EATON BOARD OF EDUCATION REGULAR MEETING
Hollingsworth East Elementary School Cafeteria
March 10, 2014
6:00 p.m.
I.
Opening of the Meeting
A. Call to Order – President
B. Roll Call – President
R. Cooper___ L. Noble ___ J. Renner ___ K. Shepherd ___ T. Parks___
C. Pledge of Allegiance
D. Recognition of Students
The Board of Education and Administration of Eaton Community Schools wishes to recognize all
winter athletic teams and individuals for an outstanding season and commend them on their
outstanding sportsmanship and representation of Eaton Community Schools.
Furthermore, the Board and Administration wishes to recognize the following students for their
athletic achievements.
Whereas, the Board and Administration wishes to recognize the High School Girls Basketball Team
for an outstanding season and becoming the 2014 SWBL Champions,
Madison Bowman
Kristi Floyd
Brittany George
Danielle Karns
Ryen Lilli
Michelle McKinney
Hannah Paulus
Meghan Puckett
Hannah Snyder
Libby Springmier
Kasey Titkemeyer
Julia Titus
Elizabeth Tolliver
Autumn Whirley
Kaitlyn Yoder
Paige Whitesell
Whereas the Board and Administration wishes to recognize the High School Wrestling Team for an
outstanding season and becoming the 2014 SWBL Champions,
Mac Altom
Branson Bennett
Austin Bleil
Coleman Foster
Levi Gilbert
Shane Hammock
Shane Helsinger
Noah Herzog
Logan Islamovsky
Aldin Leaker
Kevin Melling
Drew Moore
Blake Sittloh
Matt Todd
Brandon Weaver
Whereas, the Board and Administration wish to recognize the following state qualifiers and
commend them on their outstanding performance and representation of Eaton Community Schools:
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Eaton Board of Education Regular Meeting
March 10, 2014
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Aldin Leaker – Wrestling State Qualifier
Kelsey Gregory – Swimming State Qualifier
Congratulations!
E. Recognition of Visitors
F. Executive Session (only if necessary)
____________________________________ invited to participate in executive session.
To discuss_____________________________________________________________.
Motion by _____________, second by _____________to convene
executive session.
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
President convenes executive session at __________ p.m.
President resumes open session at __________ p.m.
G. Other Opening Business
II.
Treasurer’s Business – Priscilla Dodson
A. The Treasurer recommends approval of the following:
1.
2.
3.
4.
5.
6.
7.
8.
Approve minutes of the February 10, 2014 Regular Board Meeting.
Submission of Warrants.
Submission of Financial Report.
Submission of Investment Report.
Approve FY14 Supplemental Appropriations by fund.
Approve Contract with Jostens to publish the Middle School yearbook for 2015-2017.
Approve the Depository Agreement with LCNB National Bank.
Approve moving Robyn Eck on the pay scale a to Master’s plus 15, effective
March 4, 2014.
Motion by________________, seconded by________________, to approve agenda
Item II. A.
Discussion
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March 10, 2014
Page | 3
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
III.
Reports
A. Miami Valley Career Technology Center Report – Terry Parks
B. Parks and Recreation Board Report – Joe Renner
C. Superintendent’s Report – Dr. Barbara Curry
IV.
Old Business
V.
New Business
A. Resignation and Retirements
The Administration recommends approval of the following resignation and retirements.
1.
2.
3.
4.
5.
Pauline Harvey, Custodian, resignation for the purpose of retirement, effective May 31, 2014.
Gary Peffly, Varsity Girls Basketball Coach, resignation.
Krista Smith, Reserve Volleyball Coach, resignation effective February 18, 2014.
Randy Titkemeyer, Teacher, resignation for the purpose of retirement, effective July 1, 2014.
Linda Yocom, Teacher, resignation for the purpose of retirement, effective July 1, 2014.
Motion by________________, seconded by________________, to approve agenda
Item IV. A.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
B. Employment – Certificated and Non-Certificated Administrators and Supervisors
The Administration recommends the following administrators and supervisors for limited contracts.
Salary, benefits and duties per Board Policy, Administrative Rules and Regulations and all
applicable state and local requirements.
1. Pamela Friesel, East Elementary Principal
2. Jean Keller, Assistant to the Treasurer
3. Pamela Lohnes, Cafeteria Manager
July 1, 2014 to June 30, 2016
July 1, 2014 to June 30, 2016
July 1, 2014 to June 30, 2016
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March 10, 2014
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4. Cindy Neanen, Director of Education
July 1, 2014 to June 30, 2016
Motion by________________, seconded by________________, to approve agenda
Item IV. B.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
C.
Employment – Certificated Administrators
The Administration recommends the following administrators for limited contracts. Salary,
benefits and duties per Board Policy, Administrative Rules and Regulations and all applicable
state and local requirements.
1. Scott Couch, High School Principal
2. Stanley Hughes, High School Assistant Principal
3. Kipling Powell, Bruce Elementary Principal
July 1, 2015 to June 30, 2017
July 1, 2015 to June 30, 2017
July 1, 2015 to June 30, 2017
Motion by________________, seconded by________________, to approve agenda
Item IV. C.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
D.
