Regular Board of Education Meeting Unified School District

Regular Board of Education Meeting Unified School District No. 457 Monday, August 9, 2021 – 6:00 p.m. Board Meeting Room, Educational Support Center 1205 Fleming Street, Garden City, Kansas

Board of Education Members:

Lara Bors, Tim Hanigan, Dana Nanninga, Janene Radke, Mark Rude, Jennifer Standley, Alex Wallace

A. PLEDGE

B. APPROVAL OF AGENDA

C. DELEGATIONS, Q & A, PUBLIC COMMENTS, (a speaker or group will be allotted five minutes to speak after signing a request to address the Board of Education), RECOGNITIONS, COMMITTEE REPORTS

D. CORRESPONDENCE

Consent Agenda

E. CONSENT AGENDA

1. Minutes of the July 26, 2021 Board of Education Meeting ................................................... pp. 1-7

2. Accounts Payable

3. Personnel

a. Certified ...................................................................................................................................... p. 8

b. Classified .............................................................................................................................. p. 9-10

4. Other

a. Consider approval of a Revised Agreement between Elevate K-12 and Garden City USD #457 for live streaming instruction ............................................................................... pp. 11-35

b. Consider approval of the Cooperative Agreement and Letter of Understanding between Garden City Community College and Unified School District No. 457 Garden City Public Schools (Outreach Sites) for the 2021-22 Academic Year .......................................... pp. 36-38

c. Consider approval of the Crossing Guard Agreement between the City of Garden City and Unified School District No. 457, Garden City Public Schools ................................... pp. 39-40

d. Consider approval of the Law Enforcement Officer Assignment Agreement between the City of Garden City and Unified School District No. 457 ......................................... pp. 41-43

Discussion Items

F. BOARD GOAL UPDATE

1. Threat Assessment Training – BG 5.3 - Continue to evaluate and update district safety and security plans including regular communication and coordination with local emergency service agencies.

2. KSU Leadership Academy – BG 2.3 – Create and implement a comprehensive professional development plan designed to meet the needs of individual staff members, which includes variety in delivery methods and a component of moving from a novice to master teacher.

G. UNFINISHED BUSINESS 1. Discussion of the 2021-22 District Budget and consider approval for publication.

H. BOARD OPEN DISCUSSION / SELF EVALUATION

I. NEXT BOARD MEETING - THE NEXT MEETING OF THE BOARD OF EDUCATION WILL TAKE PLACE ON THURSDAY, AUGUST 19, 2021, AT 5:30 P.M. IN THE BOARD MEETING ROOM AT THE EDUCATIONAL SUPPORT CENTER, 1205 FLEMING STREET, GARDEN CITY, KANSAS.

Adjournment

J. ACCOUNTS PAYABLE REVIEW: MARK RUDE AND LARA BORS

MINUTES Regular Board of Education Meeting

Garden City Unified School District No. 457 Board Meeting Room, 1205 Fleming Street

Monday, July 26, 2021; 6:00 p.m. Page 1

The Board of Education of Garden City USD 457 met in regular session on Monday, July 26, 2021, at 6:00 p.m. in the Board Meeting Room, 1205 Fleming Street, Garden City, Kansas 67846.

Board members present were Lara Bors, Tim Hanigan, Dana Nanninga, Mark Rude, Jennifer Standley and Alex Wallace. Joining board members at the conference table was Superintendent, Steven Karlin. Also in attendance were Heath Hogan, Deputy Superintendent; Glenda LaBarbera, Assistant Superintendent of Student Services; and Colleen Drees, Financial Officer. Approximately 3 observers were present in the audience.

Alex Wallace, President, called the meeting to order at 6:00 p.m. The meeting opened with the Pledge of Allegiance.

APPROVAL OF AGENDA

DELEGATIONS, Q & A, PUBLIC COMMENTS, (a speaker or group will be allotted five minutes to speak after signing a request to address the Board of Education), RECOGNITIONS, COMMITTEE REPORTS

Dr. Karlin presented Lara Bors with a plaque to recognize her service as board president for the 2020-21 school year.

Chad Knight, YMCA requested to address the Board of Education regarding the tackle football program. He was given five minutes to present his information to the Board.

CORRESPONDENCE – None.

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Motion X Second X Aye X X X X X X Nay

Abstain

Motion: That the Board of Education approve the meeting agenda with the following amendments:

1. Additional certified and classified personnel actions forconsideration, Item #E-3.

2. Move Item #E-4-b, Administrator Personnel Handbook toItem #H-2, New Business.

3. Add Item #E-4-g, Consider approval of the Revised DistrictAttendance Officers.

4. Add Item #E-4-h, Consider approval of the RevisedResolution to Appoint Hearing Officers/CommitteeMembers to Hear Extended Term Suspension/ExpulsionDue Process Hearings.

5. Add Item #E-4-i, Consider approval of the agreementbetween Elevate K-12 and Garden City USD #457 for livestreaming instruction.

6. Add Item #E-4-j, Consider approval of the Garden CityHigh School 2021-22 Out of State Trips.



Monday, July 26, 2021; 6:00 p.m.

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APPROVAL OF CONSENT AGENDA

1. MINUTES of the July 12, 2021 Board of Education Meeting – approved as presented.

2. ACCOUNTS PAYABLE totaling $5,991,581.07, noting that all major accounts contain adequate balances to meet current obligations – approved as presented.

3. PERSONNEL – approved all certified and classified personnel action as follows: a. Certified

Appointments: Amy Calderon, Madelyn Martinez-Valdes, Alejandra Rojas De Robles, Kelsi Shannon, Katelyn Shoffner, Maricela Villa, Ariana Wheet Resignations:

• Debra Chappel will be released from her 2021-22 contract without a suitable replacement for her position and waiver of the $4,000 liquidated damages fee.

• Catherine Cooper Cridland will not be released from her 2021-22 contract until a suitable replacement is found and she will be assessed a $4,000 liquidated damages fee.

• Amanda Wilkinson will not be released from her 2021-22 contract until a suitable replacement is found and she will be assessed a $4,000 liquidated damages fee.

Transfers: • Skylar Hayes – from school psychologist position at the Therapeutic Education Program to

school psychologist position at Georgia Matthews Elementary School • Michelle Law – from English as second language position at Bernadine Sitts Intermediate

Center to fifth grade mathematics position at Bernadine Sitts Intermediate Center • Morgan Luna – from English as second language position at Florence Wilson Elementary School

to .50 art/.50 English as second language position at Florence Wilson Elementary School • Cara Marquez – from kindergarten position at Abe Hubert Elementary School to first grade

position at Abe Hubert Elementary School • Molly Slansky-Hayes – from school psychologist position at the Therapeutic Education Program

to school psychologist position at Kenneth Henderson Middle School • Joshua Sauer – from art position at Florence Wilson Elementary School and Buffalo Jones

Elementary School to art position at Victor Ornelas School and Buffalo Jones Elementary School • Vestal Teeter – from fourth grade position at Gertrude Walker Elementary School to third grade

position at Gertrude Walker Elementary School

b. Classified Appointments: Nancy Colocho, Eryka Foster, Olivia Galpin, Ailyn Garcia, Allan Garcia, Raegan Hawley, Andrew Herring, Ashley Kellum, Rian Linenberger, Guadalupe Nunez, Carl Anthony Otero III, Nicole Porras, Diana Ramirez-Hernandez, Paula Stevenson, Roberto Torres Rosales

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Motion X Second X Aye X X X X X X Nay Abstain

Motion: That the Board of Education approve all consent agenda items as amended. Approved actions are as follows:



Monday, July 26, 2021; 6:00 p.m.

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Resignations: Joryanna Anson, Kaci Bunch, Dorothy Favela, Chelsea McCallum, Jami Ramirez, Brandon Smith Retirement: Glenna McGee Transfers:

• Jennifer Ramos from administrative assistant registrar at Garden City High School to administrative assistant recruiting at the Educational Support Center

Other: • Moved an open special education position on hold to Florence Wilson Elementary School • Approved the 2021-22 Psych Paraprofessional Calendar • Closed the special education paraprofessional position formally held by Wanda Dougherty • Moved Gloria Garcia from Office Assistant-Special Education to Office Specialist-Special

Education • Closed the Nutrition Administrative Secretary position currently held by Norma Montano • Moved Susana Esquivel from Administrative Secretary-Nutrition to Administrative Specialist-

Nutrition • Moved Rita Keim from Administrative Assistant-Nutrition to Nutrition Assistant-

Administrative Services

4. OTHER a. Revisions to Policy CCA District Organizational Chart – approved as presented. b. Classified Personnel Handbook – approved as presented. c. Agreement between Unified School District No. 457 and Kansas Educational Technology

Consortium, Inc. (WebKIDSS) for the 2021-22 school year – approved as presented. d. Certified Physical Therapist Services Agreement between Unified School District No. 457 and

Jessica King – approved as presented. e. Certified Physical Therapist Services Agreement between Unified School District No. 457 and

Living at Home LLC (Brenda Drees) – approved as presented. f. Handbooks – noting additions and corrections by reviewers – approved as presented:

• Abe Hubert Elementary School Staff Handbook • Nutrition Services Cashier Handbook • Nutrition Services Manager Handbook • Nutrition Services Staff Handbook • Special Education Para Handbook • Special Education Parent Handbook • Special Education MIS Procedural Manual

g. Revised District Attendance Officers appointment – approved as presented. h. Revised Resolution to Appoint Hearing Officers/Committee Members to Hear Extended Term Suspension/Expulsion Due Process Hearings – approved as presented.



