, cafeteria, no fee

Central Magnet Central Magnet Soccer, 7/29/13‐8/1/13, Youth Soccer Camp, field, no fee Lascassas Murfreesboro Bike Club, 8/23/13‐8/24/13, Hot 100 Bike Ride, cafeteria, lobby and showers, no fee Oakland High Comet Swim Team, 6/27/13‐7/5/13, practice, pool, $150 per day Rockvale Elementary Girl Scouts, 8/27/13‐11/27/13, meetings, teacher lounge, no fee Roy Waldron Smyrna Youth Football, 8/19/13‐10/21/13, practice, gym, no fee Siegel High Top Ten Baseball, 7/18/13‐7/20/13, tournament, baseball field, $150 per day Siegel High Middle Tennessee Baseball Foundation, 6/27/13‐8/15/13, practice, baseball field, no fee Blackman High River Oaks Community Church, 8/4/13‐10/27/13, church services, Auditorium, $150 per day

Note: Facility use prior to 6/26/13 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 3-month period.

Bid #3022 - Athletic Trainer Equipment (Stewarts Creek High)

Item Description Quantity Medco Bill fritz BSN Sports

1 Heating Unit 1 267.02$

2 Hot Pack Covers 5 7.00$

3 Intelect Combination Unit 1 3,211.00$

4 Taping Station 1 2,084.11$

5 Split-Leg Treatment Table 4 929.24$

6 Portable Training Room Combo Table 1 1,058.74$

7 Wall and Base Cabinets w/lock 1 1,452.60$

8 Rebound Trampoline 1 605.61$

9 Whirlpool 1 4,765.02$

10 3"x5yd Ace Wrap 2 10.13$ 49.87$

11 6"x10yd Ace Wrap 2 16.79$

12 TENS Unit Standard 2 36.28$

13 BP Combo Kit 1 22.48$

14 Digital Thermometer 1 2.80$

15 Goniometer 2 4.30$

16 Tuning Fork 2 5.30$

17 Reflex Hammer 1 2.46$

18 Penlights 1 3.83$

19 Facemask Removal Tool 1 22.26$

20 Heat Index Warning 1 89.39$ 108.03$

21 SkyScan Lightning Detector 1 166.87$ 239.90$ 203.42$

22 Transport Kit 1 324.24$

23 Team First Aid Kit 3 50.93$ 68.89$

24 Zoll AED 1 1,441.92$

25 AED Cabinet 1 143.03$

26 Cramer Vacuum Splints 1 426.91$ 513.00$

27 Crutches 3 13.71$

28 Crutches 3 13.71$

29 Aircast Boot S 2 67.47$

30 Aircast Boot M 2 67.47$

31 Aircast Boot L 2 67.47$

32 Sam Splint 2 6.85$

33 Midland Taping Table 1 386.42$

34 Clinton Treatment Table 2 357.44$

35 Sideline Table 1 455.61$

36 Coverlet Cabinet 1 72.93$

37 Theraband Green 1 34.09$ 71.07$

38 Theraband Blue 1 38.56$ 76.12$

39 Theratube Green 1 9.89$

40 Theratube Black 1 12.28$

41 Game Ready Goodwill 1 1,925.00$

42 Ice Machine Cubed 800lb 1 5,985.57$

43 Ice Machine Flake 800 lb 1 3,791.00$

44 Aluminum Ice Scoop 2 8.63$

Mailed to 31 vendors

28 vendors did not respond

Recommend: Motion to award to lowest and best bid as shown.

To be funded through Building Program and GPS for all schools.

06/29/13 1

Bid #3021Tankless Water Heaters

(Roy Waldron)

CompanyTankless Water Heaters with

Storage Tanks

CC Dickson 10,935.41$ Kenny Pipe 9,702.32$ Wholesale Supply Group *$9,395.00

Mailed to 10 vendors *Bidder did not meet bid specifications7 vendors did not respond

Recommend: Motion to award to Kenny Pipe for overall best bid.

To be funded through the Maintenance Department.

06/26/13

95% Group Training for Intervention Instruction Contract 95% Group Training for Intervention Instruction will provide one day of training for the faculties of Wilson Elementary School and Eagleville Elementary School. The training will be held on August 7, 2013, at Wilson Elementary and will provide participants with the knowledge, skills and strategies necessary to implement explicit, systematic and sequential phonics instruction. These comprehensive strategies will be instrumental in helping to identify students needing intervention in reading instruction and then equipping teachers with tools to access and target phonics instruction and intervention. Contract fees (to include materials and all other expenses) will be covered with Title II funds in the amount of $9,971.00 to train 40 teachers. Approve the contract in the amount not to exceed $9,971.00 for the above named trainer to provide training in phonics instruction and intervention for faculties of Wilson and Eagleville Elementary Schools.

July 1, 2013 TN1004-2013-7-3C1

Laurie Kincaid

Reading Intervention Coach

Wilson Elementary

1545 Cut Off Road

Mufreesboro, TN 37129

Ph: (615)904-3840 ext. 28921

Email: [email protected]

Dear Laurie:

We are pleased to have this opportunity to propose support of Wilson and Eagleville Elementary School in their

implementation of Response to Intervention.

Enclosed with this letter is a proposal that outlines a professional development plan, as well as a consulting agreement to

secure this engagement.

Please review each of the enclosed documents carefully, and let us know of any questions you may have or of any

changes that need to be made. In order to hold the dates for this engagement, we will need the signed contract by July 31,

2013. Should a situation arise that requires more time, please call our office to make further arrangements. Please fax the

documents to our office, and then print and sign two (2) originals of the consulting agreement and return both originals to

us. We will countersign the agreement and mail back an original to you.

Thank you for the opportunity to provide this proposal. We look forward to working with you.