Employment – Non-certificated Staff – Extra Curricular 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 2013-2014 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.
1. Darlene Stuart, Event Supervisor for the Performing Arts Center and Stadium
Motion by________________, seconded by________________, to approve agenda
Item IV. D.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
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March 10, 2014
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President declares motion _______________.
E.
Employment – Non-certificated Staff – Substitutes
The Administration recommends employment of the following substitutes for the 2013-2014
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.
1. Timothy Eller, Substitute Custodian
2. Vivian Shaffer, Substitute Cafeteria Worker
Motion by________________, seconded by________________, to approve agenda
Item IV E.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
F.
Approval of Volunteers
The Administration recommends approval of the following volunteers for the 2013-2014 school
year, contingent upon completion of all state and local requirements, including criminal
background check if necessary.
1. Jordan Dudas, Volunteer Baseball Coach
2. Richard McCollum, Volunteer Track & Field Coach, through March 30, 2014.
Motion by________________, seconded by________________, to approve agenda
Item IV. F.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
G.
Amend Job Description
The Administration recommends approval to amend the job description for the Secretary to
Transportation (Attachment A).
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March 10, 2014
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Motion by________________, seconded by________________, to approve agenda
Item IV. G.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
H.
Student-Parent Handbooks
The Administration recommends approval of the 2014-2015 student-parent handbooks for
Eaton High School, Eaton Middle School, William Bruce Elementary and Hollingsworth East
Elementary. Student-parent handbooks are on file in the buildings and at the Central
Administrative Office.
Motion by________________, seconded by________________, to approve agenda
Item IV. H.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
I. Agreement with Butler County ESC
The Administration recommends approval of a lease agreement with Butler County Educational
Service Center for their Head Start Program (Attachment B).
Motion by________________, seconded by________________, to approve agenda
Item IV.I
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
J. Agreement with Alt & Witzig Engineering, Inc.
The Administration recommends approval of an agreement for Professional Services with Alt &
Witzig Engineering, Inc., 6205 Schumacher Drive, West Chester, Ohio 45069, for the purpose of
Construction Materials, Testing and Special Inspections for Phase II of the Athletic Wellness
Complex, in accordance with the Schedule of Fees and Services referenced in the agreement
(Attachment C).
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March 10, 2014
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Motion by________________, seconded by________________, to approve agenda
Item IV.J.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
K. Agreement with the City of Eaton
The Administration recommends approval of the following Facilities Agreements with the City of
Eaton for use of facilities for athletics.
1. Facilities Agreement – Tennis Complex (Attachment D).
2. Facilities Agreement – City of Eaton Baseball Fields Girls’ Softball (Attachment E).
Motion by________________, seconded by________________, to approve agenda
Item IV.K
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
L. Approval of Out-of-State Student Travel
The Administration recommends approval of out-of-state travel for the following students.
1. 5th grade students and teachers to Richmond 40 Bowl, Richmond, Indiana, Tuesday, May 20,
2014.
2. 4th grade students and teachers to Richmond 40 Bowl, Richmond, Indiana, Wednesday, May
21, 2014.
3. 3rd grade students and teachers to Richmond 40 Bowl, Richmond, Indiana, Thursday, May 22,
2014.
4. 4th Grade students and teachers to Wayne County Historical Society, Richmond, Indiana,
Thursday, May 22, 2014 and Friday, May 23, 2014.
5. High School Track & Field Team and coaches to University of Kentucky, Lexington, Kentucky,
Saturday, April 19, 2014.
6. Freshman class and advisors to Indiana University East for the College for a Day program,
Richmond, Indiana, Friday, March 21, 2014.
7. Junior class and advisors to Indiana University East for Junior Preview Day, Richmond,
Indiana, Wednesday, April 16, 2014.
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8. High School gym classes and advisors to Richmond 40 Bowl, Richmond, Indiana,
Thursday, March 27, 2014 and Friday, March 28, 2014.
Motion by________________, seconded by________________, to approve agenda
Item IV.L
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
M. Donations
The Administration recommends acceptance of the following donations.
1. From the Bruce PTA, iPad Mini, to Bruce Elementary.
2. From Silfex, gloves, hats and scarves, to Bruce Elementary.
Motion by________________, seconded by________________, to approve agenda
Item IV.M
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
N. Other New Business
Motion by________________, seconded by________________, to approve agenda
Item IV. N.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
O. Executive Session (if necessary)
____________________________________ invited to participate in executive session.
To prepare for negotiations or bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment, and to consider the
employment of a public employee or official.
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March 10, 2014
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Motion by _____________, second by _____________to convene
executive session.
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
President convenes executive session at __________ p.m.
President resumes open session at __________ p.m.
VI.
Adjournment
Motion by________________, seconded by________________, to
adjourn the meeting.
Discussion
Cooper___ Noble ___ Renner ___ Shepherd ___ Parks___
President declares motion _______________.
President adjourns meeting at
p.m.
Upcoming Board Meetings:
Monday, April 14, 2014 – 6:00 p.m.
