community college of beaver county board of trustees ... - net
TRANSCRIPT
Community College of Beaver
County Board of Trustees
Regular Meeting Tuesday, June 19, 2018
6:00 p.m.
1 Campus Drive, Monaca, PA 15061
Community Education Center Boardroom
Agenda 1.0 Call to Order R. Postupac
2.0 Roll Call J. Kochanowski
3.0 Pledge of Allegiance R. Postupac
4.0 Executive Session Report R. Postupac
4.1 Resolution 2018-008: Appointment of Roger W. Davis as Interim President
Action + R. Postupac
5.0 Recognition of Press, Guests and Public Comment R. Postupac
5.1 Swearing-In of Reappointed Trustees
Ms. Pamela Johnson Dr. Zachery Saunders Ms. Genetha Woods-Short
Commissioner Tony Amadio
6.0 Old Business
6.1 Student Housing R. Postupac
7.0 President
7.1 Report of the Acting President R. Davis
7.2 Introduction of Student Representative to the Board of Trustees
Mr. Nicholas Petrelli
R. Davis
8.0 Report of the Executive Committee + R. Postupac
9.0 Consent Agenda Action R. Postupac
9.1 Meeting Minutes – May 15, 2018 Regular Meeting +
9.2 Insurance Renewal for 2018-19 +
The Executive Committee recommends approval of proposed property and casualty insurance renewal with Liberty Mutual in the amount of $266,843.
9.3 Accounts Receivable Analysis +
The Executive Committee recommends approval to increase the College’s accounts receivable reserve in the amount $26,584.
9.4 Blanket Purchase Orders for Fiscal Year 2018-19 +
The Executive Committee recommends approval of the proposed blanket purchase orders for Fiscal year 2018-19 as presented.
9.5 Annual Land Lease Payment: Beaver County Airport Facility +
The Executive Committee recommends approval of payment in the amount of $50,000 to the Beaver County Airport Authority for the 2018-19 land lease.
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9.6 Lease Agreement: Private Industry Council of Westmoreland/Fayette, Inc. +
The Executive Committee recommends approval for the College to renew a lease agreement with Private Industry Council of Westmoreland/Fayette, Inc. for the period of July 1, 2018 through June 30, 2019. The total value for the lease is $14,333.03. This organization operates Head Start in the Health Sciences Center.
9.7 Payment to Renaissance 3 Architects, LLC +
The Executive Committee recommends approval of payment to Renaissance 3 Architects, LLC in the amount of $62,285.11 for design and architect services related to the Learning Resources Center capital project. The amount is within the scope and budget of the project, and will be paid from the Learning Resources Center Capital Project Construction Fund.
9.8 Payment to Contractors in July
The Executive Committee recommends, due to there being no scheduled Board of Trustees meeting in July, approval for the administration to provide payment to vendors for invoices and pay applications until the August Board of Trustees meeting. All items paid during this period of time will be within the approved budget and scope of work, and will be presented to the Board of Trustees at the next Regular Board meeting for ratification.
9.9 New Policy 5.05.001: Sponsored Programs Travel Policy +
The Executive Committee recommends approval of Policy 5.05.001, Sponsored Programs Travel Policy, as attached.
9.10 New Policy 5.05.002: Subawards and Subcontracts Policy +
The Executive Committee recommends approval of Policy 5.05.002, Subawards and Subcontracts Policy, as attached.
9.11 New Policy 5.05.003: Sponsored Programs Stewardship Policy +
The Executive Committee recommends approval of Policy 5.05.003, Sponsored Programs Stewardship Policy, as attached.
9.12 New Policy 5.05.004: Costing Principles for Sponsored Programs Policy +
The Executive Committee recommends approval of Policy 5.05.004, Costing Principles for Sponsored Programs Policy, as attached.
9.13 New Policy 5.05.005: Participant Support Policy +
The Executive Committee recommends approval of Policy 5.05.005, Participant Support Policy, as attached.
9.14 2018-19 Regular Meeting Schedule +
The Executive Committee recommends approval of the 2018-19 Regular Meeting schedule as included in the agenda packet.
9.15 Resolution 2018-007: Authorization of Roger W. Davis as Signature
+
The Executive Committee recommends approval of Resolution 2018-007, which authorizes Roger W. Davis to sign any and all documents, contracts, grants and/or licenses with PDE, including electronic signatures via the Department’s e-grants system.
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10.0 Operations and Risk Management Committee
10.1 Report of Vice President for Finance, Operations, and Information Technology + G. Natali
11.0 Student Success Committee
11.1 Report of the Student Success Committee + P. Johnson
11.2 Report of Executive Vice President and Provost + R. Davis
11.3 Report of Vice President for Student Affairs and Enrollment + J. Kaminski
12.0 Board, Employee and Community Development Committee
12.1 Election of 2018-18 Officers Action J. Kochanowski
During the Board of Trustees Meeting on May 15, 2018, the Board, Employee and Community Development Committee recommended the following officers for 2018-19. Action to be taken on June 19, 2018.
Chair: Robert Postupac
Vice Chair: Pamela Johnson
Secretary: John Kochanowski
Treasurer: Stephen Robinson
12.2 Report of Vice President for Human Resources + S. Mercer
12.3 Report of Executive Director of Public Relations and Marketing + L. Tennant
12.4 Report of Executive Director of Advancement and Sponsored Programs + K. Codner
13.0 Other/New Business
13.1 Events Information + R. Postupac
13.2 Board of Trustees Summer Retreat
Saturday, July 28, 2018 More information will be provided once details are confirmed.
13.3 Next Regular Meeting R. Postupac
Tuesday, August 21, 2018 at 6:00 p.m. Community College of Beaver County Community Education Center, Boardroom
14.0 Adjournment Action R. Postupac
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RESOLUTION NO. 2018-008
COMMUNITY COLLEGE OF BEAVER COUNTY BOARD OF TRUSTEES
WHEREAS, the Board of Trustees of the Community College of Beaver County have heretofore appointed Dr. Roger W. Davis to the position of Acting President; and,
WHEREAS, the Board of Trustees desires to promote and appoint Dr. Roger W. Davis to the position of Interim President.
NOW, THEREFORE, BE IT RESOLVED that Dr. Roger W. Davis is hereby promoted and appointed to the position of Interim President with the same powers and responsibilities that were entrusted to him at the time of his appointment to the office of Acting President.
BE IT FURTHER RESOLVED that the compensation for the aforesaid appointments shall be established by the Board of Trustees.
The within Resolution was duly enacted and approved at a public meeting this 19th day of June, 2018, by the Board of Trustees of the Community College of Beaver County.
ATTEST COMMUNITY COLLEGE OF BEAVER COUNTY
______________________________ __________________________________ Secretary Chairman, Board of Trustees
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4.1
Community College of Beaver County Board of Trustees Executive Committee Meeting Tuesday, June 6, 2018
Present: Trustees Dr. Robert Postupac, Chair Ms. Pamela Johnson, Vice Chair Mr. Stephen Robinson, Treasurer
Administration Dr. Roger Davis, Acting President Mr. Kolton Codner, Executive Director of Advancement and Sponsored Programs Ms. Leanne Condron, Assistant to the President and Board of Trustees/Office Manager Ms. Jan Kaminski, Vice President for Student Affairs and Enrollment Mr. Scott Monit, Associate Vice President of Facilities and Grounds Mr. Glenn Natali, Vice President for Finance, Operations and Information Technology Ms. Leslie Tennant, Executive Director of Public Relations and Marketing
Guests Mr. Roger Janes, First National Bank Ms. Susan Maloney, Baker Tilly Ms. Andrea Mumma, CCBC, Controller Mr. Tom Walenchok, Baker Tilly
Meeting Convened at 5:06 p.m.
Guest Presentation: Tom Walenchok and Susan Maloney, Baker Tilly – CCBC Auditor
Mr. Glenn Natali introduced Mr. Tom Walenchok and Ms. Susan Maloney of Baker Tilly. Baker Tilly was recently selected as the College’s auditor. Mr. Walenchok and Ms. Maloney distributed and reviewed the scope and timing details for the 2018 audit process. Audit fieldwork begins on June 25 and financial aid testing will take place during the week of July 16. Mr. Walenchok and Ms. Maloney will meet with the Operations and Risk Management Committee in August to discuss the audit process in detail, review possible risk compliance subjects, and establish a review schedule.
Guest Presentation: Roger Janes, First National Bank – 2018‐19 Insurance Renewal
Mr. Natali introduced Mr. Roger Janes of First National Bank. Mr. Janes presented for approval the 2018‐19 renewal package for the College’s property and casualty insurance with Liberty Mutual in the amount of $266,843. The Executive Committee recommends approval under the Consent Agenda on Tuesday, June 19.
8.0
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Decision Items
Accounts Receivable Analysis
Mr. Natali presented for approval an analysis of the College’s accounts receivable. Based on the current balance in the accounts receivable reserve and the total receivables currently at the collection agency, a recommendation was made to increase the allowance by $26,584. The Executive Committee recommends approval under the Consent Agenda on Tuesday, June 19.
Fiscal Year 2018‐19 Blanket Purchase Orders
Mr. Natali presented for approval a spreadsheet containing all expected blanket purchase orders for fiscal year 2018‐19, totaling $8,124,495. The expenses included on the spreadsheet are accounted for in the budget that was approved by the Trustees on Tuesday, May 15. The Executive Committee recommends approval under the Consent Agenda on Tuesday, June 19.
2018‐19 Airport Land Lease
Mr. Natali presented for approval an invoice in the amount of $50,000 from the Beaver County Airport Authority for the lease of land at the Beaver County Airport. The current agreement with the Airport Authority expires June 30, 2019. The Executive Committee recommends approval under the Consent Agenda on Tuesday, June 19.
Lease Agreement with Private Industry Council of Westmoreland/Fayette, Inc.
Mr. Natali presented for approval a new lease agreement with Private Industry Council of Westmoreland/Fayette, Inc. for the use of space in the Health Sciences Center to operate the Head Start program. The previous agreement expired in May 2018 and the Trustees approved a one‐month extension on Tuesday, May 15. The new agreement includes a modest increase. The document was reviewed by the College’s solicitor, Richard Start, Esq. The Executive Committee recommends approval under the Consent Agenda on Tuesday, June 19.
Payment to Renaissance 3 Architects, LLC
Mr. Natali presented for approval invoice number 17056‐5 from Renaissance 3 Architects, LLC in the amount of $62,285.11 for professional fees and reimbursable expenses related to the Learning Resources Center Renovation through April 2018. The Executive Committee recommends approval under the Consent Agenda on Tuesday, June 19.
Payment to Contractors in July
Due to there being no scheduled Board of Trustees meeting in July, Mr. Natali requested approval to provide payment to vendors for invoices and pay applications within budget and scope of work that are received and due prior to the Regular Meeting in August. All items paid during this period of time will be presented to the Board of Trustees at the August meeting for ratification. The Executive Committee recommends approval under the Consent Agenda on Tuesday, June 19.
8.0
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Resolution 2018‐007: Authorization of Roger W. Davis as Signature – Pennsylvania Department of Education
Ms. Jan Kaminski presented for approval Resolution 2018‐007, prepared by the Pennsylvania Department of Education (PDE), which authorizes Roger W. Davis to sign any and all documents, contracts, grants and/or licenses with PDE, including electronic signatures via the Department’s e‐grants system. The document was reviewed by the College’s solicitor, Richard Start, Esq. The Executive Committee recommends approval under the Consent Agenda on Tuesday, June 19.
2018‐19 Board of Trustees Regular Meeting Schedule
Ms. Leanne Condron presented for approval the 2018‐19 Board of Trustees Regular Meeting Schedule. The Executive Committee recommends approval under the Consent Agenda on Tuesday, June 19.
Presentation of New Policies
Mr. Kolton Codner presented the following new policies related to the administration of sponsored projects for approval:
1. Policy 5.05.001: Sponsored Programs Travel Policy2. Policy 5.05.002: Subawards and Subcontracts Policy3. Policy 5.05.003: Sponsored Programs Stewardship Policy4. Policy 5.05.004: Costing Principles for Sponsored Programs Policy5. Policy 5.05.005: Participant Support Policy
The documents have been reviewed by the College’s solicitor, Richard Start, Esq. and were shared with the campus community through the shared governance review model. The Executive Committee recommends approval on Tuesday, June 19.
Reports/Information
Update: Learning Resources Center Renovation Bids
Contractor bids for the Learning Resources Center Renovation were publically opened on Monday, April 30. The project received two bids for general construction services, one bid for electric, four bids forHVAC and four bids for plumbing. Once added to the cost for furniture and fees, the total of the lowest bids received, places the project $1,073,898 over the total project budget. During the Regular meeting on Tuesday, May 15, the Trustees ratified a request to reopen bidding.
New bids are due on Friday, June 22. Eckles Construction and Renaissance 3 Architects, LLC will vet the bids. Construction is scheduled to begin on Monday, July 9. Mr. Natali and Mr. Scott Monit requested that a special Executive Committee meeting take place on Tuesday, June 26 in order for the Committee to approve the accepted bids so that scheduled work may begin on time. The bid approvals will be ratified at the next Regular meeting, which will take place in August.
The Executive Committee approved the request and will meet on Tuesday, June 26 at Noon in the President’s Conference Room.
8.0
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New Women’s Basketball Coach
Mr. Davion Jackson has been appointed the Head Women’s Basketball Coach. Coach Jackson received his Bachelors of Science Degree in Sport Management and Master of Business Administration from Slippery Rock University. He has extensive experience working with students in the Act 101, mentor and summer bridge programs. Coach Jackson will be a tremendous asset to the College’s Athletics program. He recently served as CCBC’s Assistant Men’s Basketball Coach.
Human Resources Update
Dr. Roger Davis provided a Human Resources update on behalf of Ms. Sally Mercer.
Contract negotiations between the CCBC Collective Bargaining Management Team and the Educational Support Personnel Association (ESPA) continue. The next scheduled bargaining sessions are scheduled to take place on July 2 and 3.
Trustee Oath to be Administered at the June Meeting
On Tuesday, June 19, Beaver County Commissioner Tony Amadio will administer the Trustees Oath to Trustees Johnson, Saunders, and Woods‐Short who were recently reappointed to an additional 6‐year term.
Officer Elections at the June Meeting
The Trustees will elect the 2018‐19 officers during the Board meeting on Tuesday, June 19. The following slate was presented at the meeting on Tuesday, May 15:
Chair: Robert Postupac Vice Chair: Pamela Johnson Secretary: John Kochanowski Treasurer: Stephen Robinson
Board of Trustees Retreat
During the Board meeting on Tuesday, May 15, the Trustees requested to conduct a retreat in July. Following a survey of the Trustees’ availability, a retreat has been scheduled for Saturday, July 28. Additional information regarding the day’s itinerary, including the location, will be shared once details have been confirmed.
Meeting Adjourned into Executive Session to Discuss a Personnel Matter at 6:38 p.m.
Respectfully Submitted,
Leanne Condron Assistant to the President and Board of Trustees/Office Manager
8.0
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Community College of Beaver County Board of Trustees Regular Meeting Tuesday, May 15, 2018
A regular, public board meeting was held pursuant to notice on Tuesday, May 15, 2018, in the Learning Resources Center Room 103 at CCBC.
Chair Robert Postupac called the meeting to order at 6:00 p.m., and Mr. Kochanowski called the roll.
ROLL CALL
Present Brian Gelb Pamela Johnson John Kochanowski Edward Palombo Robert Postupac Frederick Retsch Stephen Robinson Zachery Saunders Genetha Woods‐Short
College Representatives Present Christopher Reber, President Kolton Codner, Executive Director of Advancement and Sponsored Programs Leanne Condron, Assistant to the President and Board of Trustees/Office Manager Roger Davis, Executive Vice President and Provost Jan Kaminski, Vice President for Student Affairs and Enrollment Sally Mercer, Vice President for Human Resources Glenn Natali, Vice President for Finance, Operations, and Information Technology Leslie Tennant, Executive Director of Public Relations and Marketing
Others Present Joyce Cirelli, Dean, High School Academies and Dual Enrollment Carl Dennis, Assistant Professor of Computer Forensics Kristi Farrow, Part‐Time Faculty, Computer Information Systems and Technology John Goberish, Dean, Workforce and Continuing Education John Higgs, Dean, School of Business, Arts, Sciences and Technology Scott Monit, Associate Vice President and Director of Facilities and Grounds Shelly Moore, Dean, School of Nursing and Allied Health Andrea Mumma, Controller Richard F. Start, Esq., College Solicitor Katie Thomas, Executive Director of Planning, Assessment and Improvement
Executive Session
The Board of Trustees conducted an Executive Session at 5:00 p.m. to discuss personnel. Action will be taken during the Regular Meeting.
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Added Agenda Items
Ms. Johnson moved to add the following items to the Regular Meeting agenda:
1. Resolution 2018‐005 accepting with great regrets the resignation of Christopher M. Reber asPresident of the College effective June 30, 2018;
2. Resolution 2018‐006 appointing Dr. Roger W. Davis to the position of Acting President withthe full responsibilities of the position of President set forth in Community College of BeaverCounty Policy Number 1.02.007 fully effective on May 21, 2018, and
3. A motion to approve paid vacation for Christopher M. Reber from May 21, 2018 through June30, 2018 with the expectation that Dr. Reber will remain available to assist Dr. Davis as maybe necessary in the transition of Dr. Reber’s resignation and the appointment of Dr. Davis asActing President.