Very truly yours,

Jaci Rachke

Client Relations Director

95 Percent Group Inc.

475 Half Day Road

Suite 350

Lincolnshire, IL 60069

Phone: 847-499-8200

Fax: 847-793-0033

www.95percentgroup.com

Education Consulting and Professional Development

95% of students reading at grade level . . . an achievable goal

mailto:[email protected]

CONFIDENTIAL

1 Confidential Proposal Copyright © 2012, 95 Percent Group Inc. Consulting Agreement-Short Form Version 2.15.10

Professional Development Proposal

Prepared for

Wilson Elementary School

Eagleville Elementary School,

Rutherford County Schools

by


July 1, 2013

CONFIDENTIAL

For Use of Wilson and Eagleville Elementary School, Rutherford County Schools Personnel Only

Exhibit A


for Wilson & Eagleville Elementary Schools

Project Scope

Professional Development

95 Percent Group Inc. will provide the following workshop(s) as outlined below:

Date Time Topic

Expected

Number of

Participants* Grade Level(s)

August 7, 2013

8:30-11:30 Teaching the Tough PA Skills

Teaching Blending

14 Grade K-1

August 7, 2013

12:30-3:30 Using the PLL, Basic

Demystifying Multisyllable Words

26 Grade 2-5

*All participants are employees of Wilson or Eagleville Elementary Schools, Rutherford County Schools. Permission from 95 Percent Group is

required for all other participants.

Workshop Description(s):

Teaching the Tough PA Skills

The ability to hear and manipulate sounds in words is a foundation of reading success. Research has supported the

progression model that children’s phonological awareness skills develop from larger units, such as syllables, to smaller

units, such as phonemes. Participants will learn about a continuum of skills, from simple to complex. Presenter will model

and discuss lessons from Blueprint for Intervention: Phonological Awareness Lessons.

Teaching Blending

Teaching Blending: from /k/ /ă/ /t/ to cat in 8 stages helps educators teach students how to transition from reading words

sound-by-sound to reading whole words blended. Participants will learn about a continuum of skills, from simple to

complex. Presenter will model and discuss lessons from Teaching Blending.

Overview of the Phonics Lesson Library, Basic Edition

Presenter will provide an overview of 95 Percent Group’s Phonics Lesson Library, Basic Edition and discuss how to

provide effective phonics instruction using the materials found in the PLL.

Demystifying Multisyllable Words:

Decoding multisyllabic words is an essential skill that has a direct impact on reading accuracy, fluency, and the

comprehension of text. The task of decoding or pronouncing longer words is often a challenge for many students in grades

3 and above. In this session, participants will learn and actively work with a routine designed to help students solve the

mystery of multisyllabic words by recognizing patterns, identifying correct vowel sounds, and applying syllable division

rules.

Travel Estimate

One 1-day trip

Materials

Blueprint for Intervention: ®

series of products

Phonological Awareness Lessons-Guidebook with instructional procedures and lesson plans for 39

phonological awareness and readiness skills, including online access to instructional mats, picture cards, and

shapes

Manipulatives Kit-Pre-printed, laminated and scored picture cards, shapes and mats with plastic carrying case

o 15 copies of PA Lessons@ $62.40 each plus shipping and handling

o 21 PA Kits @ $144 each plus shipping and handling

Teaching Blending

o Teaching Blending from /k/ /a˘/ /t/ to cat in 8 stages™

. Teaching Blending gives educators a solid

framework for coaching students to fluently read words. Many educators report that students struggle

to transition from reading sound-by-sound to reading whole words fluently. Teaching Blending is the

only resource available that addresses blending instruction in simple stages. This flexible product can

be used as a supplement to core instruction or in small groups. 95 Percent Group’s blending

continuum shows the 8 stages used in this product to teach students who are not blending how to read

whole words. Teaching Blending fills a much-needed gap between the phonological awareness and

phonics continuum.

o 4 Teachers Guides are included in this proposal.

Phonics Lesson Library™

, Printed-Basic Phonics Edition

Phonics Lesson Library includes everything needed for weekly phonics intervention lessons. Each lesson

includes the following materials:

o Weekly lesson plan, full color lesson plans with phonics chip movement in each lesson.

o 3 decodable text passages per skill (Teacher and Student Versions)

o Word lists

o Teacher word cards, perforated and scored for easy assembly

o Student word cards for word sort, perforated and scored for easy assembly (printed on color card

stock for easy sorting)

o Fluency Sheets

o Review Grids.

o Basic Phonics Edition (PLL)

The Basic Phonics PLL includes 32 weekly lessons on the following Basic Phonics Skills:

o Skill 2: Short Vowels (6 lessons)

o Skill 3: Blends and Past Tense (8 lessons)

o Skill 4: Digraphs (6 lessons)

o Skill 5: Long Vowels and Phonograms (12 lessons)

o 2 Printed PLL, Basic Edition are included in this proposal.

Multisyllable Routine Cards - Set of instructional routines that enable students to apply their knowledge of

syllable types and divisions in order to read multisyllable words for use with students in Grades 3 and up.

o 35 copies @$69.12 plus shipping and handling are included in this proposal


for Wilson and Eagleville Elementary Schools,


Project Budget

Pricing:

Item Qty Unit Price* Total

Professional Development:

Workshops

One 1-day workshop

K-1 in a.m./ 2 and up in p.m.

1 day

Subtotal $2,000

Travel:

Applicable travel to deliver onsite training $850

Materials:

Blueprint for Intervention: Phonological Awareness Teacher’s Guide 15 $63.70 $955

Blueprint for Intervention: Phonological Awareness Manipulatives Kit 21 $147.00 $3,087

Teaching Blending 4 $42.00 $168

Phonics Lesson Library, Printed-Basic 2 $1,550.00 $3,100

Blueprint for Intervention: Multisyllable Routine Cards 35 $70.56 $2,470

Shipping $978

Subtotal Materials $10,758

Total $13,608

CONFIDENTIAL


Exhibit B

of 95 Percent Group Consulting Agreement Client Data Sheet

Client Information Shipping Information for Training Materials: (Complete if different from Client Contact Information. No P.O. boxes.)

Organization (Contracting Party) Wilson Elementary School

Rutherford County Schools Deliver to Name

Address 1545 Cut Off Road Address

Address Address

City, State, Zip Mufreesboro, TN 37129 City, State, Zip

Website Phone Number

Fax Number

Primary Client Contact Information

(Complete if different from Client Contact Information) Billing Information (Complete if different from Client Information.)