Hollingsworth East Elementary
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Attachment A
JOB DESCRIPTION
Eaton Community Schools
An Equ a l Opportu n ity Em ploy er
Title:
Secretary for toTransportation the Director of Operations
Reports To:
Director of Operations
Employment Status: Full-time
FLSA Status:
Exempt
QUALIFICATIONS:
1.
2.
3.
4.
5.
6.
7.
8.
Hold a valid driver’s license.
Be eighteen years of age or older.
High School Diploma or equivalent.
Be able to obtain proper Ohio certification.
Must pass criminal background check.
Possess high moral character.
Possess a regular and predictable attendance record, without tardiness.
Be willing to participate in a training program at the beginning of employment, if
requested.
9. Possess ability to work with students, parents, teachers, and administration positively,
effectively, and energetically.
10. Have ability to perform job responsibilities with limited supervision.
11. Demonstrate a sincere desire to aid parents, students, administration and interact with a
positive attitude.
12. Have ability to maintain a high level of ethical behavior and confidentiality of information
about students.
13. Have typing, filing, and computer skills such as Microsoft Office and the Internet.
14. Have excellent telephone skills.
GENERAL DESCRIPTION:
Under general direction is responsible for data entry, record keeping, telephone reception, correspondence, and other clerical duties. Assists with
the daily needs of the Transportation, Food Service and Maintenance departments.
ESSENTIAL FUNCTIONS
1. Performs clerical duties such as general typing, computer input, filing, and related functions as assigned.
2. Assists in preparing and submitting State required reports.
3. Enters and maintains information in EMIS/SWOCA and other data bases as directed.
4. Assists in the preparation, reproduction and distribution of reports.
5. Prepares and sends correspondence, mailings, etc. to parents and others as requested.
6. Serves as a liaison between the administrator or supervisor and the general public.
7. Answers questions from parents regarding transportation procedures and bus stops.
8. Assists the Director of Operations with transportation routing and student software.
9. Assists the Director of Operations with scheduling routing and securing drivers for extracurricular trips.
10. Prepares purchase orders as needed for the transportation, food service and maintenance departments.
11. Maintains inventory of office supplies and orders items as needed.
12. Organizes dates and times for driver annual drug screening.
13. Maintains records of bus driver information including physicals, licenses and driving abstracts.
14. At the direction of the Director of Operations, prepares memos for staff as directed.
15. Assists with and prepares training for bus drivers in accordance with state guidelines.
16. Secures substitutes as needed for all departments.
15.17.
Assists with the National School Lunch Program.
16.18.
Demonstrates regular and predictable attendance.
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Attachment A
OTHER DUTIES AND RESPONSIBLITIES:
1.
2.
3.
4.
Provides reasonable precautions to protect material, equipment and facilities.
Demonstrates positive relations with students and staff.
Performs periodic inspection of equipment to assure cleanliness, proper working order and to establish repair or maintenance procedures as
necessary.
Performs other related duties as assigned by supervisor.
CONDUCT:
Each staff member shall remain free of any alcohol or nonprescribed controlled substance and abuse of any prescribed controlled substance in the
workplace throughout his/her employment in the District.
Each staff member shall serve as a role model for students in how to conduct themselves as citizens and as responsible, intelligent human beings.
Each staff member has a legal responsibility to help instill in students the belief in and practice of ethical principles and democratic values.
KNOWLEDGE, SKILLS AND ABILITIES:
Knowledge of: Board policies and procedures, State of Ohio Rules, building policies and procedures, record keeping, required reports, public relations.
Ability to:
interpret policies, procedures, and regulations; prepare reports in a timely fashion; communicate effectively; maintain confidentiality of
student records.
Skill in:
computers and software programs, copier, and other items as required.
EQUIPMENT OPERATED:
Computer, copier, and other items as required.
ADDITIONAL WORKING CONDITIONS:
Occasional exposure to severe weather, loud noise, unruly children/adults, blood, bodily fluids and
tissue.
TERM OF EMPLOYMENT:
One hundred eighty two (182) Two hundred thirty nine (239) work days plus 13 paid holidays as listed in the negotiated agreement.
PERFORMANCE EVALUATION:
Conducted by the Director of Operations/the building principal/supervisor.
This job description in no manner states or implies that these are the only duties and responsibilities to be performed by the position incumbent. The
incumbent will be required to follow the instructions and perform the duties required by the Board of Education.
_____________________________________________________________
Superintendent or designee
Date
______________
My signature below signifies that I have reviewed the contents of my job description and that I am aware of the requirements of my position.
____________________________________________________________
Employee
______________
Date
[Approval date: ]
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Attachment B
EATON COMMUNITY SCHOOLS
307 N. Cherry Street
Eaton, Ohio 450320
LEASE AGREEMENT WITH BUTLER COUNTY ESC FOR HEAD START PROGRAM
This is a lease agreement for classroom and related space between the Eaton Board of Education, 307 N. Cherry
St., Eaton, Ohio 45320, and the Butler County Educational Service Center (BCESC), who administers the Head
Start Program, their successors or assignees whose address is 400 N. Erie Blvd. Hamilton, Ohio 45011,
hereinafter referred to as the BCESC.