Monday, July 26, 2021; 6:00 p.m.

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i. Agreement between Elevate K-12 and Garden City USD #457 for live streaming instruction – approved as presented. j. Garden City High School 2021-22 Out of State Trips – approved as presented.

• Cross Country Canon City, CO 9/30/21 • Wrestling Pine Creek, CO 12/3/21 • Basketball Guymon, OK 12/3/21 • Wrestling Palmer Ridge, CO 12/11/21 • Basketball Enid, OK 12/21/21 • Wrestling Kansas City, MO 12/17/21 • Soccer Guymon, OK 4/5/22 • Golf Norman, OK 4/21/22 • National FFA Conference Indianapolis, IN 10/27/21 to 10/30/21 • Night at the Lab Kansas City, MO no date set • FCCLA Fall Conference Dallas, TX 11/5/21 to 11/7/21 • JEA Conference (Newspaper) Philadelphia, PA 11/10/21 to 11/14/21 • National Robotics no location set no date set • Buffalo Coffee Shop Lake of the Ozarks no date set • ProStart Nationals no location set 5/8/22 to 5/10/22 • National Individual Events

Tournament of Champions no location set no date set • Cultural Unity Conference Nebraska 5/9/22 to 5/12/22 • Art Club Denver, CO 5/23/22 to 5/26/22 • Band, Orchestra, Choir, Theatre Orlando, FL 5/21/22 to 5/27/22 • NSDA Nationals (Debate) Louisville, KY 6/12/22 to 6/17/22 • Educators Rising Nationals Washington, DC 6/24/22 to 6/27/22 • International Thespian Festival Bloomington, IN 6/20/22 to 6/25/22 • FCCLA National Leadership San Diego, CA 6/29/22 to 7/3/22

BOARD GOALS UPDATE

1. TNTP Summer School Recap (BG 1.9, 2.3, 2.6) – Glenda LaBarbera, Assistant Superintendent introduced Angela Maldonado and Jennifer Jensen with TNTP and they presented a summer school recap which served approximately 715 students, grades K-8.

Board members questions were answered.



Monday, July 26, 2021; 6:00 p.m.

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UNFINISHED BUSINESS

1. ESSER Plan 2021-22 (BG 4.4)

• Contract between Renaissance Learning, Inc. and Garden City

Public Schools for myON reading subscription and services in the amount of $146,529.80.

• First Amendment to the Agreement between Garden City Public Schools and TNTP, Inc. for professional development in the amount of $148,040.00.

• Agreement between LeaderinMe and Garden City Public Schools for services to Plymell Elementary School in the amount of $43,068.50.

• Agreement between dreambox Learning and Garden City Public Schools in the amount of $107,575.60

• Online tutoring agreement between Garden City Public Schools and TutorMe in the amount of $16,500.00

2. COVID Response Plan 2021-22 (BG 5.3)

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Motion X Second X Aye X X X X X Nay X Abstain

Motion: That the Board of Education approve the ESSER Plan as presented at the July 12, 2021 Board of Education Meeting to include the following agreements:

Motion: That the Board of Education approve the COVID Response Plan 2021-22 as presented adding “COVD” to the title.



Monday, July 26, 2021; 6:00 p.m.

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3. Presentation of the 2021-22 Budget – Colleen Drees, Financial Officer presented information on the general fund budget, local option budget, budget priorities, enrollment summary, assessed valuation, summary of mill levels, positive and negative impact factors and budget timeline. Board members questions were answered.

NEW BUSINESS

1. Board of Education Committee Assignments 2021-22 – Alex Wallace, President distribute the list of board committees for board members to sign up.

2. Administrator Handbook:

BOARD OPEN DISCUSSION / SELF EVALUATION

Dr. Hanigan stated that he agrees that it is a parent’s decision whether their child receives the vaccine but there is misinformation about it. He gave information about the vaccine.

Mark Rude stated that the booster clubs are not affiliated with the District but we should encourage our booster clubs to follow good business practices.

Lara Bors stated that she feels that a lot was done at this board meeting for our students such as the TNTP summer school program and the ESSERS funding approvals. She stated that the KASB Annual Convention is being held November 5-7 in Overland Park, Kansas. She stated that Dr. Watson with KSDE will be at Horace Good for a visit on July 29th. She congratulated all students that participated in the Finney County Fair last week. She stated that band camp started today.

Dana Nanninga stated that last week was summer robotics camp. She stated that she is amazed by the dedication of all of our staff.

Alex Wallace stated that he participated on a committee last week to discuss HVAC upgrades for the district and feels that we are doing well as a district in managing our strategic plan updates.

NEXT BOARD MEETING - THE NEXT MEETING OF THE BOARD OF EDUCATION WILL TAKE PLACE ON MONDAY, AUGUST 9, 2021, AT 6:00 P.M. IN THE BOARD MEETING ROOM AT THE EDUCATIONAL SUPPORT CENTER, 1205 FLEMING STREET, GARDEN CITY, KANSAS.

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Motion: That the Board of Education approve the Administrator Handbook as presented.



Monday, July 26, 2021; 6:00 p.m.

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EXECUTIVE SESSION – the following action was taken.

The open meeting resumed in the boardroom at 8:25 p.m. and the following action was taken:

ADJOURNMENT – There being no further business to come before the board, the following action was taken.

Respectfully submitted, Approved: ______________________________________ ________________________________ Stephanie DeLoach, Clerk Alex Wallace, President

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Motion X Second X Aye X X Nay X X X X Abstain

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Motion: That the Board of Education meeting be adjourned at 8:31 p.m.

Motion: That the Board of Education go into executive session for 20 minutes, to discuss personnel matters pursuant to the non-elected personnel exception under KOMA, beginning at 8:05 p.m. and the open meeting will resume at 8:25 p.m. I would like to invite Dr. Karlin, Health Hogan and Ryan Elliott to join us in executive session.

Motion: That the Board of Education rescind the board action taken on July 12, 2021 regarding Ryan Elliot and release him from his 2021-22 contract without a suitable replacement for his position upon receipt of the $2,500 liquidated damages fee.

Page 1 of 1

BOARD OF EDUCATION

Certified Personnel Actions August 9, 2021

TRANSFERS:

Vita DeLaRosa – from ESL interventionist position at Charles Stones Intermediate Center to ninth grade position at the Garden City Alternate Education Center.

Kayla Kendrick – from third grade position at Jennie Wilson Elementary School to fourth grade position at Jennie Wilson Elementary School.

Michelle Law – from ESL interventionist position at Bernadine Sitts Intermediate Center to mathematics position at Bernadine Sitts Intermediate Center.

POSITION REQUEST: Melinda Stewart, principal at Jennie Wilson Elementary School, is requesting to open a 1.0 fourth grade position due to enrollment.

