I. Opening of the Meeting

Transcription

1 EATON BOARD OF EDUCATION REGULAR MEETING Hollingsworth East Elementary School Cafeteria September 10, :00 p.m. I. Opening of the Meeting 1. Call to Order President 2. Roll Call President D. Mowen R. McKinney T. Parks B. Pool J. Renner B. Neavin P. Dodson C. Neanen S. Couch K. Carpenter K. Powell P. Friesel 3. Pledge of Allegiance 4. Adopt the Agenda Motion by, seconded by to adopt the agenda. Discussion. President declares motion 5. Recognition of Visitors 6. Executive Session (only if necessary) executive session. invited to participate in To discuss.

2 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 2 Motion by, second by to convene executive session. President declares motion. President convenes executive session at p.m. President resumes open session at p.m. 7. Other Opening Business II. Treasurer s Business Priscilla Dodson 1. The Treasurer recommends approval of the following: A. Approve amended minutes (resolution # ) for the August 13, 2012 Regular Board Meeting B. Approve minutes of the August 15, 2012 Special Meeting C. Submission of warrants D. Submission of Financial Report E. Submission of Investment Report F. Approve Appropriations FY13 Motion by, seconded by, to approve agenda Item II. 1. Discussion President declares motion. P a g e 2

3 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 3 III. Old Business 1. Miami Valley Career Technology Center Report Doug Mowen 2. Parks and Recreation Board Report Joe Renner 3. Project Manager s Report Tom Doseck 4. Superintendent s Report Brad Neavin 5. Director of Education s Report Cindy Neanen 6. Principal s Report Scott Couch 7. Supervisor s Report Rodger Clark 8. Other Old Business IV. New Business 1. Employment Classified Staff The Administration recommends employment of the following classified staff for the school year or as noted. Salaries and duties per Board Policy, Negotiated Agreement, Administrative Rules and Regulations, and any applicable state requirements. A. Joseph Ferriell, Educational Aide, retroactive to August 30, 2012 Motion by, seconded by, to approve agenda Item IV. 1. Discussion P a g e 3

4 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 4 President declares motion. 2. Employment Certificated Staff Supplemental Contract The Administration recommends the following supplemental contracts for the school year or as noted. Salaries and duties per Board Policy, Negotiated Agreement, Administrative Rules and Regulations, and any applicable state requirements. A. Gina Melling, 9 th Grade Class Advisor B. Beverly Richardson, 7 th Grade Girls Basketball Coach 3. Employment Non-Certificated Staff Contracts The following positions have been posted and no certificated staff members have applied. The Administration recommends the employment of these nominees on one-year limited contracts for the school year or as noted, contingent upon completion of all state and local requirements. Salary and duties per Board Policy, Negotiated Agreement, and Administrative Rules and Regulations. A. Troy Titus, 9 th Grade Boys Basketball Coach B. Carrie Simmons, Reserve Football Cheer Advisor Motion by, seconded by, to approve agenda Item IV Discussion President declares motion. P a g e 4

5 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 5 4. Employment Certificated Staff Substitute Teachers/Tutors as certified by the Preble County Educational Service Center. The Administration recommends approval of the following additions to the substitute teacher/home instruction tutor list as certified by the Preble County Educational Service Center for the school year. A. Randi Bargo B. Jean Beneke C. Jessica Conner D. Patrick Davis E. Deborah Decker F. Emily Eck G. Roxane Fox H. Melissa Gallman I. Chelsea Lucas 5. Employment Non Certificated Staff Substitutes The Administration recommends employment of the following substitutes for the school year. Employment contingent upon certification (if necessary), criminal background check, and all applicable state and local requirements. Salary and duties per Board Policy and Administrative Rules and Regulations with no fringe benefits. A. Deborah Baker, Substitute Custodian Motion by, seconded by, to approve agenda Item IV Discussion President declares motion. P a g e 5

6 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 6 6. Employment Language Tutor The Administration recommends the employment of this nominee on a one-year limited contract for the school year or as noted, contingent upon completion of all state and local requirements. Salary and duties per Board Policy, Negotiated Agreement, and Administrative Rules and Regulations. A. Ayako Cail, Japanese language tutor for Limited English Speaking students; to be paid at a rate of $11.50 per hour, not to exceed 40 hours per week for a total of 500 hours. Motion by, seconded by, to approve agenda Item IV. 6. Discussion President declares motion. 7. Approval of Volunteers The Administration recommends approval of the following volunteers for the school year; contingent upon completion of all state and local requirements, including criminal background check if necessary. A. Sarah Smith, Volunteer Volleyball Coach B. Gina Melling, Volunteer Cheer Coach Motion by, seconded by, to approve agenda Item IV. 7. Discussion P a g e 6

7 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 7 President declares motion. 8. Additions to the Graduation List The Administration recommends approval of the addition of the following summer graduates to the official Graduation List. A. Randy Clay Drewry B. Jordan Daniel Lilli C. Alga Jero Thompson D. Ashli Michelle Lynn Wilson Motion by, seconded by, to approve agenda Item IV. 8. Discussion President declares motion. 9. Resolution A. The Administration recommends approval of A RESOLUTION AUTHORIZING THE ISSUANCE OF A NOTICE OF INTENT TO AWARD MULTIPLE CONTRACTS FOR AUDITORIUM BID PACKAGES RELATED TO THE EATON MIDDLE SCHOOL, THE NOTIFICATION OF SURETIES RELATED THERETO, AND AUTHORIZING THE PRESIDENT AND THE TREASURER TO ENTER INTO SAID CONTRACTS UPON COMPLIANCE WITH ALL CONDITIONS PRECEDENT RELATED THERETO AND THE P a g e 7