WHEREAS, the Butler County Educational Service Center has sought help from the Eaton Board of Education
to provide space with the intent of operating the Head Start Program and other preschool and family related
programs for the children and families of the service areas, and
WHEREAS, the property described below is under the jurisdiction of the Eaton Board of Education, and the
lease of said property will not materially damage or interfere with the use or maintenance of the building and
surrounding Eaton Board of Education owned land, and
WHEREAS, the Eaton Board of Education offers the use of classroom and related space for the period
beginning July 1, 2014, and ending June 30, 2015, for daytime preschool activities regularly scheduled with
students and staff in session five (5) days per week.
NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the Eaton
Board of Education hereby grants this lease agreement to the Butler County Educational Service Center
Governing Board under the following terms and conditions:
DESCRIPTION – EAST ELEMENTARY SCHOOL:
The lease premises are located at 506 N. Aukerman Street, Easton, OH 45320. The Eaton Board of Education
will grant the BCESC use of the building classroom and related space. Storage space in designated areas and
classrooms not used by the Head Start of other preschool programs, shall be reserved for use by the Eaton
Community Schools.
The playground area, which serves Eaton Elementary School, may be used for outdoor play activity under
supervision by Head Start staff. The BCESC Head Start staff shall schedule the playground areas with the
principal of East Elementary School to avoid conflict with the school’s scheduled activities.
The gymnasium may be used by both the Head Start Program, East Elementary School, and other school district
related groups for assemblies, and other school district related activities i.e., sports activities and practices in the
evenings. Priority will be given to the Eaton School’s functions. Schedules for the gymnasium will be
maintained by the East Elementary School principal or a Board of Education designee. Maintenance/custodian
cleanup shall be the responsibility of the respective groups using the gymnasium; i.e., Head Start shall be
responsible for cleanup of the gymnasium when they use it, and the related functions shall be responsible for the
care and cleanup of the gymnasium area following their use of the gymnasium area.
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Attachment B
PERSONAL PROPERTY: The BCESC will be responsible for classroom furnishing.
TERM: This Agreement shall be approved on a five (5) day per week basis, with students and staff in session,
for the period beginning July 1, 2014, and ending June 30, 2015, unless otherwise terminated in accordance
with the termination provisions herein. This lease will be evaluated annually and shall automatically renew for
an additional year. The Eaton Board of Education may non-renew this Agreement by providing ten (10) days
notice prior to the expiration thereof.
RENOVATIONS/MODIFICATIONS:
The BCESC agrees not to make any renovations and/or modification to the East Elementary School building
without the consent of the Eaton Board of Education and/or their designee. All renovations and modifications,
including cost and labor, will ultimately be the responsibility of the BCESC Board of Education. The BCESC
acknowledges the premises are suitable for the use intended by the Head Start Program and agrees to pay the
cost of all remodeling, painting, alterations, or additions required by the BCESC Head Start Program during the
term of the lease. All renovations and improvements to the East Elementary School facility shall become the
property of the Eaton Board of Education.
REPAIRS/REPLACEMENT COST:
The Eaton Board of Education shall provide all normal structural repairs as required and conduct its normal
preventative maintenance program for the property including the electrical, mechanical, and structural
maintenance programs. The Eaton Board of Education shall be responsible for routine fire extinguisher
inspections. Should repairs caused by extraordinary occurrence be required as a result of the BCESC Head
Start Program’s operation, the Eaton Board of Education shall arrange for such repairs at the BCESC Head Start
Program’s expense.
FOOD SERVICE AND TRANSPORTATION: Food service for morning and afternoon students and
transportation for the students for the Head Start Program shall be the responsibility of BCESC Head Start.
CONTINGENCY: It is agreed that this lease is made subject to funding provided or to be made by the United
States Government Department of Health and Human Services and/or the Ohio Department of Education, and
that neither of these agencies or the Butler County Educational Service Center shall be liable for the payment of
rent under the lease or any renewal or extension thereof unless and until funding is made available.
CALAMITY: If the property is destroyed or rendered untenable by fire, natural disaster, or unavoidable
accident, in which case, either party shall have the option of declaring this agreement terminated or the costs
shall be abated by the Eaton Board of Education until such time that the property is tenable. Such time should
be reasonable in length.
LIABILITY: The BCESC Board of Education shall indemnify and hold harmless the Eaton Board of
Education, as a result of the BCESC Head Start Program’s use of the property from and against any and all
claims, demands, damages, actions, or cause of action, together with any and all losses, costs, or related
expenses asserted by any person or persons for bodily injury or death during the period the BCESC occupies the
property. In addition, the BCESC agrees to carry liability insurance in the amount of $1,000,000 and then add
the Eaton Board of Education as an endorsed insured on BCESC comprehensive liability coverage.
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Attachment
INSURANCE: The Eaton Board of Education shall provide fire and extended insurance coverage
on the B
structure and Board owned personal property in an amount determined reasonable by the Eaton Board of
Education. The BCESC shall provide insurance on BCESC Head Start Program-owned property. All personal
property owned by BCESC upon the East Elementary School facility shall be at the risk of the BCESC. The
Eaton Board of Education shall not be liable for any injury or damage to personal property occurring upon the
East Elementary School property and the BCESC property which is the fault of BCESC or Head Start staff.