STUDENT TEACHER AGREEMENTS:

LaRae Boaldin – Fort Hays State University

Karen Dubois – Newman University

Jenna Greenlee – Fort Hays State University

Maricela Janas – Newman University

Cecelia Orteaga – Newman University

Miriam Solorzano – Newman University

Carlos Zarpate-Batres – Newman University

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BOARD OF EDUCATION

Classified Personnel Actions August 9, 2021

RESIGNATIONS POSITION BUILDING DATE

Garcia, Olivia Special Education Paraprofessional

Garfield Early Childhood Center

06/18/2021

Hernandez, Olivia Office Specialist Elementary

Buffalo Jones Elementary

09/30/2021

Lobmeyer, Adrianne Special Education Paraprofessional

Victor Ornelas Elementary

06/18/2021

APPOINTMENTS POSITION BUILDING DATE

Arzate, Elida Nutrition Assistant Charles Stones Elementary

08/05/2021

Barrios, Leslie Marie Health Paraprofessional

Plymell Elementary/Buffalo Jones Elementary

08/05/2021

Clark, Shaylyn Dawn Special Education Paraprofessional

Therapeutic Education Program

08/05/2021

De Murrillo, Olivia Custodian-Substitute Plant Facilities 08/05/2021

Gracia, Michelle Special Education Paraprofessional


08/05/2021

Irigoyen-Aguirre, Evelyn

.05 Office Specialist

Garden City High School

07/27/2021

Juarez Castillo, Ma Del

Nutrition Assistant Horace Good Middle School

08/05/2021

Mena, Alondra Intervention Paraprofessional

Buffalo Jones Elementary

08/05/2021

Nichols, Hailey Special Education Paraprofessional

Garfield Early Childhood Center

08/05/2021

Ortiz, Elsa Custodian-Substitute Plant Facilities 07/27/2021

Oritz, Emily Intervention Paraprofessional

Abe Hubert Elementary

08/05/2021

Perez, Dulce Special Education Paraprofessional

Florence Wilson Elementary

08/05/2021

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APPOINTMENTS POSITION BUILDING DATE Radke, Jaclyn Special Education

Paraprofessional Therapeutic Education Program

08/05/2021

Ricks, Mara

Special Education Paraprofessional


08/05/2021

Solkey, Laura Library Paraprofessional

Georgia Matthews Elementary/Gertrude Walker Elementary

08/05/2021

TRANSFER FROM TO DATE

Phillips, Mandy

Special Education Paraprofessional Alta Brown Elementary

Special Education Paraprofessional Therapeutic Education Program

07/26/2021

Otero, Carl Anthony III

Substitute Custodian Plant Facilities

Night Custodian Gertrude Walker Elementary School

07/26/2021

OTHER

Tracy Johnson, Director of Nutrition

• Request to change the hours for the Garden City High School Nutrition Assistant from a 3-hour position to a 6-hour position. Joan Halle currently holds the position.

HIGH-QUALITY LIVE STREAMING INSTRUCTION

MASTER SERVICES AGREEMENT

THIS MASTER SERVICES AGREEMENT (“AGREEMENT”) IS ENTERED INTO AND EFFECTIVE ASOF THE DATE WHEN THE LAST OF THE PARTIES HERETO EXECUTES THIS AGREEMENT(“EFFECTIVE DATE”) IS BY AND BETWEEN EDBLOX, INC., d/b/a Elevate K-12(“COMPANY”) WITH RESPECT TO THE COMPANY’S LIVE STREAM INSTRUCTION SERVICES(COLLECTIVELY THE “SERVICE”) AND THE RELATING DOCUMENTATION AND THE GardenCity USD #457 (THE “CUSTOMER” OR “YOU’). BY SIGNING THIS AGREEMENT, YOU HEREBYAGREE TO THE TERMS OF THIS AGREEMENT AND WARRANT THAT YOU HAVE THEREQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND EACH SCHOOL IN THE DISTRICTTO USE THE SERVICE PURSUANT TO THIS AGREEMENT.

1. Certain Definitions.

1.1 “District” is the administrative body that supervises Schools within a specifiedterritory.

1.2 The current “Privacy Policy” of Company is available athttps://elevatek12.com/assets/pdf/ElevateK12_Privacy_Policy_2017.pdf provided thatCompany reserves the right to change the Privacy Policy from time to time.

1.3 A “School” is a building or set of buildings that comprise one educational unit(i.e., an elementary school, middle school, junior high school or high school) subject tothis Master Services Agreement.

1.4 The “Scope of Work”, attached hereto as Exhibit A, is the document whichconfirms the specific order details of Customer’s purchase of products and serviceshereunder, including the term, pricing and payment terms and a list of the Schools, ifavailable, authorized under this Agreement to access such products and services. TheScope of Work may be amended from time to time by written agreement of theparties hereto. In no event shall the Scope of Work serve to amend the terms of thisAgreement and in the event there is a conflict between this Agreement and theScope of Work, the terms of this Agreement shall prevail.

1.5 “Service Period Budget ” shall have the meaning specified in the Scope of

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Doc ID: eca5a35ee771be36f9756346e1dd6ff5c10fecb5


Work. “Agreement Term Dates” shall have the meaning specified in the Scope ofWork.

1.6 The “Site” shall mean Elevate K-12 https://www.portalelevate.com/Account/LogOn.

1.7 “Academic Year” shall mean the first day of instruction provided by Customerto Students through the last date of instruction for the regularly scheduled school year,excluding summer school and any breaks per Customer’s school calendar.

1.8 A “Student” is an individual enrolled in a School.

1.9 A “Classroom Coordinator” is a teacher, paraprofessional or other educationprovider employed by a School or School District in order to help implement andmanage the Services within the classroom where students are enrolled.

2. Term and Pricing. The term and pricing details of this Agreement are set forthon the Scope of Work attached hereto as Exhibit A.

3. License Grants and Restrictions.

3.1 Grant and Privacy Restrictions.

3.1.1 Company grants to Customer a nonexclusive, nontransferable, limitedright and license to use the Service accessible at the Site at all Schools listed in theSchool list set forth in the Scope of Work (“Authorized Schools”), subject to all of theterms and conditions of this Master Services Agreement. Unless a particular right isexpressly granted herein, it is expressly excluded in this license. The Service may onlybe accessed by the Authorized Schools and Number of Authorized Students as setforth on the Scope of Work and, for purposes of clarity, once a Student is licensed toaccess the Service (“Licensed Student”), such license cannot be transferred to or usedby any other Student or other third party during the then-current school year. Theforegoing license is specific to such Authorized Schools and Number of Authorized

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Students and is not a grant for concurrent use of the Service.

3.1.2 All information provided to Company or through the Service by individualusers of the Service is subject to the Company Privacy Policy. Company’s use of userinformation shall be limited to the uses provided under the Privacy Policy.

3.2 Ownership and Proprietary Rights.

3.2.1 Customer acknowledges that the Service and the Site and all intellectualproperty rights associated therewith are proprietary to Company and its partners,parents, subsidiaries, agents, affiliates and/or licensors (together, hereinafter “AffiliatedParties”).

3.2.2 Customer will not obscure or remove any proprietary-rights notices ofCompany or its licensors contained in the Service and the Site. Customer may not andshall not permit any other party to sublicense, lease, rent, download, reproduce,modify, display, distribute, create a derivative work of or otherwise use the Service orthe Site except as expressly provided in this Agreement. Customer may not attempt(or authorize, encourage or support attempts by others) to reverse-engineer or derivesource code from the Service and the Site or otherwise alter or interfere with theService and the Site.

4. Login Codes. A unique user name and password (“Login Code”) is required foraccess to the Service for each Student and Classroom Coordinator. Company willprovide Customer with a Classroom Coordinator Login Code during implementation.Customer will be responsible for providing information to the Company in order for theCompany to create separate Student Login Codes up to the number of authorizedstudent licenses as determined during the implementation phase of Service.Customer is responsible for securing all Login Codes and for the use of the LoginCodes, passwords and account(s). Customer shall not allow unauthorized persons touse the Login Codes and shall promptly notify Company of any unauthorized use orattempts thereof. Notwithstanding anything to the contrary, Customer shall be solelyresponsible for any authorized or unauthorized use of any log-in code, username,

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password, and access to Customer’s account by any person and shall be solelyresponsible for what information is included with respect to any student and forcompliance with all laws with respect thereto. Customer agrees to bear allresponsibility for the confidentiality of its passwords and all use, purchases, or chargesincurred from use of the Service or Site with its password. Customer is responsible formaintaining the confidentiality of its account and password and for restricting accessto School’s computers, and Customer agrees to accept responsibility for all activitiesthat occur under its account or password. Company reserves the right to refuseservice, terminate accounts, remove or edit content, or cancel orders in its solediscretion.

5. Training and Support. Training and support services, if any, will be provided asdescribed in the Scope of Work.

6. Payment Terms. Fees; Payment Terms; Collection Fees:The Customer will be invoiced, using the form or one substantially similar attachedhereto as Exhibit C (“Invoice”) based on the number of Class Periods (as defined in theScope of Work) and the price per Class Period. Upon signature of Agreement,Customer shall issue an order form in the form similar to attached hereto as Exhibit B(“Order Form”) for the Services to be delivered during the first Academic Year. Insubsequent years, Customer shall issue an Order Form at least 60 days prior to the firstday of instruction for the upcoming Academic Year. The annual invoicing is subject tothe minimum allotment of Class Periods Company is securing for the Customer per thisAgreement. For each Academic Year during the term of this Agreement, theCustomer will be invoiced and is responsible for the fees based on the Scope of Work.Company will not need to obtain another agreement from the Customer to proceedwith the Services. Company shall invoice the Customer in accordance with the BillingTerms detailed in this Agreement in the Customer Billing section and mutually agreedto under this Agreement. The Customer shall make payment to Company inaccordance with the terms selected in the Billing Terms section of Agreement. Pricesset forth in the Agreement do not include sales tax. Sales tax, if applicable, will beincluded in the invoice sent by Company to Customer, unless Customer provides

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evidence of tax exemption. Time is of the essence for all payments under thisAgreement, and in the event any overdue payment is sent by Company to acollection agency or an attorney for collection in accordance with Company’sstandard collection procedures, Customer agrees to pay all costs of collection,including without limitation all court costs and reasonable attorneys’ fees. TheCustomer shall maintain such books and records as are necessary to substantiateamounts paid to Company pursuant to this Agreement, which shall be made availableto Company for examination on request. It is Company’s policy to not carry creditsforward from one academic year to another for unused classes. It is also Company’spolicy to not provide refunds for unused classes.

