BOARD OF EDUCATION CINCINNATI, OHIO PROCEEDINGS

Transcription

1 December BOARD OF EDUCATION CINCINNATI, OHIO PROCEEDINGS SPECIAL MEETING December 7, 2009 Table of Contents Election Of Treasurer Pro Tempore Roll Call Recess into Executive Session Adjourn from Recess

2 December SPECIAL MEETING The Board of Education of the City School District of the City of Cincinnati, Ohio, met in special session pursuant to notice by the Treasurer in the Board Office at the Cincinnati Public Schools Education Center, 2651 Burnet Avenue, Monday, December 7, 2009 at 6:34 p.m., President Reed in the chair. The pledge to the flag was led by President Reed. ELECTION OF TREASURER PRO TEMPORE Mrs. Cranley moved and Mrs. Bates seconded the motion that Mr. Flannery be elected Treasurer Pro Tempore in the absence of the Treasurer, pursuant to Section , Revised Code of Ohio. Ayes: Members Bates, Bolton, Cranley, Ingram, Nelms, President Reed (6) Noes: Flannery (1) President Reed declared the motion carried. ROLL CALL Present: Members Bates, Bolton, Cranley, Flannery, Ingram, Nelms, President Reed (7) Superintendent Ronan was present. RECESS INTO EXECUTIVE SESSION Mr. Nelms moved and Ms. Ingram seconded the motion that the Board recess into executive session at 6:38 p.m. to consider Employment of a Public Employee or Official. Ayes: Members Bates, Bolton, Cranley, Flannery, Ingram, Nelms, President Reed (7) Noes: None President Reed declared the motion carried. ADJOURN FROM RECESS The Board adjourned from Executive Session at 6:48 p.m. Michael Flannery Treasurer Pro Tempore

3 December BOARD OF EDUCATION CINCINNATI, OHIO PROCEEDINGS REGULAR MEETING December 7, 2009 Table of Contents Roll Call Minutes Approved Hearing the Public A Resolution To Establish The Name Of The New School For Creative And Performing Arts Presentations A Resolution Recognizing Board Member Susan D. Cranley A Resolution Adopting New Policies: Professional Staff 3000 Classified Staff A Resolution Rescinding: Construction Policies 7000construction Of School Facilities Policy A Resolution Approving Schematic Design Documents Related To The Rothenberg Preparatory Academy A Resolution for 2 nd Notice of Intent to Amend the Segment 2 Project Agreement A Resolution for 2 nd Amendment to the Segment 2 Project Agreement A Resolution for 2 nd Notice of Intent to Amend the Segment #2b Project Agreement. 801 A Resolution for 3 rd Notice of Intent to Amend the Segment 2b Project A Resolution for 1 st Amendment to the Segment 2b Project Agreement A Resolution for 2 nd Notice of Intent to Amend the Segment 3 Project Agreement A Resolution for 1 st Amendment to the Segment 3 Project Agreement A Resolution for Supplemental Project Agreement for Segment 3b Report of the Partnership/Public Engagement Committee Report of the Policy Committee Report of the Committee of the Whole Report of the Finance Committee Report of the Superintendent A Resolution Approving Project Schedule And Detailed Estimate Of Design Development Construction Cost, Soft Costs And Project Costs Related To Clark Montessori High School

4 December PROCEEDINGS REGULAR MEETING December 7, 2009 Table of Contents Revised Recommendations of the Superintendent of Schools Certificated Personnel Civil Service Personnel Report of the Treasurer 1. Summary of Receipts, Disbursements and Fund Balances All Funds As of September 30, FY 2010 Actual Expenditures/Encumbrances Compared to Consolidated Appropriations All Funds Through September 30, FY 2010 Actual Revenues Compared to Estimated Revenues All Funds Through September 30, Working Capital Advances - As of September 30, Agreements with Consultants Receipt of Donation from Friends of Schiel Receipt of Donation from Cognis Foundation Receipt of a Donation from Clifford Suttles Receipt of a Donation from Mathematica Policy Research, Inc Receipt of Furniture Panel Donations From GE Aviation, Loth, Inc. and Woolard Consulting, Inc Agreement with Srisys, Inc Agreement with Strategic Solutions Amendment to Consultant Agreement with Jerry H. Lawson Assignment Payment for Legal Services from General Fund General Counsel s Office Settlement Payment for Legal Services from Building Fund 4 (LFI) Agreements with Consultants Late Request Award Of Purchase Orders Award Of Change Order Award Of Contract Other Business Motion to reconsider the Resolution of Intent Relating to Payments by Hamilton County to Cincinnati Public Schools Hamilton County Payment A Resolution of Intent Relating to Payments by Hamilton County to Cincinnati Public Schools Hamilton County Payment Assignment Adjournment