DEFAULT/ENFORCEMENT: If the BCESC breaches or defaults on any of the terms or conditions of this
agreement, the Eaton Board of Education shall provide the BCESC Head Start Program’s Director written
notification of the breach or default. The BCESC will have thirty (30) days from the date of receipt of the
notification to correct the breach or default. If the BCESC fails to cure the breach (as determined in the sole
judgment and discretion of the Eaton Board of Education) within this thirty (30) day period, the Eaton Board of
Education has the right to terminate this agreement.
EARLY TERMINATION: In the event that the Eaton Board of Education should have need of the total
facility (East Elementary School), or in part, including spaces or rooms so designated in this lease for storage
and the gymnasium area or for any school purpose, the Eaton Board of Education shall give a thirty (30) day
notice to the Butler County Educational Service Center Head Start Program Director. Either party may cancel
this lease by giving the other party thirty (30) days written notice of such termination.
RIGHT TO INSPECT PREMISES: The Eaton Board of Education reserves the right to inspect the premises
at any time without notice but without disruption to the operation of the Head Start Program.
REPRESENTATIVES: Where this lease agreement refers to either the Eaton Board of Education or the
Butler County Educational Service Center (BCESC), those terms shall include the agents, employees, or
authorized representatives of each party.
Approved:
EATON
BOARD OF EDUCATION
BUTLER COUNTY
EDUCATIONAL SERVICE CENTER
____________________________________
Treasurer, Eaton Board of Education
____________________________________
Treasurer, Butler County ESC
____________________________________
President, Eaton Board of Education
Date: ____________________________
____________________________________
President, Butler County ESC Board of Ed.
Date:________________________________
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Attachment C
PROFESSIONAL SERVICES AGREEMENT
This Agreement (the “Agreement”) is made and entered into this 11th day of March, 2014 (the “Effective Date”) by
and between EATON COMMUNITY SCHOOL DISTRICT, (“Client”) and ALT & WITZIG ENGINEERING, INC.
(“AWEI”) and sets out below the terms and conditions under which AWEI agrees to provide professional services in
connection with the development of Client’s construction improvements for Eaton High School Athletic Facilities
Phase II in Eaton, Ohio (the “Project”).
1.
Services. During the Term (as defined in paragraph 2), AWEI agrees to provide to Client the following
services (collectively, the “Services”) in connection with the Project:
(a)
Construction testing and special inspection; and
(b)
Timely preparation and furnishing of formal reports of said testing and inspection indicating whether
there is compliance with Project specifications.
In performing the Services, AWEI shall ensure that: (i) only approved materials are used; (ii) acceptable construction
methods are employed; (iii) the level of workmanship is high and; (iv) the proper number and quality of tests and
inspections are performed. AWEI shall employ only those persons who are properly trained and licensed to render
the Services. All equipment and laboratory facilities used in performing the Services shall be calibrated, certified
and/or inspected in accordance with relevant industry standards. The standard of care applicable to AWEI's Services
will be the degree of skill and diligence normally employed by others performing the same or similar services. AWEI
will re-perform any Services not meeting this standard without additional compensation.
2.
Term. This Agreement shall commence on the date of execution of this Agreement and terminate
automatically on the completion of construction of the Project (“Term”).
3.
Compensation. In full consideration of and in exchange for the Services, Client agrees to pay AWEI the
fees (“Fees”) as set forth in AWEI’s proposal dated 2/5/14, attached hereto as Exhibit A. Invoices for completed
Services shall be paid within 30 days of the date of the invoice. AWEI may submit invoices to Client for progress
payments not more than once each month by the 25th of each month. Such invoices will represent the value of the
completed Services to date and will be prepared in a form and supported by documentation as Client may reasonably
require.
For laboratory Services, samples generated or analyzed by AWEI or other measures taken for purposes of meeting
internal procedural quality control standards will not be separately paid for by Client.
4.
Final Payment and Lien Release.
(a) Upon completion of the Services, AWEI will notify Client, in writing, that the Services are complete and
that final payment is due. If the Services have been completed to the satisfaction of Client, and all other
provisions of this Agreement fulfilled, Client will issue final payment to AWEI.
(b) AWEI will promptly pay for all Services, labor, material, and equipment used or employed in the Services,
and will maintain all materials, equipment, structures, buildings, premises, and other subject matter hereof,
free and clear of mechanic's or other liens. AWEI will, upon completion of the Services and before final
payment, furnish Client with reasonable evidence that all Services, labor, materials, and equipment have
been paid for in full.
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C for a
5.
Retention of Records & Samples. AWEI shall retain all pertinent records relating toAttachment
the Services
period of not less than two years following the end of the Term and shall furnish copies of such records upon
Client’s request. All samples collected by AWEI shall remain the property of Client while in the custody of AWEI.
AWEI shall retain all samples for a period of 90 days following the date of AWEI’s submission to Client of the
report discussing the sample. AWEI will extend the period of sample retention upon Client’s request.
6.