Dr. Saunders seconded the motion and it carried on a unanimous voice vote.
Resolution 2018‐005
Ms. Woods‐Short moved to approve Resolution 2018‐005 accepting with great regrets the resignation of Christopher M. Reber as President of the College effective June 30, 2018. Mr. Gelb seconded the motion and it carried on a unanimous roll call vote.
Resolution 2018‐006
Mr. Kochanowski moved to approve Resolution 2018‐006 appointing Dr. Roger W. Davis to the position of Acting President with the full responsibilities of the position of President set forth in Community College of Beaver County Policy Number 1.02.007 fully effective on May 21, 2018. Ms. Woods‐Short seconded the motion and it carried on a unanimous roll call vote.
Motion to Approve Paid Vacation for Dr. Christopher M. Reber
Ms. Johnson moved to approve paid vacation for Christopher M. Reber from May 21, 2018 through June 30, 2018 with the expectation that Dr. Reber will remain available to assist Dr. Davis as may be necessary in the transition of Dr. Reber’s resignation and the appointment of Dr. Davis as Acting President. Mr. Retsch seconded the motion and it carried on a unanimous roll call vote.
Dr. Postupac excused himself from the meeting and requested that Ms. Johnson chair the remainder of the meeting.
Report of the President
Dr. Reber thanked the Board of Trustees and the CCBC community for allowing him to be a part of the remarkable development of the College and for the opportunity to support its students and the community. Dr. Reber begins his new role as President at Hudson County Community College in Hudson County, New Jersey on July 1, 2018.
9.1
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Student, Faculty and Staff Celebrations
The academic year ended with a series of spectacular celebrations attended by students, faculty, staff, families, friends, alumni, and community partners and leaders. Events included the second annual CCBC Night of Excellence celebrating student academic, leadership, athletic and service accomplishments; the second annual Employee Recognition Celebration; the Faculty Tenure, Promotion and Retirement “Celebrating Faculty Excellence” event; the second annual combined Health Professions Pinning Ceremony; the 49th annual Commencement; the third annual CCBC High School Student Celebration; and, this Saturday the College will celebrate the success of our Police Academy cadets at the annual Police Academy Graduation.
All of these events remind us of the reason we are involved in CCBC and postsecondary education. This College offers life‐changing, transformational opportunities that impact not only our students, but their family members, friends, and the entire community. All of these events were well planned and beautifully executed, which in and of itself takes a village, so to speak. Dr. Reber commended the entire CCBC community for making these celebrations possible.
2018‐19 Budget
A recommended 2018‐19 budget has been provided for the Trustees’ consideration. Since just before the April Board meeting when the Board discussed and approved tuition and fee increases, the administration has had the opportunity to review and discuss the recommended budget with members of the Operations and Risk Management Committee, Executive Committee, and Board, Employee and Community Development Committee. Dr. Reber thanked Glenn Natali and his staff, and the entire College community for months of planning that has resulted in a proposed budget that is realistic, based upon conservative assumptions, limits tuition and fee increases to 1.5% for the second consecutive year, continues to fund the college reserve and capital reserve, and is balanced.
New Student Representative to the Board of Trustees
CCBC Student Nicholas Petrelli has been selected to serve as the 2018‐19 Student Representative to the Board of Trustees. Nick is a non‐traditional student, who plans to attend Penn State with a dual major in Business Management and Information Science and Technology after finishing his CCBC degree next year. He will attend the June Board meeting.
Riv‐Ell Entrepreneurship Program Partnership with BC3
On Thursday, May 17 CCBC will participate in a news conference to announce our entrepreneurship program partnership with Butler County Community College. The program will involve seniors at Lincoln and Riverside High Schools and is supported by the Ellwood City Area Chamber of Commerce and Ellwood City businesses.
CCBC and BC3 faculty will instruct the high school seniors in financial literacy, psychology, entrepreneurship, marketing, public speaking and business plan development, with Friday afternoon field trips that will provide students opportunities to network with and gain insight from successful Ellwood City business leaders.
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Thanks to generous grant support, students will participate in the program tuition‐free. Students who successfully complete the 16‐credit program will earn a Workforce Certificate in Entrepreneurship, and all credits will articulate to CCBC, BC3 or other institutions.
Summer Concert Series
CCBC is pleased to be partnering with the Beaver Valley Musicians Association to host a new outdoor summer concert series in the renovated courtyard. The series will feature three summer concerts, including the Monaca Cornet Band on Thursday, June 21; the Beaver County Symphonic Wind Ensemble on Thursday, July 19, and the Swingin’ Bopcat Big Band on Thursday, August 16. All concerts will begin at 7:00 p.m. Beaver County will cover half of the cost related to offering these concerts, which will be free and open to the public. Thank you to Leslie Tennant for coordinating the series.
Grant Submission to Appalachian Regional Commission
Recently Kolt Codner, John Goberish, TEAM Consortium Director Betsy McIntyre and Glenn Natali completed and submitted a nearly $600,000 grant request to the Appalachian Regional Commission (ARC). The three‐year project would have a monumental impact on CCBC’s collaborative work with TEAM Consortium partners to align curricula and advance partnerships across the 27‐county, tri‐state region. The grant follows several years of work with over 50 regional partners in addition to ARC and several other national partners. In addition to the ARC request, the project includes a matching commitment of at least $139,000 from the Claude Worthington Benedum Foundation, and a $98,000 commitment from Chevron.
Further, eight partner colleges and universities have committed a collective $478,000 of in‐kind support for the initiative. This is a $1.5 million, three‐year collaborative project. Dr. Reber thanked Kolt, John, Betsy, Glenn and their colleagues for their effort to develop and submit this very significant funding request.
Summer Projects
Many staff members are very busy preparing for and supporting the upcoming phase 1 expansion of CCBC’s Process Technology Lab, the renovation of the Learning Resources Center, and the continuing redevelopment of the college’s website.
Faculty Presentation
Dr. John Higgs introduced Carl Dennis, Assistant Professor of Computer Forensics, and Kristi Farrow, Part‐Time Computer Information Systems and Technology Faculty. Mr. Dennis and Ms. Farrow provided an overview of a new learning initiative in the School of Business, Arts, Sciences and Technology – The National Cyber League, which provides students with the opportunity to enhance their learning about cyber defense using an online competition environment.
Report of the Executive Committee
The minutes from the May 1, 2018 Executive Committee meeting were included in the agenda packet.
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Mr. Retsch moved to approve the College’s budget for Fiscal Year 2018‐19 as included in the agenda packet. Mr. Gelb seconded the motion and it carried on a unanimous voice vote.
Consent Agenda
Ms. Woods‐Short moved to approve the following consent agenda items:
8.1 Approval of Meeting Minutes from the April 17, 2018 Regular Meeting.
8.2 Approval to extend the lease agreement with Private Industry Council of Westmoreland/Fayette, Inc. for one month through June 30, 2018.
8.3 Approval of payment to Equipment and Controls, Inc. in the amount of $247,987.92 for the purchase of equipment for the Process Technology Laboratory Renovation.
8.4 Approval of payment to the Pennsylvania Commission for Community Colleges in the amount of $36,909 for 2018‐19 dues and fees.
8.5 Approval of payment to MS Consultants in the amount of $18,000 for work completed on the Process Technology Laboratory Renovation through the period ending March 17, 2018.
8.6 Approval to purchase new equipment in the amount of $25,027.38 from Connection Public Sector Solutions to replace aging and broken classroom and conference room projectors and podium equipment.
8.7 Approval to write‐off $70,531 in non‐reimbursable expenses from the 2015 Redevelopment Assistance Capital Program (RACP) Grant that was used to fund renovations at the Aviation Sciences Center.
8.8 Approval for the College to engage in contract negotiations, under guidance from the College’s Solicitor, with the following flight vendors in order to provide additional services and meet the needs of current and future students at the Aviation Sciences Center:
• Moore Aviation, Inc.• ACES Aviation• High Flight Academy• Ravotti Air, LLC• Pittsburgh Flight Training Center• AirQuest Aviation
Dr. Saunders seconded the motion and it carried on a unanimous roll call vote.
Operations and Risk Management Committee
Mr. Glenn Natali reported on Finance, Operations, and Information Technology.
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Student Success Committee
Dr. Roger Davis reported on Academic Affairs.
Ms. Jan Kaminski reported on Student Affairs and Enrollment.
Board, Employee and Community Development Committee
The minutes from the May 4, 2018 Board, Employee and Community Development Committee meeting were included in the agenda packet.
Mr. Gelb moved to reopen bidding for the Learning Resources Center renovation. Mr. Palombo seconded the motion and it carried on a unanimous voice vote.
On behalf of the Board, Employee and Community Development Committee, Mr. Kochanowski presented the recommended slate of officers for 2018‐19. Action will be taken at the June 19, 2018 Regular meeting. The recommended slate follows:
Chair: Robert Postupac
Vice‐Chair: Pamela Johnson
Secretary: John Kochanowski
Treasurer: Stephen Robinson
Ms. Sally Mercer reported on Human Resources.
Ms. Leslie Tennant reported on Public Relations and Marketing.
Mr. Kolton Codner reported on Advancement and Sponsored Programs.
New Business
The Trustees plan to conduct a retreat during the summer months. Ms. Johnson requested that Ms. Condron work with the Trustees to identify a date for the retreat.
Adjournment
The Board adjourned on a motion from Mr. Retsch and a second from Ms. Woods‐Short.
The next regular, public meeting will be held on Tuesday, June 19, 2018 at 6:00 p.m. in the Community Education Center Boardroom.
Chair Secretary Date
Respectfully Submitted,
Leanne Condron Assistant to the President and Board of Trustees/Office Manager
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1
Expiring Renewal7/1/2017 - 2018 7/1/2018 - 2019Liberty Mutual Liberty Mutual
Property $35,075 $34,221 Equipment Breakdown Included Above Included AboveInland Marine $5,264 $5,264Crime $1,718 $1,816General Liability $45,265 $46,679 Employee Benefits Liability Included Above Included AboveSchool Leaders Errors & Omissions Liability Included in GL Included in GL Employment Related Practices Liability Included Above Included AboveAutomobile $11,180 $11,912Umbrella $17,607 $19,015Excess Umbrella $2,020 $2,020Terrorism $3,970 $4,039GENERAL LIABILITY SUBTOTAL: $122,099 $124,966Workers Compensation $78,641 $72,484Cyber Liability $7,484 $7,484Non-Owned Aircraft Liability $28,125 $28,125Airport Premises Legal Liablity (Yorke) $32,175 $33,784ADDITIONAL COVERAGE SUBTOTAL: $146,425 $141,877
Total 2018-19 Premium $268,524 $266,843
Package Premium Comparison Summary Premium Deviation Percentage Deviation Proposal Deviation from Expiring Term: -$1,681 -0.63%
Community College of Beaver County2018-19 Insurance Renewal Coverage Analysis and Comparison
Prepared May 30, 2018 by Roger Janes (First National) and Brian Yorke (Yorke)
9.2
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Collection Agencies - Accounts Receivable Analysis
Semester Est. Uncoll. ReserveAcademic Year Fall Spring Summer Total Percentage Estimate
2008-2009 - - - - 100% - 2009-2010 - - - - 100% - 2010-2011 1,561 450 - 2,011 100% 2,011 2011-2012 22,351 26,709 7,802 56,862 40% 22,745 2012-2013 39,673 29,216 11,300 80,189 35% 28,066 2013-2014 34,119 36,197 6,251 76,567 25% 19,142 2014-2015 36,103 18,782 6,083 60,969 20% 12,194 2015-2016 46,118 40,426 4,215 90,759 10% 9,076 2016-2017 43,083 46,710 17,621 107,414 5% 5,371 2017-2018 56,611 98,914 - 155,525 0% -
Total 279,619$ 297,403$ 53,273$ 630,295$ 98,604$
Total Reserve Needed 98,604$
Current Balance in Bad Debt Reserve 72,020$
Additional Reserve Accrual Required 26,584$ Recommended Increase in Reserve 26,584$
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COMMUNITY COLLEGE OF BEAVER COUNTY BLANKET PURCHASE ORDERS2018-19 FISCAL YEAR
Category VENDOR NAME 2017-2018 Approved Blankets 2018-2019 DescriptionAviation ACES 100,000$ 270,000$ Aircraft RentalsAviation Kongsberg Gallium LTD 28,500$ 28,500$ Annual MaintenanceAviation Moore Aviation Inc 1,200,000$ 1,500,000$ Aircraft RentalsAviation Pittsburgh Flight Training Center New 200,000$ Aircraft RentalsAviation Ravotti New 200,000$ Aircraft RentalsAviation Theiss Aviation 30,000$ 30,000$ UAV Aviation Beaver County Airport 50,000$ -$ Airport lease approved separately College Operating Contracts First National Bank Not included in blanket request last year 30,923$ Redbird Simulator PaymentCollege Operating Contracts Barnes and Noble 1,000,000$ 1,000,000$ Student Bookstore ChargesCollege Operating Contracts The Medical Center of Beaver (Heritage Valley Beaver) 166,000$ 200,000$ Radiology Technology FacultyCollege Operating Contracts U.S. Security Associates 125,000$ 119,309$ SecurityCollege Operating Contracts Xerox 200,000$ 200,000$ Copier LeaseCollege Operating Contracts Finch, Kathi 20,000$ 25,000$ Workforce instructorCollege Operating Contracts Magone, Laura 20,000$ -$ ConEd Instructor. Contract not renewedCollege Operating Contracts Damian Amato & Start, PC 35,000$ 55,000$ Legal and Negotiation ServicesFacilities, Maintenance, and Utilities Center Twp Water & Sewage 25,000$ 20,000$ Water & SewageFacilities, Maintenance, and Utilities Direct Energy 25,000$ 25,000$ Natural gas Main CampusFacilities, Maintenance, and Utilities Duquesne Light Company 650,000$ 565,000$ Electricity Main CampusFacilities, Maintenance, and Utilities Penn Power 45,000$ 44,000$ Electricity at ASCFacilities, Maintenance, and Utilities Peoples 20,000$ 36,000$ Natural GasFacilities, Maintenance, and Utilities Renick Brother/Reno Brothers 50,000$ 25,000$ HVACHealth/Medical Benefits ACSHIC 2,122,365$ 2,164,815$ Health BenefitsHealth/Medical Benefits Met Life 68,228$ 90,000$ Long Term & Short Term DisabilityHealth/Medical Benefits PA Unemployment Compensation Fund 72,000$ 75,000$ Unemployment CompensationHealth/Medical Benefits Public School Employee Retirement System 265,000$ 280,000$ Retirement Contributions-Employer ShareIT Licenses and Agreements Blackboard Collaborate & LMS 78,500$ 83,000$ On line Course SystemIT Licenses and Agreements College Board 25,000$ 25,000$ Power faidsIT Licenses and Agreements E B S C O 34,278$ 35,500$ On Line Library DatabasesIT Licenses and Agreements First National Bank 120,000$ 120,000$ Computer Lease PaymentIT Licenses and Agreements Gatlin 60,000$ 40,000$ On-line instructionIT Licenses and Agreements Jenzabar 169,000$ 168,684$ Software Maintenace & ConsultingIT Licenses and Agreements JourneyEd Not included in blanket request last year 20,000$ Adobe Creative Cloud & VmwareIT Licenses and Agreements Kinber 20,000$ 25,000$ Advantage Service Bundle & Managed RouterIT Licenses and Agreements Microsoft Campus Agreement 36,000$ 36,000$ Microsoft Campus AgreementIT Licenses and Agreements Paetec (Windstream) 24,000$ 24,000$ TelephoneIT Licenses and Agreements PM Graphics 20,000$ 30,000$ Tabloid printingIT Licenses and Agreements ProCare Not included in blanket request last year 30,664$ Switches & IPTIT Licenses and Agreements Service Express 26,000$ 22,100$ Server maintenenceIT Licenses and Agreements Sunesys 24,000$ 24,000$ Fiber LeaseIT Licenses and Agreements Visual Schedule Builder New 22,000$ Visual Schedule BuilderIT Licenses and Agreements All Lines/Lantec (formerly ePlus) 43,633$ 40,000$ Telephone maintenance.Marketing Beaver County Times 20,000$ 20,000$ Newspaper advertisingMarketing Lamar 30,000$ 30,000$ Billboard AdvertisingMarketing Pandora 20,000$ 20,000$ Digital radio advertisingMarketing Professional Graphics Communications Inc 30,000$ 40,000$ Direct Mail & Promo ItemsMarketing RIF Digital New 60,000$ Website Development & MaintenanceMarketing Ryno 20,000$ 25,000$ Video ProductionTotal 7,117,504$ 8,124,495$
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TABLE OF CONTENTS
Page Number
TABLE OF CONTENTS .............................................................................................................. i
1. DEFINITIONS. ................................................................................................................. 2
2. LEASED PREMISE ......................................................................................................... 3
2.1 Land ......................................................................................................................... 3
2.2 Ingress and Egress .................................................................................................. 4
3. TERM................................................................................................................................. 4
4. NON-RECOURSE CLAUSE ........................................................................................... 4
5. PAYMENTS DUE FOR BASE RENT ............................................................................ 4
5.1 Base Rent ................................................................................................................. 4
6. PAYMENT DUE DATES/LATE PAYMENT PENALTIES ........................................ 5
6.1 Base Rent ................................................................................................................. 5
6.2 Other assessed charges ........................................................................................... 5
7. USE AND OCCUPANCY OF LEASED PREMISES: .................................................. 6
7.1 Use of Premise ......................................................................................................... 6
7.2 Parking: ................................................................................................................... 6
7.3 Compliance with Laws ........................................................................................... 6
7.4 Hazardous Substances ........................................................................................... 6
8. MAINTENANCE .............................................................................................................. 7
8.1 CCBC’s Maintenance ............................................................................................. 7
8.2 Authority Maintenance .......................................................................................... 8
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9. ALTERATIONS AND ADDITIONS TO THE LEASED PREMISES ....................... 8
9.1 Alterations and Additions ...................................................................................... 8
10. NO LIENS ......................................................................................................................... 8
11. QUIET ENJOYMENT OF PREMISES ......................................................................... 8
12. INSPECTION OF PREMISES ........................................................................................ 9
13. UTILITIES AND SERVICES ......................................................................................... 9
13.1 Utilities ..................................................................................................................... 9
13.2 Interruption of Service ........................................................................................... 9
14. GENERAL COVENANTS OF CCBC .......................................................................... 10
15. LEASEHOLD ESTATE SUBORDINATION ............................................................. 12
16. SECURITY AND SAFETY ........................................................................................... 14
17. INDEMNITY BY CCBC ................................................................................................ 14
18. REMEDIES IN EVENT OF DEFAULT ...................................................................... 15
18.1. CONFESSION FOR MONEY ............................................................................ 15
18.2 CONFESSION FOR POSSESSION ................................................................... 15
19. TERMINATION BY AUTHORITY ............................................................................. 16
19.4 Right of Reentry ................................................................................................... 18
20. NONWAIVER BY THE AUTHORITY ....................................................................... 18
21. ASSIGNABILITY BY CCBC ........................................................................................ 18
22. LABOR ............................................................................................................................ 18
23. CCBC INDEPENDENT CONTRACTOR ................................................................... 19
24. SURRENDER OF PREMISE ........................................................................................ 19
25. NO PERSONAL LIABILITY ........................................................................................ 19
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26. REPRESENTATIONS, WARRANTIES ...................................................................... 19
27. CONFLICT OF INTEREST BY AUTHORITY OFFICER ...................................... 20
28. SUBORDINATION ........................................................................................................ 20
29. NATIONAL EMERGENCY .......................................................................................... 20
30. MASTER PLAN .............................................................................................................. 20
31. FORCE MAJEURE ........................................................................................................ 21
32. PATENTS, TRADEMARKS, AND COPYRIGHTED PRODUCTS ........................ 21
33. INTERPRETATION ...................................................................................................... 21
33.1 In General ............................................................................................................. 21
33.2 Law Governing Interpretation ............................................................................ 22
33.3 Gender and Number............................................................................................. 22
34. DAMAGE TO OR DESTRUCTION OF LEASED PREMISE ................................. 22
35. INTERRUPTION IN PERFORMANCE ...................................................................... 23
36. INSURANCE ................................................................................................................... 23
37. CONDEMNATION OF LEASED PREMISE .............................................................. 25
38. GOVERNMENTAL COMPLIANCE ........................................................................... 27
39. CIVIL RIGHTS .............................................................................................................. 27
39.4 Solicitations for Subcontracts, Including Procurement of Materials and
Equipment ............................................................................................................. 28
39.5 Information and Reports ..................................................................................... 29
39.5 Sanctions for Noncompliance .............................................................................. 29
40. AVIGATIONAL EASEMENT ...................................................................................... 29
41. ENTIRE AGREEMENT ................................................................................................ 30
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42. SEVERABILITY ............................................................................................................ 30
43. NOTICES ........................................................................................................................ 30
44. AUTHORITY AUTHORIZATION .............................................................................. 31
EXHIBIT “A” ............................................................................................................................. 32
EXHIBIT “B” .............................................................................................................................. 33
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CCBC SCIENCE CENTER LAND LEASE AGREEMENT
THIS AGREEMENT entered into this ______ day of ________________ 2014, by and
between the Beaver County Airport Authority, a body corporate and politic (herein after referred
to as “Authority”), duly organized, established and validly existing pursuant to the Municipality
Authorities Act, 53 Pa. C.S.A. 5601, et. seq. (the “Act”) with its principle place of business
located at 15 Piper Street, Beaver Falls, PA 15010 (herein after referred to as “Authority”)
AND
COMMUNITY COLLEGE OF BEAVER COUNTY, a community college organized and
operating under and by virtue of the laws of the Commonwealth of Pennsylvania, (hereinafter called
“CCBC”) with a principle place of business located at Community College of Beaver County,
College Drive, Monaca, Pennsylvania 15061.