5 December REGULAR MEETING The Board of Education of the City School District of the City of Cincinnati, Ohio, met pursuant to its calendar of meetings in the Rosa E. Blackwell Interactive Learning Center at the Cincinnati Public Schools Education Center, 2651 Burnet Avenue, Monday, December 7, 2009 at 7:05 p.m., President Reed in the chair. The pledge to the flag was led by the officers of the Covedale School Student Council: Makyla Burnam, Kaitlin Devoto, Maxwell Holloway and Abigail Strunk; Greg Hook, Principal. Musical Performance Covedale Choir ROLL CALL Present: Members Bates, Bolton, Cranley, Flannery, Ingram, Nelms, President Reed (7) Superintendent Ronan was present. MINUTES APPROVED Mrs. Bates moved and Ms. Bolton seconded the motion that the minutes of the following meetings be approved without reading, copies of said minutes having been distributed to members and made available to the public and news media on December 7, Special Public Meeting November 4, 2009 Regular Meeting November 16, 2009 Special Meeting November 23, 2009 Regular Meeting November 23, 2009 Passed viva voce. President Reed declared the motion carried. HEARING THE PUBLIC The following persons addressed the Board regarding the topics indicated: Thomas Klinedinst Jr. Lisa McQueen Bonnie Neumeier Supports changing the name of SCPA to The Erich Kunzel SCPA NAACP Representative opposed delaying payment from the county. Schematic design of Rothenberg School A RESOLUTION TO ESTABLISH THE NAME OF THE NEW SCHOOL FOR CREATIVE AND PERFORMING ARTS WHEREAS, from the establishment of SCPA as a Cincinnati Public Schools (CPS) Alternative School in 1974, Maestro Erich Kunzel dreamed of the possibility of moving the school near Music Hall to co-locate with professional musicians, dancers, performers and technical theater operations in order to offer students and professionals opportunities for growth; and

6 December A RESOLUTION TO ESTABLISH THE NAME OF THE NEW SCHOOL FOR CREATIVE AND PERFORMING ARTS WHEREAS, In 1996 he and Norma Petersen established the Greater Cincinnati Arts and Education Center (GCAEC), a nonprofit organization with the mission of (1) establishing an arts and education complex in the Music Hall/Washington Park area of Cincinnati s Over-the-Rhine neighborhood, and (2) providing operating support for the school after construction, and WHEREAS, a public-private partnership was proposed by the GCAEC Board of Trustees to construct a K-12 performing arts facility adjacent to Music Hall which would encompass both SCPA and the Schiel School; and WHEREAS, the CPS Board of Education voted by resolution dated December 9, 1996, to support the efforts of the GCAEC to create a public-private partnership to benefit SCPA and students in the Cincinnati Public Schools district; and WHEREAS, The Cincinnati Public Schools Board of Education formed a partnership with the GCAEC for the funding and construction of a new building for a K-12 school combining the existing SCPA and Schiel School (the New School ) through a resolution dated August 14, 2000, and WHEREAS, the GCAEC committed to CPS to raise one-half of the construction costs of the new school, a total of $31 million, and after construction to establish an on-going endowment providing at least $500,000 per year to the school, which overall creates one of the largest public school district/private partnership of this type in the nation. NOW, THEREFORE BE IT RESOLVED, that the CPS Board of Education recognizes Erich Kunzel for his extensive contributions to the vision and building of this new school; and BE IT FURTHER RESOLVED, that the Cincinnati Board of Education establish the School for the Creative and Performing Arts at the Erich Kunzel Center for Arts and Education. Susan D. Cranley Mrs. Cranley moved and Mr. Flannery seconded the motion that the Resolution To Establish The Name Of The New School For Creative And Performing Arts be approved. Ayes: Members Bates, Bolton, Cranley, Flannery, Ingram, Nelms, President Reed (7) Noes: None President Reed declared the motion carried. PRESENTATIONS 1. The New Teacher Project (TNTP) Dan Weisberg, Vice President of Policy, TNTP 2. Schematic Design for Rothenberg Preparatory Academy Richard Mellott, WA Inc. Architects Firm President Reed stepped down asking Vice President Bates to assume her duties. A RESOLUTION RECOGNIZING BOARD MEMBER SUSAN D. CRANLEY WHEREAS, in November 2005, Susan D. Cranley was elected to the Cincinnati Board of Education, to serve a fouryear term beginning in January 2006 and continuing through December 2009; and