7. Customer Responsibilities. The Customer will provide a point of contact “SchoolPoint of Contact” for the Services. In addition, the Customer shall, for each ClassPeriod, provide a Classroom Coordinator who will be on site in each Class. EachClassroom Coordinator will be provided training by Company. In addition, Companycan request (and the Customer shall promptly comply with such request) that anyClassroom Coordinator be replaced for non-performance or failing to perform inaccordance with Company’s training or standards, as determined by Company in itsreasonable discretion.

8. Additional Customer Responsibilities

8.1 Online Practices. Customer shall ensure that its Students and ClassroomCoordinators will not (a) upload, post, transmit, display or otherwise make available toother subscribers any messages, content or materials that (i) are vulgar, hateful,fraudulent, threatening, harassing, illegal, obscene, threatening, defamatory orinvasive of privacy, (ii) violate (intentionally or unintentionally) a contractual, fiduciaryor confidentiality obligation or duty any such person or Customer may have to anythird party, (iii) infringe any intellectual property or violate other proprietary rights, or (iv)harms minors in any way; (b) upload, post, transmit, display or otherwise makeavailable any unsolicited bulk e-mail, political campaigning, commercial solicitation,chain letters, pyramid schemes, mass mailings or any form of spam; upload, post,

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transmit, display or otherwise make available material that comprises or containssoftware viruses or other computer code designed to interfere with the functionality ofany computer Service, software or hardware; (c) interfere with or disrupt the Service orthe Site, or any networks or servers connected to or by the Service or the Site; (d)intentionally or unintentionally violate any applicable local, state, national orinternational law, (e) impersonate any person or entity or falsely state or misrepresentsuch person’s affiliation with any person; (e) violate any law or regulation; or (f) collector store personal data about any third party. In addition, Customer and its ClassroomCoordinators and Students may not use a false e-mail address, impersonate anyperson or entity or otherwise mislead as to the origin of a message or content.Customer understands and agrees that any loss or damage of any kind that occurs asa result of the use of any messages, content or material that Customer or its Schools,Classroom Coordinators and Students upload, post, transmit, display or otherwise makeavailable through the use of the Service is solely Customer’s responsibility. Customershall be responsible for any and all breaches of this Agreement by a Student orClassroom Coordinator.

8.2 Links. The Service or the Site may present links to third-party Web sites. Theselinks are provided only as a convenience to Customer. Company is not responsible forthe availability of these outside sites or their contents. Customer should direct anyconcerns regarding these third-party sites to the applicable site administrator.

8.3 Equipment. Customer shall be solely responsible for providing, maintaining andcompatibility with the Site and the Service, including all hardware, software, electricaland other requirements for Customer’s use of the Service or Site, including withoutlimitation, telecommunication equipment, internet access, web browsers or otherequipment, programs that are required to access and use the Service and the Site.Customer is responsible for ensuring their equipment meets the minimum systemrequirements of the Site and Service. Company does not guarantee or warrantcompatibility between the Site and Service and customer’s equipment.

9. Privacy, FERPA, and Compliance with Law. Company receives and handlespersonally identifiable information (“PII”) as a “school official” under the United StatesFamily Education Rights and Privacy Act, 20 U.S.C. 1232g, 34 CFR Part 99 (“FERPA”) for

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the purpose of delivering the Services as contemplated by this Agreement.PII obtained will be used solely for the purposes of performing Services under thisAgreement, and will not be disclosed to third parties except as required to provideServices to Customer contemplated in this Agreement, or otherwise as expresslypermitted by FERPA and other applicable laws.

It is Customer’s responsibility to respond to requests for education records received byCompany from third parties.

Customer represents and warrants that it is in compliance with applicable informationand on-line protection laws, including, but not limited to, COPPA and FERPA. To theextent that PII as to any Student under the age of thirteen (13) is provided toCompany, Customer represents and warrants that it has obtained all requisite consentsand authorizations or otherwise has the authority to provide such information toCompany. To the extent that any information covered by FERPA is being madeavailable to Company or to any third party (including other Students), Customerrepresents and warrants that it has given all applicable notices and has received allapplicable consents and has not received any effective objections thereto.

10. Information Security. Company maintains and enforces commerciallyreasonable practices, including administrative, technical, and physical safeguards toreasonably protect the confidentiality, availability, and integrity of Customer and enduser data in alignment with requirements of applicable laws and regulations, includingthe FERPA. This includes, but is not limited to, encryption of data in transit whensubmitted across the Internet, access controls, firewalls and user authenticationprotocols. The Internet, however, is not entirely secured, and Company will not beresponsible for security incidents not reasonably within its control.

If required by applicable laws, Company will promptly report to Customer anyunauthorized access to Customer Data and, in the event that further notification isrequired by law, will support Customer notification to its end users.

All of Servers used by Company supporting the Services are secure and located within

7



the United States.

11. Confidentiality. Each party may disclose to the other certain non-publicinformation or materials relating to a party's products, intellectual property, business,marketing programs and efforts, personally identifiable information of the party’spersonnel, end users, students and customers, and other confidential information andtrade secrets (“Confidential Information”). Confidential Information does not includeinformation that: (a) is or becomes publicly available through no breach by thereceiving party of this Agreement; (b) was previously known to the receiving party priorto the date of disclosure, as evidenced by contemporaneous written records; (c) wasacquired from a third party without any breach of any obligation of confidentiality; (d)was independently developed by a party hereto without reference to ConfidentialInformation of the other party; or (e) is required to be disclosed pursuant to asubpoena or other similar order of any court or government agency, provided,however, that the party receiving such subpoena or order shall, when legallypermissible, promptly inform the other party in writing and provide a copy thereof,and shall only disclose that Confidential Information necessary to comply with suchsubpoena or order. Except as expressly provided herein, the receiving party will not useor disclose any Confidential Information of the disclosing party without the disclosingparty's prior written consent, except disclosure to and subsequent uses by the receivingparty's employees or consultants on a need-to-know basis, provided that suchemployees or consultants have executed written agreements restricting use ordisclosure of such Confidential Information that are at least as restrictive as thereceiving party's obligations under this Section. The receiving party agrees to use atleast the same care and precaution in protecting such Confidential Information as thereceiving party uses to protect the receiving party's own Confidential Information, andin no event less than reasonable care Each party acknowledges that due to theunique nature of the other party's Confidential Information, the disclosing party maynot have an adequate remedy solely in money or damages in the event of anyunauthorized use or disclosure of its Confidential Information. In addition to any otherremedies that may be available in law, in equity or otherwise, the disclosing party shallbe entitled to seek injunctive relief to prevent such unauthorized use or disclosure.

8



12. Software Availability. The hosted elements of the Services will be available forremote access 99.5% of the time each calendar month of the Term, excluding ExcusedOutages (as defined below) (“Availability”). Company will attempt to schedule anyplanned maintenance or upgrades at times when usage of the Services is typicallylow, and will attempt to communicate any outages associated with plannedmaintenance or upgrades to its customers in advance via email or throughnotifications within the Services. Downtime as a result of any causes beyond thecontrol of Company or that are not reasonably foreseeable by Company, including,without limitation, any of the causes noted below, are excluded from the Availabilitycalculations (collectively, “Excused Outages”):

a. Customer environment issues affecting connectivity or interfering with theServices, including without limitation, Customer’s telecommunicationsconnection or any other Customer software or equipment, Customer’sfirewall software, hardware or security settings, Customer’s configuration ofanti-virus software or anti-spyware or malware software, or operator error ofCustomer;

b. Any third party software, hardware, or telecommunication failures, includingInternet slow-downs or failures;

i. Force majeure events including, without limitation fire, flood,earthquake, elements of nature or acts of God; third party labordisruptions, acts of war, terrorism, riots, civil disorders, rebellions orrevolutions; quarantines, embargoes and other similar governmentalaction; catastrophic or unusual internet delays, denial of servicesattacks, or other hacking activities; or any other similar cause beyondthe reasonable control of Company;

ii. Issues related to third party domain name system (DNS) errors orfailures; and

iii. Emergency maintenance of the Services, for which Customer maynot receive advanced notice.