Ownership of Documents. All designs, specifications, and drawings relating to the Project (“Documents”),
will be and remain the absolute and exclusive property of Client forever. AWEI acknowledges that it does not have,
nor in the future will it assert any right, title or interest of any kind or nature whatsoever in the Documents, or in or
to any component part, element, character or characterization thereof.
7.
Independent Contractor. AWEI shall furnish the Services as an independent contractor and not as an
employee of Client and nothing in this Agreement shall be construed as creating an employment relationship,
partnership, or joint venture between the parties. As an independent Contractor, AWEI will maintain complete control
of and responsibility for its employees, subcontractors, and agents. AWEI shall also be solely responsible for the
means and methods for carrying out the Services and for the safety of its employees. AWEI will be entirely
responsible for any and all withholding, payroll, self-employment, earned income, social security and/or any other
taxes that may become due with regard to Fees paid by Client under this Agreement. Each party shall control and
direct the methods by which it performs its responsibilities hereunder. Except as provided herein, neither party is
authorized to act on behalf of the other in any other matter whatsoever.
8. Confidentiality. AWEI shall treat as confidential all pertinent reports or other documents created by AWEI in
performing the Services. AWEI shall distribute said reports or documents only to those persons or entities
authorized in writing by Client. AWEI will not disclose the nature of its Services on the Project, or engage in any
other publicity or public media disclosures with respect to this Project without the prior written consent of Client.
9. Indemnification. To the fullest extent permitted by law, AWEI shall indemnify, defend and hold harmless
Client and its subsidiaries, affiliates, officers, shareholders, directors, successors and assigns, and agents and
employees of any of them (collectively “Indemnitiees”) from and against any and all costs, claims, liabilities, suits,
actions, damages, losses, liabilities, penalties, fines, citations, liens, and expenses including, without limitation,
attorneys’, consultants’ and expert witness’ fees (collectively “Claims”) incident to or arising out of or in connection
with any personal injury, sickness, disease, death, damage, destruction to or loss of property of any kind (including
Claims related to environmental contamination), caused by, alleged to be caused by or related to AWEI’s (and any of
its subcontractors or anyone directly or indirectly employed by AWEI or anyone for whose acts AWEI may be
liable): (a) Services; (b) negligent act(s), omission(s) or intentional misconduct; (c) violation of any applicable law;
(d) breach of any term, condition or obligation under this Agreement; and/or (e) infringement of intellectual property
rights, regardless of whether or not such Claim is caused in part by any actions of Client or Indemnitee(s), unless
solely caused by Client’s or Indemnitee(s) gross negligence. The rights in this paragraph shall be in addition to any
other rights Client may have under any federal or state laws or the rules or regulations of any governmental agency
in the United States and shall not be construed to negate or abridge or otherwise reduce any other right or obligation,
which would otherwise exist as to Client. The obligations of indemnity and liability under this paragraph shall
survive the termination of this Agreement and/or the furnishing of the Services.
10.
Termination; Extension.
(a) Termination By Either Party. This Agreement may be terminated by either party in the event of a
substantial breach of any material term or condition of this Agreement by the other party and a failure by such other
party to timely cure such breach, or to commence and diligently pursue curing such breach, within fourteen (14) days
after receipt of written notice from the non-breaching party.
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(b) Termination or Extension By Client.
Attachment C
(i) If for any reason beyond Client’s or AWEI’s control, such as boycotts, war, acts of God, labor trouble,
strikes, restraints of public authority, or any similar occurrence, it becomes impractical for Client to utilize the
Services hereunder, then Client shall have the right, at its sole option, to either: (A) extend the term of this
Agreement for an appropriate period of time sufficient to enable AWEI to perform all of his Services as anticipated
under this Agreement; or (B) terminate this Agreement by written notice to AWEI.
(ii) For any reason whatsoever, Client may terminate this Agreement upon giving AWEI fourteen (14) days
written notice.
11.
Adjustment to Fees. If this Agreement should be terminated pursuant to Section 9(b) above, then in
addition to all other rights and remedies available to the parties at law, equity or otherwise, including without
limitation specific performance and injunctive relief, the Fees earned up to the date of termination shall be paid.
12.
Covenant Against Contingent Fees. AWEI warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for AWEI, to solicit or secure this Agreement, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee working solely for AWEI, any
fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this covenant, Client shall have the right to annul this
Agreement and recover from AEWI the full amount of such fee, commission, percentage, brokerage fee, gift or other
consideration.
13.
Notices. Any and all notices required pursuant to this Agreement shall be in writing and shall be deemed to
have been given or made when personally delivered or three (3) days following deposit for mailing by first class
U.S. certified or registered mail (return receipt requested), if sent by telefax, upon confirmation of receipt of telefax
transmission, at or to the addresses and telefax numbers set forth below or such other addresses and telefax numbers
as the parties may direct by notice given as herein provided:
If to Client:
Eaton Community School District
307 North Cherry Street
Eaton, OH 45320
ATTN: Mr. Tom Doseck
If to AWEI:
Alt & Witzig Engineering, Inc.
6205 Schumacher Park Drive
West Chester, Ohio 45069
Attention: Mr. Tobin Moore
Telephone: (513) 777-9890
Telefax:
(513) 777-9070
14.