7 December A RESOLUTION RECOGNIZING BOARD MEMBER SUSAN D. CRANLEY WHEREAS, Susan D. Cranley began her service to children by working as a media specialist for K-12 students in the St. Bernard Elementary School District and being the Founder and Director of the Education Foundation of St. Bernard- Elmwood Place Justice and Human Services; and WHEREAS, during Susan s term, she served as Board President in 2006; and WHEREAS, her commitment to student achievement led her to serve on the Student Achievement Committee from 2006 through 2009, chairing the committee in 2008, whose major task was to review proposals and issues relating to the program study, curriculum and instruction, and human resource issues; and WHEREAS, being recognized for her dedication to student achievement, awarded her an appointment as the District s Student Achievement Liaison on behalf of the Ohio School Boards Association from ; and WHEREAS, Susan D. Cranley also served on the Policy Committee in 2007 and 2008, and as a member of the Finance Committee in 2009; and WHEREAS, Susan s skills were recognized by her appointments to the Art Advisory Board, from 2006 through 2009, the Mayerson Board of Trustees in 2006 and the Hamilton County Family and Children First Executive Council in 2009; and WHEREAS, the children of the Cincinnati Public Schools are the recipients of Susan D. Cranley s commitment to effective teaching, community service, her attention to detail and preparedness, her knowledge and exceptional leadership skills and dedication to quality education for all children. NOW, THEREFORE BE IT RESOLVED, That the Cincinnati Board of Education expresses its deep appreciation to Susan D. Cranley for her invaluable contributions to the education of the children of Cincinnati; and BE IT FINALLY RESOLVED, That the Cincinnati Board of Education extends to Susan D. Cranley warm wishes for continued good health, happiness and success in her future endeavors. Cincinnati Board of Education Mrs. Reed moved and Mr. Nelms seconded the motion that the Resolution Recognizing Board Member Susan D. Cranley be approved. Ayes: Members Bates, Bolton, Flannery, Ingram, Nelms, President Reed (6) Abstained: Member Cranley (1) Vice President Bates declared the motion carried. President Reed resumed her duties.

8 December A RESOLUTION ADOPTING NEW POLICIES: PROFESSIONAL STAFF 3000 CLASSIFIED STAFF 4000 WHEREAS, the Cincinnati Board of Education reviewed the existing Policy Manual; and WHEREAS, the Board decided to revise the current Board Policies in order to make them consistent with the current state law and District procedures; and WHEREAS, the Administration has worked diligently to assist the Board in identifying policies that support best practices in the District; and WHEREAS, the Board has thoroughly reviewed new and revised Professional Staff 3000 and Classified Staff 4000 Policies; and WHEREAS, the Board rescinds the old Personnel 4000 policies; NOW, THEREFORE BE IT RESOLVED, That the Board adopt the new Professional Staff 3000 and Classified Staff 4000 Policies. BE IT FINALLY RESOLVED, That if any conflict occurs with Policies that remain in the current policy manual, the new policies will take precedence over the existing policies. Melanie Bates Mrs. Bates moved and Mr. Nelms seconded the motion that The Resolution Adopting New Policies: Professional Staff 3000 Classified Staff 4000 be approved. Ayes: Members Bates, Bolton, Cranley, Flannery, Ingram, Nelms, President Reed (7) Noes: None President Reed declared the motion carried. A RESOLUTION RESCINDING: CONSTRUCTION POLICIES 7000CONSTRUCTION OF SCHOOL FACILITIES POLICY 7551 WHEREAS, the Cincinnati Board of Education adopted Property 7000 policies on August 24, 2009; and WHEREAS, the Administration has worked diligently to assist the Board in identifying policies that support best practices in the District; and WHEREAS, Construction of School Facilities Policy 7551 was updated and replaced with Commemoration of School Policy 7250 in order to make them consistent with the current state law and District procedures; and WHEREAS, the Board rescinds the following Property Policies: 7000 Construction 7551 Naming of School Buildings NOW, THEREFORE BE IT RESOLVED, That the Board rescinds Construction Policies 7000 and Naming of School Buildings Policy 7551;