9



In the event Company fails to achieve the Availability requirement, Company will usecommercially reasonable efforts to correct the interruption as promptly as practicable.

13. Non-Solicitation of Company Employees. Customer agrees that during the termof this Agreement and for one year following the termination date of this Agreement, itwill not recruit, solicit for employment, or employ, or help any other third party torecruit, solicit for employment or employ, any Company employee or contractorprovided by Company to deliver services to Customer under this Services Agreementor with whom Customer had contact in connection with such services, includingwithout limitation an online Company Instructor, School Manager or local officeemployee. In the event the Customer violates the foregoing prohibition, it will payimmediately upon written demand by Company, a fee in the amount of Ten ThousandDollars ($10,000.00) (the “Hiring Fee”). The parties intend that the Hiring Fee constitutescompensation, not a penalty. The parties acknowledge and agree that Companyharm caused by Customer’s breach of the foregoing prohibition would be impossibleor very difficult to actually estimate and that the Hiring Fee is a reasonable estimate ofthe anticipated or actual harm that might arise from such a breach. The Customer’spayment of the Hiring Fee is the Customer’s sole liability and entire obligation andCompany’s exclusive remedy for any Customer breach of this section. All Hiring Feesshall be invoiced immediately and payable upon receipt.

14. LIMITED WARRANTY, LIABILITY AND DAMAGES; INDEMNITY

14.1 Warranty Disclaimer.

THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY BY COMPANY AND, TO THEMAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATEDPARTIES EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. Specifically,

10



Company makes no warranty that the Service or the Site will meet Customer’srequirements or that access to the same will be uninterrupted or error-free. Youacknowledge and agree that Company and its vendors and licensors do not operateor control the internet and that: (I) viruses, worms, Trojan horses, or other undesirabledata or software; or (II) unauthorized users (e.g. hackers) may attempt to obtainaccess to and damage the content, websites, computers, or networks. Company willnot be responsible for those activities.

14.2 LIMITED LIABILITY. NEITHER COMPANY NOR ITS AFFILIATED PARTIES WILL BE LIABLETO CUSTOMER OR ANY THIRD PARTY FOR (a) ANY UNAUTHORIZED USE OF THE SERVICEOR THE SITE OR USE FOR PURPOSES NOT INTENDED UNDER THIS AGREEMENT, OR (b) ANYLIABILITY OR DAMAGE CAUSED OR INITIATED BY THIRD PARTIES AND AFFECTINGCUSTOMER’S COMPUTERS, COMMUNICATION FACILITIES, SOFTWARE, DATA OR SERVICESTHAT MAY RESULT FROM USE OR ACCESS OF THE SERVICE OR THE SITE.

14.3 LIMITED DAMAGES AND REMEDIES. NEITHER COMPANY OR ITS AFFILIATEDPARTIES SHALL BE LIABLE TO CUSTOMER OR ANY SCHOOL FOR ANY CONSEQUENTIAL,INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSPROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE)ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SITE. Becausesome jurisdictions do not allow the exclusion or limitation of liability for consequential orincidental damages, the above limitation may not apply to Customer.NOTWITHSTANDING ANYTHING IN THIS MASTER SERVICES AGREEMENT TO THECONTRARY, IN NO EVENT SHALL COMPANY OR ITS AFFILIATED PARTIES BE LIABLE FORDAMAGES OR MONETARY REMEDIES OF ANY KIND IN THE AGGREGATE UNDER THISMASTER SERVICES AGREEMENT THAT EXCEED THE LICENSE FEE PAID BY CUSTOMER IN THETWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR CLAIMS GIVING RISE TOTHE LIABILITY.

14.4 Indemnity. Customer agrees to indemnify and defend Company and itsagents, employees, representatives, licensors, affiliates, corporate parents andsubsidiaries from and against any and all claims, losses, demands, causes of actionand judgments (including attorneys’ fees and court costs) of third parties (collectively

11



“Claims”) arising, directly or indirectly, from or concerning any breach or allegedbreach of this Agreement by Customer and to reimburse Company on demand forany losses, costs or expenses it incurs as a result of any such Claims.

15. TERMINATION

15.1 Term. This Agreement shall commence on the Effective Date hereof. TheService Period for individual Districts and Schools set forth in the Scope of Work areseparate from the term of this Agreement; provided, however, that if this Agreementterminates for any reason, all Service to all Schools shall terminate at that time as well.

15.2 Termination. Company reserves the right at any time to discontinue,temporarily or permanently, the Service or any part thereof or terminate any user’saccess to the Service or any part thereof. Company may also modify, delete or adaptthe Service at any time without any notice or obligation to the user at Company’s solediscretion. You agree that Company will not be liable to you or any third party for anymodification, suspension, or discontinuation of the Service, or any part thereof. Upontermination for any reason, you must cease all access to the Service.

This Agreement will terminate (a) on the thirtieth (30th) day after either party gives theother written notice of a breach by the other of any material term or condition of thisAgreement, unless the breach is cured before that day; or (b) upon written notice byeither party, immediately, if (i) a receiver is appointed for the other party or itsproperty; (ii) if the other party becomes insolvent or unable to pay its debts as theymature in the ordinary course of business or makes a general assignment for thebenefit of its creditors; or (iii) if any proceedings (whether voluntary or involuntary) arecommenced against the other party under any bankruptcy or similar law and suchproceedings are not vacated or set aside within sixty (60) days from the date ofcommencement thereof.

15.3 Effect of Termination. Immediately upon expiration or termination of thisAgreement, Customer will cease using the Site and Service and cause all Schools listedin the Scope of Work to cease using the Service and Site (any copies of which shall be

12



returned to Company). Termination does not entitle Customer to any refund orreduction of Service Period Fees already paid by or due from Customer. If Companyterminates this Agreement due to an uncured material breach by Customer, inaddition to any and all rights and remedies available to Company, Customer shall beobligated to pay Company the full Service Period Fees for the then current term. IfCustomer terminates this Agreement due to an uncured material breach byCompany, Customer shall only be obligated to pay Company for use of the Serviceand the Site up to and including the date of termination. Customer understands andagrees that if Customer requests a pro-rata refund as a remedy hereunder, then suchrequest will be an election of remedies and the sole remedy available to Customerwith respect to any dispute with Company.

16. MISCELLANEOUS

16.1 General Terms. Company may use and disclose to third parties Customer’sname and logo, and if Customer is a District, the names of any affiliated Schools aspart of a list of Company customers or references. This Agreement and any rights andresponsibilities hereunder may not be assigned or delegated by Customer, includingby action of law, without the express written consent of Company. Any assignment ordelegation in violation of this Section will be void and of no effect. Waiver of anybreach under this Agreement does not waive future compliance with that provision,which remains in effect. If any part of this Master Services Agreement is held invalid orunenforceable, that portion shall be construed in a manner consistent with applicablelaw to reflect, as nearly as possible, the original intentions of the parties, and theremaining portions shall remain in full force and effect.

This Agreement and any other terms or documents referred to herein representCustomer’s entire agreement with Company with respect to its use of the Service andthe Site. The provisions of this Agreement may not be amended or waived except bya writing signed by all parties to this Agreement that references this Agreement.

16.2 Remedies and Reserved Rights. Company reserves the right at any time and13



from time to time to modify, temporarily suspend and limit access to the Service or theSite (or any part thereof) with or without notice to Customer for maintenance orsecurity or other reasons. Customer agrees that Company shall not be liable to it or toany third party for any modification, suspension or limitation of the Service or the Site.Company also reserves the right at any time and from time to time to modify orterminate any of the content or curriculum of the Service or the Site. If Companydiscovers any unauthorized access or use of the Service and/or Site, then Companyshall have the following remedies in addition to any and all other remedies that maybe available to Company: (a) if such unauthorized use may cause injury or physicaldamage to Company’s computers, data or electronic files, the Site, the Service or athird party, then Company has the reasonable right to suspend all or part of theService or the Site access of Customer immediately without prior notice to protect itselfor third parties, and Company shall promptly notify Customer of the suspension andwork together with Customer to cure the problem; and (b) if such unauthorized accessor use would cause any other type of injury or damage to Company or a third party,then Company shall give Customer notice of the problem and no less than three (3)business days to cure the problem, and thereafter if the problem remains uncuredCompany has the right to suspend all or part of the Service or Customer’s Site until theproblem is cured; and (c) terminate this Agreement immediately.