No Waiver. A waiver by either party of any provision of this Agreement shall not be deemed a waiver of
any other portion of this Agreement. Failure to require performance of any provision of this Agreement shall not be
deemed a continuing waiver of that provision or any other provision of this Agreement.
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Attachment C
Time of the Essence. Time is of the essence with regard to AWEI’s performance of the Services.
15.
16.
Severability. In the event that any provision or any portion of any provision of this Agreement shall be held
invalid, illegal or unenforceable, the remainder of this Agreement shall remain valid and enforceable.
17.
Assignment. AWEI shall not assign any of its rights or delegate any of its duties or obligations under this
Agreement. Client may assign its right and obligations under this Agreement.
18.
Governing Law; Venue; Attorney Fees. This Agreement and its formation, operation and performance
shall be governed, construed, performed, and enforced in accordance with the laws of the State of Ohio, without
giving effect to the principles of conflicts of laws thereof. Venue for any litigation arising out of this Agreement
shall lie exclusively in the state or federal courts in Ohio. The prevailing party in any litigation shall be entitled to
recover its reasonable attorney’s fees.
19.
Insurance. AWEI will maintain throughout this Agreement the following insurance.
(a) Worker's compensation insurance in the statutory amount and employer's liability insurance in an amount not
less than $500,000 for all employees engaged in the Services.
(b) Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the
public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite
operations, and owned, non-owned, or hired vehicles, with $1,000,000 combined single limits.
(c) Commercial general liability insurance covering claims for injuries to members of the public or damage to
property of others arising out of any covered negligent act or omission of AWEI or of any of its employees,
agents, or subcontractors, with $1,000,000 per occurrence and in the aggregate.
(d) Professional liability insurance of $500,000 per occurrence and in the aggregate.
20.
Complete Agreement. This Agreement represents the entire agreement between Client and AWEI and
supersedes all prior negotiations, representations or agreements, written or oral.
21.
Amendment. This Agreement may only be amended by a written agreement signed by both parties hereto.
22.
Counterparts; Signatures. This Agreement may be executed in counterparts, each of which shall be
deemed an original constituting one and the same instrument. The parties intend that electronic or faxed signatures
constitute original signatures and are binding on all parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date first noted
above.
EATON COMMUNITY SCHOOL DISTRICT
ALT & WITZIG ENGINEERING, INC.
By:_________________________________
By:________________________
Printed:
Printed:
Title:
Title:
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Attachment D
FACILITIES AGREEMENT
Tennis Complex
This Agreement is entered into this ____day of ___________, ________, by and between the City of
Eaton, State of Ohio, whose mailing address is 328 N. Maple St., P.O. Box 27, Eaton, Ohio 45320, hereinafter
“City,” by the authority of the Eaton City Manager, Brad Collins, as provided in the Codified Ordinances of the
City of Eaton, Ohio, and the Eaton Community School Board, on behalf of the Eaton Community Schools
Tennis Teams, whose mailing address is 307 N. Cherry Street, hereinafter “User,” by the authority of the Eaton
Community Schools, through its Board of Education President, Terry Parks and it’s Superintendent of schools,
Dr. Barbara Curry
WITNESSTH, that for the mutual promises contained herein, the parties do hereby agree as follows:
1.
2.
City’s Obligations:
A.
The City hereby agrees to permit the User to use the City’s Brooke-Gould Memorial Tennis
Complex (hereinafter “Complex”) for the following functions on the following dates and times:
(i) Boys’ Varsity Tennis Home Games: on the dates listed and highlighted as “Home” in the
attached and incorporated herein by reference as Exhibit 1, from 3:30 p.m. to 8:30 p.m.;
(i) Practice: Monday through Friday from 3:30 p.m. to 5:00 p.m.
B.
The City shall not be responsible for providing any necessary personnel to the User for any of its
functions.
User’s Obligations:
A.
The User hereby agrees to leave the entire Complex premises, including the parking lots, in a
clean and orderly fashion, free of all debris and litter. If the User fails to comply with this and
the City is forced to utilize its own employees to return the Complex to a clean and orderly state,
the User will be responsible for the expense of the same. The User here agrees to so reimburse
the City for the use of the City’s employees within thirty (30) days of receipt of an invoice from
the City. Any invoice more than fifteen (15) days past due shall be charged five percent (5%)
interest for each fifteen (15) day period such invoice is past due.
B.
The User hereby agrees to abide by the following restrictions and instructions as to the use of the
Complex.
(i)
C.
The User is responsible for its own functions and must obtain necessary and needed
personnel at its own expense.
The User hereby agrees that it will indemnify and hold harmless the City, its officers, agents and
employees from any and all liability of every kind, nature or description, arising out of any and
all claims, demands, lawsuits or judgments, which may be brought by any persons, firms or
corporations against the City, its officers, agents and employees, by reason of any and all
accidents or incidents of every kind and description, occurring anywhere on said Complex
premises, which may occur or arise out of or in connection with the User’s use of the Complex.
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Attachment D
D.