9 December A RESOLUTION RESCINDING: CONSTRUCTION POLICIES 7000CONSTRUCTION OF SCHOOL FACILITIES POLICY 7551 BE IT FINALLY RESOLVED, That if any conflict occurs with Policies that remain in the current policy manual, the new policies will take precedence over the existing policies. Melanie Bates Mrs. Bates moved and Mr. Nelms seconded the motion that the Resolution Rescinding: Construction Policies 7000construction Of School Facilities Policy 7551 be approved. Ayes: Bates, Bolton, Cranley, Flannery, Ingram, Nelms, President Reed (7) Noes: None President Reed declared the motion carried. A RESOLUTION APPROVING SCHEMATIC DESIGN DOCUMENTS RELATED TO THE ROTHENBERG PREPARATORY ACADEMY WHEREAS, the Cincinnati Public Schools (hereinafter called the School District ), County of Hamilton, Ohio is bidding and awarding construction contracts related to its Ohio School Facilities Commission Accelerated Urban School Building Assistance Program and locally funded initiatives, as applicable (hereinafter called the Project ); WHEREAS, the School District s Board of Education (hereinafter called the Board of Education ) has entered into an Accelerated Urban School Building Assistance Program Project Agreement (hereinafter called the Project Agreement ) with the Ohio School Facilities Commission, State of Ohio (hereinafter called the Commission ) as authorized under Section , ORC, pursuant to the receipt of State of Ohio s monies for basic project costs set aside and approved by the Ohio Controlling Board under Section , ORC; WHEREAS, the Board of Education has appointed certain authorized representatives (hereinafter the Authorized Representatives ) to act on its behalf during the planning, bidding, award and construction phases of the Project; WHEREAS, the Board of Education has issued, or is in the process of issuing, its bond or notes as required under Sections (A) and , ORC, and depositing the proceeds thereof in the Board of Education s Project Construction Account as required by Section (B) and , ORC; WHEREAS, the Board of Education, with the approval of the Commission, has contracted with a qualified professional design firm, WA, Inc (hereinafter called the Architect ), under Sections to , ORC, to prepare plans, specifications and estimates of cost, and such data as the Board of Education and Commission deem necessary for the Rothenberg Preparatory Academy, including locally funded initiatives, if any (hereinafter called the portion of the Project ) in compliance with the Project Agreement and Section , ORC; WHEREAS, the Architect has visited the portion of the Project site and provided the Board of Education with an evaluation of the Program of Requirements, schedule and budget requirements, including the Construction Budgets; WHEREAS, the Board of Education has obtained, or is in the process of obtaining, any necessary land surveys, tests of surface and subsoil conditions at the site, soil borings and any other test as deemed necessary for said portion of the Project;

10 December A RESOLUTION APPROVING SCHEMATIC DESIGN DOCUMENTS RELATED TO THE ROTHENBERG PREPARATORY ACADEMY WHEREAS, the Architect, with the input of the Authorized Representatives and Turner/DAG/TYS (hereinafter called the Construction Manager ), retained by the Commission, as to constructability, logistics, availability of materials and labor, and time requirements for construction and factors related to the Commission, preliminary budgets and possible economies, has prepared Schematic Design Documents for the portion of the Project based on the Program of Requirements and schedule and budget requirements, which consist of architectural drawings and other documents illustrating the scale of the portion of the Project and of the relationship of components of the portion of the Project to one another and of the portion of the Project to surrounding properties; WHEREAS, the Board of Education, Construction Manager, Authorized Representatives and Commission have reviewed the Schematic Design Documents for the portion of the Project, and met to make, or otherwise communicated, comments or suggestions concerning the Schematic Design Documents to the Architect and the Architect has, as necessary, submitted an amended set of Schematic Documents for the portion of the Project to the Board of Education for its approval; WHEREAS, the Construction Manager, with the assistance of the Architect and Authorized Representatives, has prepared a Statement of Probable Construction Cost based on current area volume and other unit costs and an updated Project Schedule, and with the Architect, has reviewed any differences between the Construction Budget and the Statement of Probable Construction Cost, identified reasons for any difference, recommended means to eliminate the difference and prepared a report describing the agreed upon means and submitted said report to the Authorized Representatives and Commission; and WHEREAS, the Board of Education now desires to approve the Schematic Design Documents pertaining to the portion of the Project. 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, as authorized under Section , ORC, and the Project Agreement, approves the Schematic Design Documents for the portion of the Project in substantially the form presently on file with the Board of Education, in conjunction with its Authorized Representatives approval of the Project Schedule and Statement of Probable Construction Cost, subject to the final review and approval of the Schematic Design Documents by the Commission. Failure of the Commission to grant its final approval to the Schematic Design Documents shall cause the Board of Education s approval of the Schematic Design Documents to become null and void. Section 2. The Board of Education authorizes the Architect, with the assistance of the Construction Manager and Authorized Representatives, to complete Design Development Documents for the portion of the Project based on the approved Program of Requirements, Project Schedule, Statement of Probable Construction Cost and Schematic Design Documents, which shall consist of drawings, outline specifications and other documents to fix and describe the size and character of the portion of the Project as to architectural, structural, mechanical and electrical systems, materials, and such other essential elements as may be appropriate. Section 3. The Board of Education directs the Construction Manager, with the assistance of the Architect and Authorized Representatives, to submit Detailed Estimates of Construction Cost and Project Schedules indicating milestone completion dates for the portion of the Project to the Board of Education for its approval. In establishing the Detailed Estimate of Construction Cost, the Construction Manager shall include reasonable contingencies for design, bidding and price escalation and determine in conjunction with the Board of Education s Authorized Representatives and Architect the materials, equipment, component systems and types of construction to be included in the Contract Documents. Section 4. 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 , ORC.

