upper perkiomen school district · 2020-06-24 · board workshop – june 25, 2020 page 2 of 4...

Board Workshop – June 25, 2020 of 4

UPPER PERKIOMEN SCHOOL DISTRICT

BOARD WORKSHOP

VIRTUAL June 25, 2020 – 7:00 p.m.

AGENDA

I. CALL TO ORDER a. Pledge of Allegiance b. Roll Call

II. APPROVAL OF MINUTES

a. Motion to approve the May 28, 2020 Board Workshop Minutes (Attachment A)

III. PRESENTATIONS a. Upper Perkiomen Health & Safety Plan for Reopening – Dr. Roche & Dr. Farina b. Athletic Health & Safety Return to Play Plan - Mr. Bobby Kurzweg

IV. PUBLIC COMMENTS ON AGENDA ITEMS

V. PERSONNEL a. RETIREMENTS

i. Anne Hodges, 1st Grade Teacher, Hereford Elementary, intent to retire at the conclusion of the 2019-2020 school year.

b. RESIGNATIONS i. Tamara Southerling, School Psychologist, Middle School, resigned her

employment with the district, effective August 10, 2020. ii. Lynne MaCort, Staff Nurse, Marlborough Elementary, resigned her employment

with the district, effective June 16, 2020. iii. Melanie Carra, Paraprofessional, High School, resigned her employment with the

district, effective June 16, 2020. iv. Lisa Burdick, Reading Specialist at the 4th and 5th Grade Center resigned her

employment with the district effective, June 16, 2020.

c. APPOINTMENTS i. PROFESSIONAL

1. Curriculum Writers for the 2019-2020 school year:

Name Course/Grade Level Contract Type

Kathleen Rambo

6th Grade ELA Core $450 Shared Writing, payment should have been $900 each, last board agenda item provided $450 in payment. This adjustment is to pay the additional $450 owed.



Alicia Mata 9th Grade Western Civilization

$450 Shared Writing, payment should have been $900 each, last board agenda item provided $450 in payment. This adjustment is to pay the additional $450 owed.

Hillary Miller

6th Grade ELA Core $450 Shared Writing, payment should have been $900 each, last board agenda item provided $450 in payment. This adjustment is to pay the additional $450 owed.

2. Mentors for the 2019-2020 school year:Brianna Wolfgang Rachel Schmeckenbecher MS/HS Heather Shelly Kim Parkins 4&5 Grade Center

3. Curriculum Writer for the 2020-2021 school year:Name Course/Grade Level Contract Type

Kim Diffenderfer 4th Social Studies $900 (50%) New

4. Curriculum Assistants for the 2020-2021 school year:Department Building First Name Last Name Pay

Elementary HFD Amber Andersen (50%) $637.50

Special Education MS Melissa Swope $1,275.00

VI. ACTION ITEMSa. Motion to approve the Athletic Health & Safety Return to Play Plan. (Attachment B)

b. Motion to approve the Resolution Calling for Charter School Funding Reform.(Attachment C)

c. Between this meeting and the next meeting of the Board scheduled for August 13, 2020,the Board of School Directors authorizes the Superintendent to take action on behalf ofand in the name of the District for the following purposes:

i. Hiring of teachers and other administrative employees for open budgetedpositions where the failure to hire prior to August 13, 2020, could impair theability of the District to attract the best candidates for such open and budgetedpositions; and

ii. Pay District bills to the extent that the payments reflect a budgeted expense. Anyaction taken by the Superintendent in accordance with this authorization shall bedeemed to be the action of this Board. Such action shall be confirmed by theBoard at the August 13, 2020, Board meeting.

d. Motion to approve a one year Compensation Plan for the Confidential AdministrativeSupport Staff, beginning July 1, 2020 and expiring June 30, 2021. (Attachment D)



e. Motion to approve a one-year Compensation Plan for the Administrative Support Staff, beginning July 1, 2020 and expiring June 30, 2021. (Attachment E)

f. Motion to approve a one-year compensation plan for the Maintenance and Custodial Staff, beginning July 1, 2020 and expiring, June 30, 2021. (Attachment F)

g. Motion to approve a one-year Compensation Plan for the Act 93 Administration,

beginning July 1, 2020 and expiring June 30, 2021. (Attachment G)

h. Motion to approve Mr. James McFadden for a one-year Contract in the role of School Security Officer, effective July 1, 2020 and expiring on June 30, 2021. (Attachment H)

i. Motion to approve Waiver Agreement and Release between Upper Perkiomen School District and Student #267245 for reimbursement of attorney’s fees and costs in the amount of $5,000.

j. Motion to approve a 48 month HP lease agreement in the amount of $56,552.55/yr, the supplier is Lantek for 325 ProBooks for 9th grade. (Attachment I)

k. Motion to approve the Crossing Guard Services Agreement with Everything Parking, Inc. d/b/a/Cross Safe for the 2020-2021 school year. (Attachment J)

l. Motion to award district mowing and grounds maintenance services from July 1, 2020 to June 30, 2021 to Mitchell Outdoor Services for a cost of $2,985 per cut. The School District reserves the option to renew the contract for two (2) additional one-year terms with a two (2) percent price increase in each year.

m. Motion to approve Deduct Change Order PC-003 with Frey Lutz Corporation in the

amount of $59,779.23. This credit change order is to reimburse the School District for unused amounts in accordance with the provisions of Specification Section 012129 “Quantity/Material Allowances”, paragraph 1.3C.

n. Motion to approve Deduct Change Order HC-004 with Boro Developers, Inc in the amount of $17,103.92. This credit change order is to reimburse the School District for unused amounts in accordance with the provisions of Specification Section 012129 “Quantity/Material Allowances”, paragraph 1.3C.

VII. COMMITTEE REPORTS

a. Special Education & Pupil Services Committee – Judy Maginnis b. Curriculum & Instruction Committee – Dr. Kerry Drake c. Facilities Committee – Melanie Cunningham d. Finance Committee – Melanie Cunningham e. Policy Committee – Raeann Hofkin



f. Communication Committee – Mike Elliott g. Western Montgomery Career & Technology Center – Stephen Cunningham h. Montgomery County Intermediate Unit – Judy Maginnis i. Legislative Liaison Report – Peg Pennepacker j. Upper Perkiomen Education Foundation – Mike Elliott k. Regional Planning Commission Representative – Dana Hipszer

VIII. PUBLIC COMMENTS

IX. ADJOURNMENT

Attachment A UPPER PERKIOMEN SCHOOL DISTRICT

2229 East Buck Road Pennsburg PA 18073

BOARD WORKSHOP May 28, 2020

CALL TO ORDER The Board Workshop of the Board of School Directors of the Upper Perkiomen School District was called to order by President Raeann B. Hofkin, at 7:06 p.m. as a virtual on-line meeting. The following Board members attended: Peg Pennepacker, Dr. Kerry A. Drake, Melanie R. Cunningham, Keith McCarrick, Raeann B. Hofkin, Mike W. Elliott, Judy Maginnis, Dana E. Hipszer, and Stephen L. Cunningham. Administration in attendance were: Allyn Roche, EdD., Andrea Farina, EdD., Sandra M. Kassel, and Georgiann Fisher. Others in attendance were: Kyle Somers and Dyan Hipszer.

APPROVAL OF MINUTES Motion by Keith McCarrick, seconded by Stephen L. Cunningham, to approve the February 27, 2020, Board Workshop Minutes (Attachment A). Motion carried; all voted aye.

PUBLIC COMMENTS ON AGENDA ITEMS None

PERSONNEL Motion by Stephen L. Cunningham, seconded by Keith McCarrick, to approve the Personnel Report as presented:

a. APPOINTMENTSi. EXTENDED SCHOOL YEAR PROFESSIONAL EMPLOYEES, for a maximum of 63

hours for the 2019-2020 school year. Rate of pay based upon professional contract.Name Position Shannon Noska Teacher Brenda Stephenson Teacher Heather Shelly Teacher Kelly Gruber Teacher James Crognale Teacher Brian Sirocka Teacher Tara Purcell Teacher Vaune Klepac Teacher (substitute)

ii. EXTENDED SCHOOL YEAR- INSTRUCTION IN THE HOMEName Position Jamye Keiser Teacher

b. LEAVE OF ABSENCEi. Stephanie Diehl, approve FAMILY MEDICAL LEAVE, approximately October 23, 2019,

and an unpaid extension until her return to work on May 6, 2020.

Motion carried; all voted aye.

Board Workshop, May 28, 2020

ACTION ITEMS A. Motion by Stephen L. Cunningham, seconded by Keith McCarrick, to approve a

Proclamation from the Upper Perkiomen Board of School Directors to the Class of2020 graduates. (Attachment B). Motion carried; all voted aye.

B. Motion to approve the attached resolution which establishes the rates of discounts andpenalties on the payment of taxes for the 2020-2021 fiscal year. (Attachment C). Motioncarried; all voted aye.