16.3 Disputes. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED INACCORDANCE WITH THE LAWS OF THE STATE OF KANSAS APPLICABLE TO CONTRACTSMADE AND FULLY PERFORMED THEREIN, AND THE STATE AND FEDERAL COURTS LOCATEDIN STATE OF KANSAS SHALL HAVE EXCLUSIVE JURISDICTION OF ALL SUITS ANDPROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. BOTHPARTIES HEREBY SUBMIT TO THE JURISDICTION OF SAID COURTS FOR PURPOSES OF ANYSUCH SUIT OR PROCEEDING. Any delay in or failure of performance by Company underthis Agreement will not be considered a breach and will be excused to the extentcaused by any occurrence beyond the reasonable control of Company, but notlimited to, acts of God, power outages and governmental restrictions. Any notice by aparty to this Master Services Agreement shall be deemed to have been sufficientlygiven to the other party if sent by certified mail, return receipt request, or by facsimileand confirmed in writing by letter sent by certified mail and shall be deemed to have

14



been received three (3) business days after the date of dispatch.

The foregoing is agreed and accepted. This Agreement must be signed by bothparties to be valid.

EDBLOX, INC.d/b/a/ Elevate K-12

By:

Name______________________(Signature)

Name _______________________(Print)

Title ___________________________

Date__________________________

[DISTRICT / CUSTOMER]

By:

Name______________________(Signature)

15

Shaily Baranwal

CEO

08 / 04 / 2021



Name _____________________(Print)

Title______________________

Date_______________________

16

Alex Wallace

Board PRESIDENT

07 / 30 / 2021



Exhibit A

Scope of Services and Pricing for Tier 1 Programs

Scope of ServicesDescription High Quality Live Streaming Instruction for Tier 1 Classes

Agreement Dates 26st June 2021 to 19th May 2022

Current Academic YearDates

August 9th 2021 to May 19th 2022

Weekly Format of ClassFive days a week (Five days of live, online group instruction per week, andone day of assessments and project based learning per month)

Content Area and GradeLevels

Content Areas: Algebra I

Elevate K-12 Staff provided

❖ High-quality live, online instructors assigned as Teacher of record❖ 1 Academic Performance Manager (APM) is located virtually within each online

class❖ 1 Operations Manager will be assigned for implementation support and program

management

Customer Staff provided1 Classroom Coordinator (paraprofessional) for each Class Period1 Point of Contact for implementation and operation

Equipment Provided byCustomer (“CustomerEquipment”)

Classroom space, computers or laptops (one for each student in theElevate K-12 classroom), projector, screen, adequate internet access andbandwidth

Equipment Provided byElevate K-12 (“ElevateStandard Equipment”)

Speakers, microphone, camera

TOTAL ANNUALBUDGET AMOUNT

Minimum $78,000(Based on equivalent of 6 periods at 45-60 minutes per period 5

days/week for the academic school year and subject to change based on number of periods)

Max $78,000(Based on equivalent of 6 periods at 45-60 minutes per period 5

days/week for the academic school year and subject to change based on number of periods)

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Live Class Operations and Delivery Terms:

1. Schools. The Services performed under this Scope of Work and Agreement shallbe for schools within the District as long as they follow the content classes offered.

2. Tier 1 Programs. Company will assign an operations manager to the Customer.The operations manager will work with Customer personnel to develop a mutuallyagreeable implementation timeline for the Customer. The Customer will submit atimeline for the submission of chosen focus standards, timeslots, information technologychecks, and the delivery of student rosters to Company. If there are delays beyondthe following timeframes for any reason, Company reserves the right to delay the startof your program.

a) List of chosen courses – 30 calendar days before the first day of instructionb) Timeslots – 30 calendar days before the first day of instructionc) Information technology check – 15 calendar days before the first day of

instructiond) Classroom Coordinator – selected and available for training 15 days before

the first day of instructione) Student Roster – 7 calendar days before the first day of instruction

3. Pricing and Service Period Fees:The price per period for a full Academic Year of instruction will be based on the pricingschedule in Schedule A attached with this agreement and the order form in Exhibit B

4. Company shall be responsible for all staffing decisions and may replace,reassign, or alter the Staff providing the Services as Company chooses in its sole andabsolute discretion. Throughout the duration of the course, there may be a someinstances in which the teacher of the course (the “Teacher of Record”) may misscertain Classes or Periods and Company will use commercially reasonable efforts toprovide a substitute teacher (“Substitute Teacher”) for such Classes or Class Periods.The Customer understands and agrees that such Substitute Teacher will not and will

18



not be required to have the same level of qualifications, certificates, or degrees as theTeacher of Record and that the use of such Substitute Teachers will not be a breach ofthese Terms and Conditions. Company may, as indicated on the Budget and InitialOrder Form, provide headsets, cameras, and speakers for the administration of theClasses (collectively, Company Standard Equipment).

5. Cancellation of Sessions. If an authorized representative of Customer cancels asession within a window of 48 hours prior to the start of an individual session, excludingschool emergencies, by providing written notification to Company, Customer will payfor the session as if it had occurred. If an authorized representative of Customercancels a session with more than 48 hours notice to the start of an individual session byproviding written notification to Company, the session will be rescheduled at the endof the current program calendar of sessions at a mutually agreed to time. Asstipulated in this Agreement, credit for unused sessions will not carry over from oneAcademic Year to another.

Customer may make roster changes during the add/drop period, which is the first twoweeks of the semester or start of class. After that initial two week window, Customermust submit a change request order to add students to a class, which -may trigger acontract and invoicing change.

Customer cannot change the subject, grade or focus standards of a program afterthe delivery of the first session. To request any changes, Customer must submit aformal written change request, which will trigger a contract review and adjustment asappropriate.

6. Term and Service Period. This Agreement shall remain in effect for the lengthof time set forth within the Scope of Work unless terminated earlier as set forth herein(“Initial Term”). For each Academic Year during the Agreement Term, the parties shallexecute an Order Form setting forth the number of Classes (with such number equal toor greater than the Minimum Number of Classes set forth on the Budget and InitialOrder Form and less than or equal to the Maximum Number of Classes set forth on the

19



Budget and Initial Order Form), Periods, Students, fees, and payment schedule for suchAcademic Year. Each year during the Initial Term, Company agrees to maintain theper Class pricing. For incremental Classes in excess of the Maximum Number duringthe Initial Period, as well as all Classes subsequent to the Initial Period, Company mayadjust the fees by, prior to the end of each calendar year during the Term, givingwritten notice of the adjusted fees applicable to the school year commencing thefollowing Academic Year. Upon expiration of the Initial Term, the Agreement shallrenew for additional one-year terms (each a “Renewal Term” and together with theInitial Term, the “Term”). Unless an Order Form is executed in such Renewal Terms, abinding Order Form with the Minimum Number of Classes set forth on the Budget andInitial Order Form shall be generated and effective at no higher than the list priceapplicable to that school year. This Agreement may only be terminated on notice ofthirty (30) days after the delivery by a party of written notice containing a descriptionof a material breach of this Agreement by the other party, provided such breach is notcured within such thirty (30) day period. The Fees paid pursuant to this Agreement arenon-refundable, even in the even this Agreement is terminated due to Company’sbreach thereof or the Customer hires an instructor specifically for the Class.

7. Billing Terms [check applicable terms]: Upon signature of Agreement, Customer willissue an Order Form for the Services to be delivered during the first Academic Year. Insubsequent years, Customer shall issue an Order Form at least 60 days prior to the firstday of instruction for the upcoming Academic Year. The initial Invoice will be issued forthe Minimum Budget. Customer agrees to the following payment terms, as reflectedby selecting one box below:

□ Full invoice for the balance for current Academic Year prepared andsent in conjunction signing of Agreement (2.0% discount for payment ofthe total academic year programs within 30 days of invoicing).

□ Full invoice balance for current Academic Year prepared and sent inconjunction with the commencement of the Elevate K-12’simplementation efforts which launch at least 30 days prior to the first dayof the Academic Year. Payment of the total current Academic Yearprograms 50% being paid within 30 days of invoicing and the balancewithin 120 days of invoicing).

□ Other (no discount): _________________________

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Customer billing contact information:

Contact name: _______________________________

Mailing address: _______________________________

Email: _______________________________

Phone: _______________________________

21

Colleen Drees

1205 Fleming

[email protected]

620-805-7000



Exhibit B

SAMPLE Order Form

Elevate K-12 Tier 1 Classes: Order Form Sample Format

One order form will be made for each school for each academic year

22



Exhibit C

Sample Invoice

23



Schedule A

Elevate K-12 Tier 1 Pricing

24



25


June 14, 2021

Dr. Steve Karlin

Superintendent of Schools

Unified School District #457

1205 Fleming

Garden City KS 67846

Dear Dr. Karlin:

As you know, state statute requires that the community college and the unified school district have an annual

cooperative agreement to allow concurrent enrollment of high school students in community college courses.

With permission, high school sophomores, juniors, and seniors are eligible to receive college credit when enrolled

in community college classes.

For enrollment during the 2021-2022 year, we have included an agreement for approval by your board. After

approval from your board, please electronically submit a signed copy for our files.