8 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 8 AUTHORIZATION TO EXECUTE SAID CONTRACTS IN CONNECTION THEREWITH WHEREAS, the Eaton Community School District, County of Preble, Ohio (hereinafter called the School District ) building program identifying classroom facilities needs and basic project costs (hereinafter called the Master Plan ) for the Eaton Middle School Project (the Project ) has been conditionally approved by the Ohio School Facilities Commission, State of Ohio (hereinafter called the Commission ) and Ohio Controlling Board, as authorized under Section of the Ohio Revised Code ( O.R.C. ); WHEREAS, the Eaton Community School District Board of Education (hereinafter called the Board of Education ) has issued its bond or notes as required under Sections (A) and , O.R.C. and deposited the proceeds thereof in the Board of Education s Construction Account as required by Sections (B) and , O.R.C.; WHEREAS, the Board of Education has entered into an Expedited Local Partnership Program Agreement with the Commission related to the Project pursuant to Section , O.R.C. and a Classroom Facilities Assistance Program Agreement with the Commission related to the Project pursuant to Section , O.R.C.; WHEREAS, the Board of Education has contracted with a qualified professional design firm, Fanning/Howey Associates, Inc. (hereinafter called the Architect ), under Sections to , O.R.C., to prepare separate plans, specifications and estimates of cost, and such data as the Board of Education deems necessary for the Project and in compliance with the specifications set forth in the Commission s Design Manual, where applicable; P a g e 8

9 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 9 WHEREAS, the OSFC has retained a qualified construction management firm, Megen Construction Company, Inc. (hereinafter called the Construction Manager ), under Sections 9.33, and 9.332, O.R.C., related to constructability, logistics, availability of materials and labor, and time requirements for construction, preliminary budgets and possible economies; WHEREAS, the Board of Education has appointed Thomas Doseck as its authorized representative (hereinafter called the Authorized Representative ) to act on its behalf during the planning, bidding, award and construction phases of the Project; WHEREAS, the Authorized Representative and Construction Manager, on behalf of the Board of Education and with the assistance of the Architect, received sealed bids in connection with the new auditorium bid packages 6.1, 6.2 and 6.3 (collectively, the Bid Packages ) at the time and place established for the receipt of such bids in the Notice To Bidders and opened and read aloud said bids immediately thereafter; WHEREAS, the Authorized Representative and Construction Manager, with the assistance of the Architect, have tabulated the bids received and advised the Board of Education on the acceptance or rejection of any or all bids, alternates and budget considerations; WHEREAS, the Authorized Representative and Construction Manager, with the assistance of the Architect, have reviewed all bids received and the Construction Manager and Architect have conducted a responsible investigation of the apparent low Bidders in compliance with Sections and (A)(6), O.R.C., and any other authorizing provisions of law; WHEREAS, the Board of Education now desires to award the construction contracts and to authorize the President and the Treasurer to enter into said contracts upon compliance with all conditions precedent related to the Improvements. P a g e 9

10 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 10 NOW, THEREFORE, BE IT RESOLVED, by the Board of Education, that after careful consideration and evaluation of the information before it: Section 1. The Board of Education hereby accepts the recommendation of the Construction Manager, Architect and Authorized Representative to award the Base Bid and any Alternates for the Bid Packages to the bidders as provided below as the lowest responsible bidders in compliance with Section (A)(6), O.R.C., and any other authorizing provisions of law, contingent upon compliance with all conditions precedent to contract execution: Bid Package Lowest Responsible Bidder Base Bid Alternate Total 6.1 Beck Studios Inc. $60,078 $60, Secoa $41,182 $43,322 $84, Farnham Equipment Co. $144,800 $144,800 Total $246,060 $43,322 $289,382 Section 2. The Board of Education hereby authorizes the Construction Manager, on its behalf, to forward a Notice of Intent to Award Contract for said Bid Packages, with the appropriate Contract Form, to the lowest responsible bidders referenced in Section 1. The Construction Manager shall simultaneously notify the surety and agent of the surety of said lowest responsible bidders of the intent to award pursuant to Section 9.32, O.R.C. Section 3. Subject to the approval of the Board of Education construction counsel, and upon compliance with all conditions precedent to Contract execution, the Board of Education hereby authorizes the President and Treasurer to sign said Contracts. Section 4. The Board of Education hereby authorizes the Treasurer to sign the Certificate of Funds, upon execution of said Contracts, and attach to said Contracts a copy of the Certificate of Funds. Section 5. The Board of Education hereby authorizes the Construction Manager (at a time determined appropriate by Construction Manager), after the Construction Manager s receipt of said Contracts signed by the Contractors to forward a Notice to Proceed for said Contracts. P a g e 10

11 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 11 Section 6. The Board of Education hereby authorizes the Treasurer, at the appropriate time and with the assistance of the Board of Education construction counsel, to prepare, and make available upon request, a Notice of Commencement pursuant to Section , O.R.C., prior to the performance of any work related to said Contracts. Section 7. The Board of Education hereby finds and determines that all formal actions relative to the adoption of this resolution were taken in an open meeting of this Board of Education, and that all deliberations of this Board of Education and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section , O.R.C. Section 8. This resolution shall be in full force and effect from and immediately after its adoption and shall supersede any prior resolution or act of this Board of Education that may be inconsistent or duplicative with the provisions of this resolution. Motion by, seconded by, to approve agenda Item IV. 9. Discussion President declares motion. 10. Amendment to Superintendent s Contract The administration recommends approval to an addendum to the salary and benefits of the superintendent s contract for payment of the annuity amount directly to salary on a one time basis. Proceeds from the payment will be used towards the Superintendent s contribution to the Athletic, Arts, and Wellness Center, capital campaign. P a g e 11