C. Motion to approve the Real Estate Universal Installment Payment Plan Resolution,which allows payment of school real estate property taxes on an installment basis for allproperties. This Resolution reduces the penalty rate for late payments made during the2020-2021 fiscal year. (Attachment D). Motion carried; all voted aye.

COMMITTEE REPORTS a. Special Education & Pupil Services Committee – Judy Maginnis

Mrs. Maginnis reported that the next meeting was scheduled for June 8, 2020.

b. Curriculum & Instruction Committee – Dr. Kerry DrakeDr. Drake reported that the next meeting was scheduled for June 8, 2020.

c. Facilities Committee – Melanie CunninghamMrs. Cunningham announced how all of the fields, courts and playgrounds at all the district

buildings are still closed.Mrs. Cunningham reported that at the last meeting they discussed each building and the

facility issues at those locations. She thanked the custodians for checking on the buildingsduring the closure. She reported that the district has scaled back mowing, talked about securitypersonnel and discussed the critical project lists.

Mrs. Cunningham said at the high school they are working on the tennis court surface issue,the chiller and the pool valve repair. For the middle school the committee talked about thepunch list and reported that the district received $150,000 for the MONTCO 2040 Grant for theoffsite walkways which was in collaboration with Upper Hanover Township.

At the 4th & 5th Grade Center they discussed the auditorium floor issue, and that the Districtwas working on the parent pick-up and drop-off. For Hereford and Marlborough the discussionwas about what would be needed for full-day kindergarten at the buildings. The next meetingwas scheduled for June 18, 2020.

d. Finance Committee – Melanie CunninghamMrs. Cunningham reported that at the May 7th Board meeting the proposed budget was passed.She said that at the last Finance meeting they discussed revenue sources, tax increases andthat because of the STEB ratio the tax increase is 3.48% even though a 0% millage increasewas agreed on. Mrs. Cunningham said they talked about expenses and reimbursements. Shesaid they discussed the tax bills and how the committee would like to do what is best to help thecommunity. She thanked Upper Hanover for the MONTCO 2040 Grant. Mrs. Cunninghamapplauded the Board and the Finance Committee for not making any program cuts. The nextmeeting is scheduled for June 15, 2020.

e. Policy Committee – Raeann HofkinMrs. Hofkin reported that at the May 18 Policy committee meeting they reviewed severalpolicies and they would be listed in the Board update for the Board to read. The next meeting isscheduled for June 15, 2020.

Board Workshop, May 28, 2020

f. Board Communication Line/Communication Committee – Mike ElliottMr. Elliott reported that there has not been a meeting, but hopes to have one scheduled soon.

g. Western Montgomery Career & Technology Center – Stephen CunninghamMr. Cunningham reported that the WMCTC budget was passed at the last meeting and theytalked about graduation plans. The next meeting is scheduled for June 1, 2020.

h. Montgomery County Intermediate Unit – Judy MaginnisMrs. Maginnis reported that the MCIU met twice that month. Mrs. Maginnis said that Dr. ReginaPalubinsky was named as the new MCIU Executive Director, she will begin her duties on July 1.She also said they received updates on the employee compensation plans, and the constructionproject.

i. Legislative Liaison Report – Peg PennepackerMs. Pennepacker reported on some of the topics that were covered in the meeting. She talkedabout the Taxpayer’s Relief Fund bill, and the charter school reform. Ms. Pennepackerexplained how this is not an anti-charter school bill but that schools feel the funding formulaneeds to be changed. She said that many schools are signing the resolution and Dr. Rochesaid that he will include information in the Board update.

j. Upper Perkiomen Education Foundation – Mike ElliottMr. Elliott reported that with the help of the Upper Perkiomen Chamber of Commerce, they wereable to raise funds to provide yard signs to recognize the Upper Perkiomen High SchoolSeniors.

k. Regional Planning Commission Representative – Dana HipszerMr. Hipszer said that a meeting was held the evening before. He reported that eachmunicipality gave updates on how they were managing the conducting of business during theCOVID restrictions. Mr. Hipszer said participants at the meeting that were parents orgrandparents of Upper Perkiomen students all had positive comments about the At-HomeLearning experience. .

PUBLIC COMMENTS None

BOARD COMMENTS Peg Pennepacker said that her, Dana Hipszer and Mike Elliott are still planning on the Extra-Curricular Committee but decided to wait until the fall for a meeting. They will work on collaborating the mission statement. A meeting was scheduled for September 3, 2020. Peg Pennepacker also commented on the Safe Schools Grant money and the PIAA return to play.

Judy Maginnis asked why there were not any nurses on the task force. Mike Elliott, gave kudos to the students and teachers for successfully completing the year.

ADJOURNMENT Motion by Stephen L. Cunningham, seconded by Keith McCarrick, to adjourn the meeting at 8:00 pm. Motion carried; all voted aye.

Sandra M. Kassel, Board Secretary

ATHLETIC HEALTH AND SAFETY PLAN Summer Voluntary Workout Upper Perkiomen School District

OverviewCOVID-19 is a highly contagious virus that affects the respiratory system and can spread from person to person. The virus that causes COVID-19 is a new coronavirus that has spread throughout the world. Virus symptoms can range from mild (or no symptoms) to severe illness that could require hospitalization. COVID-19 can affect people of all ages.

An individual can become infected by coming into close contact (about 6 feet or two arm lengths) with a person who has COVID-19 since the virus is primarily spread from person to person. Infection occurs from respiratory droplets when an infected person coughs, sneezes, or talks. Infection may also occur by touching a surface or object that has the virus on it, and then by touching your mouth, nose, or eyes.

While it is not possible to eliminate all risk of spreading and contracting COVID-19, current science suggests there are many steps schools can take to reduce the risks to students, coaches, and their families. The Upper Perkiomen School District will take the necessary precautions to ensure the safety of students and staff while following the recommendations of federal, state and local governments as well as the CDC, SLUHN, NFHS and PIAA. As more information becomes available about COVID-19, this plan may be modified and updated.

Summer workouts for all high school fall teams may begin on Monday, July 6 and run through Sunday, August 16. Since the PIAA mandatory football heat acclamation begins on August 10, current/updated guidelines from the PIAA will be used prior to the adoption of the School District’s comprehensive Health and Safety Plan, which is expected to occur on August 13. A schedule for voluntary workouts and site locations will be developed by the head coaches in conjunction with the Athletic Director.

Return to Activity Following Inactivity: A thoughtful approach to exercise gives athletes a chance to acclimatize to the temperature and the intensity/duration of practices. This slow ramp up of exercise can decrease the risk of injury and heat illness. Since practices and competitions have been halted, many athletes are deconditioned, putting the athlete at much higher risk for injury if pushed too quickly with high volumes and high intensity. Overtraining, defined as prolonged or excessive repetitive activity or workouts in efforts to “catch up,” does not allow the body to adjust and recover, which can lead to decreased performance and/or increased risk of injury.

High Risk Groups People with a higher risk of COVID-19 should consider delaying their participation in sports and activities given the increased risk. Some of the higher risk categories are:

People at Higher Risk for Severe Illness Individuals who are Pregnant or Breastfeeding People who are immunocompromised Individuals with Diabetes Older Adults age 65 and Older Individuals with Chronic Kidney Disease Individuals with Asthma or Chronic Lung Disease Individuals with Severe Obesity (BMI 40+) Individuals with HIV Individuals with Liver Disease

Attachment B

If there is a concern about the risk associated with participation due to underlying health conditions, the individual should consult their health care provider prior to returning to sports. Point of Contact The primary point of contact for this plan is the Athletic Director. Secondary contacts are the Athletic Trainers. PPE Requirements All coaches directly interacting with student-athletes must wear face coverings at all times. Any exceptions to this – for medical reasons – must be approved by the Athletic Director. Athletes should wear masks or face coverings when not actively participating in an activity. Athletes should also wear masks or face coverings when social distancing is challenging. i.e. Sidelines, Dugouts and ATC Room etc. Pre-Workout Screening When a coach or student-athlete arrives for a workout, ALL will be required to wash their hands for a minimum of 20 seconds (or use hand sanitizer if a handwashing station is not available). Following that, the individual will report to the athletic trainer if onsite, or coach, who will screen each individual. During this screening process, coaches, athletic trainers and student-athletes must be wearing a face covering. Documentation will be done via a paper/computerized form or the use of online documentation. Coaches that perform screenings will keep this documentation and will send it to the athletic trainers to have a backup copy in the medical files. Responses of screening questions for each student-athlete is to be recorded and stored, and may be used to keep a record of everyone present, should a student, coach, or staff member develop COVID-19. If there is a positive finding or “YES” answer to any of the screening questions, the student-athlete or coach should be isolated and sent home. Parents will be asked to have their student-athlete examined by a medical professional and to provide follow-up documentation that the student-athlete is free from the COVID-19 virus. As part of this process, the individual conducting the screening will utilize a non-contact thermometer to take the temperature of each student-athlete and coach. If someone registers a temperature of 100.4 or higher, he/she will be isolated for 5 minutes and the temperature will be taken again. Following another 5-minute isolation period, the student-athlete will have a third temperature reading. If the average temperature of the 3 readings is 100.4 or higher, the parent/guardian must be contacted to pick up the student-athlete. At this point, parents will be asked to have the student-athlete examined by a medical professional and to provide follow-up documentation that the student-athlete is free from the COVID-19 virus. If a student-athlete or coach gets sick, he/she will be isolated and sent home and must follow the student-athlete/coach return to play protocol. Education Prior to participation in summer workouts, parents will be required to sign an electronic acknowledgement form indicating that they and their child understand the risks of COVID-19 associated with participation. This acknowledgement form must be electronically signed before a student-athlete can begin participation. Included in the form will be information about COVID-19 and safety precautions that can be taken. This will be similar to the education and sign-off forms for concussion and sudden cardiac arrest. Coaches will encourage any student-athlete who feels sick to remain home. Signs will be posted in bathrooms and near training facilities emphasizing social distancing and proper hygiene.