Name Laurie Kincaid State Sales Tax Exempt #

Title Instructional Leader Name

Organization Wilson Elementary School

Rutherford County Schools Organization

Address 1545 Cut Off Road Department

Address Address

City, State, Zip Mufreesboro, TN 37129 Address

Office Phone City, State, Zip

Cell Phone Phone

Fax Number Fax

E-mail Address [email protected] E-mail address

mailto:[email protected]

CONFIDENTIAL


Consulting Agreement

Prepared for

Wilson Elementary School

Eagleville Elementary School,


by


July 1, 2013

CONFIDENTIAL

CONSULTING AGREEMENT

THIS CONSULTING AGREEMENT dated as of July 1, 2013 (the "Agreement"), is entered into between 95

Percent Group Inc. ("Consultant"), whose mailing address is 475 Half Day Road, Suite 350, Lincolnshire, IL 60069

and Wilson Elementary School (Client"), having a primary place of business located at 1545 Cut Off Road,

Mufreesboro, TN 37129. In consideration of the mutual covenants herein contained, the parties hereby agree as

follows:

1. Description of Services. Client hereby retains Consultant to perform consulting services including, but not

limited to, those described in the Proposal dated July 1, 2013, attached hereto as Exhibit A (the “Services”).

Consultant hereby accepts such engagement on the terms and subject to the conditions of this Agreement.

1.1 Consultant shall use reasonable efforts to perform the Services in accordance with this Agreement.

Consultant shall assign professionally qualified personnel to perform such Services and shall perform such

Services in conformance with the highest professional standards and in compliance in all material respects

with all applicable laws and regulations.

1.3 The Services provided under this Agreement are for the sole benefit of Client. The Agreement is not

made for, and shall not benefit or create any right or cause of action in favor of, any person or entity other

than Consultant and Client. No resale of Consultant’s Services (e.g. a “public workshop”) is permitted

without a specific addendum to this Agreement and payment of an applicable fee. No person not employed

by Client shall be allowed to participate in any training delivered pursuant to this Agreement without the

prior written consent of President of Consultant.

1.4 Unless documented in Exhibit A to this Agreement, this engagement shall not be considered a “training

of trainers” project and does not entail any transfer or license of Consultant’s intellectual property.

2. Compensation. In consideration for the Services and Products specified herein, Client shall pay to

Consultant the fees specified and actual expenses estimated in Exhibit A. Such fees and expenses shall be

due and payable by Client upon receipt of Consultant’s invoice. In the event that payment is not received

until 60 or more days from invoice date, Consultant may assess a late payment fee of 2% of the outstanding

balance per month for each month the amount remains unpaid, beginning at 30 days past due. Consultant’s reasonable out-of-pocket travel and other expenses shall include those expenses actually

incurred or paid by Consultant in connection with the Services rendered pursuant to this Agreement. Such

expenses shall be supported by documentary evidence required to substantiate them as income tax

deductions. Copies of receipts will be provided when possible. Expenses may be billed separately from

professional fees.

3. Video or Audio Taping and Electronic Use of Materials. No video or audio taping of Consultant’s

presentation is allowed without the express advance written consent of Consultant, which in most cases will

not be granted. No posting of Consultant’s copyrighted material on any computer system or Internet site is

allowed.

4. Intellectual Property. It is understood and agreed that, unless they are labeled otherwise, all training

materials to be provided to Client training participants are copyright 95 Percent Group Inc. and nothing in

the Agreement shall be deemed to provide for a transfer of any intellectual property rights in any way

whatsoever from Consultant to Client. Materials to be provided to Client are for Client employee

participant use only and may not be copied for or distributed in any way to non-participant Client

employees or others, whether for free or for a fee, without the written permission of 95 Percent Group Inc.

5. Postponement or Cancellation. In the event of a postponement or cancellation of the engagement by

Client, Client will incur a cancellation fee of $250 and shall be responsible for payment of any

unrecoverable costs of Consultant related to such training.

6. Term. The term of this agreement shall commence on the date signed and terminate upon the completion

of Services or the early termination of this Agreement, provided that certain obligations shall survive the

termination of the Agreement.

7. Authorization. The signatories hereto hereby represent that they are duly authorized representatives of

their respective organizations and have necessary approval to enter into this Agreement, and that this

Agreement is effective, binding and enforceable.

8. Indemnification. Each party to this Agreement agrees to hold harmless, defend, and indemnify the other

party against all actions, claims, or demands related to injury, death, loss, or damages, by anyone

whomsoever: (1) where such injury, death, loss, or damage is due to the acts or omissions of their

respective agents, servants, or employees; and (2) where such injury, death, loss, damage, or claim is a

consequence of, or arises in connection with the services provided hereunder.

9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the

State of Illinois, without regard to the conflicts of law principles thereof.

10. Survival. The obligations of Sections 2, 3, 4, and 8 of this Agreement shall survive termination or

expiration of this Agreement.

11. Amendment. No change, modification, extension, termination or waiver of the Agreement, or any of the

provisions herein contained, shall be valid unless made in writing and signed by duly authorized

representatives of the parties hereto.

12. Force Majeure. Neither party shall be held liable or responsible to the other party or be deemed to have

defaulted under or breached the Agreement for failure or delay in fulfilling or performing any term of the

Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes

beyond the reasonable control of the affected party including but not limited to severe weather, delayed or

cancelled airline flights, fires, earthquakes, floods, embargoes, wars, acts of war (whether war is declared

or not), insurrections, riots, civil commotions, strikes, lockouts, acts of God or acts, omissions or delays in

acting by any governmental authority or other party.

13. Entire Agreement. This Agreement, including its attached exhibits and appendices, if applicable,

embodies the entire understanding between the parties and supersedes any prior understanding and

agreements between and among them respecting the subject matter hereof. There are no representations,

agreements, arrangements, or understandings, oral or written, between the parties hereto relating to the

subject matter of the Agreement that are not fully expressed herein.

IF, AT ANY TIME, CLIENT ISSUES A PURCHASE ORDER RELATED TO THIS AGREEMENT,

THE TERMS OF SUCH PURCHASE ORDER SHALL BE IN EFFECT ONLY TO THE EXTENT

THERE IS NO CONFLICT WITH THIS AGREEMENT. IN CASE OF ANY CONFLICT OF TERMS,

THIS AGREEMENT SHALL RULE.

ACCEPTED BY:

Client: _______________________________ 95 Percent Group Inc.

Signature: _______________________________ Signature: ___________________________

Name

(print): _______________________________ Name C. David Hall

Title: _______________________________ Title: Chief Operating Officer

Date: _______________________________ Date: ___________________________

Rutherford County Schools Student Fees Student fees are defined as fees for activities that occur during regular school hours, fees for activities and supplies required to participate in courses offered for credit or grade, fees for copies of student records and/or refundable security deposits collected by a school for use of school property for courses offered for credit or grade. Schools may request fees (if authorized by the Board of Education) but no one may be required to pay fees, regardless of income, for activities and supplies required to participate in courses offered for credit or grade. The Director has submitted a list of fees which, if approved, may be requested for the 2013-2014 school year. Approve the list of school fees permissible to be requested for the 2013-2014 school year.