12 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 12 Motion by, seconded by, to approve agenda Item IV. 10. Discussion President declares motion. 11. Revised Joint Use Agreement with Sinclair Community College The Administration recommends approval of the revised Joint Use Agreement with Sinclair Community College (Attachment A). Motion by, seconded by, to approve agenda Item IV. 11. Discussion President declares motion. P a g e 12

13 Eaton Board of Education Regular Meeting September 10, 2012 P a g e Creation of a Charitable Designated Fund with St. Clair Foundation The administration recommends approval to create a charitable designated fund with the St. Clair Foundation to benefit and construct the Eaton Community Schools Community Athletic, Wellness and Arts Center (Attachment B). Motion by, seconded by, to approve agenda Item IV. 12. Discussion President declares motion. 13. Agreement with Eaton Community Schools Athletic, Arts and Wellness Fund The administration recommends approval to enter into an agreement with the newly named EATON COMMUNITY SCHOOLS ATHLETIC, ARTS AND WELLNESS FUND through the ST. CLAIR FOUNDATION. The primary and sole purpose of the Fund shall be to benefit and construct the Eaton Community Schools Community Athletic, Wellness and Arts Center on the campus of Eaton High School and the New Eaton Middle School (Attachment C). Motion by, seconded by, to approve agenda Item IV. 13. Discussion President declares motion. P a g e 13

14 Eaton Board of Education Regular Meeting September 10, 2012 P a g e Reading Skills Assessments and Intervention Policy Update The Administration recommends the adoption of the Reading Skills Assessments and Intervention (Third Grade Reading Guarantee) Policy IGEA and IGBEA-R (Attachment D). Motion by, seconded by, to approve agenda Item IV. 14. Discussion President declares motion. 15. Board of Education Policy Updates A. The Administration recommends the first reading of the following revisions to the Board of Education policies and regulations (Supplement 1). i. AF Commitment to Accomplishment ii. AFC-2 Evaluation of Certified Staff iii. BA Board Operation Goals iv. BBA School Board Powers and Duties v. BCA Board Organizational Meeting vi. BCC Qualifications and Duties of Treasurer vii. BCCC Treasurer s Contract viii. BCD Board-Superintendent Relationship ix. BCF Advisory Committees to the Board x. BD School Board Meetings xi. BDDC Agenda Preparation and Dissemination xii. BDDG Minutes xiii. BDDH-R Public Participation at Board Meetings P a g e 14

15 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 15 xiv. xv. xvi. xvii. xviii. xix. xx. xxi. xxii. xxiii. xxiv. xxv. xxvi. xxvii. xxviii. xxix. xxx. xxxi. xxxii. xxxiii. xxxiv. xxxv. xxxvi. xxxvii. xxxviii. BDDJ Broadcasting and Taping of Board Meetings BF Board Policy Development and Adoption BFCA Board Review Regulations BFD Policy Dissemination BG Board-Staff Communications BHA New Board Member Orientation CBA Qualifications and Duties of Superintendent DBD Budget Planning DJA Purchasing Authority EBCD Emergency Closings ECA Buildings and Grounds Security EDE Computer/Online Services EEACE School Bus Idling GBG Staff Participation in Political Activities GBH Staff Student Relations GBK Use of Tobacco on District Property by Staff Members GBO Verification of Employment Eligibility GCB-2 Certified Staff Contracts and Compensation Plans GCD Certified Staff Hiring GCPCA Severance Pay IKAB Student Progress Reports to Parents IND-INDA School Ceremonies and Observances/Patriotic Exercises JN Student Fees, Fines and Charges KL Public Complaints KMB Relations with Booster Organizations Motion by, seconded by, to approve agenda Item IV. 15 A. Discussion P a g e 15

16 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 16 President declares motion. B. The Administration recommends the first reading of the following policies for deletion from the Board of Education policies and regulations (Supplement 2). i. AAF Evaluation of School Board Operational Procedures ii. AFA-E Evaluation of School Board Operational Procedures iii. BBAA-E Board Member Authority iv. BBB School Board Elections v. BBBA Board Member Qualifications vi. BBE Unexpired Term Fulfillment vii. BBF Board Member Code of Ethics viii. BBF-E Board Member Code of Ethics ix. BBFA Board Member Conflict of Interest x. BCFA Business Advisory Council to the Board xi. BCFB Family and Civic Engagement Committee xii. BCG School Board Attorney xiii. BCH Consultants to the Board xiv. BK Evaluation of School Board Operational Procedures xv. BK-E Evaluation of School Board Operational Procedures Motion by, seconded by, to approve agenda Item IV. 15 B. Discussion President declares motion. P a g e 16