Social Distancing Coaches and student-athletes must stay 6 feet apart at all times and all activities must be non-contact. Workout and training activities must be organized to allow for this required spacing. This includes student-athletes actively engaged in activity, as well as student-athletes waiting for participation. Coaches will group student-athletes in small pods as appropriate. In addition, student-athletes should not enter or leave the practice facility together or within 6 feet of each other. Parents picking up student-athletes should remain in their vehicles. Indoor facilities including, but not limited to gyms, weight rooms, pool, locker rooms and meeting rooms will not be available unless approved by the Athletic Director, with a specific purpose. The only exception to this is the athletic training room will be open for screenings. Athletes will be required to enter from the outside gray doors and exit through the opposite doors and exit the building through the glass doors on the right. Student-athlete and coach bags, apparel, etc. should be separated 6 feet apart. Number of Participants Each activity area will be limited to 250 participants (or such other number as the Commonwealth, PIAA or CDC may determine) which includes coaches and student-athletes. Parents, community members and spectators will not be permitted to attend. Equipment Sanitizing Prior to each workout, all equipment will be sanitized. Student-athletes may not share equipment with one another including athletic equipment, pinnies, etc. Any time equipment is used by one individual, it will be sanitized prior to the next person using that piece of equipment. There will be no shared equipment unless prior approval is given by the Athletic Director and under strict guidelines. Every team will be provided with a minimum of one spray bottle filled with a sanitizing solution. This will be refilled as needed. Student-athletes and coaches will be encouraged to wash their hands or use hand sanitizer frequently during training sessions. Bathrooms A maximum of 2 individuals may be in the bathrooms at any given time. These spaces will be cleaned on a regular basis. Doors to enter these areas will be propped open when possible to allow for air flow. Weight Room With the weight room being closed, strength training will need to be done using alternative means. When possible, dumbbells, kettlebells etc. may be moved outside with prior approval of the Athletic Director. When using weight room equipment, it will be allocated to one student-athlete at a time. Individuals must remain a minimum of 6 feet apart. All equipment must be wiped down after each use. Hydration All student-athletes must provide their own water bottles and hydration which should be labeled with the individuals’ name. Student-athletes will not be permitted to participate without water. Water bottles must not be

shared. The District will not provide water or the use of coolers during workouts. In addition, water fountains and outdoor hoses will not be available. Personal Conduct There will be no chewing gum, spitting, licking fingers or eating sunflower seeds. Student-athletes will not be allowed to shake hands, high five one another or fist bump during workouts. Hygiene At the conclusion of a workout, student-athletes should wash their hands or use hand sanitizer. Student-athletes will be encouraged to shower as soon as they get home from their workout. In addition, student-athletes should be encouraged to wash all garments and equipment after each workout. Facility Cleaning All facilities utilized during summer workouts will be cleaned and sanitized on a regular basis. The Director of Buildings and Grounds will establish a schedule for cleaning. Student-Athlete or Coach Who Contracts COVID-19 If a student-athlete or coach contracts the COVID-19 virus, the individual must quarantine for a minimum of 14 days. Any individual who was in close contact with the person diagnosed with COVID-19 will be notified and advised on whether the secondary individual must also quarantine by district health professionals.

Following the 14-day quarantine, the individual must have also met the following criteria prior to returning to summer workouts: 1. At least three days (72 hours) have passed since the individual has recovered (resolution of fever without the use of fever-reducing medications) 2. The individual has improvement in respiratory symptoms (i.e. cough, shortness of breath) 3. At least 10 days have passed since the onset of symptoms 4. Written documentation of clearance from a healthcare provider (MD, DO, NP, PA) Classification of Sports High Risk - Sports that involve close, sustained contact between participants, lack of significant protective barriers, and high probability that respiratory particles will be transmitted between participants. EX – Football, Water Polo, Wrestling, Cheerleading (stunting) Moderate Risk - Sports that involve close, sustained contact, but with protective equipment in place that may reduce the likelihood of respiratory particle transmission between participants OR intermittent close contact OR group sports that use equipment that can’t be cleaned between participants. EX – Basketball, Baseball, Field Hockey, Girls Lacrosse, Softball, Soccer, Tennis, Track Jumping Events Low Risk - Sports that can be conducted with social distancing or individually with no sharing of equipment of the ability to clean the equipment between use by competitors EX – Cross-Country, Track Running and Throwing Events, Swimming, Golf, Sideline Cheerleading Sport-Specific Accommodations Cheerleading – The focus will be on conditioning and strength training. No stunting will occur. When practicing sideline cheer, student-athletes are to wear a face covering. Student-athletes are to maintain 6 feet apart. Cross-Country – Runners will remain 6 feet apart from one another.

Field Hockey – Focus should be on conditioning and stick work. Players will be assigned their own individual balls. Players should maintain 6 feet apart during skill work. Sticks and gloves should be cleaned after each use. Football – Groups will be separated into different pods on the field. Quarterbacks will have their own individual balls and will practice throwing into nets. Ball carriers/runners will work on agility and ball security using their own individual football. Offensive lineman will remain 6 feet apart and will work on stances and steps. Defensive lineman will work on stances, starts and redirection skills individually. Linebackers and secondary will work on pass drops and redirection skills. All members of the team will work on speed drills at a safe distance of 6 feet in all directions. Strength training will be done using body weight exercises and medicine balls in shifts with equipment sanitized in between uses. Golf – Players will remain 6 feet apart at all times. Each player should have their own golf balls. Clubs and golf balls should be sanitized frequently. Gloves should be cleaned as appropriate. Soccer - No practice of throw-ins. Workouts should focus on conditioning and non-contact activities. Student-athletes should be assigned their own individual ball. Soccer balls should be sanitized after each use. Tennis – Each player hitting around will have their own tennis balls (identified through being labeled, different colors, etc.). Players are permitted to only use balls identified for their personal usage. Tennis balls will be picked up using hoppers or rackets. Balls should be sanitized after each use. Water Polo – Pool is closed for the summer, no indoor activity. Focus can be on outdoor conditioning and individual ball handling skills. Each player should be assigned their own individual ball that should be cleaned after each use. If any strength training equipment or equipment from the pool is used, it must have prior approval from the Athletic Director, for individual use only and cleaned after each use. Equipment made of exposed foam should not be used.

Attachment C RESOLUTION CALLING FOR CHARTER SCHOOL FUNDING REFORM

BY THE BOARD OF DIRECTORS OF THE


WHEREAS, the average Pennsylvania school district spends millions of dollars in taxpayer money annually in mandatory payments to brick-and-mortar and cyber charter schools; and these payments are calculated in a manner which requires districts to send more money to charter schools than is needed to operate their programs and places a significant financial burden on districts’ resources and taxpayers; and

WHEREAS, the current charter school funding formula was established in 1997 under the state's Charter School Law and has not been changed in the 23 years since it was first created; and the formula for regular education programs is unfair because it is based on a school district’s expenditures and not what it actually costs to educate a child in the charter school; and

WHEREAS, the calculation for charter special education tuition is unfair because it is also based on the special education expenditures of the school district rather than the charter school; and although the General Assembly revised the special education funding formula in 2014 to more accurately target special education resources for students identified with high, medium and low needs, this formula was applied only to school districts and not to charter schools; and

WHEREAS, because the tuition rate calculations are based on the school district’s expenses, they create wide discrepancies in the amount of tuition paid by different districts for the same charter school education and result in drastic overpayments to charter schools; and these discrepancies in tuition rates for regular education students can vary by almost $13,000 per student and by $39,000 for special education students; and

WHEREAS, the latest data from the PA Department of Education (PDE) shows that in 2017-18, total charter school tuition payments (cyber and brick-and-mortar) were more than $1.8 billion, with $519 million of that total paid by districts for tuition to cyber charter schools; and

WHEREAS, further analysis of PDE data shows that in 2014-15, school districts paid charter schools more than $100 million for special education services in excess of what charter schools reported spending on special education; and

WHEREAS, the costs of charter schools for school districts continue to grow significantly each year; and on a statewide basis are the most identified source of pressure on school district budgets; and

WHEREAS, the need for significant charter school funding reform is urgent; and school districts are struggling to keep up with growing charter costs and are forced to raise taxes and cut staffing, programs and services for their own students in order to pay millions of dollars to charter schools.