WITNESSETH
WHEREAS, Authority is a body corporate and politic duly organized, established and
validly existing pursuant to the Municipality Authorities Act, 53 Pa. C.S.A. 5601, et. seq. (the
“Act”); and
WHEREAS, the County of Beaver leased the real property and improvements thereon
comprising the Beaver County Airport and transferred the overall management, operation and
responsibility for said Airport and all other aviation related activities to the Beaver County
Airport Authority (Authority) under the terms and conditions set forth in the Airport Operation,
Management and Transfer Agreement and Lease between Beaver County and the Beaver County
Airport Authority (the “Airport Agreement”); and
WHEREAS, pursuant to the Airport Agreement, the Authority as part of its overall
management, operation and responsibility for the Beaver County Airport has full authority to
enter into lease agreements for the real property at the Airport; and
WHEREAS, Authority has determined that certain of its property may be developed for
aviation training; and
WHEREAS, CCBC has constructed an educational facility utilized for but not limited to
aviation training along with other ancillary facilities (hereinafter referred to as “Facility “) on
Airport property located at the Beaver County Airport, Beaver County, PA; and
WHEREAS, Authority desires to lease certain real property as more specifically described
in Exhibits “A” and “B” hereto, to CCBC for the purpose of providing a site for CCBC to conduct
its aviation training program and upon which the CCBC Facility is constructed along with limited
other surrounding property for CCBC's use under the terms and conditions contained herein this
lease agreement (hereinafter referred to as the "Agreement"); and
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WHEREAS, CCBC desires to lease from the Authority those certain areas of real
property upon which it has constructed its educational and ancillary facilities from the Authority
under the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions,
privileges, and obligations herein set forth, incorporating the above Whereas clauses herein, and
intending themselves to be legally bound hereby, the Authority and CCBC mutually agree as
follows:
1. DEFINITIONS.
Unless otherwise specifically indicated in this Agreement, the following words and
phases shall be defined as follows:
1.1. “Airport” shall mean the Beaver County Airport, Chippewa Township, Beaver
County, Pennsylvania.
1.2. “County of Beaver”, “County Commissioners”, and “County” shall include such
public officials and public bodies as may, by operation of law, succeed to any or all of the rights,
powers, or duties which as of the execution date of this Agreement, lawfully resided in the Board
of County Commissioners of Beaver County, Pennsylvania.
1.3. “Beaver County Airport Authority” or the “Authority”, a body corporate and
politic (herein after referred to as “Authority”), duly organized, established and validly existing
pursuant to the Municipality Authorities Act, 53 Pa. C.S.A. 5601, et. seq (the “Act”) with its
principle place of business located at 15 Piper Street, Beaver Falls, PA
1.4. “Community College of Beaver County" or "CCBC”, an educational institution
duly organized, established and validly existing under the laws of the Commonwealth of
Pennsylvania having a principal office and place of business located at Community College of
Beaver County, College Drive, Monaca, Pennsylvania 15061.
1.5. “Director” shall mean the Director or Acting Director of the Beaver County
Airport as from time to time appointed by the Beaver County Airport Authority and shall include
such person or persons as may from time to time be authorized in writing by the Board of the
Beaver County Airport Authority or by the Director to act for him with respect to any or all
matters pertaining to this Agreement.
1.6. “Facility" shall mean the building constructed and owned by CCBC situated upon
real property owned by Beaver County, controlled and operated by the Beaver County Airport
Authority and leased to CCBC under the terms and conditions of this Agreement, located at the
Beaver County Airport.
1.7. “Contract Year” shall mean the individual and successive twelve-month periods
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commencing as of July 1, 2014 and ending June 30 and each subsequent twelve (12) month
period these dates thereafter for the term of this Agreement ending June 30, 2019.
1.8. “Leased Premises” shall mean those certain areas of real property reflected on
Exhibits "A" and "B" of this Agreement, owned by the County, controlled and operated by the
Authority at the Airport and leased to CCBC hereunder, and upon which CCBC has constructed
its Facility and operates its aviation related educational program.
1.9. “Commencement Date” shall mean July 1, 2014.
1.10. “Expiration Date” shall mean June 30, 2019.
1.11. “Base Rent” shall mean the amount of annual rent due to Authority from CCBC
for the use of the Leased Premises and as more fully described by amount herein.
1.12. “Impositions” shall mean all taxes, assessments, oil, gas, electric, cable, water
and sewer rates and all other governmental charges or levies now or hereafter assessed, levied,
confirmed, imposed or which become a lien upon, or which become payable in respect of, any
part of the Leased Premises during the Term of this Agreement.
1.13. “Hazardous Substances” shall mean asbestos, asbestos-containing materials,
polychlorinated biphenyls, mercury, lead, lead-based paint, chlorofluorocarbons, petroleum-
based products, petroleum byproducts, explosives and any substances regulated by the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.
section 9601 et seq., the Resources Conservation and Recovery Act, 42 U.S. S. section 6901 et
seq., or any other federal, state or local laws, rules, regulations or ordinances relating to the
regulation of toxic or hazardous materials or otherwise to the environment, all as the same may
have heretofore been or may hereafter be amended.
1.14. “FAA” shall mean the Federal Aviation Administration created under the Federal
Aviation Act of 1958, as amended, or any successor agency thereto.
1.15 "PennDOT" shall mean the Pennsylvania Department of Transportation, Bureau
of Aviation or any successor agency thereto.
2. LEASED PREMISE.
2.1 Land: Subject to the terms, covenants, conditions and provisions of this
Agreement, Authority hereby agrees to lease and demise to CCBC, and CCBC hereby agrees to
take and lease from Authority, the tract of land located at Cessna Drive, Chippewa Township,
Beaver County Airport, Beaver County, Pennsylvania, more particularly described on Exhibit
“A” attached hereto and incorporated herein as if set forth at length and made a part hereof for all
purposes for and during the Term and upon and subject to the terms, provisions and conditions
herein set forth.
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2.2 Ingress and Egress: CCBC shall have the non-exclusive right of ingress to and egress
from the Leased Premises for CCBC, its officers, employees, agents, servants, customers,
vendors, suppliers, patrons and invitees via Cessna Drive, a dedicated public right-of-way
serving the Leased Premises. CCBC subject to such statutes, ordinances, resolutions, rules,
regulations, and orders as may from time to time be enacted, established or adopted by the
Federal Aviation Administration, Pennsylvania Department of Transportation, the County
Airport or other governmental agency or authority, CCBC shall have the non-exclusive right of
ingress to and egress from the Leased Premises by means of existing access roadway and
taxiways of the Airport as may presently exist, for CCBC, its employees, subtenants, agents,
passengers, guests, patrons, invitees, contractors, subcontractors, its or their suppliers of material
and providers of service, its or their aircraft, equipment, vehicles, machinery, and other property.
CCBC shall not interfere with the rights and privileges of other persons or firms using the
Airport and shall be subject to such weight and type use restrictions as the law or the Authority
deems necessary. The right of ingress and egress, as set forth in this Paragraph is limited to
ingress and egress by means of ground approaches, and does not include the flight of aircraft to
and from the Airport, such flights being regulated and provided for elsewhere. Additionally the
right to ingress and egress is specifically and absolutely subject to any and all present and future
Authority ordinances or agreements.
3. TERM.
3.1 The term of this Agreement shall begin upon the Commencement Date (July 1,
2014) as defined herein and end on the Expiration Date (June 30, 2019) as herein defined unless
terminated earlier or extended pursuant to the terms of the Agreement (the "Term").
4. NON-RECOURSE CLAUSE:
4.1 Authority’s obligations hereunder shall be binding upon Authority only for the
period of time that Authority is in control of the Leased Premises; and, upon termination of its
authority and control, CCBC, except as to any obligations which have then matured, shall look
solely to Authority’s successor in interest in the Leased Premises for the satisfaction of each and
every obligation of Authority hereunder. Authority shall have no personal liability under any of
the terms, conditions or covenants of this Agreement and CCBC shall look solely to the equity of
the Authority in the Leased Premises for the satisfaction of any claim, remedy or cause of action
accruing to CCBC as a result of the breach of any action of this Agreement by Authority.
5. PAYMENTS DUE FOR BASE RENT:
5.1 Base Rent: In consideration of this Leased Premises herein described, CCBC
agrees to pay the Authority and Authority agrees to accept the Base Rental payments as described
and specified as follows:
Fifty thousand dollars and 00/100 Dollars ($50,000.00) per annum due upon the
Commencement Date and each anniversary of the Commencement Date for each subsequent year
thereafter of the Term as defined herein.
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6. PAYMENT DUE DATES/LATE PAYMENT PENALTIES
6.1 Base Rent: Rental payment for use of the Leased Premises shall be due and
payable annually on the Commencement Date (July 1) each Lease Year. Lease Year shall mean
each successive twelve (12) calendar months during the Term, ending on the same day and
month (but not year, except in the case of the last Lease Year) as the day and month on which the
Expiration Date will occur.
Rental payment for use of the Leased Premises shall be a total of fifty thousand dollars
($50,000.00.00) paid annually in addition to all assessed water and sewage charges as invoiced
on a month to month basis as determined by the Authority. Rental payment shall be paid
annually in advance after invoicing, without further demand and without setoff on or before the
first (1rst) day of July, 2014, and every year thereafter for the term of this Agreement and/or any
extension thereof, at the office of the Beaver County Airport Manager, # 15 Piper Street, Beaver
Falls, Pennsylvania 15010, or such other place or as the Authority may designate in writing. If
CCBC shall fail to make payment by the fifth (5th
) day of July, then CCBC shall pay to Authority
pursuant to invoices from Authority, and in addition to all other payments to be made by CCBC
to Authority, a late fee charge calculated at the rate of five percent (5%) of the amount so due if it
is the first time in any calendar year that Rent has been paid after the aforesaid five (5) day
period, and ten percent (10%) of the amount so due for each time thereafter, which amount the
parties agree is a reasonable charge for the additional administrative costs required of Authority
by reason of such late payment in addition to reasonable attorney’s fees and any costs incurred by
Authority in attempting to obtain payment; provided that the Authority may, in its discretion,
waive the service charge in any given instance. Any payment made on an arrearage will be
credited first to interest penalties due, late payment fees and thereafter the balance will be
credited to overdue rent.
6.2 Other assessed charges: All assessed water and sewage charges shall be
invoiced monthly by the Authority and sent to CCBC for payment thereof. All assessed water
and sewage charges shall be paid monthly after invoicing, without further demand and without
setoff on or before the first (1rst) day of every month, at the office of the Beaver County Airport
Manager, # 15 Piper Street, Beaver Falls, Pennsylvania 15010, or such other place or as the
Authority may designate in writing. If CCBC shall fail to make payment by the fifth (5th
) day of
each month, then CCBC shall pay to Authority pursuant to invoices from Authority, and in
addition to all other payments to be made by CCBC to Authority, a late fee charge calculated at
the rate of five percent (5%) of the amount so due if it is the first time in any calendar year that
Rent has been paid after the aforesaid five (5) day period, and ten percent (10%) of the amount
so due for each time thereafter, which amount the parties agree is a reasonable charge for the
additional administrative costs required of Authority by reason of such late payment in addition
to reasonable attorney’s fees and any costs incurred by Authority in attempting to obtain
payment; provided that the Authority may, in its discretion, waive the service charge in any given
instance. Any payment made on an arrearage will be credited first to interest penalties due, late
payment fees and thereafter the balance will be credited to overdue principal balance.
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In the event that CCBC installs separate meters, lines etc. for the monitoring of
charges/fees for utilities, water and sewage etc. and does pay for these services directly to the
respective providers without cost or charge to the Authority whatsoever than Authority shall not
assess CCBC for such costs. In the event that CCBC does pay directly to the providers of
services than Authority shall have the right to require proof of any payment for such services and
CCBC agrees to timely provide same upon demand of Authority.
7. USE AND OCCUPANCY OF LEASED PREMISES:
7.1 Use of Premises: Subject to the terms and conditions hereof, CCBC and in
accordance with the Beaver County Airport Minimum Standards and amendments thereto which
are in effect during the term of this Agreement or any extension thereof and for no other
purposes, unless expressly authorized in writing by the Authority, its successors or assigns (as
permitted hereunder), may use and occupy the Leased Premises only for the purpose of operating
an aviation training and aviation related educational facility or similar business use.
If from time to time as the need arises and after appropriate notice and receipt of prior
written approval of the Authority if CCBC uses the Facility for other educational purposes CCBC
agrees that in no event shall any educational program, training, instruction or activity take place
at the Airport which would conflict, impede, interfere or create a nuisance to the operation and
function of the Airport.
7.2 Parking: CCBC Parking shall be utilized for parking of vehicles and shall be
available as described herein.
7.3 Compliance with Laws: CCBC shall comply, at its sole cost and expense, with
all present and future federal, state, local laws, regulations, codes, orders and ordinances
governing CCBC’s use and operation on the Leased Premises.