17 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 17 C. The Administration recommends the first reading of the following duplicate policies for deletion from the Board of Education policies and regulations (Supplement 3). i. KC Community Involvement in Decision Making (currently ABA) ii. GBB Staff Involvement in Decision Making (currently ABB) iii. JFB Student Involvement in Decision Making (currently ABC) iv. CBG Evaluation of the Superintendent (currently AFB) v. BCCB Evaluation of the Treasurer (currently AFBA) vi. GCN-1 Evaluation of Certified Staff (Teachers ) (currently AFC-1) vii. GCN-2 Evaluation of Certified Staff (Administrators Both Professional and Support) (currently AFC-2) viii. GCN-2-R Evaluation of Certified Staff (Administrators Both Professional and Support) (currently AFC-2-R) ix. GDN Evaluation of Classification Staff (currently AFD) x. IM Evaluation of Instructional Programs (currently AFE) xi. CBI Board Superintendent Relationship (currently BCD) xii. KD Public Participation at Board Meetings (currently BDDH) xiii. KD-R - Public Participation at Board Meetings (currently BDDH-R) xiv. KBCD Broadcasting and Taping of Board Meetings (currently BDDJ) xv. CHB Board Review of Regulations (currently BFCA) xvi. CHD Administration in Policy Absence (currently BFE) xvii. GBD Board-Staff Communications (currently BG) xviii. JFCC Student Conduct on School Buses (currently EEACC) xix. KBE Tax Issues (currently FD) xx. JM Staff-Student Relations (currently GBH) xxi. LEB Educational Options (currently IGCD) xxii. LEB-R - Educational Options (currently IGCD-R) P a g e 17

18 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 18 xxiii. xxiv. xxv. LEC Post Secondary Enrollment Options (currently IGCH) LEC-R - Post Secondary Enrollment Options (currently IGCH-R) KF Community Instructional Resources (currently IIC) Motion by, seconded by, to approve agenda Item IV. 15 C. Discussion President declares motion. 16. Approval of Out-of-State Employee Travel The Administration recommends approval of out-of-state travel for the following employee. A. Jim Richards to attend the ACP Conference, at Indiana University, Bloomington, Indiana, on September 28, 2012, October 15, 2012 and April 12, Motion by, seconded by, to approve agenda Item IV. 16. Discussion President declares motion. P a g e 18

19 Eaton Board of Education Regular Meeting September 10, 2012 P a g e Textbook Disposal The Administration recommends approval to declare the following books surplus/obsolete, and to dispose of them accordingly. A. 2 Reading Power Book 2, Prentice Hall, 1981 B. 2 Angling for Words, Academic Therapy Publications, 1999 C. 15 Wilson Student Readers Book 4, Wilson Language, 1996 D. 14 Wilson Student Readers Book 5, Wilson Language, 1996 E. 17 Wilson Student Readers Book 6, Wilson Language, 1996 F. 2 Dictation Book 1-6, Wilson, 1996 G. 2 Rules Notebook, Wilson, 1996 H. 2 Instructor Manual, Wilson, 1996 I. 1 Gillingham Manual, Educators Publishing, 1997 J. 46 Invitations To Literacy, Houghton Mifflin, 1997 K. 15 Simple Math, Stevenson Learning, 1986 L. 1 Reading Power Book 1, Prentice Hall, 1981 Motion by, seconded by, to approve agenda Item IV. 17. Discussion President declares motion. 18. Other New Business Motion by, seconded by, to approve agenda Item IV. 18. Discussion P a g e 19

20 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 20 President declares motion. 19. Executive Session (if necessary) executive session. invited to participate in To discuss. Motion by, second by to convene executive session. President declares motion. President convenes executive session at p.m. President resumes open session at p.m. V. Adjournment Motion by, seconded by, to adjourn the meeting. Discussion President declares motion. President adjourns meeting at p.m. P a g e 20

21 Eaton Board of Education Regular Meeting September 10, 2012 P a g e 21 Upcoming Meeting: Regular Board Meeting October 8, :00 p.m. Hollingsworth East Elementary *Walk through of school project prior to meeting* P a g e 21

22 Attachment A JOINT USE AGREEMENT This JOINT USE AGREEMENT (the Agreement ) is made and entered into as of this 14 th day of July, 2012 by and between Sinclair Community College, (hereinafter referred to as the College ) and Eaton Community Schools, (hereinafter referred to as the Eaton Schools ). WITNESSETH THAT: WHEREAS, the 128 th General Assembly has since enacted House Bill 462 which includes a specific appropriation of capital improvement resources in the total amount of two hundred thousand dollars ($200,000), directed to the Ohio Board of Regents to improve the leased facility that will be used to prepare workers to meet the needs of growing industries; and WHEREAS, the State of Ohio capital appropriations released through the Ohio Board of Regents require compliance with Ohio Board of Regents Rule , which specifically calls for the execution of a Joint Use Agreement, and WHEREAS, the College has concluded that the value of its use of, and exposure to, the Eaton Middle School and its tools and equipment as provided in this agreement, as enhanced by the acquisitions that will be made possible by this appropriation, is reasonably related to the amount of the appropriation, and WHEREAS, the College wished to utilize the expanded, reconstructed and renovated facilities and equipment and tools of the Eaton Middle School in connection with programs identified in the Joint Use Agreement and, therefore, wishes to enter into this Agreement. NOW THEREFORE, in consideration of the mutual covenants, promises, conditions and terms to be kept and performed, it is hereby agreed between the parties hereto as follows: 1. The College will submit to the Ohio Board of Regents, a request for the release of two hundred thousand dollars ($200,000) to fund construction and space renovations. 2. Eaton Schools will allow access to the facility in for purposes of renovating space to establish the training lab as defined in Exhibit A, which is attached hereto and made a part hereof and, for the purposed hereof, constitute the Project. All aspects of the Project shall be performed at the Eaton Middle School, 311 N. Cherry Street, Eaton, OH That throughout the entire term of this Agreement, the Eaton Schools will do the following: a. Provide favorable lease rates to Sinclair over the term of the agreement. b. Provide access to the electric, water and sewer services. c. Provide maintenance and upkeep to the rented space. 4. The terms and conditions of such use by the College shall be more favorable than the terms and conditions of use by any other entity to a degree that reasonably reflects the magnitude of the College s investment in the facility. The Ohio Board of Regents, shall, upon request, be provided with pertinent records of the facility that measure the nature and extent of the use of the facility by the College, and the terms and conditions governing such use.