Please contact us if you have any questions, and we will do all we can to clarify the purpose of this statute.

Sincerely,

Philip Terpstra

Dean of Academics

COOPERATIVE AGREEMENT BETWEEN

GARDEN CITY COMMUNITY COLLEGE

AND

UNIFIED SCHOOL DISTRICT #457

GARDEN CITY HIGH SCHOOL

FOR ENROLLMENT OF SECONDARY STUDENTS

(Pursuant to 1993 Substitute for HB 2011, new sec. 4(a))

- 2021-2022 Academic Year -

In an effort to provide additional academic opportunities to secondary school pupils, this agreement authorizes

qualified sophomore, junior and senior pupils enrolled in Unified School District #457 to participate in courses

through Garden City Community College while concurrently completing their high school curricula.

Such “concurrent enrollment students” and/or their families are personally responsible for transportation to and

from Garden City Community College, or the appropriate outreach center, and for all postsecondary tuition costs.

Garden City Community College agrees that the coursework successfully completed by concurrent enrollment

students will be awarded appropriate academic credit and will be applicable toward the award of a college degree.

GARDEN CITY COMM. COLLEGE UNIFIED SCHOOL DISTRICT #457

_______________________________

Phil Terpstra, Dean of Academics Authorized Representative

Garden City Community College Unified School District #457

Date: June 14, 2021 Date: __________________________

Letter of Understanding

Between Garden City Community College &

Outreach Sites for 2021-2022 Academic Year

As a provider of higher education in cooperation with Garden City Community College, the following agreement is made between Unified

School District 457, Garden City, and Garden City Community College.

• The Unified School District agrees that an instructor hired by the Unified School District to teach courses for concurrent credit

must submit documentation to Garden City Community College and be approved by the appropriate Division Chair and Dean

to teach the course. The documentation to be submitted by the prospective instructor includes a résumé, GCCC Application for

Employment, and all official transcripts. Prospective instructors must meet the credential requirements set forth by the Higher

Learning Commission.

• An instructor hired to teach courses for concurrent credit must use the same syllabus and textbook used on the Garden City

Community College campus. Instructors are required to attend GCCC departmental in-services or advisory meetings each

semester to become trained with proper orientation for teaching at the post-secondary education level.

• An instructor must be evaluated annually by the outreach site coordinator or other administrator. Evaluations are submitted,

reviewed and discussed between the GCCC Outreach Office, appropriate Division Chair and Unified School District to ensure

compliance with the state expectations for Concurrent Enrollment Partnership (CEP) courses. CEP courses will be evaluated by

campus faculty to ensure students are held to the same standards as on-campus sections and instructional content and delivery

meets or exceeds department expectations. Additionally, the GCCC Outreach Office will conduct site visits to all partnerships

at least once every 5 years as mandated by the Kansas Board of Regents.

• At the end of the concurrent credit course and upon the instructor submitting all materials and documentation, Garden City

Community College agrees to pay the Unified School $375.00 per credit hour. If multiple sections of a class are scheduled

during a semester by the Unified School District and total enrollment in those sections is 25 or fewer students, one combined

contract will be issued for all sections of the class.

• Garden City Community College further agrees to pay to the Unified School District $5.00 per student credit hour for facility

usage for non-concurrent credit courses (evening, weekend and/or summer classes) taught in USD 457 facilities. A check will

be sent to the Unified School District at the end of each fall, spring, and summer session.

• Garden City Community College further agrees to pay a designated USD staff member $375 to serve as lab monitor (provided

the minimum enrollment number of 4 is met) for online dual credit courses offered fully online through Garden City

Community College.

• This agreement will be reviewed annually for compliance purposes.

This agreement is signed and entered into this 1st day of August, 2021.

Superintendent of Schools GCCC Outreach Office

USD 457 Garden City Community College

1205 Fleming 801 Campus Drive

Garden City, KS 67846 Garden City, KS 67846

(620) 805-7010 (620) 276-0441

X__________________________ X

CROSSING GUARD AGREEMENT THIS CROSSING GUARD AGREEMENT (Agreement) made and entered into this ____ day of August, 2021, by and between the CITY OF GARDEN CITY, KANSAS (City), and the BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT NO. 457, FINNEY COUNTY, STATE OF KANSAS (USD 457). WHEREAS, USD 457 and City have a desire to provide a safe environment for students walking to and from USD 457 schools and crossing City streets adjacent or close to USD 457 schools; and WHEREAS, City and USD 457 have a desire to provide crossing guards for USD 457 students, in an efficient and effective manner. NOW, THEREFORE, in consideration of the terms and conditions set forth below, the parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to establish policies and procedures between City and USD 457 concerning the staffing, training, and administration of personnel assigned as crossing guards on City streets adjacent or close to USD 457 schools. 2. TERM. The term of this Agreement shall be for the 2021-22 school year, commencing on August 9, 2021, and ending on May 19, 2022. 3. TRAINING. Each person assigned as a crossing guard shall receive not less than one (1) hour of orientation and training for the position, to be provided as specified herein. 4. DUTIES OF CITY. City shall be responsible for the following duties under this Agreement: (a) Training of crossing guards through the Garden City Police Department (GCPD); (b) Providing each crossing guard with a safety vest, stop sign, and whistle; and (c) Providing USD 457 with applications from citizens who are interested in becoming a crossing

guard. 5. DUTIES OF USD 457. USD 457 shall be responsible for the following duties under this Agreement:

(a) Recruitment and hiring of crossing guards; (b) Administration of all personnel issues pertaining to crossing guards; and (c) Assignment of crossing guards to locations adjacent or close to USD 457 schools.

6. SCOPE OF EMPLOYMENT. All crossing guards shall be employees of USD 457, and shall be under the sole and exclusive direction and control of USD 457. 7. ADMINISTRATION OF AGREEMENT. The Chief of Police of the GCPD and the Deputy Superintendent of USD 457 shall be responsible for implementation of this Agreement, and they shall be the contact persons for their respective entities pertaining to any issue involving this Agreement or a crossing guard. 8. AUTHORITY TO CONTRACT. City and USD 457 possess the power, privilege, and/or authority to enter into this Agreement pursuant to K.S.A. 12-101, et seq., K.S.A. 72-8201, and the Kansas Constitution, Article 6, Sec. 5; and Article 12, Sec. 5. 9. ADOPTION. City and USD 457 shall take all appropriate action to adopt and approve this Agreement by ordinance, resolution, or motion. Any subsequent amendment to, or extension of, this Agreement shall also require adoption by appropriate action.

CITY OF GARDEN CITY, KANSAS/CITY BOARD OF EDUCATION, USD 457/USD 457 CROSSING GUARD AGREEMENT PAGE 2

Page 2 of 2

10. SEPARATE ENTITY. It is not the intent of City and USD 457 to create a separate legal or administrative entity to perform the functions of this Agreement. 11. MANNER OF FINANCING. The manner of financing to support the purpose of this Agreement shall be through expenditure of general funds, by City and USD 457. 12. DEFAULT. Should a party fail to abide by the terms and conditions of this Agreement, the other party may declare a default and thereafter, give written notice of intent to terminate by reason of default, said notice to be not less than thirty (30) days. This Agreement shall not limit in any manner, the legal rights or remedies a party might have in the event of a default. 13. LEGAL RESPONSIBILITY. It is not the intent of the City or USD 457 to relieve either party of any obligation or responsibility imposed upon a party by law. 14. CONTROL OF LEGISLATURE/FUNDING. The parties acknowledge and agree that this Agreement is subject to change, termination, or limitations, as may be determined by the Legislature of the State of Kansas. In the event sufficient funds shall not be appropriated by City or USD 457 for any obligations required under the terms and conditions of this Agreement, City and/or USD 457 may terminate this Agreement pursuant to the notice requirements set forth herein. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first above written. CITY OF GARDEN CITY, KANSAS _____________________ By ___________________________________ Date Roy Cessna, Mayor ATTEST: _______________________________ Celyn N. Hurtado, City Clerk BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT NO. 457, FINNEY COUNTY, STATE OF KANSAS _____________________ By ___________________________________ Date Alex Wallace, President ATTEST: ________________________________ Stephanie DeLoach, Clerk of the Board W:\RDG\CITY\AGREEMENTS\CROSSING.GUARD\Agreement.2021.docx