11 December A RESOLUTION APPROVING SCHEMATIC DESIGN DOCUMENTS RELATED TO THE ROTHENBERG PREPARATORY ACADEMY Section 5. This resolution shall be in full force and effect from and immediately after its adoption and shall supercede any prior resolution or act of this Board of Education, which may be inconsistent or duplicative with the provisions of this resolution. Eve Bolton Ms. Bolton moved and Mrs. Cranley seconded the motion that the Resolution Approving Schematic Design Documents Related To The Rothenberg Preparatory Academy be approved. Ayes: Members Bates, Bolton, Cranley, Ingram, Nelms, President Reed (6) Noes: Member Flannery(1) President Reed declared the motion carried. President Reed tabled the Resolution Approving Project Schedule and Detailed Estimate of Design Development Construction Cost, Soft Costs and Project Costs Related to Clark Montessori High School until later in the meeting. A RESOLUTION FOR 2 nd NOTICE OF INTENT TO AMEND THE SEGMENT 2 PROJECT AGREEMENT WHEREAS, the Board of Education of the Cincinnati City School District, County of Hamilton Ohio ( Board of Education ) has entered into an agreement ( Segment 2 Project Agreement ) with the Ohio School Facilities Commission ( Commission ), dated November 4, 2004 & amended November 31, 2006 pursuant to Sections to , ORC, for the construction of the project therein referred to and consisting of the classroom facilities listed and described in the Commission s Certificate of Conditional Approval; WHEREAS, the Board of Education has received a 2 nd Notice of Intent to Amend the Segment 2 Project Agreement from the Commission, dated November 3, 2009 a copy of which is attached hereto; and WHEREAS, pursuant to a Commission Resolution 00-07, effective March 30, 2000 and Section , ORC, the Executive Director will recommend and seek the approval of the Commission and Controlling Board to contribute the state s proportional share of an actual Project cost overrun upon determining, at such time in the future, that the total Project budget is or will be insufficient to enter into contracts, or if the contingency reserve and all interest earnings on project funds should or will become depleted before project completion, and all project costs are not satisfied. NOW, THEREFORE, BE IT RESOLVED, by the Board of Education to the Cincinnati City School District, Hamilton County, State of Ohio. SECTION 1. That this Board of Education hereby accepts the Commission 2 nd Notice of Intent to Amend the Segment 2 Project Agreement, dated November 3, 2009 which is as follows:

12 December A RESOLUTION FOR 2 nd NOTICE OF INTENT TO AMEND THE SEGMENT 2 PROJECT AGREEMENT The recommended change to the approved Master Facilities Plan is as follows: The Project Budget for Segment 2 will be increased by $12,955,668. The budget remaining for Segment 2 is $116,289,730. Market Conditions Academy of World Languages: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $2,886, Bond Hill Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $2,453, Carson Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $1,042, Fairview Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $2,250, Mt. Airy Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $2,025, Pleasant Ridge Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $1,673, South Avondale Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $1,851, Kilgour Elementary: Due primarily to market conditions, the project budget must be increased for the design and construction work required to renovate and add to this facility to house grades PK thru 8 to adequate design and building code standards for an increase to Segment 2 in the amount of $2,726, Abate/Demolish Modifications Academy of World Languages: Due primarily to market conditions, the allowance to abate and demolish this facility must be increased for the design and construction work required to demolish this facility for an increase to Segment 2 in the amount of $101, Bond Hill Academy: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($1,303,644.21) Carson Montessori Elementary: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($903,579.51)

13 December A RESOLUTION FOR 2 nd NOTICE OF INTENT TO AMEND THE SEGMENT 2 PROJECT AGREEMENT Clifton Elementary (South Building): Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($250,880.47) Mount Airy Elementary: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($7,425.65) Pleasant Ridge Elementary: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($1,477,625.63) South Avondale Elementary: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($112,441.16) The estimated cost increase of the Master Facilities Plan modification, including fees, is: State % Local % % % Total $ State $ Local $ Interest Applied State + Local Original Budget $ $243,625,866 $56,033,949 $187,591,917 $0 $243,625,866 Previous Budget $ Change -$140,291,804 -$32,267,115 -$108,024,689 $0 -$140,291,804 This Budget $ Change $12,955,668 $2,979,804 $9,975,864 $0 $12,955,668 Overall Modified Budget $ $116,289,730 $26,746,638 $89,543,092 $0 $116,289,730 SECTION 2. That this Board of Education hereby acknowledges its intention to contribute the Board of Education s original proportional share of an actual Project cost overrun pursuant to Section , ORC, if it is determined at such time in the future, that the total Project budget is or will be insufficient to enter into contracts, or if the contingency reserve and all interest earnings on Project funds should or will become depleted before Project completion, and all Project costs are not satisfied. SECTION 3. That this 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 , ORC. SECTION 4. This resolution shall be in full force and effect from and immediately after its adoption. Melanie Bates