23 Attachment A 5. Taxes and Insurance: Eaton Schools shall pay all taxes related to the Facility, including any property taxes or assessments. Eaton Schools shall insure the Facility and warrants that Eaton Schools general liability, property, and casualty insurance policies are sufficient to fully cover all expected claims and losses related to the Facility. 6. Compliance with Law: Competitive Bidding; Prevailing Wage. Eaton Schools shall comply with all pertinent federal, state, and local laws, rules and state administrative regulations. Eaton Schools shall follow the competitive bidding procedures identified in Ohio Revised Code Chapter Reimbursement to College for Administrative Costs. Sinclair Community College agrees to waive the standard one-half percent (1.5%) typically received for reimbursement for administrative costs. 8. That the term of this Agreement shall commence upon its execution by the parties and extend through calendar year That in the event either party desires to terminate this agreement prior to the expiration of its term, written notice of either party s intent to terminate this agreement shall be given to the other party at least six (6) months prior to the effective date of that termination. Should the project not be completed or should the College s right to involvement in the Project be terminated prior to the term of this agreement, Eaton Schools shall return to the State of Ohio a pro rata portion of the State appropriation to be calculated by dividing the amount of its state appropriation by twenty (20) years and multiplying the result by twenty (20), minus the number of years of the College s involvement in the Project. 10. Eaton Schools shall hold the College harmless from liability for any and all costs, liabilities, and claims that arise from or are attendant to the construction, operation, and maintenance costs of Eaton Schools. 11. The funds appropriated for the Project by the State of Ohio shall be used only for capital improvements as defined in the House Bill Eaton Schools shall comply with all pertinent rules, regulations, and laws of the federal, state, and local government. 13. All mailing and notices to the parties shall be addressed to the parties at the addresses set forth below or to such other address as either shall have designated by notice given in accordance with the provisions of this paragraph. All mailings and notices shall be addressed as follows: Eaton Community Schools 307 North Cherry Street Eaton, Ohio Attn: Bradley C. Neavin, Superintendent Sinclair Community College 444 West Third Street Dayton, Ohio Attn: Jeffrey A. Miller, AVP Workforce Development

24 Attachment A 14. All Amendments to the Agreement shall require the prior approval of the College and Eaton Schools, as well as the express prior approval of the Ohio Board of Regents. 15. This Agreement shall be binding upon and inure to the benefit of Eaton Schools and the College and their respective successors and assigns. 16. This Agreement sets forth the entire agreement of the parties concerning the subject matter and any and all other oral or written agreements, discussions, representations, promises and understandings made or arrived at prior to or contemporaneously with this Agreement are hereby mutually revoked, withdrawn, rescinded and rendered null and void by the parties. 17. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 18. This Agreement shall be construed under and governed by the laws of the State of Ohio. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the later date below written. EATON COMMUNITY SCHOOLS By: By: Date: SINCLAIR COMMUNITY COLLEGE By: By: Date:

25 Attachment A EXHIBIT A 1. Approximately $200,000 will be spent on facility renovations and improvements to approximately 4,162 square feet of space located at the Eaton Middle School, 311 N. Cherry Street, Eaton ON, A summary of the improvements will include necessary demolition and installation of new hardwood panel walls, hard ceiling, carpet, paint, lighting and miscellaneous electrical work. EXHIBIT B Drawing representing area within the building that is considered the leased space.

26 Attachment A FY 2005 FY 2006 Capital Bill (HB 16) Extract regarding Joint Use Agreements SECTION No capital improvement appropriations made in Sections to of this act shall be released for planning or for improvement, renovation, construction, or acquisition of capital facilities if the institution of higher education or the state does not own the real property on which the capital facilities are or will be located. This restriction does not apply in any of the following circumstances: (1) The institution has a long-term (at least fifteen years) lease of, or other interest (such as an easement) in, the real property. (2) The Ohio Board of Regents certifies to the Controlling Board that undue delay will occur if planning does not proceed while the property or property interest acquisition process continues. In this case, funds may be released upon approval of the Controlling Board to pay for planning through the development of schematic drawings only. (3) In the case of an appropriation for capital facilities that, because of their unique nature or location, will be owned or will be part of facilities owned by a separate nonprofit organization or public body and will be made available to the institution of higher education for its use, the nonprofit organization or public body either owns or has a long-term (at least fifteen years) lease of the real property or other capital facility to be improved, renovated, constructed, or acquired and has entered into a joint or cooperative use agreement with the institution of higher education that meets the requirements of division (C) of this section. (B) Any foregoing appropriations which require cooperation between a technical college and a branch campus of a university may be released by the Controlling Board upon recommendation by the Ohio Board of Regents that the facilities proposed by the institutions are: (1) The result of a joint planning effort by the university and the technical college, satisfactory to the Ohio Board of Regents; (2) Facilities that will meet the needs of the region in terms of technical and general education, taking into consideration the totality of facilities which will be available after the completion of these projects; (3) Planned to permit maximum joint use by the university and technical college of the totality of facilities which will be available upon their completion; and (4) To be located on or adjacent to the branch campus of the university. (C) The Ohio Board of Regents shall adopt rules regarding the release of moneys from all the foregoing appropriations for capital facilities for all state-supported or state-assisted institutions of higher education. In the case of capital facilities referred to in division (A)(3) of this section, the joint or cooperative use agreements shall include, as a minimum, provisions that: (1) Specify the extent and nature of that joint or cooperative use, extending for not fewer than fifteen years, with the value of such use or right to use to be, as to be determined by the parties and approved by the Board of Regents, reasonably related to the amount of the appropriations;

27 Attachment A (2) Provide for pro rata reimbursement to the state should the arrangement for joint or cooperative use be terminated; (3) Provide that procedures to be followed during the capital improvement process will comply with appropriate applicable state laws and rules, including provisions of this act; and (4) Provide for payment or reimbursement to the institution of its administrative costs incurred as a result of the facilities project, not to exceed 1.5 per cent of the appropriated amount.