7.4 Hazardous Substances: CCBC represents and covenants to Authority that it
shall not and shall cause all of its subtenants and its or their respective, contractors,
subcontractors, licensees and invitees, and all agents an employees of any of the foregoing not to
store, produce or permit any “Hazardous Substances” on or about the Leased Premises or other
property of Authority. “Hazardous Substances” shall mean asbestos, asbestos-containing
materials, polychlorinated biphenyls, mercury, lead, lead-based paint, chlorofluorocarbons,
petroleum-based products, petroleum byproducts, explosives and any substances regulated by the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.
section 9601 et seq., the Resources Conservation and Recovery Act, 42 U.S. S. section 6901 et
seq., or any other federal, state or local laws, rules, regulations or ordinances relating to the
regulation of toxic or hazardous materials or otherwise to the environment, all as the same may
have heretofore been or may hereafter be amended. CCBC shall indemnify, defend and hold
Authority harmless against and from any expense for the cost of clean-up or removal and from
any liability, damage, claim, cost or expense whatsoever, including attorneys’ fees resulting from
Hazardous Substances or the use, disposal, disposition, spillage or transport thereof by CCBC or
any of its subtenants, or any of its or their respective contractors, subcontractors, licensees or
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invitees, or any agents or employees of any of the foregoing.
CCBC shall not conduct operations in or on the Leased Premises in a manner that in the
reasonable judgment of the Authority: (i) interferes or might interfere with the reasonable use by
others of common facilities at the Airport, (ii) hinders or might hinder police, fire fighting or
other emergency personnel in the discharge of their duties, (iii) would or would be likely to
constitute a hazardous condition at the Airport, (iv) would or would be likely to increase the
premiums for insurance policies maintained by the Authority unless such operations are not
otherwise prohibited hereunder and CCBC pays the increase in insurance premiums occasioned
by such operations, or (v) would involve any illegal purposes.
8. MAINTENANCE:
8.1 CCBC’s Maintenance: (a) CCBC covenants and agrees that
throughout the term of this Agreement, including any extension or renewal hereof, CCBC will, at
its sole cost and expense, shall keep the Leased Premises in a clean, neat, and orderly condition
and that CCBC will not do or suffer any waste with respect thereto. CCBC further covenants and
agrees that CCBC shall, at its own cost and expense, perform all necessary maintenance within
the Leased Premises and Facility, parking areas, sidewalks, including but not limited to
preventive maintenance, landscaping, mowing of grass in the immediate area of the Facility, and
make all necessary repairs thereto, interior and exterior, structural and nonstructural, ordinary and
extraordinary, foreseen and unforeseen, including but not limited to renewal, replacement and
redecoration of the improvements as constructed. CCBC also warrants that all repairs to the
Leased Premises shall be at least equal in quality and class to the original work. CCBC shall, in
all other respects, take the same good care of the Leased Premises as constructed as would be
taken by a prudent owner who desires to keep and maintain said improvements so that, at the
cessation of the letting thereof, the said Leased Premises will be in a state of good condition and
repair, except for reasonable wear and tear since the last necessary repair, replacement, or
renewal made by CCBC pursuant to CCBC’s obligations hereunder. Authority shall have no
obligation whatsoever with respect to maintenance, replacement, or repair of the improvements
as located within the Leased Premises or any part thereof, except that Authority will maintain the
student parking lot and mow the grass in the open areas not immediately adjacent to the Facility.
In the event that CCBC refuses or neglects to make the repairs specified in this Paragraph or if
Authority is required to make any repairs necessitated by the negligent acts or omissions of
CCBC, its employees, agents, servants, or licensees, Authority shall have the right, but shall not
the obligation to make such repairs on behalf of CCBC. In the event that Authority shall make
such repairs, such work shall be paid for by CCBC. For purposes of this Agreement, the cost of
Authority to provide services billed to CCBC shall include all direct and indirect costs of
Authority, including but not limited to all fringe, burden, and overhead rates, in addition to direct
labor costs, direct reimbursable costs, and the expense of tools and equipment. Nothing herein
contained shall prevent Authority from determining that the failure of CCBC to comply with the
terms of this Paragraph constitutes a material breach of this Agreement permitting Authority at
its option to terminate this Agreement as herein provided.
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(b) Except as specifically provided herein, Authority shall not be required to furnish any
services or facilities to, nor make any repairs to or replacements or alterations of the Leased
Premises. CCBC shall also be responsible for any maintenance, repairs and replacements
necessitated by any misuse of any portion of the Leased Premises by CCBC or any of its
subtenants or any of its or their respective contractors, subcontractors, licensees, or invitees, or
any agents or employees of any of the foregoing.
8.2 Authority Maintenance. Subject to Authority’s other priorities and to the
availability of manpower and equipment, Authority and/or County of Beaver shall be responsible
for the removal of snow and ice from the roadways leading to the Leased Premises. CCBC shall
be responsible for the removal of snow and ice from the remainder of the Leased Premises,
including the parking areas adjacent to the Facility, all sidewalks and entrances and exits of the
Facility.
9. ALTERATIONS AND ADDITIONS TO THE LEASED PREMISES:
9.1 Alterations and Additions. (a) CCBC shall not add, modify or make any other
alterations or additions to the Leased Premises without the prior written consent of Authority,
which consent Authority shall not unreasonably withhold.
(b) CCBC shall cause all contractors performing any work with respect to the Leased
Premises to maintain contractor’s liability insurance in an amount typical for the industry and
said insurer shall name the Authority as an additional insured.
10. NO LIENS:
10.1 CCBC shall promptly pay all lawful claims made against the Authority and
discharge all liens filed or which exist against the Leased Premises or any other portion of the
Airport (other than the CCBC’s trade fixtures or trade equipment) to the extent such claims arise
out of or in connection with, whether directly or indirectly, the failure to make payment for work
done or materials provided by CCBC its contractors, subcontractors or materialmen within thirty
(30) days of filing such lien. The parties hereto shall give timely notice to the other of all such
claims and liens of which it becomes aware.
CCBC shall cause all contractors performing any work with respect to the Leased
Premises to maintain contractor’s liability insurance in an amount which the parties agree, with
an insurer that Authority shall approve and naming Authority as an additional insured.
11. QUIET ENJOYMENT OF PREMISES:
11.1 The Authority covenants that, if CCBC performs all obligations and makes all
payments as provided herein, CCBC shall, during the Term, peaceably have and enjoy the Leased
Premises and all the rights, licenses, privileges, appurtenances and facilities granted herein.
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12. INSPECTION OF PREMISES:
12.1 The Authority, through its duly authorized agents, shall have the right to enter the
Leased Premises with reasonable notice and consent of CCBC to investigate compliance with the
terms of this Agreement or to install, remove, adjust, repair, replace, or otherwise handle any
Authority equipment, utility lines, or any matter there in, on, or about the Facility and Leased
Premises, or to perform any other act or thing which the Authority may be obligated or have the
right to do under this or any other applicable Agreements. Nothing contained in this paragraph is
intended or shall be construed to limit any other rights of the Authority pursuant to this
Agreement. The Authority agrees that it will make ordinary inspections and undertake other non-
emergency activities only at reasonable times and upon reasonable advance notice to CCBC,
provided that nothing in this paragraph shall be construed to limit or diminish the Authority’s
right of entry to the Facility or Leased Premises at any time in an emergency. No abatement of
any payments by CCBC shall be claimed by or allowed by reason of the exercise of any of the
rights set forth in this paragraph or in any other provision of this Agreement
13. UTILITIES AND SERVICES:
13.1 Utilities. From and after the Commencement Date, CCBC shall pay or cause to
be paid all expenses including but not limited to the placement of separate meters, lines, poles
etc., charges or taxes for heat, water and sewer, gas, electricity, steam, light, telephone or any
other communication or utility service used in or rendered or supplied to the Leased Premises or
any part thereof (including all costs of maintenance repairs and replacements). Payment of
electricity, gas, water and sewage, telephone, cable and all other utilities ordered by CCBC shall
be paid directly to its service provider.
The Authority shall have no obligation to supply or cause to be supplied any utilities to or
for CCBC to the Leased Premises. Authority agrees not to unreasonably withhold permission to
let CCBC supply utilities and sewage to the Leased Premises.
Where CCBC’s consumption of a given utility cannot be separately invoiced, the
Authority shall invoice CCBC in an amount proportionate to the fraction of the metered area
occupied by CCBC as compared to the total area covered by said meter or according to such
other method as the Authority, from time to time deems to be fair and reasonable.
13.2 Interruption of Service. (a) Authority shall not be liable for any failure of or
irregularity in water supply, gas or electric current, sanitary or storm sewer, or any other utility
service, nor for any injury or damage to person or property for any reason whatsoever, including,
without limitation, that caused by or resulting from gasoline, oil, steam, gas, electricity, or
hurricane, tornado, flood, wind or similar storms or disturbances, or water, rain or snow or ice
which may leak or flow from the street, sewer, gas mains or any subsurface area or from any part
of the Improvements, or leakage of gasoline or oil from pipes, appliances, sewer or plumbing
works therein, or from any other place, nor for interference with light or other incorporeal
hereditaments by anybody, or caused by operations by or of any public or quasi-public work,
except for any willful affirmative act of negligence of Authority from and after the date hereof.
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(b) No interruption or curtailment of any service or maintenance, repair or replacement
in the Facillity or portions of the Leased Premises shall entitle CCBC to any claim against
Authority or to any abatement of Rent, nor shall the same constitute constructive or partial
eviction or disturbance of CCBC’s use and possession of the Leased Premises or rights under
this Agreement, nor shall Authority be liable to CCBC for consequential or other damages of any
kind or nature, in each case regardless of whether or not Authority shall have received notice of
the same and regardless of any negligence of Authority or any of its agents or contractors, except
those damages resulting from the gross negligence or malfeasance of the Authority, its agents or
contractors.
(c) Upon written request of the Authority, CCBC shall install any and all pipeline, cable,
separate meters or other necessary materials so as to provide the ability to distinguish the service
utilized by CCBC of any utility and sewage so that the appropriate and/or proportionate share for
charges therefore to the Facility and Leased Premises can be established. CCBC shall be responsible
for compliance with any and all rules, ordinance, regulation, law, code etc. applicable to such action
and required to obtain any and all permits, licenses etc. which are required for such purpose at
CCBC’s sole expense. Where CCBC’s consumption of a given utility is not separately metered, the
Authority shall invoice CCBC in an amount proportionate to the fraction of the metered area
occupied by CCBC as compared to the total area covered by said meter or according to such other
method as the Authority, from time to time deems to be fair and reasonable.
14. GENERAL COVENANTS OF CCBC:
14.1 In providing the facilities and performing the services as set forth in this
Agreement, and as required in this Agreement, CCBC shall:
(a) Make all payments timely, as required under any provision of this Agreement.
(b) Provide and install at the sole cost of CCBC any and all signs required for the
conduct of its business. The number, placement, size, type of construction, design and method of
installation of any sign shall be first approved by the Airport Manager in writing, and after
approval CCBC shall be solely responsible to maintain the sign in a safe, neat and attractive
condition for the term of this Agreement or any renewal thereof. All such signs shall be revised
regularly to reflect changes in the services or operations of CCBC.
(c) Furnish high quality, prompt and efficient service adequate to meet all reasonable
demands therefore at the Airport; and furnish services on a fair, equal and non-discriminatory
basis to all.
(d) Adopt policies to insure that CCBC’s personnel shall be neat, clean and courteous at
all times. Solicitation of business by CCBC at the Airport shall be confined to the area
designated in this Agreement as the Leased Premises described herein. CCBC shall prohibit and
restrain any agent, servant or employee from loud, noisy, boisterous, or otherwise objectionable
promotion of services offered. CCBC shall take all steps necessary to remedy any complaints by
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the Airport Manager concerning the conduct or appearance of any of its agents, servants or
employees.
(e) Be responsible, if applicable, for and promptly pay any taxes which may be assessed
by any taxing body governing the CCBC’s business, any portion thereof, any building,
equipment, land or improvement thereon relative to this Agreement.
(f) At the request of Authority, send a representative to any and all regular meetings of
the Authority in order to discuss problems and suggest courses of action that may from time to
time need addressed.
(g) Pay all fees, assessments, taxes or any other type of charge levied by any Federal,
State, local governmental bodies or any agency thereof insofar as any such fee, assessment or tax
is applicable to the operation of CCBC.
(h) Comply with all Beaver County Airport rules, regulations and Minimum Standards
for Tenants at the Airport, officially adopted by the Board of Beaver County Airport Authority.
(i) Refrain from constructing any building or structure on the Airport property and from
making any changes or alterations to any existing structures without prior written approval of the
Authority.
(j) Except as expressly provided for herein or by way of addendum, not keep or sell any
hop, ale, beer or intoxicating liquor of any kind within the Leased Premises.
(k) Refrain from charging any unfair, unreasonable or discriminatory price for any
merchandise, facility, or services offered hereunder.
(l) Accept and obey rules and regulations which the Airport Manager, may from time to
time, in his/her sole discretion, promulgate with respect to the assignment of parking spaces not
under this Agreement, for ground vehicles at the Airport and with respect to the movement of all
ground vehicles. CCBC may control through its regulations and rules those parking spaces
covered by this Agreement. To the extent that any rule and/or regulation adopted by CCBC for
such parking spaces should conflict in part or in whole with a Beaver County Airport rule and
regulation the Authority rule and/or regulation shall supersede the authority of the CCBC rule
and/or regulation.
(m) Use the area designated in this Agreement solely and exclusively for purposes of
education and training of aviation, in accordance with the terms and conditions granted herein
and in accordance with the Beaver County Airport Minimum Standards and amendments thereto
which are in effect during the term of this Agreement or any extension thereof and for no other
purposes, unless expressly authorized in writing by the Authority. If from time to time as the
need arises and after appropriate notice and receipt of prior written approval of the Authority if
CCBC uses the Facility for other educational purposes CCBC agrees that in no event shall any
educational program, training, instruction or activity take place at the Airport which would
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conflict, impede, interfere or create a nuisance to the operation and function of the Airport.
(n) At all times maintain the Facility so as not to commit any nuisance on the Airport or
to do or permit to be done any act which may result in the creation of a nuisance at the Airport.
(o) Not sublease the Leased Premises or any portion thereof without the express written
consent of Authority first had.
(p) Permit Authority the right to use the parking area commonly referred as the “student
parking lot” for its employees, subtenants, agents, passengers, guests, patrons, invitee,
contractors, subcontractors, its or their suppliers of material and providers of services without
any charge to the Authority or such persons. If said use by the Authority of the “student parking
lot” is required and impairs the function and/or use of the Facility or other portions of the Leased
Premises by CCBC the Authority shall serve CCBC written notice of same.
(q) Nothing herein is intended or shall be construed to obligate the Authority to
construct, maintain, repair, replace, alter, add to, or improve the Facility or Leased Premises or
any portion thereof or to impose upon Authority any liability for any failure to do so.
15. LEASEHOLD ESTATE SUBORDINATION:
15.1 CCBC shall not have the right to encumber the leasehold estate as created herein,
or any part thereof, by any mortgage, deed of trust or security instrument, without the express
written approval of the Beaver County Airport Authority.
15.2 If any mortgage, deed of trust, or security instrument, encumbering this leasehold
estate or any part thereof, including the right to receive rents under this Agreement, shall be
executed by CCBC without such prior written approval of the Beaver County Airport Authority
the Authority shall have the right to terminate this Agreement upon thirty (30) days written notice
to the CCBC.
15.3 If permitted to do so, CCBC’s right to encumber the leasehold estate created by
this Agreement shall include, but not be limited to the following terms and conditions:
(a) The proceeds to CCBC or any such proposed mortgage, deed of trust, or
security instrument must be utilized for the construction, design, or improvement of the
Facility or Leased Premises as outlined in this Agreement or another executed between
the parties for such purpose.
(b) CCBC, prior to execution of the mortgage, deed of trust, or security
instrument, shall submit the proposed agreement to the Authority for approval as required
herein, contemporaneously, CCBC shall submit a certified statement outlining the
proposed distribution of proceeds of such a mortgage, deed of trust, or security
instrument.
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(c) Said mortgage, deed of trust, or security instrument must contain a
simultaneous notice provision to the Authority in the case of default by CCBC; said
notice provision to the Authority must be in writing and delivered by certified mail.
(d) Said mortgage, deed of trust, or security instrument must contain a provision
to the effect that the occupancy of the Facility by any subtenants of CCBC shall not be
disturbed by virtue of a foreclosure by the mortgage unless said subtenant shall be in
default of the lease agreement between the subtenant and CCBC.
(e) Said mortgage, deed of trust, or security instrument shall contain a provision
which allows the Authority the option of curing the default of CCBC on said instrument,
or, at the Authority’s option, to pay, in full, the total indebtedness remaining on the
mortgage, deed of trust, or security instrument and assessing a claim and/or lien against
CCBC for repayment of same including attorney's fees, costs and expenses incurred for
same.
(f) Said mortgage, deed of trust, or security instrument must contain a provision
that the lender’s interest is subject to and limited by the provisions of this Agreement and
that should the lender dispose of that interest by sheriff’s sale, transfer, or in any other
manner, that the interest, right, and title as conveyed are subject to this Agreement.
(g) Said mortgage, deed of trust, or security instrument must contain an
acknowledgment between CCBC and creditor that there is no liability for payment of the
mortgaged amount by the Authority.