2013-2014 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 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 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

Contract for Services with SchoolStation The purchase of Evaluate teacher evaluation software for year two is to support principals and better facilitate the teacher evaluation process. The program will be linked to Rutherford County Schools’ teacher in-service opportunities for prescriptive professional development purposes. Recurring year two cost is $27,554.00 for 46 schools, which includes ongoing support and maintenance.

Memorandum of Understanding with Primary Care and Hope Clinic and Volunteer Behavioral Health Care Systems Approve a Memorandum of Understanding with the Primary Care and Hope Clinic and Volunteer Behavioral Health Care System (The Guidance Center) to provide services to underinsured and uninsured students in the Rutherford County / Murfreesboro area. Services will be delivered through scheduled school visits by the Mobile Health Unit, affiliated with Middle TN Medical Center. Parents will be notified of the available dates to schedule a time, and must be present with their child for services.

1

MEMORANDUM OF UNDERSTANDING MOBILE HEALTH UNIT

This Memorandum of Understanding (the "Agreement") is made as of March 23, 2013, but effective as

of July 27,2012, by and between VOLUNTEER BEHAVORIAL HEALTHCARE SYSTEM ("The Guidance Center"), RUTHERFORD COUNTY SCHOOLS ("RCS"), and MIDDLE TENNESSEE MEDICAL CENTER, INC., ("MTMC").

Whereas, the mission of the Volunteer Behavioral Health Care System, hereinafter referred to

as "The Guidance Center", is to service individuals, families and communities through prevention, treatment and recovery services.

Whereas, The Guidance Center desires to provide medical screenings and basic outpatient medical care (the "Mobile Health Services") at various public schools in the county of Rutherford, Tennessee.

Whereas, Middle Tennessee Medical Center, Inc. (the "Hospital") is a Tennessee nonprofit corporation which owns a mobile health unit (the "Mobile Health Unit") capable of traveling to different sites and supporting the provision of the Mobile Health Services.

Whereas, Rutherford County Schools is a governmental entity which operates public schools in the county of Rutherford, Tennessee.

Whereas, the purpose of this letter is to memorialize understanding between The Guidance Center and RCS with regard to The Guidance Center's provision of Mobile Health Services during the Term (as defined below) at various Rutherford City School System (the "School System") sites to be mutually agreed upon by the parties, using the Hospital's Mobile Health Unit.

NOW, THERFORE BE IT RESOLVED, that the parties hereto, for and in consideration of the mutual promises herein contained, hereby agree as follows:

I. Term and Termination. The initial term of this Agreement will be for two (2) years, commencing on July 27, 2012. The term of this Agreement is referred to collectively in this Agreement as the "'Term". Any party may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice to the other parties.

2. Duties of MTMC. During the Term, the MTMC will, at its own cost and expense: (a) maintain the Mobile Health Unit in good working order and make the Mobile Health Unit available to The Guidance Center on an agreed to schedule for the provision of the Mobile Health Services; (b) provide medical supplies, the payment for which will not be made by any third party payor, used in conjunction with the delivery of the Mobile Health Services; develop advertisements and promotional activities, materials and initiatives related to the Mobile Health Services; and (d) collect and dispose of hazardous waste arising from the Mobile Health Services.

3. Duties of The Guidance Center. During the Term, The Guidance Center will, at its own cost and expense: (a) provide Clinical Staff to furnish the Mobile Health Services; at a minimum, The Clinical Staff shall consist of a master's level licensed mental health professional qualified by licensure, experience and

2

training to provide the Mobile Health Services; (b) provide office support staff to assist in the provision of the Mobile Health Services; (c) provide medical supplies, the payment for which will be made by a third party payor, used in conjunction with the delivery of the Mobile Health Services.

4. Duties of RCS. During the Term, RCS will, at its own cost and expense: (a) The Guidance Center with written consents to treatment and such other documents as The Guidance Center deems necessary, in forms reasonably satisfactory to The Guidance Center, executed by the parent or guardian of the unemancipated minors for seeking Mobile Health Services; (b) assist in publicizing the availability of the Mobile Health Services; and (c) provide Health Outreach Coordinator to act as the liaison between The Guidance Center and School System and to provide any support necessary to the effective delivery of services.

5. Policies and Procedures. The parties will develop mutually agreeable policies and procedures governing the provision of the Mobile Health Services. Each party shall cause its employees, agents and subcontractors providing services pursuant to this Agreement to adhere to such policies and procedures.

6. Billing and Revenue from Mobile Health Services. The Guidance Center will bill in its own name for all Mobile Health Services rendered hereunder. All revenue and income resulting from Mobile Health Services rendered by The Guidance Center shall belong to and accrue to the benefit of The Guidance Center, provided that The Guidance Center will not bill the patient or any third party payor for medical supplies provided by the MTMC pursuant to Section 2. The MTMC and the School System shall be entitled to examine and copy, at their sole cost and expense, The Guidance Center's accounting books and records for the Mobile Health Services, during regular business hours, for the purpose of verifying the amounts billed and collected by The Guidance Center for the Mobile Health Services.

7. Medical Records. All medical records of the Mobile Health services shall be the exclusive property of The Guidance Center and The Guidance Center shall be responsible for maintaining such records in accordance with applicable law. All medical records of patients MTMC associates and volunteers serve while utilizing the Mobile Health Unit shall be the exclusive property of MTMC and MTMC shall be responsible for maintaining such records in accordance with applicable law.

8. Comprehensive General Liability Insurance; Workers Compensation; Automobile Liability Insurance. Each of the parties will maintain in full force and effect during the Term, at its own cost and expense: (i) general liability insurance, in the amount of $1,000,000/3,000,000 covering its activities pursuant to this Agreement; and (ii) workers' compensation insurance in the amount required by law covering their respective employees providing services pursuant to this Agreement. The School System will maintain, in full force and effect during the Term, automobile liability insurance in the amount of $100,000/$500,000 covering the activities of its driver pursuant to this Agreement. Each party shall provide proof of such insurance upon another party's request. Such insurance may be provided under a program or programs of self-insurance.