NOW, THEREFORE BE IT RESOLVED that the Upper Perkiomen School Board calls upon the General Assembly to meaningfully revise the existing flawed charter school funding systems for regular and special education to ensure that school districts and taxpayers are no longer overpaying these schools or reimbursing for costs the charter schools do not incur. We, along with the Pennsylvania School Boards Association, are advocating for substantial change.

Adopted this ___________________ day of ______________________, 2020.

Signed,

_____________________________ _________________________________ School Board President Board Secretary


ALLYN J. ROCHE, Ed.D ANDREA J. FARINA, Ed.D Superintendent of Schools Assistant Superintendent

Confidential Admin Support Staff

Upper Perkiomen School District Negotiations Committee will extend the Compensation Plan for Confidential Administrative Support Staff for one year, beginning on July 1, 2020 and expiring on June 30, 2021. All terms of compensation, increases and benefits identified within in the plan will remain unchanged, with two exceptions.

Vacation Time:

Due to the Covid-19 Pandemic, additional considerations were made for unused vacation time for the 2019/2020 school year only.

With prior approval of the immediate supervisor, a maximum of ten (10) days may be carried over into the next school year. Carried over days must be use prior to January 31, 2021.

Addition of Position:

The position of Administrative Assistant to the Assistant Superintendent will be added to the Compensation Plan for Confidential Administrative Support Staff, effective July 1, 2020.

_______________________________ Signature: School Board President

_______________ Date

________________________________ Secretary

________________ Date

Attachment D



Administrative Support Staff

Upper Perkiomen School District Negotiations Committee will extend the Compensation Plan for Administrative Support Staff for one year, beginning on July 1, 2020 and expiring on June 30, 2021. All terms of compensation, increases and benefits identified within in the plan will remain unchanged, with the exception of Vacation Time.

Vacation Time:


With prior approval of the immediate supervisor, a maximum of ten (10) days may be carried over into the next school year. Carried over days must be use prior to January 31, 2021.


_______________ Date

________________________________ Secretary

________________ Date

Attachment E



Maintenance and Custodial Staff

Upper Perkiomen School District Negotiations Committee will extend the Compensation Plan for Maintenance and Custodial Staff for one year, beginning on July 1, 2020 and expiring on June 30, 2021. All areas of compensation identified within in the plan will remain unchanged, with the three exceptions.

Vacation Time:


With prior approval of the immediate supervisor, a maximum of 80 hours may be carried over into the next school year. Carried over days must be use prior to January 31, 2021.

Rate of Pay:

The starting rate for the Custodial position will be increased to $12.50/hour, effective July 1, 2020.

A 3% increase will be provided to current maintenance and custodial employees; regular full time and part time current employees will earn a minimum of $13.00/hour and the starting wage will be increased to $12.50/hour, effective July 1, 2020. The 3% increase and $13.00 minimum will be applied in accordance with the conditions for “compensation increases” in the plan document.


_______________ Date

________________________________ Secretary

________________ Date

Attachment F



Act 93 Administrators

Upper Perkiomen School District Negotiations Committee will extend the Compensation Plan for Act 93 Administrators for one year, beginning on July 1, 2020 and expiring on June 30, 2021. All terms of compensation, increases and benefits identified within in the plan will remain unchanged, with the exception of Vacation Time.

Vacation Time:


Unused vacation for the 2019/2020 school year may accumulate for a total of forty 45 days. The twenty-five (25) accumulated from the prior year must be used before December 31, 2020. After December 31, 2020 any vacation days over twenty-five (25) shall be added to and accumulated as sick days.


_______________ Date

________________________________ Secretary

________________ Date

Attachment G

1

EMPLOYMENT AGREEMENT BETWEEN JAMES F. MCFADDEN

AND THE BOARD OF SCHOOL DIRECTORS OF THE

UPPER PERKIOMEN SCHOOLDISTRICT, 2229 EAST BUCK ROAD, PENNSBURG, PA 18073

This Employment Agreement (hereinafter referred to as “Agreement”) is made and entered into by and between the Board of School Directors of the Upper Perkiomen School District, (hereinafter referred to as "the Board") and James F. McFadden (hereinafter referred to as "School Security Guard”). The Upper Perkiomen School District shall hereinafter be referred to as "District."

WHEREAS, the Board desires to employ James F. McFadden in the position of School Security Guard for the District for the 2020-2021 school year in accordance with the applicable provisions of the Public School Code of 1949, as amended (hereinafter referred to as “Public School Code”) and the laws of the Commonwealth of Pennsylvania.

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby agree as follows:

1. Position: School Security Guard. This is a unique position within the District interms of job responsibilities and length of service (200 days/year).

2. Reporting Relationship: School Security Guard shall report directly to the DistrictSuperintendent. The District reserves the right to change the reporting relationship atits sole discretion and consistent with operational needs and strategic priorities of theDistrict. |

3. Position Responsibilities: School Security Guard shall be responsible for the dutiesoutlined in the official position description, as well as other duties that the Board andSuperintendent may from time to time assign. The key responsibilities of this positionare meant to include duties incidental, necessary, and appropriate to carry out thetasks of the position.

4. Salary and Benefits:a. Annual Salary: effective July 1, 2020, the annual salary of School Security

Guard shall be $48,411.00 less necessary taxes and withholdingsand paid bi-weekly.

b. Employee Benefits:i. School Security Guard shall be eligible for the following leave

entitlements:1. Zero vacation days allotted due to the shortened work calendar.2. One (1) day of sick leave earned per month worked with a

possible total of ten (10) sick days per year. Unused sickleave earned during the school year will carry over to the

Attachment H

2

following year up to a maximum of 150 sick days total. 3. One (1) personal day per year.

ii. School Security Guard shall be eligible to receive medical, prescription,vision and dental insurance and term life insurance pursuant to the termscontained in the District’s Compensation Plan for Administrative SupportStaff in effect during the term of this Agreement (“the ASP”) to the extentthat such benefit is not inconsistent with any benefit specifically providedfor in this Agreement. In the case of any conflict, the benefit specificallyprovided for in this Agreement shall govern.

iii. The District reserves the right to amend, modify and/or rescind theASP at any time at its sole discretion to the extent permitted bylaw.

c. Mileage Reimbursement: School Security Guard shall be eligible forreimbursement for mileage incurred on his personal vehicle during thecourse of fulfilling his job responsibilities. This mileage will be reimbursedaccording to the IRS rate.

5. Disclosures: School Security Guard has represented to the Board that he has notbeen convicted of any crime and that he has not been disciplined by any professionalsociety or licensing body. School Security Guard has also represented to the Boardthat he has disclosed any instances in which he has been personally involved — inconnection with the practice of his profession or responsibilities related to hisemployment — in any investigation by law enforcement officials, other governmentagencies, or professional or licensing bodies into allegations of criminal misconductor violations of professional standards. If, at any time during the course of hisemployment with the District, he becomes aware that he is involved in, of thesubject of, any such investigation; he shall immediately disclose that fact to theDistrict Superintendent.

6. Term of Appointment/Termination: The term of this Agreement is from July 1,20 to June 30, 2021. The District may, during the term of this Agreement,terminate School Security Guard for economic reasons, for failing to completemandatory training required of school security guards or, pursuant to Section 5-514of the Pennsylvania Public School Code, for cause. This Agreements hall beterminated as of June 30, 2021 and will not automatically renew.

7. General Provisions:

a. Entire Agreement. This Agreement sets forth all of the promises, covenants,agreements, conditions and understandings among the parties hereto withrespect to the subject matter hereof, and supersedes all prior andcontemporaneous agreements and understandings, inducements or conditions,express or implied, oral or written, with respect thereto, except as contained orreferred to herein. This Agreement may not be amended, waived, discharged orterminated orally, but only by an instrument in writing signed by both parties.

3

b. Severability. Should any provision of this Agreement be declared illegal by acourt of competent jurisdiction, said provision as the case may be shall beautomatically deleted from this Agreement to the extent that it violated the law.The remaining provisions shall remain in full force and effect for the duration ofthe Agreement as if not affected by the deleted provision.

c. Statute of References. All references to the Public School Code containedherein shall also refer to any amendment or recodification of such code.

d. Governing Law. This Agreement and the rights and obligations of theparties hereunder shall be construed and enforced in accordance with andshall be governed by the laws of the Commonwealth of Pennsylvania.

e. Jurisdiction and Venue. The parties hereto voluntarily submit themselvesto the jurisdiction and venue of the Courts of Common Pleas of MontgomeryCounty in the event of a dispute.

f. Counterparts. This Agreement may be executed in one or more counterparts,each of which shall constitute an original agreement, but all of which togethershall constitute one and the same instrument.

g. Headings. The headings contained in this Agreement are for referencepurposes only and shall not effect in any way the meaning or interpretationof this Agreement.