LAW ENFORCEMENT OFFICER ASSIGNMENT AGREEMENT

THIS LAW ENFORCEMENT OFFICER ASSIGNMENT AGREEMENT (Agreement) is made and entered into this ______ day of August, 2021, by and between the CITY OF GARDEN CITY, KANSAS (CITY), the GARDEN CITY POLICE DEPARTMENT (GCPD), and the BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT NO. 457, FINNEY COUNTY, STATE OF KANSAS (USD 457). WHEREAS, USD 457 has a need to provide a safe educational environment for staff and students at Garden City High School (GCHS), Kenneth Henderson Middle School (KHMS), Horace J. Good Middle School (HGMS), Charles Stones Intermediate Center (CSIC), and Bernadine Sitts Intermediate Center (BSIC); and WHEREAS, CITY/GCPD have a desire to discharge law enforcement duties for the citizens of Garden City, including staff and students at GCHS, KHMS, HGMS, CSIC, and BSIC, in an efficient and effective manner; and WHEREAS, placement of GCPD law enforcement officers at GCHS, KHMS, HGMS, CSIC, and BSIC for the purposes delineated in this Agreement will serve the needs of USD 457 and GCPD. NOW, THEREFORE, in consideration of the terms and conditions set forth below, the parties agree as follows: 1. PURPOSE. The purpose of this Agreement is for the placement of a GCPD law enforcement officer at each designated school, GCHS, KHMS, HGMS, CSIC, and BSIC as a means of providing security, and law enforcement related education, to the staff and students of GCHS, KHMS, HGMS, CSIC, and BSIC. 2. TERM. The term of this Agreement shall be for the 2021-22 school year, commencing on August 9, 2021, and ending May 19, 2022. 3. ASSIGNMENT OF LAW ENFORCEMENT OFFICERS. GCPD shall assign two (2) GCPD law enforcement officers to GCHS, one (1) to KHMS, and one (1) to HGMS for the 2021-22 school year. The law enforcement officers assigned to KHMS and HGMS will also, as time and frequency permit, be present at CSIC and BSIC. The law enforcement officers shall be present at their respective schools each day school is in session, from 7:00 a.m. to 4:00 p.m., and as otherwise designated as to frequency and time at CSIC and BSIC. USD 457 shall provide an office for the law enforcement officers at each school. 4. COMPENSATION. USD 457 shall pay to CITY, the sum of Two Hundred Eighty-eight Thousand Nine Hundred Forty-three and 26/100 Dollars ($288,943.26), for the services of four (4) law enforcement officers for the 2021-22 school year. The payments from USD 457 to CITY shall be made as follows: One Hundred Forty-four Thousand Four Hundred Seventy-one and 63/100 Dollars ($144,471.63) on or before December 15, 2021, and the remaining amount of One Hundred Forty-four Thousand Four Hundred Seventy-one and 63/100 Dollars ($144,471.63) on or before June 15, 2022. The amount paid by USD 457 represents three-fourths of the total salary and benefits to be paid to the law enforcement officers. 5. DUTIES OF LAW ENFORCEMENT OFFICERS. The law enforcement officers shall discharge all duties expected of any law enforcement officer employed by CITY/GCPD, including, but not limited to the following: (a) Enforcement of all statutes of the State of Kansas and ordinances of CITY. (b) Investigation of statutory or ordinance violations occurring at GCHS, KHMS, HGMS, CSIC,

and/or BSIC. (c) Discharge of duties pursuant to state statute and rules and regulations of CITY and GCPD. (d) Conduct educational seminars and/or give classroom presentations on relevant subjects related

to the law and GCHS, KHMS, HGMS, CSIC, and BSIC students.

CITY OF GARDEN CITY, KANSAS/CITY GARDEN CITY POLICE DEPARTMENT/GCPD BOARD OF EDUCATION, USD 457/USD 457 LAW ENFORCEMENT OFFICER ASSIGNMENT AGREEMENT Page 2

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6. ASSIGNMENT OF LAW ENFORCEMENT OFFICERS AT USD 457 ACTIVITIES. When requested by USD 457, GCPD shall assign GCPD law enforcement officers to provide security at USD 457 activities, such as sporting events, dances, and other events where law enforcement security is normally required. USD 457 shall pay GCPD the rate of thirty dollars ($30) per hour per assigned law enforcement officer for the security services provided. GCPD shall bill, and USD 457 shall pay for, one-half (1/2) of the total hours of security services provided during the 2021-22 school year, on January 15, 2022, and June 15, 2022. 7. DISCIPLINE AND CONTROL OF STUDENTS. The law enforcement officers shall not engage in the discipline of students which might be required as a result of a violation of GCHS, KHMS, HGMS, CSIC, or BSIC policies and procedures or USD 457 board policy. The law enforcement officers shall not be required to control the conduct of students who may be violating GCHS, KHMS, HGMS, CSIC, or BSIC policy or procedure or USD 457 board policy, if the conduct does not rise to the level of a statutory or ordinance violation. The complete responsibility for discipline and control of students for conduct which is a violation of GCHS, KHMS, HGMS, CSIC, or BSIC policies and procedures or USD 457 board policy shall be with USD 457. 8. SCOPE OF EMPLOYMENT. The law enforcement officers shall be employees of CITY/GCPD, and shall be under the sole and exclusive direction and control of the Chief of Police of the GCPD. The specific law enforcement officers to be assigned to GCHS shall be within the discretion of the Chief of Police of the GCPD, and the specific law enforcement officers may be substituted from time to time, although the parties acknowledge and agree that uniformity in assignment of law enforcement officer to the schools is an important factor. 9. RECORDS. The law enforcement officers shall not have access to educational records unless authorized by federal or state law or USD 457 board policy. This Agreement in no manner abrogates any federal or state law governing juvenile, criminal, or educational information or records, and neither party to this Agreement is authorized to disclose any information or record to the other party, which has been deemed to be confidential by federal or state law, or USD 457 board policy. 10. ADMINISTRATION OF AGREEMENT. The Chief of Police of the GCPD and the Principals of GCHS, KHMS, HGMS, CSIC, and BSIC shall be responsible for implementation of this Agreement, and they shall be the contact persons for their respective entities pertaining to any issue involving this Agreement or the law enforcement officers. 11. AUTHORITY TO CONTRACT. CITY and USD 457 possess the power, privilege, and/or authority to enter into this Agreement pursuant to K.S.A. 12-101, et seq., K.S.A. 72-8201, and the Kansas Constitution, Article 6, Sec. 5; and Article 12, Sec. 5. 12. ADOPTION. CITY and USD 457 shall take all appropriate action to adopt and approve this Agreement by ordinance, resolution, or motion. Any subsequent amendment to, or extension of, this Agreement shall also require adoption by appropriate action. 13. SEPARATE ENTITY. It is not the intent of CITY and USD 457 to create a separate legal or administrative entity to perform the functions of this Agreement. 14. MANNER OF FINANCING. The manner of financing to support the purpose of this Agreement shall be through expenditure of general funds, by CITY and USD 457. 15. TERMINATION. This Agreement may be terminated by either party, for any reason, by giving not less than thirty (30) days' notice to the other party. The parties agree that upon termination of this Agreement prior to the end of the term contemplated by Paragraph 2 above, the parties shall determine a pro-rata apportionment of compensation on the basis of CITY - 1/4th and USD 457 - 3/4ths of the yearly compensation of the four (4) law enforcement officers.

CITY OF GARDEN CITY, KANSAS/CITY GARDEN CITY POLICE DEPARTMENT/GCPD BOARD OF EDUCATION, USD 457/USD 457 LAW ENFORCEMENT OFFICER ASSIGNMENT AGREEMENT Page 3

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16. DEFAULT. Should a party fail to abide by the terms and conditions of this Agreement, the other party may declare a default and thereafter, give written notice of intent to terminate by reason of default, said notice to be not less than thirty (30) days. This Agreement shall not limit in any manner, the legal rights or remedies a party might have in the event of a default. 17. LEGAL RESPONSIBILITY. It is not the intent of CITY or USD 457 to relieve either party of any obligation or responsibility imposed upon a party by law. 18. CONTROL OF LEGISLATURE/FUNDING. The parties acknowledge and agree that this Agreement is subject to change, termination, or limitations, as may be determined by the Legislature of the State of Kansas. In the event sufficient funds shall not be appropriated by CITY or USD 457 for any obligations required under the terms and conditions of this Agreement, CITY and/or USD 457 may terminate this Agreement pursuant to the notice requirements set forth herein. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first above written. CITY OF GARDEN CITY, KANSAS _____________________ By _____________________________________ Date Roy Cessna, Mayor ATTEST: _____________________________________ Celyn N. Hurtado, City Clerk GARDEN CITY POLICE DEPARTMENT _____________________ By _____________________________________ Date Courtney E. Prewitt, Chief BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT NO. 457, FINNEY COUNTY, STATE OF KANSAS _____________________ By _____________________________________ Date Alex Wallace, President ATTEST: _____________________________________ Stephanie DeLoach, Clerk of the Board W:\RDG\CITY\POLICE\AGREEMENTS\SRO\USD 457.SRO.2021-22.docx

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Regular Board of Education Meeting Unified School District