9. Professional Liability Insurance. The Guidance Center will maintain in full force and

effect during the Term, at its own cost and expense, professional liability insurance with minimum limits of $1,000,000 per occurrence and $3,000,000 in the aggregate covering The Guidance Center and the Clinical Staff against errors and omissions arising from patient, professional, medical and nonphysician medical services rendered by The Guidance Center or the Clinical Staff pursuant to this Agreement. The Guidance Center will provide proof of such insurance upon the MTMC's or the School System's request.

I 0. Indemnification. The MTMC agrees to indemnify, defend and hold harmless The

Guidance Center and the School District and their officers, trustees, employees and agents harmless, to the extent permitted by applicable law, from or against loss, injury, damage, liability or expense and expenses (including reasonable attorneys' fees) incurred by reason of any negligent or willful act or failure to act by

3

MTMC, its officers, employees, agents or subcontractors in connection with the performance of this Agreement. The Guidance Center agrees to indemnify, defend and hold harmless the MTMC and the School District and their officers, trustees, employees and agents harmless, to the extent permitted by applicable law, from or against loss, injury, damage, liability or expense and expenses (including reasonable attorneys' fees) incurred by reason of any negligent or willful act or failure to act by The Guidance Center, its officers, employees, agents or subcontractors in connection with the performance of this Agreement. The School District agrees to indemnify, defend and hold harmless the MTMC and The Guidance Center and their officers, trustees, employees and agents harmless, to the extent permitted by applicable law, from or against loss, injury, damage, liability or expense and expenses (including reasonable attorneys' fees) incurred by reason of any negligent or willful act or failure to act by the School District, its officers, employees, agents or subcontractors in connection with the performance of this Agreement. The provisions of this Section I 0 shall survive expiration or other termination of this Agreement, regardless of the cause of such termination.

II. Relationship of the Parties. The parties expressly acknowledge that they are "independent contractors" and nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship or a joint venture relationship.

12. Compliance with Law. The parties will provide services hereunder in compliance with all codes, ordinances, rules, regulations, and requirements of all federal, state, and municipal authorities now in force, or which may hereafter be in force, applicable to the Mobile Health Services.

13. Ethical and Religious Directives. The parties acknowledge that the MTMC is a member of the Ascension Health System and that the operation of the MTMC in accordance with the Ethical and Religious Directives for Catholic Health Care Services promulgated by the United States Conference of Catholic Bishops (the "Ethical and Religious Directives") and the principles and beliefs of the Roman Catholic Church is a matter of conscience to the MTMC. It is the intent and agreement of the parties that neither the Agreement nor any part thereof shall be construed to require the MTMC to violate the Ethical and Religious Directives and that all parts of the Agreement will be interpreted in a manner which is consistent with the Ethical and Religious Directives. Under no circumstances may the MTMC's Mobile Health Unit be used to provide items or services which are inconsistent with the Ethical and Religious Directives.

14. Corporate Responsibility. The MTMC has in place a Corporate Responsibility Plan which has as its goal to ensure that it complies with federal, state and local laws and regulations. The Plan focuses on risk management and the promotion of good corporate citizenship, including a commitment to uphold a high standard of ethical and legal business practices in a manner consistent with the Ethical and Religious Directives. The parties acknowledge the MTMC's commitment to corporate responsibility and agree to conduct all business transactions which occur pursuant to this Agreement in accordance with the underlying philosophy and objectives of corporate responsibility adopted by the MTMC.

15. Referrals. The parties acknowledge that none of the benefits granted hereunder are conditioned on any requirement that either party or any physician providing services to or on behalf of such party make referrals to, be in a position to make or influence referrals to, or otherwise generate business for the other party.

16. Financial Obligations. No party may incur any financial obligation on behalf of another party without the prior written approval of the other party.

17. Notices. All notices, consents, waivers, and other communications required or

permitted by the Agreement shall be in writing and shall be deemed given to a party when (a) delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); or (b) received or rejected by the addressee, if sent by certified mail, return receipt requested, in each case to the

4

following addressees and marked to the attention of the person (by name or title) designated below (or to such other address or person as a party may designate by notice to the other parties):

Ifto The Volunteer Behavioral Health Care System Guidance 2126 Thompson Lane Center: Murfreesboro, TN 37129

Attn: Director

If to RCS: Rutherford County School System 2240 Southpark Drive Murfreesboro, TN 37128 Attn: Director of Schools

If to MTMC: Middle Tennessee Medical Center, Inc.

1700 Medical Center Parkway Murfreesboro, TN 37129 Attn: President and CEO

With a copy: Saint Thomas Health

I 02 Woodmont Blvd .. Suite 800 Nashville, TN 37205 Attn: Contract Administration

18. Miscellaneous. This Agreement shall not be modified or amended except by a writing

duly executed by each of the parties. No waiver of any provision of this Agreement shall be effective unless the waiver is in writing and duly executed by each of the parties. The waiver by a party of the breach of any provision of this Agreement by another party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision hereof by that party. The provisions of this Agreement shall be severable, and the invalidity of any provisions or portions thereof shall not affect the validity of the other provisions. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.

AGREED TO AND ACCEPTED BY IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be effective as the date first above written.

AGREED TO AND ACCEPTED BY:

VOLUNTEER BEHAVIORAL HEALTH CARE SYSTEM

RUTHERFORD COUNTY SCHOOL SYSTEM

By: Title: Administrator Date:

By: Title: Director Date:

MIDDLE TENNESSEE MEDICAL CENTER, INC.

By: Title: President and CEO Date:

MEMORANDUM OF UNDERSTANDING

MOBILE HtsALTH UNIT

This Memorandum of Understanding (the "Agreement") is made as of , 2013, buteffective as of 2013. bv and between THE PRIMARY CARE AND HOPE CLINIC ("The

Clinic"), RUTHERFORD COUNTY SCHOOL BOARD OF EDUCATION ("RCS"), and MIDDLETENNESSEE MEDICAL CENTER. INC., ("MTMC").

Whereas, The Primary Care and Hope Clinic, hereinafter referred to as "The Clinic", seeks to providemedical care to the underinsured and the uninsured residents of the Murfreesboro. Tennessee area.

Whereas. The Clinic desires to provide medical screenings and basic outpatient medical care (the"Mobile Health Services") at various public schools in the county of Rutherford, Tennessee.