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

4

IN WITNESS WHEREOF, and intending to be legally bound, the parties have caused this Agreement to be duly executed.


BY: ___________________________________________________ PRESIDENT

ATTEST: ______________________________________________ SECRETARY

_______________________________________________________ JAMES F. MCFADDEN SCHOOL SECURITY GUARD

When we use the words you and your in this Lease, we mean you, our customer, which is the Lessee indicated below. When we use the words we,

us and our in this Lease, we mean the Lessor, Hewlett-Packard Financial Services Company.

STATE AND LOCAL GOVERNMENT SINGLE SCHEDULE LEASE

PURCHASE AGREEMENT

Our address is 200 Connell Drive, Suite 5000, Berkeley Heights, NJ 07922

CUSTOMER

INFORMATION

Lessee Name

Upper Perkiomen School District

Billing Street Address/City/County/State/Zip

2229 E. Buck Rd., Ste. 2, Pennsburg, PA 18073

Phone No.

Tax ID#

Lease#

531012688300001

Equipment Location Street Address/City/County/State/Zip

To Be Provided bv the Customer

Phone No. Schedule#

531012688300001

SUPPLIER

INFORMATION

Supplier Name ("Supplier")

Lantek

Street Address/City/State/Zip

. 600 Noble St., Ste. 230 Kutztown, PA 19530

Quantity Make/Model

Phone No. Fax No.

Contact Name:

Price Each/Extension EQUIPMENT

DESCRIPTION Refer to Hub Tech Quote Number 38161 Attached

TERM AND Lease Term Lease Payment Documentation Fee Payment Timing (Check one) Plus

LEASE PAYMENT (Months) Applicable

SCHEDULE $56,552.55 N/A 181Advance Taxes and

48 Months □Arrears Insurance

I'

Additional Total Cash Price Payment Frequency (Check

Provisions: N/A. one)

$215,800.00 □Monthly

□Quarterly

□Semi Annual

181Annually

□Other

Annual Rate of Latest Commencement Date

Interest September 30, 2020

3.23%

PART I

You agree to lease the equipment described above (collectively, "Equipment") on the terms and conditions of this lease agreement ("Lease"). The term

of this Lease is set forth above. This Lease shall be effective with respect to the Equipment from and after the date of your acceptance of the

Equipment. Each Lease Payment (singly, a Lease Payment and collectively, the "Lease Payments") are to be made in the manner specified above and

shall commence on the date the Equipment is accepted by you as evidenced by your execution and delivery to us of a Delivery and Acceptance

Certificate with respect to the Equipment. You must notify us of any change in the Equipment to be included in any proposed Lease and we reserve the

right to accept or reject such change. Our acceptance of this Lease shall be evidenced by our execution hereof.

1. TERMS AND CONDITIONS. In consideration of our purchase of

the Equipment selected by you, we lease to you, and you lease from

us, the Equipment identified above pursuant to the terms and

conditions set forth herein. THIS LEASE AND THE DOCUMENTS

REFERRED TO HEREIN CONSTITUTE THE FULL AND ENTIRE

AGREEMENT between you and us in connection with the Equipment

and MERGES ANY OTHER UNDERSTANDING. In no case shall the

preprinted terms and conditions on the Supplier's standard

transactional documentation (e.g., order forms and invoices) apply to

us. Neither you nor we rely on any other statement, representation or

------··· ······-·-·········

PART II

assurance of cure. This lease can be neither canceled nor modified

except by a written agreement signed by both parties.

2. YOUR WARRANTIES TO US. You expressly represent and

warrant to us, and we rely on, each of the following statements: (a)

you have read and understood this Lease; (b) you have selected the

equipment and specifications, and the equipment will meet your

needs; (c) you will authorize us to pay for the Equipment only after

you have received and accepted the Equipment as fully operable for

your purposes; (d) the interest portion of the Lease Payments shall be

GEM SSLPA - 04/03

Attachment I

excluded from gross income for federal income tax purposes, and you

will do nothing to cause, nor fail to take action which results in, the

interest portion of the Lease Payments being includible in gross

income for federal income tax purposes; (e) NEITHER THE

SUPPLIER OF THE EQUIPMENT NOR ANY OF ITS

SALESPERSONS ARE, OR HAVE ACTED AS, OUR AGENTS OR

EMPLOYEES;(f) financial information and other statements provided

to us are accurate and correct and will be updated upon our request

during the term of this Lease; g) you are a political subdivision or

agency or department of a State; (h) the entering into and

performance of this Lease are authorized under the laws and

constitution of your state and do not violate or contradict any

judgement, law, order, or regulation, or cause any default under any

agreement to which you are a party; (i) you have complied with all

bidding requirements and, where necessary, have properly presented

this Lease for approval and adoption as a valid obligation on your part;

j) this Lease is a legal, valid and binding obligation enforceable in

accordance with its terms; (k) you have sufficient appropriated funds

or other moneys available to pay all amounts due underthis Lease for

your current fiscal period; (1) the use of the Equipment is essential for

your proper, efficient and economic operation, you will be the only

entity to own, use or operate the Equipment during the term of this

Lease and you will use the Equipment only for your governmental

purposes; (m) You do not and will not: 1) export, re-export, or transfer

any Equipment, software, source code or any direct product thereof to

a prohibited destination, or to nationals of proscribed countries

wherever located, without prior authorization from the United States

and other applicable governments; and 2) use any Equipment,

software or technology, technical data, or technical assistance related

thereto or the products thereof in the design, development, or

production of nuclear, missile, chemical, or biological weapons or

transfer the same to a prohibited destination, or to nationals of

proscribed countries, without prior authorization from the United States

and other applicable governments. You are not an entity or person

designated by the United States government or any other applicable

government with which transacting business without the prior consent

of such governmentis prohibited. Upon our request, you agree to

provide us with an opinion of counsel as to clauses (g) through (j)

above, a certificate of appropriations as to clause (k) above, an

essential use letter as to clause (1) above, and any other documents

that we request, including information statements to be filed with the

Internal Revenue Service, with all such documents being in a form

satisfactory to us.

3. YOUR WAIVER OF DAMAGES AND WARRANTIES FROM US.

YOU LEASE THE EQUIPMENT FROM US "AS IS, WHERE IS."

EXCEPT AS TO QUIET ENJOYMENT, WE MAKE ABSOLUTELY NO

WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY

WARRANTY OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE. IF THE EQUIPMENTIS NOT PROPERLY

INSTALLED, DOES NOT OPERATE AS REPRESENTED OR

WARRANTED BY THE SUPPLIER, OR IS UNSATISFACTORY FOR

ANY REASON WHATSOEVER, YOU SHALL MAKE ANY CLAIM ON

ACCOUNT THEREOF SOLELY AGAINST THE SUPPLIER AND YOU

HEREBY WAIVE ANY SUCH CLAIM AGAINST US. ALL

WARRANTIES FROM THE SUPPLIER TO US, TO THE EXTENT

ASSIGNABLE, ARE HEREBY ASSIGNED TO YOU FOR THE TERM

OF THIS LEASE FOR YOUR EXERCISE AT YOUR EXPENSE. YOU

SHALL HOLD US HARMLESS AND SHALL BE RESPONSIBLE

FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR

PROPERTY CAUSED BY THE EQUIPMENT. NO

REPRESENTATION OR WARRANTY BY THE SUPPLIER OR

SALESPERSON IS BINDING ON US NOR SHALL BREACH OF

SUCH WARRANTY RELIEVE YOU OF YOUR OBLIGATIONS TO

US. IN NO CASE SHALL WE BE LIABLE TO YOU FOR SPECIAL,

INDIRECT OR CONSEQUENTIAL DAMAGES.

4. PAYMENTS. You agree to make Lease Payments as set forth

above and to pay such other charges as provided herein. IT IS

SPECIFICALLY UNDERSTOOD AND AGREED THAT THIS LEASE

SHALL BE NON-CANCELABLE (EXCEPT AS SET FORTH IN

SECTION 6 HEREOF), AND THAT THIS LEASE IS A NET LEASE.