28 Attachment A JOINT USE AGREEMENT ANALYSIS Institutions Involved: Sinclair Community College Project Title: OBOR Training Capital Improvement Facilities Fund Capital Bill: H.B. 462 Item C37711 _Yes 1. Is the amount of the grant specified? _Yes 2. Is the facility to be built/improved identified specifically by address or location? _Yes 3. Does the non-profit organization now own the property/equipment or have a long term lease? If not, who does and when will the non-profit control the property/equipment? _Yes 4. Does the agreement provide for use of the facility by the institution of higher education for at least 15 years from the time that it is ready for occupancy and what is the nature of that use? _Yes 5. If the agreement is terminated, is there a pro rata reimbursement clause? Is the reimbursement formula correct? _Yes 6. Will funds be used only for capital improvements and not operating costs? _Yes 7. Will the non-profit hold the institution harmless for all operation/maintenance costs? _Yes 8. Will the non-profit comply with federal, state, and local laws and rules? _Yes 9. Is the non-profit required to competitively bid as outlined generally in ORC Chapter 153 (published ads, sealed bids, public opening, award to lowest responsive and responsible bidder, etc.) and is Chapter 153 referenced by name? No 10. Does the contract provide for a 1.5% administrative fee for the institution? _Yes 11. Does the agreement require that amendments be approved by the Board of Regents? _Yes 12. Is a drawdown schedule or payment procedure included? _Yes 13. Are the extent and nature of spaces/equipment and uses adequately described? _Yes 14. Are the terms and conditions of use of the facility described? _Yes 15. Has the institution demonstrated that the value of the use of the facility is reasonably related to the amount of the appropriation (See attached worksheet.) _Yes 16. Is the facility/equipment insured and by whom? _Yes 17. Is a representative of the non-profit aware they ll have to appear before Board of Regents when the joint use agreement is presented for approval?

29 Attachment A Joint Use Agreement Worksheet The Ohio Board of Regents April, 2005 Direction: The purpose of this worksheet is to enable a campus to demonstrate how the value of the uses that will be derived from a Joint Use Agreement is reasonably related to the value of the state capital appropriation made to the partner entity. Section I is to be filled out by the staff of the Board of Regents. Section II and III are to be filled out by the partner campus. Example: A campus wished to enter into a Joint Use Agreement with a 501(C)(3) entity for a state appropriation of $5,000,000. The annual debt services paid by the state on this appropriation are about $390,000 per year, for 20 years. To demonstrate that the value of the uses of the facility is reasonably related to the state appropriation, the sum of the campus educational uses of the facility should roughly equal $390,000 per year for 20 years. Section I: State appropriation information. 1. Amount of state appropriation provided: $200, Estimated annual debt service on the appropriation $15, Term of the state bond, in years: 20 Years Section II: Estimated value of use of the facility. Use(s) of the facility* Annual value of use # of years a. Favorable Lease Rate and access to Electric, Water and Sewer $15, (*List additional uses on separate page as needed.) Section III. On a separate page, explain how each use listed in Section II was valued for this analysis.

30 Attachment A Section III Analysis of Value of JUA between Sinclair and Eaton Community Schools. College Use Area Provide favorable lease rates and access to electric, water and sewer services. This figure represents a favorable lease rate reduction of $3.25/sq. foot, as well as amortizing equipment and cash donations of $40,000. Hours per Hours per Dollars per Total Value Total Value month Year Hour Per Year Contract Life N/A N/A N/A $15,526 $310,520 Totals $15,526 $310,520

31 Attachment B AGREEMENT ESTABLISHING THE EATON COMMUNITY SCHOOLS ATHLETIC, ARTS AND WELLNESS FUND OF THE ST. CLAIR FOUNDATION THIS AGREEMENT (this Agreement ) is made and entered into as of August, 2012 by and between EATON COMMUNITY SCHOOLS (hereinafter referred to as ECS ) and THE ST. CLAIR FOUNDATION, of Eaton, Preble County, Ohio (hereinafter referred to as Foundation ). W I T N E S S E T H: WHEREAS, ECS desires to create a charitable designated fund to benefit and construct the Eaton Community Schools Community Athletic, Wellness and Arts Center; and WHEREAS, the Foundation is a non-profit Ohio Corporation exempt from taxation under Internal Revenue Code ( Code ) Section 501(c)(3), a public charity described in Section 170(b)(1)(A) (vi) of the Code, and accordingly an appropriate institution within which to establish such a charitable fund. NOW, THEREFORE, in consideration of the foregoing premises and the mutual representations, warranties, conditions, and covenants contained herein, the parties hereto hereby agree as follows: 1. NAME OF THE FUND. There is hereby established in the Foundation, and as a part thereof, a fund designated as THE EATON COMMUNITY SCHOOLS ATHLETIC, ARTS and WELLNESS FUND (hereinafter referred to as the Fund ) to receive gifts, in whatever form of money or property, and to administer the same. 2. PURPOSE. The primary and sole purpose of the Fund shall be to benefit and construct the Eaton Community Schools Community Athletic, Wellness and Arts Center on or before August, 2013, subject to delays caused by force majeure. 3. GIFTS. Subject to the right of the Foundation to reject any particular gift, any person whether an individual, corporation, trust, estate or organization (hereinafter referred to as Donor ) may make gifts to the Foundation for the purposes of the Fund by a transfer to the Foundation of property acceptable to the Foundation in whole or in part for the Fund. All gifts, bequests and devises to this Fund shall be irrevocable once accepted by the Foundation. 4. TERM. The Fund will commence on the date first set forth above and shall continue for fifteen (15) years from such date, unless earlier terminated by written agreement of the parties (the Term ). 5. DISTRIBUTIONS. The Fund s Board of Advisors, as established herein, shall make recommendations to the Foundation for the distribution of the Fund s income and/or principal, in accordance with the purposes of the Fund as stated in this Agreement. After