Whereas, Middle Tennessee Medical Center, Inc. (the "MTMC") is a Tennessee nonprofit corporationwhich owns a mobile health unit (the "Mobile Health Unit") capable of traveling to different sites andsupporting the provision of the Mobile Health Services.

Whereas, Rutherford County School Board of Education is a governmental entity which operates publicschools in Rutherford County, Tennessee.

Whereas, the purpose of this letter is to memorialize understanding between The Clinic and RCS withregard to The Clinic's provision of Mobile Health Services during the -lerm (as defined below) at variousRutherford County School System (the "School System") sites to be mutually agreed upon by the parties, usingthe MTMC's Mobi le Health Unit .

NOW, THERFORE BE lT RESOLVED, thatthe parties hereto, forand in consideration of the mutualpromises herein contained, hereby agree as follows:

l. Term and Termination. The initial term of this Agreement will be for one (l) year,commencing on April 29,2013. The term of this Agreement is referred to collectively in this Agreement as the"Tenn". Any party may terminate this Agreement. with or without cause, upon thirty (30) days prior writtennotice to the other parties.

2. Duties of MTMC. During the Term, the MTMC will, at its own cost and expense: (a)maintain the Mobile Health Unit in good working order and make the Mobile Health Unit available to the Clinicon an agreed to schedule for the provision of the Mobile Health Services; (b) provide medical supplies, thepayment for which will not be made by any third party payor. used in conjunction with the delivery ofthe Mobile Health Services; develop advertisements and promotional activities, materials and initiativesrelated to the Mobile Health Services; and (d) collect and dispose of hazardous waste arising from the MobileHealth Services.

3. Duties of Clinic. During the Term, the Clinic will, at its own cost and expense: (a)provide Clinical Staff to furnish the Mobile Health Services; at a minimum, the Clinical Staff shall consist of anurse practitioner and/or physician and an LPN qualified by licensure. experience and training to provide theMobile Health Services;(b) provide office support staff to assist in the provision of the Mobile Health Services;(c) provide medical supplies, the payment for which will be made by a third party payor, used in conjunctionwith the delivery of the Mobile Health Services; (d) schedule appointments for the Mobile Health Services.

4. Duties of RCS. During the Term, the School System will, at its own cost andexpense: (a) provide the Clinic with written consents to treatment and such other documents as TheClinic deems necessary, in forms reasonably satisfactory to The Clinic, executed by the parent orguardian of the unemancipated minors for seeking Mobile Health Services; (b) assist in publicizing theavailability of the Mobile Health Services; (c) permit the a Health Outreach Coordinator to act as theliaison between The Clinic and School System and to provide any support necessary to the effectivedelivery of services; (d) permit the utilization of appropriately licensed MTMC clinical volunteers toassist with the provision of Mobile Health Services; allowing the Coordinator to act as a liaisonbetween the clinic volunteers and School System.

5. Policies and Procedures. The parties will develop mutually agreeable policies andprocedures governingthe provision of the Mobile Health Services. Each party shall cause its employees, agentsand subcontractors providing services pursuant to this Agreement to adhere to such policies and procedures.

6. Bill ing and Revenue from Mobile Health Services. The Clinic will bill in its own namefor all Mobile Health Services rendered hereunder. All revenue and income resulting from Mobile HealthServices rendered by the Clinic shall belong to and accrue to the benefit of the Clinic, provided that the Clinicwill not bill the patient or any third party payor for medical supplies provided by the MTMC pursuant to Section2. The MTMC and the School System shall be entitled to examine and copy, at their sole cost and expense, theClinic's accounting books and records for the Mobile Health Services. during regular business hours. for thepurpose of verifying the amounts billed and collected by the Clinic for the Mobile Health Services.

7. Medical Records. All medical records of the Mobile Health services shall be theexclusive property of the Clinic and the Clinic shall be responsible for maintaining such records in accordancewith applicable law. AII medical records of patients MTMC associates and volunteers serve while utilizing theMobile Health Unit shall be the exclusive property of MTMC and MTMC shall be responsible for maintainingsuch records in accordance with applicable law.

8. Comprehensive General Liabilit,v Insurance: Workers Compensation. Each of theparties will maintain in full force and effect during the Term, at its own cost and expense: (i) general liabilityinsurance, in the amount of $1,000.000/3,000,000 covering its activities pursuant to this Agreement; and (ii)workers' compensation insurance in the amount required by law covering their respective employees providingservices pursuant to this Agreement. The School System will maintain, in full force and effect during the Term,automobile liability insurance in the amount of $100,000/$500,000 covering the activities of its driver pursuantto this Agreement. Each party shall provide proof of such insurance upon another party's request. Suchinsurance may be provided under a program or programs of self-insurance.

9. Professional Liabilitv Insurance. The Clinic will maintain in full force and effectduring the Term, at its own cost and expense, professional liability insurance with minimum limits of$1,000,000 per occurrence and $3,000,000 in the aggregate covering the Clinic and the Clinical Staff againsterrors and omissions arising from patient, professional, medical and nonphysician medical services rendered bythe Clinic or the Clinical Staff pursuant to this Agreement. The Clinic will provide proof of such insurance uponthe MTMC's or the School System's re<luest.

10. Indemnification. The MTMC agrees to indemnify, defend and hold harmless the Clinicand the School District and their officers, trustees, employees and agents harmless, to the extent permitted byapplicable law, from or against loss, injury, damage, liability or expense and expenses (including reasonableattomeys' fees) incurred by reason of any negligent or willful act or failure to act by MTMC, its officers,employees, agents or subcontractors in connection with the performance of this Agreement. The Clinic agrees toindemnify, defend and hold harmless the MTMC and the School District and their officers, trustees, employees

and agents harmless, to the extent permitted by applicable law. from or against loss, injury, damage, liability orexpense and expenses (including reasonable attorneys' fees) incurred by reason ofany negligent or willful act orfailure to act by the Clinic, its officers, employees, agents or subcontractors in connection with the performanceof this Agreement. The School District agrees to indemnify, defend and hold harmless the MTMC and the Clinicand their officers, trustees, employees and agents harmless, to the extent permitted by applicable law, from oragainst loss, injury, damage, liability or expense and expenses (including reasonable attorneys'fees) incurred byreason of any negligent orwillful act or failure to act by the School District, its officers, employees, agents orsubcontractors in connection with the performance of this Agreement. The provisions of this Section 10 shallsurvive expiration or other termination of this Agreement, regardless of the cause of such termination.

l t . Relationship of the Parties. The parties expressly acknowledge that they are"independent contractors" and nothing in this Agreement is intended nor shall be construed to create anemployer/employee relationship or a joint venture relationship.