YOU AGREE THAT YOU HAVE AN ABSOLUTE AND

UNCONDITIONAL OBLIGATION TO PAY ALL LEASE PAYMENTS

AND OTHER AMOUNTS WHEN DUE. You hereby authorize us to

reduce the lease payments by up to twenty percent (20%) in the event

that the actual total cost of the equipmentat the time of closing is less

than the estimate. Lease Payments shall be increased by any cost or

expense we incur to preserve the Equipment or to pay taxes,

assessments, fees, penalties, liens, or encumbrances. Unless we

give written notice of a new address, all payments under this Lease

shall be sent to us at the address provided at the beginning of this

Lease. Each paymentreceived, at our discretion, will be applied first

to the oldest charge due underthis Lease. YOU AGREE THAT TIME

IS OF THE ESSENCE AND TO MAKE PAYMENTS REGARDLESS

OF ANY PROBLEMS YOU MIGHT HAVE WITH THE EQUIPMENT

INCLUDING ITS OPERATION, CAPABILITY, INSTALLATION, OR

REPAIR AND REGARDLESS OF ANY CLAIM, SETOFF, DEFENSE

YOU MIGHT HAVE AGAINST THE SUPPLIER, MANUFACTURER,

SALESPERSON, OR OTHER THIRD PARTY. Without our prior

written consent, any payment to us of a smaller sum than due at any

time under this Lease shall not constitute a release or an accord and

satisfaction for any greater sum due, or to become due, regardless of

any endorsementrestriction, unless otherwise agreed by both parties

in a signed writing.

5. FUNDING INTENT. You reasonably believe that funds can be

obtained sufficient to make all Lease Payments and other payments

during the term of this Lease. You agree that your chief executive,

chief financial or administrative officer will provide for funding for such

payments in your annual budget request submitted to your governing

body. You and we agree that your obligation to make Lease

Payments under this Lease will be your current expense and will not

be interpreted to be a debt in violation of applicable law or

constitutional limitations or requirements. Nothing contained in this

Lease will be interpreted as a pledge of your general tax revenues,

funds or moneys.

6. NONAPPROPRIATIONS OF FUNDS.If (i) sufficient funds are not

appropriated and budgeted by your governing bodyin anyfiscal period

for all Lease Payments and all other payments due under this Lease

for such fiscal period, and (ii) you have exhausted all funds legally

available for such payments, then you will give us written notice and

return the Equipment to us, and this Lease will terminate as of the last

day of the fiscal period for which funds are available to pay amounts

due under this Lease. Such termination is without any expense or

GEM SSLPA- 01/16/14

penalty, except for the portions of the Lease Payments and those

expenses associated with your return of the Equipment in accordance

with this Lease for which funds have been budgeted and appropriated

or are otherwise legally available.

7. TAXES, ASSESSMENTS AND FEES. You will pay when due,

either directly or to us upon our demand,all taxes, fines and penalties

relating to this Lease or the Equipment that are now orin the future

assessed or levied by anystate, local or other government authority.

Wewill file all personal property, use or other tax returns (unless we

notify you otherwise in writing) and you agree to pay us a fee for

making suchfilings. We do not have to contest any taxes, fines or

penalties. You will pay estimated property taxes with each invoice or

annually, as invoiced. In addition, you authorize us to file at our

option financing statements and/or fixture filings without your

signature. If we request, you will execute such financing statements

and/orfixture filings. To the extent permitted by law, you hereby grant

us a security interest in all Lease Payments and Equipment, andall of

your interest therein, and all proceeds and products thereof. You

agree to pay us a documentation fee to be billed with the first Lease

Payments to cover account setup and administrative costs. You agree

to reimburse us for reasonable costs incurred in collecting taxes,

assessments, or fees for which you are liable, and any collection

chargesattributable thereto, including reasonable attorney fees.

8. NOTICE. All notices shall be given in writing by the party sending

the notice and shall be effective when deposited in the U.S. mail,

addressed to the party receiving the notice at its address shown on

page 1 of this Lease (or to any other address specified by that party in

writing) with first class postage prepaid.

9. SUCCESSORS AND ASSIGNMENTS. YOU AGREE NOT TO

TRANSFER, SELL, SUBLEASE, ASSIGN, PLEDGE OR

ENCUMBER EITHER THE EQUIPMENT OR ANY RIGHTS UNDER

THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT, and

even with our consent, you shall remain jointly and severally liable to

the full extent with your assignee. WE WILL NOT SELL, DISCOUNT,

FACTOR, HYPOTHECATE OR OTHERWISE DISPOSE OF OUR

INTEREST IN THE EQUIPMENT OR THIS LEASE EXCEPT TO OUR

AFFILIATE IN CONNECTION WITH A MERGER,

REORGANIZATION, SALE OF ASSETS OR SUBSTANTIAL

PORTFOLIO SALE.

10. OWNERSHIP AND TITLE, You will have title to the Equipment

upon your acceptance of it; provided, however, that title will

immediately vest in us or our assignee if this Lease is terminated

because you have not appropriated funds for payment of Lease

Payments or other amounts due hereunder, as provided in Section 6

of this Lease orif you are in default of this Lease pursuant to the terms

of Section 16 of this Lease. We have the right to inspect the

Equipment, and have the right to affix and display a notice of our

security interest in the Equipment. The Equipment shall remain

personal property whetheror not affixed to realty and shall not be part

of any real property on which it is located. At our request, you shall

obtain a landlord and/or mortgage waiver for the Equipment. All

additions, attachments, and accessories placed on the Equipment

becomepart of the Equipment unless removedprior to the termination

of this Lease. You agree to maintain the Equipmentso that it may be

removed from the property or building where located without damage.

11. OPERATION AND TERMINATION. You shall be solely

responsible for the installation, operation, and maintenance of the

Equipment, shall keep it in good condition and working order, and shall

use and operate the Equipment in compliance with applicable laws. If

the Equipmentis of the type not normally maintained by you, then you,

at your expense, shall maintain in full force and effect throughout the

term of this Lease Supplier's standard maintenance contract. You

agree to keep and use this Equipment only at the address specified

above, to never abandon or move the Equipment from that address,

nor relinquish possession of the Equipment except to our agent. If you

are required to return the Equipment to us for any reason, you shall, at

your expense, wipe clean or permanently delete all data contained on

the Equipment, including without limitation, any data contained on

internal or external drives, discs, or accompanying media, immediately

crate, insure and return the Equipmentto the designated location in as

good a condition as when you received it, excepting only reasonable

wear and tear. In the case of any item of Software to be returned to us,

you will also deliver to us the original certificate of authenticity issued

by the licensor of such Software,if any.

12. RISK OF LOSS AND INSURANCE. During the term of this

Lease, you bear the entire risk of loss or damage to the Equipment.

You shall immediately notify us of the occurrence of any loss or other

occurrence affecting our interests and shall make repairs or

corrections at your expense. In such event, and to the extent

permitted by law, you agree to continue to meetall payment and other

obligations under this Lease. You agree to keep the Equipment

insured at your expense against risks of loss or damage from any

cause whatsoever. You agree that such insurance shall not be less

than the replacementvalue of the Equipment. You also agree that the

insurance shall be in such additional amount as is reasonable to cover

us for public liability and property damagearising from the Equipment

or your use of it. You agree to name us as the loss payee and an

additional insured. Upon our request, you agree to furnish proof of

eachinsurance policy including a certificate of insurance and a copy of

the policy. The proceeds of such insurance shall be applied at our

sole election toward the replacement or repair of the Equipment or

payment towards your obligations. If you so request and we give our

prior written consent, in lieu of maintaining insurance as described

herein, you may self insure against such risks, provided that our

interests are protected to the same extent asif the insurance had been

obtained by third party insurance carriers and provided further that

such self insurance program is consistent with prudent business

practices with respect with such insurance risk. You will give us

certificates or other evidence of such insurance on the

commencement date of this Lease, and at such times as we request.

Such insurance obtained will be in a form, amount and with companies

acceptable to us, and wili provide that we will be given 30 days’

advance notice of any cancellation or material change of such

insurance.

13. INDEMNITY. You agree, to the extent permitted by law, to

indemnify and hold us harmless from and against, any and all losses,

damages,injuries, claims, demands, and expenses,including any and

all attorney's fees and legal expenses ("Claims") arising from or

GEM SSLPA- 01/16/14

caused by any actual or alleged use, possession, maintenance,

condition (whether or not latent or discoverable), operation, location,

delivery or transportation of any item of Equipment.

14. TRANSFER OF EQUIPMENT AT END OF TERM OF LEASE AND

PURCHASE OPTION. When you have paid all Lease Payments and

all other amounts due under this Lease and have satisfied the other

terms of this Lease, we shall transfer all of our interest in the

Equipment to you “AS IS, WHERE |S,” without any warranty, express

or implied, from us. With 30 days prior written notice, you may

purchase the Equipment (other than software that we may not be

authorized to sell) on any Lease Payment date for an amount equalto

the rent due on the Lease Payment date, the remaining Lease

Payments due under this Lease discounted at the annual rate of 3%

and all other amounts due under this Lease. You may exercise this

purchase option only if you are not in default under the terms of this

Lease.