(h) No mortgage, deed of trust, or security instrument shall be approved which
attempts to assign, pledge, or encumber the leasehold or any part thereof, in a fashion that
separates the economic benefits of the leasehold or this Agreement without guaranteeing
performance of CCBC’s liabilities and obligations hereunder.
15.4 If the Authority approves of the execution of said mortgage, deed of trust, or
security instrument by CCBC, the Authority agrees to notify the lender in writing, by certified
mail, simultaneously with notification to CCBC of the following:
(a) Notification of default
(b) Notification of termination
(c) Agreement amendment
15.5 No mortgage, assignment or any other subordinating instrument as may be
proposed by CCBC shall subordinate or in any manner encumber the County's fee title to the
Leased Premises or Authority's title interest there under.
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16. SECURITY AND SAFETY:
16.1 CCBC, its agents, employees, contractors, subcontractors, licensees, invitees,
tenants, and subtenants shall observe and comply with the provisions of the Airport Security Plan
as from time to time existing with all rules, regulations, and directives of the Federal Aviation
Administration and other federal, state, county, and municipal governments and governmental
agencies as from time to time in effect relating to the safety and the security of the Airport.
Further, CCBC acknowledges that the safety and security of the Airport requires that the Director
have the authority to establish such rules, regulations, and procedures as she, in her discretion,
from time to time determines are necessary for or conducive to the safety and security of the
Airport, and CCBC agrees to observe and comply with any and all such rules, regulations, and
procedures as the Director may from time to time establish. CCBC shall provide appropriate
security for and ensure the Facility and the Leased Premises are properly secured.
17. INDEMNITY BY CCBC:
17.1 CCBC agrees to protect, defend, indemnify, and hold harmless the Authority, its
officers, employees, and agents from any and all liability or damage or claims for damages
arising out of or in connection with injuries to any person or persons or the property of any
person or persons, caused by or in connection with or growing out of the conduct of the services
provided for herein by CCBC or out of the use of any and all parts of the Airport by CCBC, its
students, employees, subtenants, agents, passengers, guest, patrons, invitees, contractors,
subcontractors, providers of other services and to protect, defend, indemnify and hold harmless
the Authority from and against any claim or liability for compensation, including those under the
Workmen’s Compensation Act arising out of injuries sustained by any employee of CCBC
and/or of any others including but not limited to of its licensees, contractors or subcontractors.
17.2 CCBC shall indemnify the Authority from, and shall assume all liability for, and
shall pay all taxes, assessments, and charges of a like nature, of any kind whatsoever, including
taxes assessed, imposed or levied or which may be assessed, imposed or levied by the Federal
Government, the Commonwealth of Pennsylvania, or any political subdivision thereof, the
Authority, any municipality, any governmental successor in authority to the foregoing or any
other tax or assessment bodies in whole or in part, upon or in respect to the Facility and Leased
Premises occupied hereunder or which are attributable to or arise out of, either directly or
indirectly, the letting, use or occupancy of the Facility and Leased Premises occupied hereunder
by CCBC or which arise out of, directly or indirectly, CCBC’s operations on Airport premises.
17.3 Payment of such additional charges (including interest and penalty charges) for
any and all such taxes, assessments, and charges, when and if levied, imposed or assessed, shall
be made by CCBC directly to the taxing or assessing authority charged with the collection
thereof, unless CCBC is otherwise directed in writing by the Authority. CCBC shall be
responsible for obtaining bills for all of said taxes, assessments and all charges and promptly
providing the Authority with evidence of payment thereof. Should CCBC desire to contest the
amount or validity of any tax or assessment payable by CCBC hereunder against any tax or
assessment of a levying body, CCBC may do so, at CCBC’s expense, after providing such
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security as the Solicitor of the Authority deems adequate to cover any delinquency, penalty, and
interest charges that may arise from such contest. CCBC shall indemnify the Authority from all
taxes, penalties, cost, expense, and reasonable attorneys’ fees incurred by the Authority resulting
directly or indirectly from any and all such tax contests.
17.4 CCBC’s obligation to protect, defend, indemnify, and hold harmless, as set forth
in this paragraph shall include any and all reasonable attorneys’ fees and investigation expenses,
including the cost of utilizing the services of the Authority’s solicitor and investigation costs
incurred by Authority in the defense and/or handling of said suits, claims, judgments, and the
like, and in enforcing and/or obtaining compliance with the provisions of this paragraph.
18. REMEDIES IN EVENT OF DEFAULT.
CONFESSION OF JUDGMENT
18.1. CONFESSION FOR MONEY: CCBC AGREES THAT IN EVERY
DEFAULT IN PAYMENT UNDER THIS AGREEMENT, OR UPON THE FAILURE OF
CCBC TO COMPLY WITH ANY OTHER OF THE COVENANTS, TERMS, AND
CONDITIONS OF THIS AGREEMENT OR WITH ANY NOTICE GIVEN UNDER THE
PROVISIONS THEREOF, OR IF CCBC SHALL MAKE AN ASSIGNMENT FOR THE
BENEFIT OF CREDITORS, OR IF AN EXECUTION ISSUE AGAINST CCBC, OR IF A
PETITION TO HAVE CCBC ADJUDICATED BANKRUPT BE FILED BY OR
AGAINST CCBC AND WHICH IS OR WHICH IS NOT DISMISSED WITHIN SIXTY
(60) DAYS, THEN IN SUCH CASE, THE TOTAL REMAINING UNPAID RENTAL
PAYMENTS DUE UNDER THIS AGREEMENT FOR THE ENTIRE UNEXPIRED
PORTION OF THIS AGREEMENT SHALL THEREUPON IMMEDIATELY BECOME
DUE AND PAYABLE, AND CCBC DOES HEREBY EMPOWER ANY ATTORNEY OF
ANY COURT OF RECORD WITHIN THE UNITED STATES OR ELSEWHERE TO
APPEAR FOR CCBC AND, WITH OR WITHOUT DECLARATION FILED, CONFESS
JUDGMENT AGAINST CCBC AND IN FAVOR OF AUTHORITY ITS SUCCESSORS
OR ASSIGNS, AS OF ANY TERM FOR THE TOTAL SUM OF SAID PAYMENT
WITHOUT DECLARATION WITH COSTS OF SUIT, RELEASE OF ERRORS,
WITHOUT STAY OF EXECUTION AND WITH ATTORNEYS FEES AND DOES
WAIVE AND RELEASE ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY
OF EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER TO BE
PASSED, AND ALSO WAIVES THE BENEFIT OF THE PRESENT OR ANY FUTURE
BANKRUPTCY LAWS THAT MAY BE PASSED BY THE UNITED STATES, OF THE
SUM DUE BY REASON OF SAID DEFAULT IN PAYMENTS, INCLUDING UNPAID
PAYMENTS FOR THE BALANCE OF THE TERM AS THE SAME HAVE BECOME
DUE AND PAYABLE UNDER THE PROVISIONS HEREIN.
18.2 CONFESSION FOR POSSESSION: IN CASE OF VIOLATION OF
ANY OF THE COVENANTS, PROVISIONS AND CONDITIONS OF THIS
AGREEMENT BY CCBC, CCBC FURTHER, AT THE OPTION OF AUTHORITY,
AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD
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IN THE UNITED STATES OR ELSEWHERE, EITHER IN ADDITION TO OR
WITHOUT SUCH JUDGMENT FOR THE AMOUNT DUE, ACCORDING TO THE
TERMS OF THIS AGREEMENT TO APPEAR FOR CCBC AND CONFESS
JUDGMENT FORTHWITH AGAINST CCBC AND IN FAVOR OF AUTHORITY IN AN
AMICABLE ACTION OF EJECTMENT FROM THE PREMISES HEREIN
DESCRIBED, WITH ALL CONDITIONS, FEES, RELEASES, WAIVERS, OR STAY OF
EXECUTION AND WAIVERS OF EXEMPTION, TO CONTINUE SAID CONFESSION
OF JUDGMENT THEREIN AND THE IMMEDIATE ISSUING OF A WRIT OF
HABERE FACIAS POSSESSION WITH A CLAUSE OF FIERCE FACIAS IN THE
AMOUNT OF SUCH JUDGMENT AND COSTS WITHOUT LEAVE OF COURT, AND
AUTHORITY MAY, WITHOUT NOTICE, REENTER AND EXPEL CCBC FROM THE
PREMISES AND ALSO ANY PERSON HOLDING UNDER CCBC AND IN EACH CASE
THIS AGREEMENT, OR A TRUE COPY THEREOF, SHALL BE SUFFICIENT
WARRANT FOR ANY PURPOSE.
THE ABOVE AUTHORITY TO CONFESS JUDGMENT MAY BE EXERCISED
AGAINST CCBC DURING THE AGREEMENT OR ANY RENEWAL OR EXTENSION
THEREOF AS WELL AS AFTER THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT OR ANY EXTENSION OR RENEWAL HEREOF.
19. TERMINATION BY AUTHORITY.
19.1 Upon the occurrence of any of the following enumerated events or at any time
thereafter during the continuance hereof, the Authority may, at its option and with thirty (30) day
prior written notice, terminate this Agreement:
(a) CCBC shall become insolvent, or shall take the benefit of any present or
future insolvency statute; or shall make a general assignment for the benefit of creditors,
or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement
or its reorganization or the readjustment of its indebtedness under the Federal Bankruptcy
Law or under any other law or statute of the United States or of any State thereof, or
consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of
its property; or
(b) By Order or Decree of a court CCBC shall be adjudged bankrupt or an order
shall be made approving a petition filed by any of its creditors or by any of its trustees,
seeking its reorganization or the readjustment of its indebtedness under the Federal
Bankruptcy Law or under any law or statute of the United States or any State thereof; or
(c) A petition under any part of the Federal Bankruptcy Laws or any action under
any present or future insolvency law or statute shall be filed against CCBC and shall not
be dismissed within sixty (60) days after the filing thereof; or
(d) By or pursuant to, or under authority of any legislative act, resolution or rule,
or any order or decree of any court or governmental board, agency or officer, a receiver,
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trustee, or liquidator shall take possession or control of all or substantially all of the
property of CCBC and such possession or control shall continue in effect for a period of
sixty (60) days; or
(e) CCBC shall become an entity in dissolution; or
(f) The interests of or rights of CCBC shall be transferred to, pass to, or devolve
upon, by operation of law or otherwise, any other person, firm, corporation, or other
entity, by, in connection with or as a result of any bankruptcy, insolvency, trusteeship,
liquidation, or the proceeding or occurrence described herein; or
(g) CCBC shall voluntarily discontinue its operations at the Airport or, after
exhausting or abandoning any further appeals, CCBC shall be prevented for a period of
thirty (30) days by action of any government agency from conducting its operations on the
Leased Premises regardless of the fault of CCBC.
19.2 If CCBC shall fail to duly and punctually pay any sum required to be made to the
Authority pursuant to this Agreement, or if CCBC shall be in default of any payment required to
be made to the Authority pursuant to any other agreement between CCBC and the Authority,
then thirty (30) days after receipt by the CCBC of notice of default sent by the Authority by
registered or certified mail, return receipt requested, the Authority, may at its option, terminate
this Agreement by sending written notice of termination, by registered or certified mail, to
CCBC, at is address specified herein; provided, however, that Authority may, at its option,
include notice of termination in its notice of default. It is understood and agreed that CCBC may
cure any such default within such thirty (30) day period as described herein.
19.3 Upon the occurrence of any of the following enumerated events, or at any time
thereafter during the continuance thereof, the Authority may, at its option, terminate this
Agreement by sending written notice of termination by registered or certified mail to CCBC at its
address specified herein:
(a) Any lien shall be filed against the Facility or any portion thereof because of
any act or omission of CCBC and shall not be discharged within sixty (60) days, unless
CCBC shall within the aforesaid sixty (60) days furnish to the Authority such bond as the
Airport Director reasonably determines to be adequate to protect the interests of the
Authority; or
(b) CCBC shall fail to keep, perform and observe any promise, covenant, or
other provision of this Agreement other than a default as described herein, or shall fail to
keep, perform, and observe any promise, covenant, or other provisions of any other
agreement between CCBC and Authority within thirty (30) days after receipt by CCBC of
written notice of default from the Authority; or if fulfillment of the obligation in question
requires activity over a period of time, CCBC fails to begin such activity within thirty
(30) days after receipt by CCBC of notice of default as aforesaid and diligently pursue
such activity;
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19.4 Right of Reentry. The Authority shall, as an additional remedy upon the giving
of notice of termination as provided herein, have the right to reenter the Leased Premises and
every part thereof upon the effective date of termination without further notice of any kind, and
may regain and resume possession either with or without the institution of summary or any other
legal proceedings or otherwise. Such reentry, or regaining or resumption of possession, however
shall not in any manner affect, alter or diminish any of the obligations of CCBC under this
Agreement, and shall in no event constitute an acceptance of surrender.
19.5 Notwithstanding any other provisions hereof, Authority may terminate this
Agreement, and CCBC’s rights hereunder, at any time upon three (3) months prior written notice
to CCBC, if the Board of County Commissioners shall determine that such a termination of this
Agreement is in the public interest and common good of the Authority with a showing of just and
reasonable cause to CCBC. In the event of a termination, CCBC shall pay, in full any
outstanding debt, as well as an amount equal to the prorated payments then due for the Leased
Premise to Authority pursuant to this Agreement to the proposed termination date. CCBC shall
not be obligated for other rental payments beyond the termination date once it has vacated the
Leased Premises.
20. NONWAIVER BY THE AUTHORITY:
20.1 A failure by the Authority to take any action with respect to any default or
violation by CCBC of any of the terms, covenants, or conditions of this Agreement shall not in
any respect limit, prejudice, diminish, or constitute a waiver of any rights of the Authority to act
with respect to any prior, contemporaneous, or subsequent violation or default or with respect to
any continuation or repetition of the original violation or default. The acceptance by Authority of
payment for any period or periods after a default or violation of any of the terms, conditions, and
covenants of this Agreement shall not constitute a waiver or diminution of, nor create any
limitation upon any right of the Authority pursuant to this Agreement to terminate this
Agreement for such violation or default for any prior, contemporaneous or subsequent violation
or default or for continuation or repetition of the original violation or default.
21. ASSIGNMENT BY CCBC:
21.1 This Agreement shall not be assigned or in any manner subordinated or pledged to
any third party entity by CCBC, without the express written approval of the Authority first had.
22. LABOR:
22.1 CCBC warrants that it will not take any action or refrain from any action which
will affect the Authority directly or remotely in the event of any strike, walkout or other labor
problem or difficulty directly or indirectly related in any way to this Agreement, and CCBC shall
save Authority harmless from all liability whatsoever and shall indemnify Authority for all
demands, claims, judgments, arbitration awards and other costs arising there from, including
reasonable attorney fees.
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23. CCBC INDEPENDENT CONTRACTOR:
23.1 It is understood and agreed that nothing herein contained is intended or shall be
construed to in any way create or establish the relationship of co-partners or a joint venture
between the Authority and CCBC or constituting CCBC as the representative or agent of the
Authority for any purpose whatsoever.
24. SURRENDER OF PREMISE:
24.1 CCBC covenants and agrees to yield and deliver peaceably to the Authority
possession of the Leased Premises and alterations, additions, or improvements thereupon on the
date of the cessation of this Agreement, whether such cessation by termination, expiration or
otherwise, promptly and in good condition, order and repair, except for reasonable wear and tear
from the last necessary repair, replacement, restoration or renewal of the Leased Premises made
by CCBC pursuant to CCBC’s obligations under this Agreement. All improvements made to the
Leased Premises by the Authority or CCBC shall absolutely revert to the Authority at the
cessation of this Agreement.
24.2 Unless required by CCBC for the performance of its obligations hereunder,
CCBC, at any time during the term of this Agreement, on or before the expiration or earlier
termination of this Agreement or expiration of any extension thereof, shall have the right to
remove its movable personal property from the Leased Premises occupied herein in such a
manner as to cause no damage or harm to the Leased Premises or other Authority property. In
the event of any such damage, CCBC agrees, at its own cost and expense, to repair and/or replace
same.
24.3 If CCBC fails or neglects to remove all or any portion of its movable personal
property within thirty (30) days after the expiration or termination of this Agreement or
expiration of any renewal thereof, the Authority may at its sole option, remove such property to a
public warehouse for deposit, or retain the same in the Authority’s possession, and after the
expiration of thirty (30) days sell the same, with or without notice and at public or private sale, in
accordance with applicable law, the proceeds of which shall be applied first to the expenses of
sale, second to any sum owned by CCBC to Authority, and any balance remaining shall be paid
to CCBC.
25. NO PERSONAL LIABILITY:
25.1 No elected official, director, officer, agent, or employee of the Authority, shall be
charged personally or held contractually liable by or to the other party under any term or
provision of this Agreement or because of any breach thereof or because of its or their execution,
approval, or attempted execution of this Agreement.
26. REPRESENTATIONS, WARRANTIES:
26.1 Except as set forth herein, no representations or warranties, whether oral or
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written, express or implied, made prior to the execution of this Agreement shall be part of this
Agreement. Under no circumstances whatsoever shall the Authority, its Commissioners, the
Director, or employees of the Authority be liable for an incidental or circumstantial damages
arising out of this Agreement or any other transactions(s) between the parties hereto.