14 December A RESOLUTION FOR 2 nd NOTICE OF INTENT TO AMEND THE SEGMENT 2 PROJECT AGREEMENT Mrs. Bates moved and Ms. Ingram seconded the motion that the Resolution for 2 nd Notice of Intent to Amend the Segment 2 Project Agreement be approved. Ayes: Member Bates, Bolton, Cranley, Flannery, Ingram, Nelms, President Reed (7) Noes: None President Reed declared the motion carried. A RESOLUTION FOR 2 nd AMENDMENT TO THE SEGMENT 2 PROJECT AGREEMENT THIS 2 nd AMENDMENT TO THE SEGMENT 2 PROJECT AGREEMENT ( Second Amendment ), is made and entered into by and between the Ohio School Facilities Commission ( Commission ) and the Board of Education of the Cincinnati City School District, Hamilton County, ( School District Board ), pursuant to Section of the Ohio Revised Code ( ORC ). WHEREAS, OSFC staff will seek Commission approval for this Amendment to the Master Facilities Plan in January, 2010; and WHEREAS, OSFC staff will seek the approval of this Amendment to the Master Facilities Plan and the increase in the project cost above the original amount budgeted by the Ohio Controlling Board in February, 2010; and WHEREAS, it is the intention of the School District Board and the Commission to amend the Project Agreement, fully executed as of November 4, 2004 & amended November 21, 2006 as follows: A. The modified scope of work is as follows: Market Conditions Academy of World Languages: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $2,886, Bond Hill Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $2,453, Carson Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $1,042, Fairview Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $2,250,061.50

15 December A RESOLUTION FOR 2 nd AMENDMENT TO THE SEGMENT 2 PROJECT AGREEMENT Mt. Airy Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $2,025, Pleasant Ridge Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $1,673, South Avondale Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2 in the amount of $1,851, Kilgour Elementary: Due primarily to market conditions, the project budget must be increased for the design and construction work required to renovate and add to this facility to house grades PK thru 8 to adequate design and building code standards for an increase to Segment 2 in the amount of $2,726, Abate/Demolish Modifications Academy of World Languages: Due primarily to market conditions, the allowance to abate and demolish this facility must be increased for the design and construction work required to demolish this facility for an increase to Segment 2 in the amount of $101, Bond Hill Academy: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($1,303,644.21) Carson Montessori Elementary: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($903,579.51) Clifton Elementary (South Building): Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($250,880.47) Mount Airy Elementary: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($7,425.65) Pleasant Ridge Elementary: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($1,477,625.63) South Avondale Elementary: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2 in the amount of ($112,441.16)

16 December A RESOLUTION FOR 2 nd AMENDMENT TO THE SEGMENT 2 PROJECT AGREEMENT B. The modified total budget is as follows: State % Local % % % Total $ State $ Local $ Interest Applied State + Local Original Budget $ $243,625,866 $56,033,949 $187,591,917 $0 $243,625,866 Previous Budget $ Change -$140,291,804 -$32,267,115 -$108,024,689 $0 -$140,291,804 This Budget $ Change $12,955,668 $2,979,804 $9,975,864 $0 $12,955,668 Overall Modified Budget $ $116,289,730 $26,746,638 $89,543,092 $0 $116,289,730 The OSFC will seek Commission approval to increase in the amount budgeted for the project, above the original project cost and any amendments to date, equal to the state and local increases reflected above plus all interest earned to date and any interest earned through completion of the project and available in the project construction fund. The contingency reserve portion of the project budget, interest earnings to date and any interest earned through completion of the project, are the first source of funds to pay increased project costs. The Commission and School District Board shall share any increase in project costs in proportion to their original contributions to the total project budget. Any unused money remaining in the Project Construction Fund upon completion of the Project shall be transferred to the Commission and the School District Board in proportion to their original respective contributions to the Project Construction Fund. The Commission requires the School District Board to provide a certification of deposit of the local share amount as a condition precedent to transfer of the additional State Share amount. C. The increase in the State and Local shares are as follows: $2,979,804 State Share $9,975,864 Local Share D. The remaining terms and conditions of the original Project Agreement remain in full force and effect. NOW, THEREFORE, in consideration of the mutual promises herein contained, the School District Board and the Commission agree to amend the original Project Agreement as provided herein. Eve Bolton Ms. Bolton moved and Mr. Nelms seconded the motion that the Resolution for 2 nd Amendment to the Segment 2 Project Agreement be approved. Ayes: Members Bates, Bolton, Cranley, Flannery, Ingram, Nelms, President Reed (7) Noes: None President Reed declared the motion carried.