15. COLLECTION CHARGES AND ATTORNEY'S FEES. If any part

of any sum is not paid when due, you agree to pay us:(i) in the first

month, a late charge to compensate us for collecting and processing

the late sum, such late charge is stipulated and liquidated at the

greater of $.05 per dollar of each delayed sum or $15; plus (ii) a

charge for every month after the first month in which the sum is late to

compensate us for the inability to reinvest the sum, such charge is

stipulated and liquidated at 1 1/2% per month, or when less, the

maximum allowed by law.

16. DEFAULT. You shall be in default of this Lease on the

occurrence of any of the following events: (a) you fail to pay any

Lease Payment or any other amount due underthis Lease within 10

days after it first becomes due; (b) you assign, move, pledge,

sublease, sell or relinquish possession of the Equipment, or attempt to

do so, without our written authorization; (c) you breach any other

obligations under this Lease, or any other agreement with us, andfail

to cure such breach within ten days after we send notice of the

existence of such breach; (d) you breach any warranty to us; (e) any

execution or writ of process is issued in any action or proceeding to

seize or detain the Equipment; or (f) you file a voluntary petition in

bankruptcy, you are adjudicated as a bankrupt, or any proceeding is

filed against you under the bankruptcy or similar laws of the United

States or the state where the Equipment is located, and the

proceeding is not dismissed within 60 days afterfiling.

17. REMEDIES. Should you default, we have the right to collect and

to exercise any orall of the following: (a) we may cancel or terminate

this Lease or any or all other agreements that we have entered into

with you or withdraw any offer of credit; (b) we may require you to pay

us, as compensation for loss of our bargain and not as a penalty, ail

Lease Payments for the remainder of your current fiscal period; (c) we

have the right to immediately retake possession of the Equipment

without any court order or other process of law and for such purpose

may enter upon any premises where the Equipment may be, remove

the same and apply any proceeds from any sale or lease of the

Equipment to the payment of amounts which would have been due,if

the default had not occurred; and (d) we havethe right to exercise any

remedy at law or equity, notice thereof being expressly waived by you.

Ourdelay or failure to exercise a remedy constitutes neither a waiver

of any other remedy or a release of your liability to return the

Equipment or for any loss or Claim with respect thereto. You shall be

liable for all reasonable costs and expenses incurred in the

repossession, recovery, storage, repair, sale, re-lease or other

disposition of the Equipment.

18. SEVERABILITY. The provisions of this Lease are severable and

shail not be affected or impaired if any one provision is held

unenforceable, invalid, or illegal. Any provision held in conflict with

any statute or rule of law shall be deemed inoperative only to the

extent of such conflict and shall be modified to conform to such statute

or rule.

19. RELEASES. To the extent permitted by applicable law, you

hereby waive your rights to: (a) cancel or repudiate this Lease, (b)

revoke acceptance of or reject the Equipment; (c) claim a security

interest in the Equipment; (d) accept partial delivery of the Equipment;

(e) sell or dispose of the Equipment upon rejection or revocation; (f)

seek "cover" in substitution for this Lease from us.

20. MITIGATION OF DAMAGES. Should we use or dispose of any

returned or repossessed Equipment, wewill credit the amount that you

owe with any excess which we actually recover over the cost of

retaking and disposing of the Equipment. Any action under this Lease

by you for claims against us for indemnity, misrepresentation, breach

of warranty and contract default or any other matter shall be

commenced within one (1) year after any such cause of action

accrues. The provisions of this Section 20 shall be applied only to the

extent permitted by the laws of the state where the Equipmentis

located.

21. MISCELLANEOUS. Regardless of any conflicting provisions in

this Lease, this Lease will be governed by the laws of the state in

which the Equipment is located. Any change in any of the terms and

conditions of this Lease must be in writing and signed by us. If we

delay or fail to enforce any of our rights under this Lease, we will still

be entitled to enforce those rights at a later time. It is the express

intent of the parties not to violate any applicable usury laws or to

exceed the maximum amount of time price differential or interest, as

applicable, permitted to be charged or collected by applicable law, and

such excess payment will be applied to Lease Payments in inverse

order of maturity, and any remaining excess will be refunded to you. If

you do not perform your obligations under this Lease, we have the

right, but not the obligation, to take any action or pay any amounts that

we believe are necessary to protect our interests. You agree to

reimburse us immediately upon our demand for any such amounts

that we pay. All representations, warranties and covenants made by

you hereunder shall survive the termination of this Lease and shall

remain in full force and effect. All of our rights, privileges and

indemnities under this Lease, to the extent they are fairly attributable

to events or conditions occurring or existing on or prior to the

expiration or termination of this Lease, shall survive such expiration or

termination and be enforceable by us and our successors and assigns.

You agree that we may disclose any information provided by you to us

or created by us in the course of administering this Lease to any of our

parent or ~ affiliates.

GEM SSLPA- 01/16/14

BY SIGNING BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS

LEASE.

UPPER PERKIOMEN SCHOOLDISTRICT HEWLETT-PACKARD FINANCIAL SERVICES COMPANY

27“AuthorizedDAA

Sam ss] Lxkde fes SEE

Print Nameame

Lf PES 20e #

Date

Authorized Signature

Print Name & Title

Date

CERTIFICATION

|, the undersigned, DO HEREBY CERTIFY that | am a duly elected or appointed and acting officer (or duly authorized designee of such officer) of

Upper Perkiomen SchoolDistrict (the “Customer’), a political subdivision or agency or department of the State of Pennsylvania and that | have custody

of the records of the Customer; that the individual executing the above State and Local Government Single Schedule Lease Purchase Agreement(the

"Lease”) on behalf of the Customer is incumbentin the office printed or typed below his/her signature and is duly authorized to execute and deliver the

Lease andall related documents, in the name and on behalf of the Customer; and that the signature of such individual is his/her authentic signature.

IN WITNESS WHEREOF,| have hereto set my hands and affixed the seal of the Customerthis dayof , 2020.

Certifier’s Signature

{To be executed by person other than individual executing above lease.]

Print Name

Print Title

GEM SSLPA- 04/03

iT Excellence

We have prepared a quote for you

Upper Perkiomen SD Refresh

Quote # LANO02377

Version 1

Preparedfor:

Upper Perkiomen SchoolDistrict

Jim Roth

[email protected]

600 Noble Street

Suite 230

Kutztown, PA 19530

www.lantekonline.com

(610) 683-6883IT Excellence

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600 Noble Street

Sute230 _

Kutztown, PA 19530

www.lantekonline.com(610) 683-6333

IT Excellence

Upper Perkiomen SD Refresh

Prepared by: Prepared for: Quote Information:

LANtek Upper Perkiomen SchoolDistrict Quote #: LAN002377

Michelle Houpt 2229 East Buck Road Version: 1

(610) 683-6883 Pennsburg, PA 18073 Delivery Date: 06/11/2020

Fax (610) 683-7560 Jim Roth Expiration Date: 03/11/2020

[email protected] (610) 780-7213

[email protected]

Quote Summary

ProBook $191,425.00

Total: $191,425.00

*Optional Expenses

ProBook Standard Care Pack Options $24,375.00

Optional Subtotal: $24,375.00

Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.

LANtek Upper Perkiomen School District

Signature: Signature:

Name: Michelle Houpt Name: dimRoth Saf. /, Lx sc]

Title: Sales Assistant/ Account Manager Date: closeoro

Date: 06/11/2020

600 NobleStreetSuite 230

Kutztown, PA 19530

www.lantekonline.com -

(610) 683-6883 _

IT Excellence

- Terms and Conditions

Service Estimates

Please Note: Professional Service estimates provided on this quotation are ESTIMATESand represent aGoodFaith Attempt to accurately predict the total amount of time required to complete the stated scope ofwork. Final service charges will be tallied upon completion of the scope of work and invoiced at the rateindicated. Final Professional Service charges mayvary from the estimates provided.

Hardware Quotes

important Notice: Due to recently implementedtariffs on the technology & materials imports, most majortechnology manufacturers (including - but not certainly limited to - HP inc., Hewlett Packard Enterprise, Dell,and Cisco) have alerted us that their USA product prices are expected to be extremelyvolatile for the next 60-90 days minimum.All LANtek sales personnel are keeping a close watch on prices and wewill continue tostrive to honor quoted prices wheneverpossible and for as long as possible. Please be awarethat ourentireindustry is directly affected by the newesttariffs and, as such, quoted prices mayfluctuate on a daily basis.

CROSSING GUARD SERVICES AGREEMENT

THIS CROSSING GUARD SERVICES AGREEMENT (this "Agreement") is made and entered into as of the date specified on the signature page hereof, by and between Everything Parking, Inc d/b/a Cross Safe, a North Carolina corporation ("Cross Safe"), and the party listed on the signature page hereof under the word "Establishment" (the "Establishment").