32 Attachment B considering the recommendations made by the Board of Advisors, the decisions of the Foundation as to any disbursements from the Fund shall be final and conclusive, and such recommendations shall not have any binding effect upon the Foundation. The Fund shall maintain a balance of $1, or the amount needed to sustain the Fund annually, whichever is greater. The net appreciation of the Fund principal, realized or unrealized, may not be committed, granted or expended, except as otherwise provided herein. If any gifts to the Foundation for the purposes of the Fund are received and accepted subject to a Donor s conditions or restrictions as to the use of the gift or income therefrom, said conditions or restrictions will be honored, subject, however to the authority of the Foundation s Board of Directors (hereinafter the Board ) to vary the terms of any gift if continued adherence to any condition or restriction is in the judgment of the Foundation s Board unnecessary, incapable of fulfillment or inconsistent with the charitable needs of the community served by the Foundation. No distribution shall be made from the Fund to any individual or entity if such distribution will, in the judgment of the Foundation, endanger the Foundation s Code Section 501(c)(3) status. 6. CONSTRUCTION CONTRACTS. The Fund s Board of Advisors, as established herein, shall make recommendations to the Foundation for the Foundation to enter into certain contracts to carry out the construction of the Eaton Community Schools Community Athletic, Wellness and Arts Center in accordance with the Development Agreement. After considering the recommendations made by the Board of Advisors in connection with entering into such contracts, the decisions of the Foundation as to any contracts it will enter into shall be final and conclusive, and such recommendations shall not have any binding effect upon the Foundation. 7. CONTRACTS IN EXCESS OF PRINCIPAL AND INCOME. If the Fund s Board of Advisors makes a recommendation to the Foundation for the Foundation to enter into contract at a cost in excess of the available principal and income in the Fund, the Foundation, may, in its sole discretion, borrow the necessary funds from the Eaton National Bank & Trust Co. pursuant to a guarantee to make-up for the shortfall prior to entering into such contract. 8. DEVELOPMENT AGREEMENT. The Foundation agrees to enter into the Development Agreement with ECS in connection with the development and construction of the Eaton Community Schools Community Athletic, Wellness and Arts Center. ECS shall have no control over the construction of the Eaton Community Schools Community Athletic, Wellness and Arts Center except to the extent provided in the Development Agreement. 9. BOARD OF ADVISORS. A Board of Advisors is hereby established to make recommendations to the Foundation on behalf of ECS in accordance with Section 5 for the distribution of the Fund s assets held by the Foundation. Until changed in accordance with the provisions of this Section or by amendment to this Agreement, the following shall apply: A. Number. The Board of Advisors of the Fund shall consist of six (6) members (the Members ). Five (5) of the Members will be voting members (the Voting Members ) and one (1) of the Members will be a non-voting member (the Non-Voting Member ). The Board of Advisors, acting by requisite vote or consent of the Voting Members, shall have the sole authority to change the composition of the membership of the Board of Advisors including, without limitation, the number of Voting Members; provided, however, the

33 Attachment B Voting Members may not vote to eliminate the membership position filled by the of President of the Board of Education of Eaton Community Schools. Any change to membership in accordance with this Section shall not require an amendment or modification of this Agreement, but instead only require the requisite vote or consent of the Voting Members. The Chair, or in his/her absence any other Member of the Board of Advisors, shall notify ECS and the Foundation within a reasonable time period of any change in the structure of the Board of Advisors, including any change in Members. Notwithstanding the above, the number of Voting Members of the Board of Advisors shall not in any case be less than three (3) Voting Members. B. Voting Members; Designations. Only the Voting Members shall have the right to vote on, or consent to, any recommendation or other action to be adopted by the Board of Advisors. The Voting Members shall consist of the following: i. the person then currently serving in the position of President of the Board of Education of Eaton Community Schools and one other ECS Board member; ii. three (3) individual residents of the Eaton community, with such residents to be appointed by the Board of Education of Eaton Community Schools. C. Non-Voting Member; Designations. The Non-Voting Member may participate in meetings of the Board of Advisors, but shall have no right to vote on, or consent to, any recommendation or other action to be adopted by the Board of Advisors. The Non-Voting Member shall consist of the person then currently serving as Superintendent of Eaton Community Schools (or their respective designees, as applicable). D. Changes in Positions or Designations. If a Member of the Board of Advisors is serving in a Member capacity due to holding a particular position and such Member ceases to hold such position for any reason, whether voluntarily or involuntarily, then the successor to that position (or his or her designee, as applicable) shall automatically succeed to and replace the Member on the Board of Advisors. Further, a person or entity that is permitted to designate any individual Members of the Board of Advisors may change such designation from time to time upon providing advance written notice of such change to ECS, the Board of Advisors, and the Foundation. E. Election of Chair. The person then currently serving as President of the Board of Education shall serve as the Chair of the Board of Advisors. F. Term of Office. Members of the Board of Advisors and the Chair of the Board of Advisors shall serve indefinite terms and shall otherwise hold office until their respective successors are elected or appointed, except in the case of earlier resignation, removal, change in position or designation, disqualification, or death. G. Removal; Resignation. The Chair may only be removed from office for cause, however, any other Member may be removed from office at any time, with or without cause, by the requisite vote or written consent of the Voting Members of the Board of Advisors.