12. Compliance with Law. The parties will provide services hereunder in compliance withall codes, ordinances, rules, regulations, and requirements of all federal, state, and municipal authorities now inforce, or which may hereafter be in force, applicable to the Mobile Health Services.

13. Ethical and Religious Directives. The parties acknowledge that the MTMC is amember of the Ascension Health System and that the operation of the MTMC in accordance with the Ethicaland Religious Directives for Catholic Health Care Services promulgated by the United States Conference ofCatholic Bishops (the "Ethical and Religious Directives") and the principles and beliefs of the Roman CatholicChurch is a matter of conscience to the MTMC. It is the intent and agreement of the parties that neither theAgreement nor any part thereof shall be construed to require the MTMC to violate the Ethical and ReligiousDirectives and that all parts of the Agreement will be interpreted in a manner which is consistent with theEthical and Religious Directives. Under no circumstances may the MTMC's Mobile Health Unit be used toprovide items or services which are inconsistent with the Ethical and Religious Directives.

t4 . Corporate Responsibility. The MTMC has in place a Corporate Responsibility Planwhich has as its goal to ensure that it complies with federal, state and local laws and regulations. The Planfocuses on risk management and the promotion of good corporate citizenship, including a commitment touphold a high standard of ethical and legal business practices in a manner consistent with the Ethical andReligious Directives. The parties acknowledge the MTMC's commitment to corporate responsibility and agreeto conduct all business transactions which occur pursuant to this Agreement in accordance with the underlyingphilosophy and objectives of corporate responsibility adopted by the MTMC.

15 . Referrals. The parties acknowledge that none of the benefits granted hereunder areconditioned on any requirement that either party or any physician providing services to or on behalf of suchparty make referrals to, be in a position to make or influence referrals to, or otherwise generate business for theother party.

16 . Financial Obligations. No party may incur any financial obligation on behalf of anotherparty without the prior written approval of the other party.

17 . Notices. All notices, consents, waivers, and other communications required orpermitted by the Agreement shall be in writing and shall be deemed given to a party when (a) delivered to theappropriate address by hand or by nationally recognized overnight courier service (costs prepaid); or (b)received or rejected by the addressee, if sent by certified mail, return receipt requested, in each case to thefollowing addressees and marked to the attention of the person (by name or title) designated below (or to suchother address or person as a party may designate by notice to the other parties):

If to Clinic: The Primary Care and Hope Clinic1450 A Hope WayMurfreesboro. TN 37129Attn: CEO

If to RCS: Rutherford County School Board of Education2240 Southpark Blvd.Murfreesboro, TN 37127Attn: Director of Schools

If to MTMC: Middle Tennessee MedicalCenter, Inc.1700 Medical Center ParkwayMurfreesboro, TN 37129Attn: President and CEO

With a coov: Saint Thomas Health102 Woodmont Blvd., Suite 800Nashvi l le. TN 37205Attn: Contract Administration

18. Miscellaneous. This Agreement shall not be modified or amended except by a writingduly executed by each of the parties. No waiver of any provision of this Agreement shall be effective unless thewaiver is in writing and duly executed by each of the parties. The waiver by a party of the breach of anyprovision of this Agreement by another party shall not operate or be construed as a waiver of any subsequentbreach of the same or any other provision hereof by that party. The provisions of this Agreement shall beseverable, and the invalidity of any provisions or portions thereof shall not affect the validity of the otherprovisions. This Agreement shall be governed by and construed in accordance with the laws of the State ofTennessee.

AGREED TO AND ACCEPTED BY IN WITNESS WHEREOF. the oarties hereto have entered intothis Agreement to be effective as the date first above written.

AGREED TO AND ACCEPTED BY:

PRIMARY CARE AND HOPE CLINIC RUTHERFORD COUNTY SCHOOLBOARD OF EDUCATION

By:Title: Administrator Tit le: Director

Date:Date:

MIDDLE TENNESSEE MEDICAL CENTER, INC.

Title: President and CEODate:

By:

By:

1

BY-LAWS

OF

STEWARTS CREEK HIGH SCHOOL BASEBALL BOOSTERS

ORGANIZATION

ARTICLE I

NAME AND NATURE OF CORPORATION

Section 1: Name

The name of this organization is the Stewarts Creek High School Baseball Boosters, also referred to as

Stewarts Creek Baseball Boosters.

Section 2: Nature of Corporation The organization is a nonprofit corporation formed under the Tennessee Nonprofit Corporation Act as a

“School Support Organization” or SSO in the state of Tennessee and is organized and shall be operated

in accordance with the meaning and provisions of Section 501(c)(3) of the Internal Revenue Code and

the regulations issued thereunder.

ARTICLE II

PURPOSE AND FUNCTION

Section 1: Purpose and Function

The Stewarts Creek Baseball Boosters is organized exclusively for charitable and educational purposes,

including for such purposes, the making of distributions to organizations that qualify as exempt

organizations under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any

future tax code. The organization’s purpose and function is to encourage, promote, and provide financial

support for the baseball programs at Stewarts Creek High School.

ARTICLE III

BASIC POLICIES

Section 1

The organization shall be non-commercial, nonsectarian, and nonpartisan.

Section 2

The name of the organization or the names of the members in their official capacities shall not be used

in connection with a commercial concern or with any partisan interests.

Section 3

The organization shall cooperate with the school in ways that will not interfere with the administration

of the school and not subordinate, control, or otherwise undermine the authority and/or decisions of

school personnel.

Section 4

The organization is not formed for pecuniary or financial gain, and no part of the assets, income, or

profit of the organization is distributed to, or inures to the benefit of its members or officers.

2

Section 5

The organization is subject to the policies of the Rutherford County Board of Education and Stewarts

Creek High School regarding booster organizations, and such policies and procedures will be followed.

ARTICLE IV

MEMBERSHIP AND DUES

Section 1 Membership shall be open to any person who subscribes to the purpose and function of the organization,

subject only to compliance with the provisions of these by-laws.