17 December A RESOLUTION FOR 2 nd NOTICE OF INTENT TO AMEND THE SEGMENT 2b PROJECT AGREEMENT WHEREAS, the Board of Education of the Cincinnati City School District, County of Hamilton Ohio ( Board of Education ) has entered into an agreement ( Project Agreement ) with the Ohio School Facilities Commission ( Commission ), dated August 29, 2006 pursuant to Sections to , ORC, for the construction of the project therein referred to and consisting of the classroom facilities listed and described in the Commission s Certificate of Conditional Approval; WHEREAS, the Board of Education has received a Notice of Intent to Amend Project Agreement from the Commission, dated December 4, 2008 a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, by the Board of Education to the Cincinnati City School District, Hamilton County, State of Ohio. SECTION 1. That this Board of Education hereby accepts the Commission Notice of Intent to Amend Project Agreement, dated December 4, 2008 which is as follows: Recommended change to approved Master Facilities Plan: Sands Montessori: Add LEED allowance to build one new facility to house 650 students in grades PK thru 8. The original budget for this facility was $14,059, (including a $150,000 allowance for site development), the revised budget for this facility is $14,476, for a total dollar increase to Segment 2b in the amount of $417, The estimated cost INCREASE of the Master Facilities Plan modification, including fees, is: State % Local % % % Total $ State $ Local $ Interest Applied State + Local Original Budget $ $122,974, $28,284, $94,690, $0.00 $122,974, Previous Budget $ Change -$14,606, $3,359, $11,246, $0.00 -$14,606, This Budget $ Change $417, $95, $321, $0.00 $417, Overall Modified Budget $ $108,785, $25,020, $83,765, $0.00 $108,785, SECTION 2. That this 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 , ORC. SECTION 3. This resolution shall be in full force and effect from and immediately after its adoption. Susan Cranley Mrs. Cranley moved and Ms. Bolton seconded the motion that the Resolution for 2 nd Notice of Intent to Amend the Segment #2b Project Agreement be approved. Ayes: Members Bates, Bolton, Cranley, Flannery, Ingram, Nelms, President Reed (7) Noes: None President Reed declared the motion carried.

18 December A RESOLUTION FOR 3 rd NOTICE OF INTENT TO AMEND THE SEGMENT 2b PROJECT AGREEMENT WHEREAS, the Board of Education of the Cincinnati City School District, County of Hamilton Ohio ( Board of Education ) has entered into an agreement ( Segment 2b Project Agreement ) with the Ohio School Facilities Commission ( Commission ), dated August 29, 2006 pursuant to Sections to , ORC, for the construction of the project therein referred to and consisting of the classroom facilities listed and described in the Commission s Certificate of Conditional Approval; WHEREAS, the Board of Education has received a 3 rd Notice of Intent to Amend the Segment 2b Project Agreement from the Commission, dated December 1, 2009 a copy of which is attached hereto; and WHEREAS, pursuant to a Commission Resolution 00-07, effective March 30, 2000 and Section , ORC, the Executive Director will recommend and seek the approval of the Commission and Controlling Board to contribute the state s proportional share of an actual Project cost overrun upon determining, at such time in the future, that the total Project budget is or will be insufficient to enter into contracts, or if the contingency reserve and all interest earnings on project funds should or will become depleted before project completion, and all project costs are not satisfied. NOW, THEREFORE, BE IT RESOLVED, by the Board of Education to the Cincinnati City School District, Hamilton County, State of Ohio. SECTION 1. That this Board of Education hereby accepts the Commission 3 rd Notice of Intent to Amend the Segment 2b Project Agreement, dated December 1, 2009 which is as follows: The recommended change to the approved Master Facilities Plan is as follows: The Project Budget for Segment 2b will be increased by $13,340,215; the budget remaining for Segment 2b is $122,125,988. Market Conditions Covedale Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2b in the amount of $2,295, Roselawn Condon Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to renovate this facility to house grades PK thru 8 to adequate design and building code standards for an increase to Segment 2b in the amount of $3,271, John Parker Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2b in the amount of $2,021, Sands Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2b in the amount of $2,872, SCPA/Schiel Elementary/Middle/High: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle/high school to house grades K thru 12 to minimum Design Manual standards for an increase to Segment 2b in the amount of $476, Hughes High School: Due primarily to market conditions, the project budget must be increased for the design and construction work required to renovate this facility to house grades 9 thru 12 to adequate design and building code standards for an increase to Segment 2b in the amount of $1,228, Abate/Demo Modifications