Upon the request of User the City shall consider the usage of the Complex by user for additional
date(s) not specified in Exhibit 1. Any additional or rescheduled complex usage shall occur only
upon the mutual agreement of the parties.
3.
Term: This Agreement shall be in effect from the date first written above until May 31, 2014.
4.
Termination: Upon the breach of any condition or term of this Agreement by the User, the City may
terminate this Agreement immediately upon written notice to the User.
5.
Miscellaneous:
A.
Neither the City nor the User shall assign, sublet, or transfer their interest in this Agreement
without the express written consent of the other party.
B.
This Agreement represents the entire and integrated agreement of the parties,
and supersedes all prior negotiations, representations, and/or agreements, both written or oral.
C.
This Agreement may be amended or modified upon the written agreement of the
parties, as evinced by an Addendum to this Agreement.
D.
This Agreement and all rights and obligations of the parties hereunder, shall be construed and
governed by the laws of the State of Ohio. To the extent that any provision of this Agreement is
held to be invalid, that provision shall be deemed deleted and the remaining provisions shall
remain in full force and effect.
E.
This agreement may be executed in multiple counterparts, each of which shall be deemed an
original and all signatures delivered by facsimile and/or electronically shall be as effective as
original signatures
F.
Each party warrants that the individual signing this Agreement on behalf of such party has the
authority to enter into this Agreement and to bind the principal in whose behalf he or she signs.
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Attachment E
FACILITIES AGREEMENT
City of Eaton Baseball Fields
Girls’ Softball
This Agreement is entered into this ____day of ___________, ________, by and between the City of
Eaton, State of Ohio, whose mailing address is 328 N. Maple St., P.O. Box 27, Eaton, Ohio 45320, hereinafter
“City,” by the authority of the Eaton City Manager, Brad Collins, as provided in the Codified Ordinances of the
City of Eaton, Ohio, and the Eaton Community School Board, on behalf of the Eaton Community Schools
Softballs Teams, whose mailing address is 307 N. Cherry Street, hereinafter “User,” by the authority of the
Eaton Community Schools, through its Board of Education President, Terry Parks and it’s Superintendent of
schools, Dr. Barbara Curry
WITNESSTH, that for the mutual promises contained herein, the parties do hereby agree as follows:
1.
City’s Obligations:
A.
The City hereby agrees to permit the User to use the City of Eaton baseball fields located along
Lexington Road, commonly known as the DP&L Fields, (hereinafter “Premises”) for the
following functions, on the following dates:
(i) Softball practice from 2:30 p.m. to 6:00 p.m., seven days a week; and
(ii) Girls’ Junior Varsity and Girls’ Varsity softball games, in accordance with
the attached schedule, hereby attached and incorporated herein by reference
as Exhibit 1.
B.
2.
The City shall not be responsible for providing any necessary personnel, supplies or materials to
the User for any of its functions.
User’s Obligations:
A.
The User hereby agrees to leave the entire Premises, including the parking lots, in a clean and
orderly fashion, free of all debris and litter. If the User fails to comply with this and the City is
forced to utilize its own employees to return the Premises to a clean and orderly state, the User
will be responsible for the expense of the same. The User here agrees to so reimburse the City
for the use of the City’s employees within thirty (30) days of receipt of an invoice from the City.
Any invoice more than fifteen (15) days past due shall be charged five percent (5%) interest for
each fifteen (15) day period such invoice is past due.
B.
The User hereby agrees to abide by the following restrictions and instructions as to the use of the
Premises.
(i)
C.
The User is responsible for its own functions and must obtain necessary and needed
personnel, supplies and materials at its own expense.
The User hereby agrees that it will indemnify and hold harmless the City, its officers, agents and
employees from any and all liability of every kind, nature or description, arising out of any and
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Attachment E
all claims, demands, lawsuits or judgments, which may be brought by any persons, firms or
corporations against the City, its officers, agents and employees, by reason of any and all
accidents or incidents of every kind and description, occurring anywhere on said Premises,
which may occur or arise out of the User’s use of the Premises.
D.
Upon the request of User the City shall consider the usage of the Complex by user for additional
date(s) not specified in Exhibit 1. Any additional or rescheduled complex usage shall occur only
upon the mutual agreement of the parties.
3.
Term: This Agreement shall be in effect from the date first written above until June 6, 2014
4.
Termination: Upon the breach of any condition or term of this Agreement by the User, the City may
terminate this Agreement immediately upon written notice to the User.
5.
Miscellaneous:
A.
Neither the City nor the User shall assign, sublet, or transfer their interest in this Agreement
without the express written consent of the other party.
B.
This Agreement represents the entire and integrated agreement of the parties,
and supersedes all prior negotiations, representations, and/or agreements, both written or oral.
C.
This Agreement may be amended or modified upon the written agreement of the
parties, as evinced by an Addendum to this Agreement.
D.
This agreement may be executed in multiple counterparts, each of which shall be
deemed an original and all signatures delivered by facsimile and/or electronically shall be as
effective as original signatures
G.
Each party warrants that the individual signing this Agreement on behalf of such party has the
authority to enter into this Agreement and to bind the principal in whose behalf he or she signs.
23
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