Section 2

Annual dues, membership levels, and privileges for membership shall be determined by the Executive

Committee at their first meeting of the year.

ARTICLE V

OFFICERS AND ELECTIONS

Section 1: Officers The officers of the organization shall consist of a President, Vice-President, Secretary, and Treasurer.

Section 2: Elections

a. Initial officers shall be elected at the first meeting after the booster club has been approved by

the school board.

b. Each subsequent year, officers will be nominated and elected at the May general meeting by the

general membership. If any officer positions remain vacant after the May meeting, a nominating

committee, appointed by the Executive Committee, will seek out interested nominees.

c. Only those nominated persons who have signified their consent to serve if elected shall be

considered for election.

d. A vacancy occurring in an office shall be filled by the Executive Committee for the fulfillment of

the unexpired term.

ARTICLE VI

DUTIES OF OFFICERS

Section 1: President a. Shall preside at all meetings of the organization as well as Executive Committee meetings.

b. Shall perform such other duties as prescribed in these by-laws or as assigned by the Executive

Committee.

c. Shall appoint committees and committee chairpersons.

d. Shall ensure compliance with the rules, regulations, and policies of the Rutherford County

School Board and Stewarts Creek High School regarding booster organizations.

Section 2: Vice-President a. Shall have such powers and perform such duties as delegated by the President.

b. In the absence or disability of the President, shall perform the duties and exercise the powers of

the President.

3

Section 3: Secretary

a. Shall keep minutes of all general and Executive Committee meetings.

b. Shall keep such other records as directed by the Executive Committee.

c. Shall keep a database of past and present members.

d. Shall perform all the duties usually incident to the office of Secretary, subject to the control of

the Executive Committee.

Section 4: Treasurer a. Shall keep the financial records of the club, collect dues, and authorize payment upon approval

of the Executive Committee.

b. Shall receive all monies of the organization.

c. Shall perform all the duties usually incident to the office of the Treasurer, subject to the control


d. Shall present a statement of accounts at every meeting of the organization and every meeting of


e. Shall, at the end of each fiscal year, prepare a year-end financial statement for review by the

members of the organization.

f. Shall submit to the school bookkeeper appropriate monthly and annual financial statements

(including bank statements and cancelled checks).

ARTICLE VII

MEETINGS

General Meetings of the organization shall be held monthly with dates and times to be fixed by the

Executive Committee at the year’s first meeting. Additional meetings shall be called at the discretion of

the Executive Committee. A quorum is present in any meeting in which reasonable notification is given

to interested parties.

ARTICLE VIII

EXECUTIVE COMMITTEE

Section 1: Executive Committee The Executive Committee shall be composed of the elected officers.

Section 2: Duties of the Executive Committee

The duties of the Executive Committee shall be:

a. To transact necessary business in the intervals between regular meetings and such other business

as may be referred to it by the membership.

b. To approve the plans of work of any committees.

c. To present a report at the regular meetings of the organization.

d. To approve routine bills, within the limits of the budget.

Section 3: Guidance from School Officials The duty of the Executive Committee shall be, through the suggestions of the principal and school

personnel, to determine the needs of the school, and applicable programs within the school, so as to

attain the objectives set forth in Article II.

4

Section 4: Executive Committee Meetings Regular meetings of the Executive Committee shall be held monthly, or at the time to be fixed by the

committee at its first meeting of the year. A majority shall constitute a quorum. A special meeting of

the Executive Committee may be called by the President or a majority of the members of the committee.

ARTICLE IX

AMENDMENTS

These by-laws may be amended at any regular meeting of the organization by a two-thirds (2/3)

affirmative vote of the members present, provided due notice of the proposed amendment(s) has been

given in writing to members at least seven (7) days prior to the meeting.

ARTICLE X

PARLIAMENTARY AUTHORITY

Robert’s Rules of Order shall be the authority on all questions of procedure not specifically stated in

these by-laws.

ARTICLE XI

DISSOLUTION CLAUSE

If the organization is dissolved or ceases to exist, the money and assets of the organization shall be

distributed to Stewarts Creek High School in accordance with current Internal Revenue codes.

Officer_________________________________ Date___________________

Officer_________________________________ Date___________________

1

BY-LAWS

OF

STEWARTS CREEK HIGH SCHOOL FOOTBALL BOOSTERS

ORGANIZATION

ARTICLE I


Section 1: Name

The name of this organization is the Stewarts Creek High School Football Boosters, also referred to as

Stewarts Creek Football Boosters.





ARTICLE II



The Stewarts Creek Football Boosters is organized exclusively for charitable and educational purposes,




support for the football program at Stewarts Creek High School.

ARTICLE III

BASIC POLICIES

Section 1


Section 2



Section 3



school personnel.

Section 4



2

Section 5



ARTICLE IV

MEMBERSHIP AND DUES



Section 2



ARTICLE V





the school board.







the unexpired term.

ARTICLE VI

DUTIES OF OFFICERS



Committee.






the President.

3


















ARTICLE VII

MEETINGS





ARTICLE VIII

EXECUTIVE COMMITTEE












4




ARTICLE IX

AMENDMENTS




ARTICLE X



these by-laws.

ARTICLE XI

DISSOLUTION CLAUSE



Officer_________________________________ Date___________________

Officer_________________________________ Date___________________

1

BY-LAWS

OF

STEWARTS CREEK HIGH SCHOOL MUSIC BOOSTERS

ORGANIZATION

ARTICLE I


Section 1: Name

The name of this organization is the Stewarts Creek High School Music Boosters, also referred to as

Stewarts Creek Music Boosters.





ARTICLE II



The Stewarts Creek Music Boosters is organized exclusively for charitable and educational purposes,




support for the music programs at Stewarts Creek High School.

ARTICLE III

BASIC POLICIES

Section 1


Section 2



Section 3



school personnel.

Section 4



2

Section 5



ARTICLE IV

MEMBERSHIP AND DUES



Section 2



ARTICLE V





the school board.







the unexpired term.

ARTICLE VI

DUTIES OF OFFICERS



Committee.






the President.

3


















ARTICLE VII

MEETINGS





ARTICLE VIII

EXECUTIVE COMMITTEE












4




ARTICLE IX

AMENDMENTS




ARTICLE X



these by-laws.

ARTICLE XI

DISSOLUTION CLAUSE



Officer_________________________________ Date___________________

Officer_________________________________ Date___________________