34 Attachment B An elected Chair or Member may decline to serve in such capacity or may resign from such position at any time. H. Meetings. The Chair may call meetings of the Board of Advisors. Upon written request to the Chair by any Voting Member, the Chair shall call a meeting at the time requested by the requesting Voting Member. I. Place of Meetings. All meetings of the Board of Advisors shall be held at any reasonably convenient location as the Chair may designate from time to time and as may be specified in the notice thereof. J. Notice of Meetings. Written notice of any meeting of the Board of Advisors shall be (i) personally served upon, (ii) mailed by registered or certified mail, return receipt requested, or (iii) sent via or facsimile, with receipt confirmation required, to each Member by the Chair or his or her designee no less than twenty four (24) hours, but preferably seven (7) days prior to such meeting. Notice shall be deemed given when personally served or sent (i.e., deposit in U.S. mail or confirmation of receipt of the applicable or facsimile), and when sent it shall be addressed to each Member using the contact information provided by such Member. Every such notice shall state the time and place of the meeting but need not state the purposes thereof. Notice of any meeting of the Board of Advisors need not be given to any Member, however, if waived by him in writing, whether before or after such meeting be held, or if he shall be present at such meeting, and any meeting of the Board of Advisors shall be valid meeting for all purposes without notice thereof having been given if all Members shall be present thereat. K. Quorum. The presence of a majority of the Voting Members in office at the time of the meeting shall be necessary to constitute a quorum at the meeting. L. Requisite Vote. When a quorum is present at any meeting, a majority of the votes cast by Voting Members at a meeting of Board of Advisors shall control and be considered the requisite vote for purposes hereof. M. Participation in Meetings using Communications Equipment. Members who are not physically present at a meeting of Board of Advisors may attend a meeting of the Board of Advisors by use of communications equipment that enables the Member an opportunity to participate in the meeting and, with respect to Voting Members, to vote on matters submitted to the Members, including an opportunity to read or hear the proceedings of the meeting and to speak or otherwise participate in the proceedings contemporaneously with those physically present. Any Member using communications equipment will be deemed present in person at the meeting whether the meeting is to be held at a designated place or solely by means of communications equipment. The Board of Advisors may adopt guidelines and procedures for the use of communications equipment in connection with a meeting of the Board of Advisors to permit the Board of Advisors to verify that a person is a Member and to maintain a record of any vote or other action.

35 Attachment B N. Written Consent - Action without Meeting. Any action, which may be taken at any meeting of the Board of Advisors, may be taken by written consent, in lieu of a meeting, if authorized by a writing signed by a majority of the Voting Members who would be entitled to notice of a meeting held for such purpose. O. Compensation. Members shall not receive any compensation for serving on the Board of Advisors. 10. NOT A SEPARATE TRUST. The Fund shall be a component part of the Foundation. Subject to Section 14, all money and property in the Fund shall be held as general assets of the Foundation and not segregated as trust property of a separate trust; provided that for the purposes of determining the share of the Foundation s earnings allocable to the Fund and the value of the principal of the Fund, the interest of the Fund in the general assets of the Foundation shall be a percentage determined by dividing the gift to the Fund by the then value of the total assets of the Foundation, such percentage interest being subject to adjustment at the time of each addition to or reduction of the assets of the Foundation. It is ECS s and the Foundation s intention that the Fund not be classified as a donor advised fund. As a result, no individual donor (or person appointed or designated by a donor) will have advisory privileges with respect to the distribution or investment of amounts held in the Fund by reason of their status as a donor. 11. ADMINISTRATIVE PROVISIONS. Notwithstanding anything herein to the contrary, the Foundation shall hold the Fund, and all contributions to the Fund, subject to the provisions of the applicable Ohio laws and the Foundation s Articles of Incorporation and By- Laws. The Board shall monitor the distribution of the Fund, and shall have all powers of modification and removal specified in United States Treasury Regulations Section 1.170A-9 (f)(11)(v)(b). 12. CONDITIONS FOR ACCEPTANCE OF FUNDS. ECS and the Foundation agree and acknowledge that the establishment of the Fund herein created is made in recognition of, and subject to, the terms and conditions of the Articles of Incorporation and By-Laws (or Regulations as the case may be) of the Foundation as from time to time amended, and that the Fund shall at all times be subject to such terms and conditions, including but not by way of limitation, provisions for: (a) (b) (c) Presumption of Donors intent; Variance from Donors direction; and Amendments. 13. CONTINUITY. Should the Board of Advisors become dissatisfied that the Foundation is not acting in the Fund s best interests, the Board of Advisors may request, in writing, the transfer of its assets to an organization that is exempt from federal income tax under Section 501(c)(3) and is classified as other than a private foundation under Section 509(a)(1) or (2). 14. ACCOUNTING. The receipts and disbursements of this Fund shall be accounted for separately and apart from those of other gifts to the Foundation.