19 December A RESOLUTION FOR 3 rd NOTICE OF INTENT TO AMEND THE SEGMENT 2b PROJECT AGREEMENT Eastern Hills Elementary (Sands): An allowance to abate and demolish this facility has been added to Segment 2b for an increase to Segment 2b in the amount of $806, Whittier Elementary/Middle: An allowance to abate and demolish this facility has been added to Segment 2b for an increase to Segment 2b in the amount of $347, Covedale Elementary: Due primarily to market conditions, the allowance to abate and demolish this facility must be decreased for the design and construction work required to demolish this facility for a decrease to Segment 2b in the amount of ($70,938.71) Anderson Place Elementary (John P. Parker): Due primarily to market conditions, the allowance to abate and demolish this facility must be increased for the design and construction work required to demolish this facility for an increase to Segment 2b in the amount of $90, The estimated cost increase of the Master Facilities Plan modification, including fees, is: State % Local % % % Total $ State $ Local $ Interest Applied State + Local Original Budget $ $122,974,766 $28,284,196 $94,690,570 $0 $122,974,766 NOI 1 executed $14,606,268 -$3,359,442 -$11,246,826 $0 -$14,606,268 NOI 2 dated $417,275 $95,974 $321,301 $0 $417,275 This Budget $ Change $13,340,215 $3,068,249 $10,271,966 $0 $13,340,215 Overall Modified Budget $ $122,125,988 $28,088,977 $94,037,011 $0 $122,125,988 SECTION 2. That this Board of Education hereby acknowledges its intention to contribute the Board of Education s original proportional share of an actual Project cost overrun pursuant to Section , ORC, if it is determined at such time in the future, that the total Project budget is or will be insufficient to enter into contracts, or if the contingency reserve and all interest earnings on Project funds should or will become depleted before Project completion, and all Project costs are not satisfied. SECTION 3. That this 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 , ORC. SECTION 4. This resolution shall be in full force and effect from and immediately after its adoption. Michael Flannery

20 December A RESOLUTION FOR 3 rd NOTICE OF INTENT TO AMEND THE SEGMENT 2b PROJECT AGREEMENT Mr. Flannery moved and Mrs. Cranley seconded the motion that the Resolution for 3 rd Notice of Intent to Amend the Segment 2b Project be approve. Ayes: Members Bates, Bolton, Cranley, Flannery, Ingram, Nelms, President Reed (7) Noes: None President Reed declared the motion carried. A RESOLUTION FOR 1 st AMENDMENT TO THE SEGMENT 2b PROJECT AGREEMENT THIS 1 st AMENDMENT TO THE SEGMENT 2b PROJECT AGREEMENT ( 1 st Amendment ), is made and entered into by and between the Ohio School Facilities Commission ( Commission ) and the Board of Education of the Cincinnati City School District, Hamilton County, ( School District Board ), pursuant to Section of the Ohio Revised Code ( ORC ). WHEREAS, OSFC staff will seek Commission approval for this Amendment to the Master Facilities Plan in January, 2010; and WHEREAS, OSFC staff will seek the approval of this Amendment to the Master Facilities Plan and the decrease in the project cost below the original amount budgeted by the Ohio Controlling Board in February, 2010; and WHEREAS, it is the intention of the School District Board and the Commission to amend the Project Agreement, fully executed as of August 29, 2006 as follows: A. The modified scope of work is as follows: Scope Modifications Whittier Elementary/Middle: The scope to build new ($12,526,004.89) and the allowances for swing space ($100,000) and site development ($250,000) for this facility to house grades PK thru 8 has been deleted from the MFP for a decrease to Segment 2b in the amount of ($12,876,004.89) Enrollment Modifications John P. Parker Elementary/Middle: This facility's enrollment has been decreased from 650 students to 550 students to house grades PK thru 8. The sf for this facility has been modified due to this change from 84,145 sf to 73,711 sf. The original budget for this facility was $13,909,149.23, the revised budget for this facility is $12,526, for a total dollar decrease to Segment 2b in the amount of ($1,383,144.34) Market Conditions Covedale Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to build one new elementary/middle school to house grades PK thru 8 to minimum Design Manual standards for an increase to Segment 2b in the amount of $2,295, Roselawn Condon Elementary/Middle: Due primarily to market conditions, the project budget must be increased for the design and construction work required to renovate this facility to house grades PK thru 8 to adequate design and building code standards for an increase to Segment 2b in the amount of $3,271,395.38