26.2 The Authority represents and warrants to CCBC as follows:
(a) That the County of Beaver owns a fee simple interest in and to the Leased
Premises and Authority has been granted by the County of Beaver authority to control and
lease all airport property relative to this Agreement; and
(b) That there are no liens, encumbrances, or judgments against such title
changes, claims, or restrictions which would impair the contemplated use of the Leased
Premises known to Authority at the date of execution hereof.
27. CONFLICT OF INTEREST BY AUTHORITY OFFICER:
27.1 CCBC represents and warrants to the best of its knowledge that no officer or
employee of CCBC or the Authority is either directly or indirectly a party who is personally
interested or will personally gain in any manner by this Agreement.
28. SUBORDINATION:
28.1 This Agreement is subject to and subordinate in all respects to the provisions of
any existing or future agreements between Authority and the United States Government or any
agency thereof relative to the operation or maintenance of the Airport, the execution of which has
been or may be required as a condition precedent to the expenditure of federal funds for the
development of the Airport.
29. NATIONAL EMERGENCY:
29.1 During times of war, whether declared by Congress or not, a national emergency,
the Authority shall have the right to enter into any agreement with the United States Government
for military use of part or all of the aircraft landing area, the publicly owned air navigation
facilities, and all other areas and facilities at the Airport. If any such agreement is executed, the
provisions of this Agreement, insofar as they are inconsistent with the provisions of the
agreement with the said Government, shall be suspended without the Authority being liable for
damages.
30. MASTER PLAN:
30.1 CCBC agrees that no liability shall attach to the Authority, its Board Members,
officers, agents or employees by reason of any efforts or action toward implementation of any
present or future Master Plan for the development, relocation or expansion of the Airport, and,
for and in consideration of the granting of the rights and privileges herein contained, CCBC
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waives any right to claim damages or other compensation arising there from, except for any
claim by CCBC arising as a result of a condemnation under the Eminent Domain Laws and
hereby releases the Authority from same.
The Authority will make efforts not to unreasonably impede the Master Plan of CCBC if
CCBC provides a copy of its Master Plan and includes the Authority in the decision making with
regard to those issues which will impact the Airport programs and Airport Facility. In the event
there is a conflict as to the impact or use of the Facility and Leased Premises at the Airport the
Authority shall have ultimate control and the right in its sole discretion to modify or deny same
only as it relates however to the Airport.
31. FORCE MAJEURE:
31.1 Neither party hereto shall be under any obligation to supply any service or services
if and to the extent and during any period that the supplying of any such service or services or the
use of any component necessary therefore shall be prohibited or rationed by the Federal, State,
Authority or municipal law, rule, regulation, order or directive provided, however, if the
Authority deems it to be in the public interest to comply therewith, even though such law, rule
regulation, requirement, order, or directive may not be binding on the Authority as a public
agency, the Authority shall be under no obligation to supply any such service or services.
31.2 Except as otherwise expressly provided in this Agreement hereof, no abatement,
diminution or reduction of the rent or other charges payable by CCBC shall be claimed or
allowed to CCBC for any inconvenience, interruption, cessation, or loss of business or other loss
caused, directly or indirectly, by any present or future laws, rules, requirements, orders,
directives, ordinances or regulations of the United States of America, or of the State, Authority,
or municipal governments, or of any other lawful authority whatsoever, or by priorities,
rationing, or curtailment of labor or materials, or by war or any matter or thing resulting there
from or by any other cause or causes beyond the control of the Authority nor shall this
Agreement be affected by any such causes.
32. PATENTS, TRADEMARKS, AND COPYRIGHTED PRODUCTS:
32.1 CCBC represents that it is the owner of or fully authorized to use any and all
services, processes, machines, articles, marks, names, or slogans used or to be used by it in its
operations under or in any way connected with this Agreement. CCBC agrees to save and hold
the Authority, its Commissioners, officers, agents, employees and representatives, free and
harmless of and from any loss, liability, expense, suite or claim for damages in connection with
any actual or alleged infringement of any patent, trademark, service mark, or copyright arising
from any allege or actual unfair competition or other similar claim arising out of the operation of
CCBC under or in any way connected with this Agreement.
33. INTERPRETATION:
33.1 In General. It is the intention of the parties hereto that the language hereof, and
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in all parts of this Agreement shall be in all cases construed simply according to its fair meaning
and not strictly for or against either the Authority or CCBC.
33.2 Law Governing Interpretation. CCBC and Authority agree that any litigation
filed by either as a result of any breach of contract or other matter arising out of this Agreement
shall be filed exclusively in the Court of Common Pleas of Beaver County and that the
interpretation of this Agreement shall be in all respects governed by the laws of the
Commonwealth of Pennsylvania.
33.3 Gender and Number. The use of any gender herein shall include any or all
genders, and use of any number shall be construed as the singular and/or the plural, all as the
context may require.
34. DAMAGE TO OR DESTRUCTION OF LEASED PREMISE:
34.1 If at any time during the term of this Agreement, or any extensions thereto, the
improvements to the Leased Premises or those constructed thereon are damaged or destroyed, in
whole or in part, by fire or other casualty, CCBC shall promptly give written notice thereof to the
Authority. All proceeds of insurance resulting from the claims of such losses shall be paid to the
benefit of the Authority and CCBC respective to their interest in the damaged and/or destroyed
property as applied to reimbursement to CCBC for payment of the cost of the replacement,
repair, rebuilding or restoration of said property damaged or destroyed to substantially the same
condition as existed prior to the event causing such damage or destruction.
34.2 In the event the improvements to the Leased Premises are damaged or destroyed
and CCBC undertakes the replacement, repair, rebuilding or restoration of the Facility and/or
Leased Premises pursuant to this Agreement but the insurance proceeds are not sufficient to pay
in full the costs of such replacement, repair, rebuilding, restoration or acquisition, CCBC shall
nonetheless complete the work thereof, and will pay that portion of the costs thereof in excess of
the amount of said insurance proceeds.
34.3 Any balance of such insurance proceeds remaining after CCBC certifies to the
Authority that such replacement, repair, rebuilding or restoration has been completed shall be
paid to CCBC.
34.4 In the event CCBC elects to terminate this Agreement, Insurance Proceeds shall
be applied as follows:
(a) To CCBC and Authority in accordance with the provisions of this
Agreement.
34.5 Before the commencement of any replacement, repair, rebuilding or restoration of
or to the Facility or upon the Leased Premises damaged or destroyed, detailed plans and
specifications shall be filed with and approved by the Authority prior to the implementation of
any work being performed. Promptly after receiving the Authority’s approval of said plans and
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specifications, CCBC shall commence such replacement, repairs, rebuilding or restoration and
shall prosecute the same to completion with promptness and due diligence in accordance with
and subject to the provisions of this Agreement. Inasmuch as Authority has required CCBC to
provide insurance as set forth herein to insure its Facility and the Leased Premises and risks
inherent thereto, there shall be no abatement of rent pending replacement, repairs, rebuilding or
restoration pursuant hereto.
35. INTERRUPTION IN PERFORMANCE:
35.1 Authority shall not be liable for any loss or damage suffered by CCBC arising out
of the interruption or cessation of the business conducted by CCBC under this Agreement.
36. INSURANCE:
36.1 CCBC shall, at its sole cost and expense maintain in effect the following
insurance coverage at all times during the entire term of this Agreement, and prior to the
execution of this Agreement, shall deliver to the Authority, certificates setting forth the required
insurance. All such insurance shall be written by companies authorized to do business in the
Commonwealth of Pennsylvania, shall be acceptable to the Authority and shall have not less than
an “A” rating by the A.M. Best Insurance Rating Company:
36.2 Evidence that CCBC has accepted the Worker’s Compensation Act of the
Commonwealth of Pennsylvania of June 2, 1915, as amended, either by obtaining insurance
covering its liability or by obtaining a Certificate of Exemption from insurance from the
Pennsylvania Department of Labor and Industry.
36.3 Comprehensive Liability Insurance with the County of Beaver and the Beaver
County Airport Authority named as additional insured. Such coverage shall include, but not be
limited to the following:
(a) Contractual Liability on a broad form basis specifically covering the
indemnification of the Authority contained herein.
(b) Premises/Operations
(c) Products Liability
(d) Personal Injury Liability/Independent Contractors
(e) Fire Legal Liability Insurance with a limit of not less than the replacement
cost of the Facility and any improvements made to the Leased Premises.
The combined single limit of liability applicable to the foregoing insurance together with
any excess umbrella coverage shall not be less than FIVE MILLION DOLLARS
($5,000,000.00). Each policy shall be endorsed to include the County of Beaver and the Beaver
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County Airport Authority, there Commissioners / Board members as additional insured.
36.4 Comprehensive Automobile Liability Insurance covering all owned, hired and
non-owner motor vehicles with a combined single limit of not less than ONE MILLION
DOLLARS ($1,000,000.00). The County of Beaver and Beaver County Airport Authority, there
Commissioners/ Board members shall be named as additional insured under this policy.
36.5 The improvements as erected on the Leased Premises shall be insured against all
risk of physical loss. The amount of physical damage insurance for all perils shall not be less
than the replacement cost of the property insured, including the cost of demolition. The
insurance policy shall contain an agreed amount clause for such replacement or CCBC shall
provide on an annual basis a certified appraisal of the property insured. The physical damage
policies shall be endorsed to include the interest of the Authority and CCBC as their interest may
appear and all proceeds from said policies shall be paid to the Authority and CCBC as their
interests may appear. The County of Beaver and Beaver County Airport Authority, there
Commissioners/ Board members shall be named as additional insured under this policy.
36.6 CCBC agrees to carry insurance on any personal property located on the premises
of the Airport insuring the property against “all risks” of physical loss on a replacement cost
basis, including the cost of demolition. CCBC further agrees to a mutual waiver of the right of
subornation as set forth herein this Agreement.
36.7 CCBC agrees to comply promptly with all safety recommendations made by the
Authority or its insurers. Any increase in property insurance premiums on Authority property
resulting from any condition over which CCBC has control or any activities of the CCBC shall
be charged to CCBC as additional rent.
36.8 Neither party hereto shall be liable to the other party or to the insurer of other
party claiming by way of subornation through or under the other party with respect to any loss or
damage to the extent that such other party shall be reimbursed or has the right to be reimbursed
out of that party’s property insurance coverage carried for such other party’s protection with
respect to such loss or damage. The provisions of this subparagraph shall apply only to the
extent permitted by provisions of the insurance policy in question.
36.9 CCBC shall furnish to the Authority certificates evidencing the required insurance
coverage. Each such insurance certificate shall, in addition to the information relative to the
insurance coverage, contain the following:
(a) Name of the insurance company
(b) Number of policy
(c) Date of insurance policy
(d) Expiration date of the insurance policy
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(e) Limits of liability or amount of coverage provided
(f) Nature of coverage including special hazards, if required
(g) Specifications of all deductibles and self-insured retention applicable to any
contract of insurance.
(h) Additional interests of the coverage of which is required by the Lease must
be specifically indicated on the certificate.
36.10 No certificate will be accepted which exculpates the issuer or which reduces any
rights conferred on the Authority by the certificate. Certificates with respect to excess liability
contracts shall expressly state underlying insurance requirements of the insurance policy. Nor
shall it be accepted unless the certificate bears a live signature of a direct representative of the
insurance company. Any contract of insurance which expires during the term of this Agreement
shall be renewed or extended and a certificate of that renewal or extension furnished to the
Airport Director at least ten (10) days prior to the expiration of the insurance contract.
36.11 Each of the policies required herein shall be endorsed to provide for not less than
thirty (30) days prior written notice to the Airport Manager, in the event of termination,
cancellation or material change in the terms of the policy.
36.12 Such other insurance in amounts and containing provisions as the Authority may
reasonably, from time to time in its discretion, require. The Authority, in its discretion, may
waive or modify any of the above listed insurance requirements, and may approve such
deductibles as it deems appropriate.
37. CONDEMNATION OF LEASED PREMISE:.
37.1 If the whole of the Facility or Leased Premises shall be taken for any public or any
quasi-public use under any statute or by right of eminent domain or by private purchase in lieu
thereof, then this Agreement shall automatically terminate as of the date title vests in the
condemning authority.
37.2. In the event: (1) less than fifteen percent (15%) of the improvements constructed
to the Facility or on the Leased Premises shall be taken for any public or quasi-public use under
any statute or by right of eminent domain or by private purchase in lieu thereof, and then the
remaining portion, after restoration and repair as contemplated herein, would, in CCBC’s
opinion, not have substantially the same economic value and usefulness as existed immediately
before such taking (or purchase); or (2) more than fifteen percent (15%) of the improvements to
the Facility or the Leased Premises are so taken (or so purchased); then and in either such event,
CCBC shall have the right to terminate this Agreement by giving written notice of termination to
Authority within three (3) months after the date of such taking (or purchase), in which event the
term of this Agreement shall expire and come to an end on the last day of the calendar month in
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which such notice is given with the same force and effect as if said day had been originally fixed
herein as the expiration date of the term of this Agreement, whereupon neither party shall have
any further rights or liabilities under this Agreement, at law or in equity with respect to any
breaches which shall have theretofore occurred.
37.3 If this Agreement shall terminate or be terminated pursuant to the above, then the
rental payments, additional rent, and other charges payable hereunder shall be adjusted to the
date of termination.
37.4 Authority and CCBC agree to cooperate in applying for and obtaining the
maximum payment or award on account of any taking (or purchase in lieu thereof) and further
agree that the aggregate net payment or award, after deducting all expenses and costs (including
reasonable attorneys’ fees) incurred in connection therewith, shall be distributed as follows:
CCBC shall be entitled to all payments and awards designated as being for relocation or similar
expenses. Authority and CCBC shall each be entitled to claim and receive so much of the
balance of the payment or award as is attributable to the fair market value of their respective
estates and interests in the Facility and to the Leased Premises including buildings and
improvements thereon; (i.e., the fee interest of Authority in the unimproved land as subject to
this Agreement, and the value of CCBC’s leasehold estate and CCBC’s ownership of the
buildings and improvements).
37.5 In the event of a partial taking (or purchase) not resulting in the termination of this
Agreement pursuant to the aforesaid provisions, CCBC shall, at its own cost and expense, make
all repairs to the buildings and improvements to the Facility or the Leased Premises affected by
such taking (or purchase) to the extent necessary to restore the same to a complete architectural
unit (to the extent permitted, however, taking into consideration the amount of land remaining
after such taking or purchase), provided, however, that CCBC shall not be obligated to expend an
amount in excess of the proceeds of the net award available to CCBC for such purposes.
Authority and CCBC hereby agree that the proceeds of the net payment or award received by
them for restoration purposes shall be made available for such purposes to the extent required.
37.6 In the event of a partial taking (or purchase in lieu thereof) not resulting in the
termination of this Agreement hereof, CCBC shall be entitled to receive an equitable reduction in
the Basic Rent, effective as of the date of such partial taking (or purchase), such equitable
reduction to reflect the impairment of the value of the Facility or Leased Premises resulting from
such partial taking (or purchase). If the parties cannot agree on the amount of such equitable
reduction, the matter shall be decided by the Court of Common Pleas.
37.7 All compensation for any “temporary taking” (as hereinafter defined) of the
Facility shall be distributed to CCBC without participation by Authority. In the event that any
payment of such compensation shall be paid to Authority, then the rental payments and all
additional rent payable hereunder shall be reduced by the amount of such compensation for the
temporary taking as shall have been paid to Authority. For the following purposes, a “temporary
taking” shall be deemed to be a taking in which CCBC is deprived of the use of any part of the
Leased Premises for a continuous period of less than one (1) year.
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37.8 In the event of damage to the value of the Leased Premises by reason of change of
grade, access rights, street alignments, or any other government or quasi-governmental act in the
nature of condemnation (but not resulting in an actual physical taking of any portion of the
Leased Premises, then the Authority and CCBC shall each be entitled to separately claim and
receive the net payment or award made on account thereof in accordance with the provisions of
herein and also be an equitable reduction in the rental payments.
38. GOVERNMENTAL COMPLIANCE:
38.1 CCBC, its officers, agents, servants, employees, invitees, licensees, and any other
persons over which CCBC has control or right of control shall comply with all present and future
laws, ordinances, orders, codes, directives, rules and regulations of the United States of America,
Commonwealth of Pennsylvania, political subdivisions (including Beaver County), authorities,
and their respective agencies, departments, authorities, or commissions of the foregoing,
applicable to or affecting directly or indirectly CCBC or its operations and activities on or in
connection with the premises of the Airport.
38.2 CCBC further agrees to protect, defend, indemnify, and hold harmless the
Authority, its Board members, officers, agents and employees, from and against any and all
claims, damages, liability, suits, liens, and judgments, of whatever nature, including claims for
contribution or indemnification, caused by or arising out of any violation of any of the
aforementioned laws, ordinances, orders, directives, rules and regulations by CCBC, its agents,
servants, employees, invitees, licensees, or any other persons over which CCBC has control or
the right of control. Without limiting the generality of any other provision hereof, CCBC’s
obligation to protect, defend, indemnify, and hold harmless, as set forth in this Paragraph, shall
include any and all reasonable attorneys’ fees and investigation expenses, including the cost of
utilizing the services of the Authority’s solicitor, other legal counsel retained for such specific
purpose and investigations incurred by Authority in the defense and handling of said suits,
claims, judgments, and the like, and in enforcing and obtaining compliance with the provisions
herein.