Statement of Purpose

Cross Safe is engaged in the business of providing Crossing Guard services to schools for their students. Establishment is a school that desires to retain Cross Safe to provide Crossing Guard services to Establishment and its students, and Cross Safe desires to accept such engagement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the foregoing Statement of Purpose, the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:

1. Term

The term of this Agreement shall begin on the date set forth above and shallcontinue for a period of one (1) year. Thereafter, the term of this Agreement shall renew automatically on the termination date of this Agreement for up to two (2) additional and successive one (1) year periods unless and until otherwise terminated by either party giving at least thirty (30) days written notice to the other party prior to the end of any one (1) year term hereof that this Agreement shall terminate effective on the applicabletermination date of this Agreement. Notwithstanding the foregoing, in the event that theapplicable federal, state or local minimum wage for employees of Cross Safe increases byany amount at any time during the term of this Agreement, Cross Safe may terminate thisAgreement at any time after such increase by giving at least thirty (30) days advancedwritten notice thereof to Establishment.

2. Engagement and Duties of Cross Safe

During the term of this Agreement, Cross Safe shall provide Crossing Guardservices to Establishment and its students at Establishment's business locations (the "Locations") listed on, and in accordance with the terms and conditions contained in, Exhibit A, which is attached hereto and hereby made a part hereof (the "Services"). During the term of this Agreement, Cross Safe shall have the exclusive right to provide such Services to Establishment and its patrons at the Locations, and Establishment shall not enter into any comparable arrangements for such Services or otherwise interfere with the provision of Services hereunder by Cross Safe.

Attachment J

Cross Safe shall ensure that all Crossing guards assigned to provide services to the Client pursuant to this Agreement have, prior to being assigned, completed and passed all applicable background checks/certifications as required by the Pennsylvania Public School Code as well as the Child Protective Services Law. 3. Personnel and Equipment Cross Safe shall provide all personnel and equipment reasonably necessary to carry out its responsibilities and duties under this Agreement, including, but not limited to, signs, uniforms, and other necessary supplies.

Establishment retains the right to request that in its opinion if the crossing guard is not properly performing their duty that they not provide service to the district. 4. Fees During the term of this Agreement, Establishment shall pay to Cross Safe an hourly fee in the amount of Twenty Two Dollars and Ten Cents per crossing guard per hour and per supervisor per hour ($22.10/labor hour) ("Fees"). Thereafter, Fees will increase by 1% on an annual basis each July 1 until contract termination. Fees will be billed monthly and shall be due net 30 days. A $25.00 late fee will be charged for any invoices which are past due.

Fees set forth are subject to adjustment in the event that Cross Safe experiences an increase and/or decrease in its costs mandated by any governmental authority as a result of Federal, State or local minimum wage rates, mandated paid time off and/or sick leave, mandatory vacation time, changes in overtime wage regulations. It is hereby agreed that should any governmental authority with jurisdiction hereof (Federal, State, or Local) increase the mandatory minimum hourly wage beyond that which exists at the time of execution of this Agreement, employees shall receive the proportional dollar increase mandated by law and will be billed at 1.2 cents for each 1.0 cent increase. 5. Other Duties of Establishment None 6. Independent Contractor In accordance with this Agreement, Cross Safe and all Cross Safe’s representatives, employees, agents, or subcontractors, at all times shall act as an independent contractor and not as employees, agents, partners of, or joint venturers with the Establishment. Cross Safe shall be responsible for making all withholding and paying all federal, state, and local taxes including, but not limited to, applicable income, social security, worker's compensation and unemployment compensation taxes.

7. Insurance and Limitation of Damages During the term of this Agreement, Cross Safe shall maintain general liability insurance coverage with a policy limit of at least Two Million Dollars ($2,000,000) and property damage insurance coverage with a policy limit of at least One Million Dollars ($1,000,000). Cross Safe shall name Establishment as an additional insured on such policy and shall provide copies of certificates of insurance thereof to Establishment on a current basis. Cross Safe shall not be required to provide security for any Location and shall not be considered an Insurer of the property of Establishment or Establishment's patrons. Cross Safe acknowledges its responsibility and liability for its acts and omissions as well as for the acts and omissions of its employees, agents, and representatives; however, Cross Safe will not operate as an insurer for Establishment, and the parties agree that Cross Safe is not, by virtue of this Agreement, assuming any liabilities for damages caused by any third party’s negligence. 8. Rights Upon Relocation In the event that Establishment relocates its business from any of the Locations, Cross Safe may terminate this Agreement immediately upon such relocation. 9. Employees, Agents and Subcontractors Establishment acknowledges and agrees that Cross Safe has incurred substantial expense in training its personnel and that Cross Safe' personnel are extremely valuable to Cross Safe in the continuation of its business. Establishment further agrees that the economic loss to Cross Safe if such personnel should leave the employ of Cross Safe and become employed or be retained directly or indirectly by Establishment would be substantial. Accordingly, Establishment agrees that it will not during the term of this Agreement and for a period of one (1) year after the effective date of the termination of this Agreement, (i) employ, hire, retain or contract with, directly or indirectly, any of Cross Safe's current or former employees, agents or subcontractors who, during the term of this Agreement, performed any services hereunder or (ii) in any way interfere with the employment or contractual relationship between Cross Safe and any of its employees, agents, or subcontractors. In the event that Establishment breaches or violates this Section 9, Establishment agrees to pay to Cross Safe on demand the sum of $5,000 as liquidated damages for such breach or violation. The parties acknowledge that Cross Safe’s actual damages in the event of such a breach or violation by Establishment will be difficult to ascertain, that such liquidated damages represent the parties’ best estimate of such damages and that the parties believe such liquidated damages are a reasonable estimate of such damages.

10. Default In the event that either party is in default with respect to any of the provisions of

this Agreement, the non-defaulting party shall have the right to terminate this Agreement effective on the date seven (7) days after the date of notice to the defaulting party by the non-defaulting party of the non-defaulting party's intention to so terminate if such default is not cured to the non-defaulting party's satisfaction within said seven (7) day period. In the event of any such termination, the non-defaulting party shall be entitled (i) to pursue such remedies as are available to it in law or in equity and (ii) to recover from the defaulting party reasonable costs and attorneys' fees incurred by the non-defaulting party in conjunction with the same, if such non-defaulting party is the prevailing party in any litigation. 11. Assignment

A party to this Agreement shall not assign or transfer its rights, duties or obligations hereunder unless the other party hereto consents to such assignment in writing prior to any such assignment, such consent not to be unreasonably withheld. Provided, however, that Cross Safe may, at any time and in its sole discretion, (i) assign its rights and obligations under this Agreement to any of its affiliates and (ii) subcontract to a third party any of its obligations under this Agreement. 12. Notices

All notices and other communications hereunder must be in writing and shall be deemed to have been duly given when personally delivered or when placed in the United States mail, first-class, postage prepaid, addressed to the party to whom such notice is being given at the address set forth below: If to Cross Safe: Cross Safe Attn: Brian A. Haupricht, President 1415 South Church Street, Suite T Charlotte, North Carolina 28203

If to Establishment: Upper Perkiomen School District Attn: Sandra M. Kassel, Business Manager

2229 East Buck Road Pennsburg, Pennsylvania 18073

A party may change the address to which such notices shall be given by notifying the other party in accordance with this Section 12 of such change of address. 13. Severability

Should any provision of this Agreement or any part thereof be held under any

circumstances in any jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this Agreement or other part of such provision.

14. Governing Law This Agreement shall be deemed to have been made and entered into in the State

of Pennsylvania, and the construction, validity and enforceability of this Agreement shall be governed by the laws of the State of Pennsylvania, without reference to the conflict of laws provisions thereof. 15. Entire Agreement

This Agreement constitutes the entire agreement between the parties hereto with

respect to the subject matter hereof. The terms and provisions of this Agreement shall survive the expiration or termination of this Agreement to the extent required to give full force and effect thereto. All prior contemporaneous or other oral or written statements, representations or agreements by or between the parties with respect to the subject matter hereof are merged herein. 16. Miscellaneous

This Agreement shall inure to the benefit of the parties hereto and their respective

permitted successors and assigns. This Agreement shall not be changed or modified orally but only by an instrument in writing signed by the parties, which states that it is an amendment to this Agreement.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year set forth below. "Cross Safe" "Establishment" CROSS SAFE UPPER PERKIOMEN SCHOOL

DISTRICT By: _______________________________ By:_______________________________

Brian A. Haupricht Sandra M. Kassel President Business Manager Contract Execution Date: July 1, 2020 EXHIBIT A I. Locations

A. To be determined by Establishment II. Terms and Conditions

A. Cross Safe shall provide Crossing Guard services to Establishment and its students on the following days and at the following times: 1. Days of the Week:

180 school days per year

2. Hours of Service: (6 guard posts + field supervisor) 7:00am – 8:00am 2:15pm – 3:15pm

B. Cross Safe shall provide additional Crossing Guard services to Establishment and its students on the following conditions: Same rate as outlined in Section 4. Fees.

C. Field Supervisor shall not exceed 10 labor hours per week

upper perkiomen school district · 2020-06-24 · board workshop – june 25, 2020 page 2 of 4...

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