38.3 Authority shall not be liable to CCBC for any violation or nonobservance of any
of the aforementioned laws, ordinances, orders, directives, rules or regulations by an other tenant,
or other person at the Airport, or for or with respect to the acts or omissions of, or the presence of
absence of any other tenants, or other person at the Airport.
39. CIVIL RIGHTS:
39.1 To the extent that the following provisions may be applicable to the CCBC’s
activities pursuant to this Agreement, and their inclusion herein required by the United States
Government, CCBC agrees to observe and comply as follows:
CCBC understands that Authority in the operation and use of Authority facilities, is
committed to an affirmative action program and will not on the grounds of race, color, religion,
sex or national origin discriminate or permit discriminating against any person or group of
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persons in the manner prohibited by Part 21 of the Department of Transportation Regulations.
CCBC hereby agrees that the premises of the employment office, if any, shall be posted to such
effect as required by such regulation. CCBC represents and warrants that, to the extent required
by law, it has an affirmative action plan in compliance with Federal rules and regulations of the
Equal Employment Opportunity Commission and the Office of Federal Contract Compliance.
39.2 To the extent that the following provisions may be applicable to CCBC’s
activities pursuant to this Agreement, and their inclusion herein required by the United States
Government, CCBC agrees to observe and comply as follows:
CCBC agrees that in all of its activities pursuant to or in connection with this Agreement
and in all of the operations on and about the Leased Premise:
(a) CCBC will furnish service on a fair, equal and not unjustly discriminatory
basis to all users thereof.
(b) CCBC will charge fair, reasonable and not unjustly discriminatory prices for
each unit or service; provided that CCBC may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
39.3 To the extent that the following provisions may be applicable to CCBC’s
activities pursuant to this Agreement, and their inclusion herein required by the United States
Government, CCBC agrees to observe and comply as follows:
CCBC, for itself, its successors in interest, and its assigns, as a part of the consideration
hereof, does hereby covenant and agree that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this Agreement for a purpose for which a
Department of Transportation program or activity is extended or for another purpose involving
the provision of similar services or benefits, CCBC shall maintain and operate such facilities and
services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted program of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
In the event of breach of any of the above nondiscrimination covenants, the Authority
shall have the right to terminate this Agreement and to reenter and repossess and hold the same
as if said Agreement had never been made or issued.
39.4 Solicitations for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiations made by CCBC for
work to be performed under a subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by CCBC and CCBC’s
obligations under this Agreement and the Regulations relative to nondiscrimination on the
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grounds of race, color or national origin.
39.5 Information and Reports: CCBC shall provide all information and reports
required by the Regulations or directives issued pursuant thereto. CCBC shall permit access to
its books, records, accounts, other sources of information, and its facilities as may be determined
by the Authority or the Federal Aviation Administration to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of CCBC is in
the exclusive possession of another who fails or refuses to furnish this information, CCBC shall
so certify to the Authority or the Federal Aviation Administration as appropriate and shall set
forth what efforts CCBC has made to obtain this information.
39.5 Sanctions for Noncompliance: In the event CCBC’s noncompliance with the
nondiscrimination provisions of this Agreement, the Authority may impose such sanctions as it
or the Federal Aviation Administration may determine to be appropriate, including, but not
limited to:
(a) Cancellation, termination or suspension of the Agreement, in whole or in
part.
39.6. To the extent that the following provisions may be applicable to CCBC’s
activities pursuant to this Agreement and their inclusion herein required by the United States
Government, CCBC agrees to observe and comply as follows:
CCBC assures that no person shall be excluded on these grounds from participating in or
receiving the services of any program or activity covered by this subpart. CCBC assures that it
will require that its covered sub organizations provide assurances to CCBC that they require
assurances from their sub organizations, as required by CFR Part 152, Subpart E, to the same
effect.
CCBC assures that it shall furnish to the United States Government, or the Authority,
whichever is required, any and all documents, reports and records; including but not limited to,
an affirmative action plan, From EEO-1, the submission of which are required by 14 CFR Part
152, Subpart E.
The incorporation of these provisions is required by the Federal Aviation Administration
pursuant to the 14 CFR Part 152 (45 Federal Regulation 10184 February 14, 1980), as a
condition of and prerequisite to the Authority’s receiving Federal assistance in connection with
the Airport.
40. AVIGATIONAL EASEMENT:
40.1 Authority specifically reserves and excepts, from the letting as herein described,
the right to, for the use and benefit of the public as an easement and right-of-way appurtenant to
the Beaver County Airport, for the non-obstructed passage of all aircraft; aircraft being defined
for the purposes of this easement as any contrivance now known or hereinafter invented, used or
designed for navigation of or flight in the air, by whomsoever owned and operated, bound and
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described as the area let herein and designated as the Leased Premises and depicted on Exhibit
“A” attached hereto.
40.2 Said easement shall be in the air space over the Facility and Leased Premises at
the height established in the Airport Zoning Regulations and approved by the Federal Aviation
Administration as they apply to the area wherein the Leased Premises are located.
41. ENTIRE AGREEMENT:
41.1 This Agreement, including the attached Exhibits, constitutes the entire Agreement
of the parties on the subject matter hereof, and may not be changed, modified, discharged or
extended by oral agreement or representation or otherwise except by written amendment duly
executed by an authorized representative of CCBC and by a majority of the Board of Beaver
County Airport Authority.
42. SEVERABILITY:
42.1 If any term or provision of this Agreement or the application thereof to any person
or circumstance shall to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term
and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by
law.
43. NOTICES:
43.1 All notices required to be given by CCBC to the Authority pursuant to this
Agreement shall be in writing and sent by registered or certified mail, return receipt requested, to:
Airport Director, Beaver County Airport Authority
Beaver County Airport
15 Piper Street
Beaver Falls, Pennsylvania 15010
or to such other place as the Director may from time to time designate in writing.
43.2 All notices required to be given by the Authority to CCBC pursuant to this
Agreement shall be in writing and sent by registered or certified mail, return receipt request, to:
Office of the President
Community College of Beaver County
College Drive
Monaca, Pennsylvania 15061
or to such other place as the CCBC may from time to time designate in writing.
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The effective date of such notices by the Authority shall be the date such notices are
received by the party put on notice.
44. AUTHORITY AUTHORIZATION:
44.1 This Agreement is entered into by Authority pursuant to authorization duly given
by the Board of the Beaver County Airport Authority and by CCBC pursuant to authorization
duly given by the Beaver County Community College Board.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the Authority and
CCBC each having caused this Agreement to be signed in at least three (3) duplicate
counterparts, any one of which may be used as the original, by the proper and duly authorized
officer of each, on the particular dates set forth below.
LANDLORD:
WITNESS/ATTEST:
BEAVER COUNTY AIRPORT AUTHORITY
By: ___________________________ By:
Name: Lee Savio Name: Carmen Romeo
Title: Secretary Title: Chairman
TENANT:
WITNESS/ATTEST: COMMUNITY COLLEGE OF
BEAVER COUNTY
By: By:
Name: Name:
Title: Title:
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EXHIBIT “B”
Rental payment for use of the Leased Premise shall be fifty thousand dollars annually
($50,000.00) plus assessed water and sewage charges as determined by the Authority. Rental
payment shall be paid annually in advance without invoicing, without demand and without setoff
on or before the first (1rst) day of July, at the Office of the Beaver County Airport Manager, # 15
Piper Street, Beaver Falls, Pennsylvania 15010, or such other place or as the Authority may
designate in writing. If CCBC shall fail to make payment by the tenth (10th
) day of July, then
CCBC shall pay to Authority pursuant to invoices from Authority, and in addition to all other
payments to be made by CCBC to Authority, a service charge calculated at the rate of five
percent (5%) per month on any such overdue amount plus reasonable attorney’s fees and any
costs incurred by Authority in attempting to obtain payment; provided that the Authority may, in
its discretion, waive the service charge in any given instance. Any payment made on an arrearage
will be credited first to interest penalties due, late payment fees and thereafter the balance will be
credited to overdue rent.
Assessed water and sewage charges shall be invoiced monthly by the Authority and sent
to CCBC for payment thereof. All assessed water and sewage charges shall be paid monthly
after invoicing, without further demand and without setoff on or before the first (1rst) day of
every month, at the Office of the Beaver County Airport Manager, # 15 Piper Street, Beaver
Falls, Pennsylvania 15010, or such other place or as the Authority may designate in writing. If
CCBC shall fail to make payment by the tenth (10th
) day of each month, then CCBC shall pay to
Authority pursuant to invoices from Authority, and in addition to all other payments to be made
by CCBC to Authority, a service charge calculated at the rate of five percent (5%) per month on
any such overdue amount plus reasonable attorney’s fees and any costs incurred by Authority in
attempting to obtain payment; provided that the Authority may, in its discretion, waive the
service charge in any given instance. Any payment made on an arrearage will be credited first to
interest penalties due, late payment fees and thereafter the balance will be credited to overdue
principal balance.
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Lease 15-16 Lease 16-17 Current Lease 17-18 New Lease 18-19 Change % $ ChangeSquare Feet 1187 1187 1187 1187Base Year Amount 11.50$ 11.50$ 11.50$ 12.08$ 4.8% 0.58$ $/Sq ft/Month 0.96$ 0.96$ 0.96$ 1.01$ 4.8% 0.05$ Monthly Rent 1,137.54$ 1,137.54$ 1,137.54$ 1,194.42$ 4.8% 56.88$ Annual 13,650.50$ 13,650.50$ 13,650.50$ 14,333.03$ 4.8% 682.53$
Comparables1307 6th Ave; New Brighton 3582 Brodhead Road, Monaca 1200 Sharon Road; Beaver
Square Feet 2176 1300 1500Base Year Amount 10.56$ 12.96$ 18.00$ $/Sq ft/Month 0.88$ 1.08 1.5Monthly Rent 1,914.88$ 1,404.00$ 2,250.00$ Annual 22,978.56$ 16,848.00$ 27,000.00$
2018-19 Head Start Lease AnalysisFor Executive Committee Review June 6, 2018
9.6
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LEASE
This Lease Agreement is made and entered into between THE COMMUNITY COLLEGE OF BEAVER COUNTY (CCBC), referred to in this lease as “Landlord”, and PRIVATE INDUSTRY COUNCIL OF WESTMORELAND/FAYETTE, INC., referred to in this lease as “Tenant”.
In consideration of the mutual promises, conditions and other good and valuable consideration the parties hereto covenant and agree as follows:
ARTICLE 1: PREMISES
Landlord leases to Tenant, and Tenant leases from Landlord, certain space as set forth in a drawing attached hereto and marked as exhibit “A”, located on the first floor of the Health Sciences Center, on the campus of The Community College of Beaver County, comprising 1,187 square feet of space, plus an area that can be developed into a playground and on campus parking generally located at One Campus Drive, Monaca, PA 15061; as more particularly set forth in Exhibit “A" (Premises or Leased Premises), with the shaded office being excluded from the Leased Premises. Landlord will provide the fenced in area for the playground, but tenant shall have the right to install, at its expense, a higher fence, and playground equipment, which equipment tenant will remove at the end of the term or any extension therefore.
ARTICLE 2: TERM, EXTENSION AND HOLDOVER
Section 2.01: Term The term of this lease shall be for an initial term of ten months, commencing on July 1, 2018 and ending on June 30, 2019. Subsequent one or three year terms will be determined once the tenant receives confirmation from their funding sources regarding the timing of future period funding. The tenant has the right to terminate the lease in future years, if any, if funding for the program being offered is not available to the Private Industry Council.
Section 2.02: Extension Tenant may request each option to extend this lease by giving Landlord written notice of its intention to do so, with such notice being sent to the address provided in Section 15.02 of this lease and postmarked no later than ninety (90) days prior to the expiration of the then current lease term. Within forty-five (45) days after receipt of Tenant’s request to extend this lease for an additional yearly period, Landlord must respond to Tenant in writing as to whether it agrees to the lease extension.
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Section 2.03: Holdover If Tenant remains in possession of the Leased Premises after expiration of this lease or any extension hereof, Tenant’s occupancy shall be month-to-month tenancy at the then current rental rate and under all of the terms, conditions and provisions set forth herein including amendments if any.
ARTICLE 3: RENT
Tenant will pay to Landlord the sum of $1,194.42 per month, from the commencement of the term of this lease and continuing throughout first twelve months of the term, in advance on the first day of each month. The monthly rental shall be calculated by taking the amount of square footage of the lease times the base year amount of $12.08 (twelve dollars and eight cents) per square foot. This will be known as the “basic rent.” Rent for any fractional month at the beginning or end of the lease term shall be prorated on a per diem basis.
The basic rent amount includes the utilities of natural gas, water, sewerage and electricity, janitorial, parking, maintenance of premises, use of Landlord’s Library, and the public wireless internet system. No charges shall be assessed to the tenant for maintenance of any common areas, including but not limited to snow and ice removal. Landlord shall maintain all mechanical, HVAC, electrical, water and sewerage systems.
The basic rent will be reviewed annually by both the Landlord and Tenant and adjusted for increases or decreases in operational costs for utilities and/or labor. Basic rent for each additional one (1) or three (3) year term shall be agreed to by both parties in writing no later than forty-five (45) days prior to the expiration of that term. In the event that the parties cannot agree on the amount of basic rent for additional term(s) then in that event this Lease shall terminate.
To increase the basic rent, Landlord must send written notice to Tennant no later than ninety (90) days prior to the end of each consecutive twelve (12) month period of the term. Tenant can request documentation supporting the justification of additional basic rent charges. Failure of Landlord to demand payment of additional rent to cover increased operating costs shall not constitute a waiver of Landlord’s right to claim such additional rent in the future, but no assessment of additional rent under this Section shall be made prior to the end of any twelve (12) month period or be made retroactively. In the event Tenant elects to use Landlord’s instructional facilities beyond the area covered by this lease, use will be permitted on a space available basis at the prevailing rental rate customarily charged by the Landlord for said use.
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ARTICLE 4: USE OF PREMISES
Tenant will use the Leased Premises only for the purpose of activities related to the operation of a Head Start Program.
This Lease includes the right of Tenant to use the Common Building Facilities in common with Landlord and other tenants of the building, if any. “Common Building Facilities” shall mean all of the facilities in or around the Building designed and intended for use by Tenant in common with Landlord and others using the Building, including corridors, elevators, fire stairs, aisles, walkways, restrooms, service areas, lobbies, landscaped areas and all other common areas intended for such use.
ARTICLE 5: BUILD-OUT AND ALTERNATIONS
Section 5.01: Build-out All leasehold build-out expenses including, but not limited to electrical, HVAC and technology as well as securing all required building permits or approvals shall be the responsibility of the Tenant. All leasehold improvements and designs shall be approved by the Landlord, which approval shall not be unreasonably withheld.
Section 5.02: Alterations With written approval by Landlord and at Tenant’s cost, Tenant shall have the right to make such alternations and modifications to the Leased Premises as Tenant may deem desirable.
ARTICLE 6: MECHANIC’S LIENS
Tenant will not permit any mechanic’s lien to be filed against the Tenant’s leasehold interest in the Leased Premises. If any mechanic’s liens are so filed, Landlord shall notify Tenant which shall, within sixty (60) days thereof, pay and satisfy and such lien. If Tenant fails to pay and satisfy such liens within sixty (60) days, Landlord, at its election, may pay and satisfy the same and the amount thereof shall be due and payable by Tenant at once as additional rent.
ARTICLE 7: SIGNAGE
Landlord shall permit Tenant, at Tenant’s expense and as allowed by local zoning ordinances, to erect and install a sign with the design approval of the Landlord on or immediately adjacent to the present CCBC signage located at the intersection of Brodhead Road and Campus Drive as well as the CCBC signage located at the intersection of Campus Drive and Popular Drive. Landlord shall also permit Tenant, at Tenant’s expense, to install signage approved by the
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Landlord on the Building. The aforesaid design and location of Tenants signage is subject to the approval of the Landlord.
ARTICLE 8: PARKING Landlord shall provide on campus parking to tenant, its employees and invitees on the grounds of the Campus.
ARTICLE 9: MAINENANCE OF LEASED PREMISES
Section 9.01: Landlord’s obligation Landlord shall provide janitorial service, maintain, repair and replace, as necessary, and keep in good order, safe and clean condition (1) plumbing, sprinkler, HVAC and electrical and mechanical lines and equipment associated therewith, utility and trunk lines, tanks and transformers, elevators, broken or damages glass and damage by vandals, including those providing service to the Leased Premises; (2) interior and exterior structure of the Building, including the roof, exterior walls, bearing walls, support beams, floor slabs, foundation, support columns: (3) improvements to the land, including shrubbery, landscaping and fencing, if any: and (4) the Common Building Facilities located within and outside the Building, including the common entrances, corridors, interior and exterior doors and windows, stairways, restroom facilities and access ways. Landlord will comply with all federal, state, and local laws, rules, orders, statues, ordinances and regulations (collectively the “laws”) at any time issued or enforced by any lawful authority, applicable to the Tenant’s use of the Leased Premises
At any time whether voluntarily or pursuant to governmental requirements, Landlord may, at its cost, make repairs and improvements in or to the Building or any part thereof, including the Leased Premises. Landlord shall avoid interference with Tenant’s use and enjoyment of the Leased Premises or Building. In the event such repairs and improvements interfere with Tenant’s use and enjoyment of the Leased Premises or building, Landlord shall, upon notice by Tenant, undertake reasonable measures to abate such interference. In no event shall rent or other monetary obligations hereunder of Tenant be suspended, reduced, abated or otherwise affected unless such repairs or improvements cause the Leased Premises to be un-tenantable in whole or part. Upon that event, Tenant’s rent obligation will be prorated.
Section 9.02: Tenant’s Obligations Tenant shall maintain and repair and otherwise keep in good order, the Leased Premises. Tenant agrees to take good care of the Leased Premises, including all alterations, additions, and improvements thereto, and the Common Building Facilities. Tenant agrees to repair all damage to the Leased Premises or Common Building Facilities resulting from the negligent or willful acts or omissions of Tenant, its employees, agents, contractors, or invitees. Tenant will comply with all federal, state, and local laws, rules, orders, statues, ordinances and regulations
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(collectively the “laws”) at any time issued or enforced by any lawful authority, applicable to the Tenant’s use of the Leased Premises.
Section 9.03: Condition at Surrender Upon termination of this lease, Tenant shall surrender the Leased Premises in the same condition as existed at the commencement of the term, except for normal wear and tear and damage caused by the elements, casualty, or any other cause for which Tenant might not be liable. Any damage to the Leased Premises resulting from the removal of Tenant’s equipment, trade fixtures, furniture or furnishings shall be repaired by Tenant at Tenant’s expense.
ARTICLE 10: TAXES
Landlord shall pay all real estate taxes, assessments, and any other charges, if any, that may be levied, assessed or charged against the building.
ARTICLE 11: DAMAGE OR DESTRUCTION
If the Building shall be damaged by fire, the elements, or other casualty, but is not thereby rendered un-tenantable in whole or in part, Landlord shall, with reasonable dispatch, cause such damage to be repaired, and Tenant’s rent shall not be abated. If by reason of such occurrence, the Leased Premises shall be rendered un-tenantable only in part, Landlord shall, with reasonable dispatch, cause the damage to be repaired, and the rent shall be abated proportionately as to the portion of the Leased Premises rendered un-tenantable for such time as the Leased Premises remains un-tenantable. If by reason of such occurrence, the Building shall be rendered wholly un-tenantable, Landlord shall, with reasonable dispatch, cause such damage to be repaired, and the rent shall be abated in whole until the Building is restored, unless within sixty (60) days after such occurrence either party may give the other written notice that it has elected to terminate the Lease, in which event this Lease and the tenancy hereby created shall cease and Tenant’s rent obligation abate as of the day of such occurrence.
If Tenant or Tenant’s students, employees or visitors damage the Leasehold Premises, Tenant shall be responsible for repairing such damages except to the extent covered by Landlord’s insurance.
ARTICLE 12: INSURANCE
Section 12.01: Landlord’s Insurance Landlord shall carry (through the purchase of insurance policies or a self-insurance plan) the commercial general liability insurance on the building with minimum limits for bodily injury or
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death and property damage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate.
Section 12.02: Tenant’s Insurance Tenant shall maintain during such times as Tenant occupies the Premises, Commercial General Liability Insurance on the Premises with minimum bodily injury of death and property damage of One Million Dollars($1,000,000) per occurrence and Two Million dollars ($2,000,000) general aggregate and Workers Compensation Insurance in statutory limits for all employees.
ARTICLE 13: DEFAULT
Section 13.01: Default by Tenant The occurrence of any one or more of the following events shall constitute a breach of this Lease by Tenant:
a) failure by Tenant to make any payment of rent or any other payment required to bemade by Tenant hereunder, as and when due, where such failure shall continue for aperiod of ten (10) days after receipt of written notice thereof to Tenant fromLandlord;
b) failure by Tenant to observe or perform any of the covenants, conditions or provisionsfor this Lease where such failure shall continue for a period of thirty (30) days afterreceipt of written notice from Landlord; provided however, that if the nature of theTenant’s default is such that cannot be cured solely by payment of money and thatmore than thirty (30) days may be reasonably required for such cure, Tenant shall notbe deemed to be in default if Tenant shall commence such cure within such thirty (30)day period and shall thereafter diligently prosecute such cure to completion: and,
Section 13.02: Default of Landlord The failure of Landlord to observe or perform any of the covenants, conditions or provisions of this Lease where such failure shall continue for a period of thirty (30) days after receipt of written notice thereof from Tenant; provided however, that if the nature of the Landlord’s default is such that more than thirty (30) days maybe reasonably required for such cure, Landlord shall not be deemed to be in default if Landlord shall commence such cure within such thirty (30) day period and shall thereafter diligently prosecute such cure to completion.
Section 13.03: Waiver of Default The waiver by either party of any default, violation or breach of any of the terms, provision, or covenants contained in this lease, or the failure of either party to take timely action in connection with any default, violation or breach of this Lease shall not be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions, and covenants of the lease.
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ARTICLE 14: REMEDIES
Section 14.01: Landlord’s Remedies In the event of any material breach of this Lease by Tenant, Landlord, in addition to other rights or remedies it may have, shall have the right to terminate this Lease upon thirty (30) days written notice to tenant, and thereafter, the right to re-enter upon and take possession of the property and Landlord may remove all persons and property from the Leased Premises. All property removed from the Premises shall be stored in any other reasonably secure place in the Building. In addition to taking possession of the leasehold premises upon material breach of this lease by the tenant, the landlord may accelerate the remaining payments due under this lease and/or any extension period if exercised thereunder, and the tenant shall be liable to the landlord for the total sum of the remainder of the aforesaid accelerated payments. It is understood that these accelerated payments shall not constitute a penalty or forfeiture or liquidated damages. Rather, these accelerated payments shall merely constitute payment in advance of the rent for the remainder of the term.
Section 14.02: Tenant’s Remedies In the event of any material breach of this Lease by Landlord, Tenant, in addition to other rights or remedies it may have, Tenant, at tenant’s sole option, may withhold rental payment and/or perform such obligations of Landlord and invoice Landlord for all reasonable costs of expenses incurred in performing such obligations.
Section 14.03: Attorney’s Fees If, as a result of a breach of this agreement by either party, the other party employs an attorney or attorneys to enforce its rights under this lease, then the breaching or defaulting party agrees to pay the other party the reasonable attorneys’ fees and costs incurred to enforce the lease.
ARTICLE 15: LANDLORD’S AUTHORITY AND QUIET ENJOYMENT
Landlord covenants and represents that it has full and complete authority to enter into this Lease under all terms, conditions and provisions set forth herein, and so long as Tenant keeps and performs each and every term, provision and condition herein contained on the part of
Tenant, Tenant shall peacefully and quietly enjoy the Leased Premises without hindrance by Landlord or by any other person claiming by, through or under Landlord.
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ARTICLE 16: NOTICES
All notices to be given under this agreement shall be sent U.S. Registered Mail, return receipt requested to the following addresses:
TO LANDLORD: TO TENANT:
President Private Industry Council Community College of Beaver County ATTN: Tim Yurcisin 1 Campus Drive 219 Donohoe Rd. Monaca, PA 15061 Greensburg, PA 15601
Any notices shall be deemed to have been given on the date set forth on the Registry Receipt given to the sender at the time of mailing.
Either party may change the address to which notices are to be sent by giving the other party notice of the new address in the manner provided in this section.
ARTICLE 17: AGREEMENT BINDING
This agreement shall be binding on, and inure to the benefit of, the parties to the agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this agreement. Nothing in this lease shall be construed to authorize the tenant to assign its right, title, interests or obligations under this lease as such assignment is specifically prohibited unless authorized in writing, in advance, by the landlord. This prohibition is not penal in nature, rather, it is in recognition of the fact that the leased premises are located in the landlord’s Student Services Center and the landlord reserves the right to choose tenants that the landlord deems compatible with landlord’s vision and business purposes.
ARTICLE 18: HOLD HARMLESS
Landlord shall not be liable to Tenant or to Tenant’s agents, employees, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant, its agents or employees, and Tenant agrees to indemnify and hold Landlord harmless from all liability and claims for any such damage.
Tenant shall not be liable to Landlord or to Landlord’s agents, employees, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord, its
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agents or employees, and Landlord agrees to indemnify and hold Tenant harmless from all liability and claims for such damage.
ARTICLE 19: CHOICE OF LAW AND RULE OF CONSTRUCTION
This agreement shall be construed under and in accordance with the laws of the State of Pennsylvania. Should any provisions of this Lease require judicial interpretations, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms of any such provision shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed most stickily against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties hereto have participated in the preparation of this Lease. The parties agree that any/all legal or equitable actions that may be filed and litigated as a result of the within lease shall be filed and litigated in the Court of Common Pleas of Beaver County, Pennsylvania.
ARTICLE 20: PARAGRAPH CAPTIONS
The captions of articles and sections contained herein are for convenience only and do not limit or amplify the terms and conditions of this Lease.
ARTICLE 21: ENTIRE AGREEMENT
Landlord and Tenant agree that this document represents the entire agreement and there are no oral or written agreements or representations between Landlord and Tenant regarding the Premises except as expressly set forth herein. No amendment or modification of this Lease will be binding upon Landlord or Tenant unless in writing and signed by each party. Tenant acknowledges that it has not entered into this Lease in reliance upon any representation, warranty or agreement except as expressly set forth in this Lease.
ARTICLE 22: PARTIAL INVALIDITY
If any provision of this Lease is held to any extent invalid or unenforceable, the remainder of this Lease will not be affected and will remain in full force and effect.
ARTICLE 23: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.
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IN WITNESS WHEREOF, each party hereto has caused this Agreement to be signed by its duly authorized representative.
PRIVATE INDUSTRY COUNCIL COMMUNITY COLLEGE OF BEAVER COUNTY
________________________________ ___________________________ Tim Yurcisin President
Dr. Roger Davis President
________________________________ ____________________________ Date Date
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Page 1
Miles 195.60 0.545 106.60
130.40 0.545 71.07
32.00 0.545 17.44
Units Multiplier RateBilled
Amount
REIMBURSABLE EXPENSES subtotal 195.11
REIMBURSABLE EXPENSES
Invoice total 62,285.11
17056-4 03/22/2018 39,535.27 39,535.27
17056-5 04/25/2018 62,285.11 62,285.11
Total 101,820.38 62,285.11 39,535.27 0.00 0.00 0.00
Aging Summary
Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120
GROUND FLOOR CORRIDOR AND ENTRY IMPROVEMENTS
20,150.00 80.00 0.00 16,120.00 16,120.00
STAIR TOWER ENCLOSURE ON GROUND AND FIRST FLOOR
25,200.00 50.00 0.00 12,600.00 12,600.00
EXPANSION OF GROUND FLOOR CONFERENCE CENTER
40,400.00 20.00 0.00 8,080.00 8,080.00
Construction Administration 23,600.00 0.00 0.00 0.00 0.00
Bidding/Negotiating 3,165.00 0.00 0.00 0.00 0.00
Construction Documentation 50,580.00 90.83 20,650.00 45,940.00 25,290.00
Design Development 25,960.00 100.00 25,960.00 25,960.00 0.00
Schematic Design and Programming 23,600.00 100.00 23,600.00 23,600.00 0.00
Total 212,655.00 62.21 70,210.00 132,300.00 62,090.00
DescriptionContract Amount
Percent Complete
Prior Billed
Total Billed
Current Billed
Renaissance 3 Architects, LLC48 South 14th StreetPittsburgh, PA 15203412-431-2480
PROFESSIONAL FEES
Community College of Beaver County (CCBC)1 Campus DriveMonaca, PA 15061Scott Monit
Invoice number 17056-5Date 04/25/2018
Project 17056 COMMUNITY COLLEGE OF BEAVER COUNTY (CCBC) LEARNING RESOURCES CENTER
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Presentation of New or Revised Policy
Policy Name Sponsored Programs Travel Policy
Policy Number 5.05.001
All travel costs charged to grants and contracts must be reasonable and comply with policies established
by Community College of Beaver County, the sponsoring agency, and the Uniform Guidance. Travel
policies of federal and nonfederal sponsors vary. The specific terms and conditions of an award must be
consulted before making any travel arrangements. In the event there is a conflict between a sponsor's
rule and CCBC’s rule, the more restrictive rule applies. When in doubt, the traveler should consult the
Financial Officer or Research Administrator.
The Uniform Guidance 2 CFR 200.474 addresses travel expenses specifically and this policy is designed
to comply with the required standards. An individual's travel can only be paid on a federally‐sponsored
award if the participation of the individual is necessary for the award and the costs are a direct results of
the individual's travel for the federally sponsored award. Documentation should be maintained clarifying
why the particular person is traveling, why the travel is necessary and how it benefited the project.
In the event that the trip is completed in the last month of a sponsored agreement, expenses must be
submitted within 30 calendar days of trip completion to allow for submission of the final financial
report.
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Presentation of New or Revised Policy
Policy Name Subawards and Subcontracts Policy
Policy Number 5.05.002
DEFINITION OF TERMS:
Federal Financial Assistance Award ‐ The legal instrument issued by a Federal awarding agency to
provide financial assistance to a non‐Federal entity in support of a public purpose. See Uniform
Guidance 2 CFR 200.51 (Grant agreement), 2 CFR 200.24 (Cooperative agreement), and 2 CFR 200.40
(Federal financial assistance).
Federal Contract ‐ The legal instrument issued by a Federal awarding agency under the Federal
Acquisition Regulation to enter into a procurement relationship with a non‐Federal entity.
Subaward ‐ The legal instrument issued to a lower‐tier collaborator under a Federal Financial Assistance
Award. The recipient of a subaward is called a Subrecipient.
Subcontract ‐ The legal instrument issued to a third party under a Federal Contract to perform a portion
of the programmatic effort. The recipient of a subcontract is also called a Subrecipient.
Purchased Services Contract – The legal instrument issued to a vendor to perform routine services. Such
services are typically commercial and provided within the vendor's normal business operations. The
recipient of a Purchased Service Contract is called a Contractor. (See Uniform Guidance 2 CFR 200.23 for
further definition of Contractor.)
POLICY STATEMENT:
CCBC must make a case‐by‐case determination whether each agreement it makes for the disbursement
of Federal program funds casts the party receiving the funds in the role of a Subrecipient or a
Contractor. In general terms, Subrecipients are collaborators who contribute to programmatic decision
making, whereas Contractors are vendors who provide routine services on a commercial basis. More
guidance on this distinction can be found at Uniform Guidance 2 CFR 200.330.
The Office of Sponsored Programs (OSP) issues Subawards to Subrecipients performing collaborative
effort under Federal Financial Assistance Awards. OSP issues Subcontracts to Subrecipients performing
collaborative effort under Federal Contracts. All such Subawards and Subcontracts must be requested
through the Office of Sponsored Programs (OSP), which is responsible for the negotiation of terms and
conditions. Prior to issuing a Subaward or Subcontract, OSP must perform a risk assessment to evaluate
whether the proposed Subrecipient has the demonstrated ability to perform its portion of the work in
compliance with federal terms and conditions. Once issued, Subawards and Subcontracts must be
monitored by the Principal Investigator.
CCBC may sometimes issue Subawards and Subcontracts under non‐Federal funds. CCBC applies the
same basic procedures outlined above for such arrangements. CCBC Finance Office is responsible for the
issuance of Purchased Services Contracts (via purchase orders).
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Presentation of New or Revised Policy
Policy Name Sponsored Programs Stewardship Policy
Policy Number 5.05.003
Community College of Beaver County recognizes that management of sponsored programs is a
collaborative effort. All individuals involved in sponsored programs are expected to have read and
understood all applicable policies and procedures Below are the responsibilities for each of the positions
involved with the management of sponsored programs:
PRINCIPAL INVESTIGATOR: It is the Principal Investigator's (PI) responsibility to conduct and complete
the scientific and scholarly work, submit satisfactory reports, meet the sponsor's application guidelines,
oversee all aspects of subawards and subcontracts including the monitoring of the programmatic and
financial performance and progress, and certify that terms and conditions of the award are fully met.
The PI is responsible for all financial aspects of the award including the resolution of unallowable
expenditures or over‐expenditures. The PI also needs to ensure that all costs are reasonable, allocable,
allowable and in compliance with sponsor requirements and regulations. This includes the confirmation
of effort performed on the award, as well as justification of all costs charged to the award as required
and part of the original proposal.
ADMINISTRATIVE SUPPORT STAFF: In providing support to the PI, administrative support staff is
responsible for assuring that adequate justification and documentation is provided for all expenditures,
including labor costs and transfers.
DEAN OR BUDGET ADMINISTRATOR: In his/her capacity as an academic administrator, the dean is
responsible for the activities in that dean’s unit. As related to sponsored projects, the dean is
responsible to ensure that the PI is eligible to apply for funds and that the activity is appropriate and fits
within the academic mission of the school.
FINANCIAL OFFICER: The College’s Financial Officer, or his/her designee, is responsible for review and
approval of expenditures to ensure that they are reasonable, allocable, allowable based on CCBC costing
policies, and consistently applied. The Financial Officer, or his/her designee, also must ensure that all
College policies and procedures are followed.
OFFICE OF SPONSORED PROGRAMS: The Office of Sponsored Programs is responsible for reviewing
grants and contracts, identifying problematic clauses, negotiating acceptable terms and conditions, and
implementing special compliance requirements. The Office of Sponsored Programs also reviews
proposal submissions to ensure that representations and certifications are accurate and consistent with
sponsor guidelines and CCBC’s policies. In providing administrative support, the Office of Sponsored
Programs is responsible for reviewing sponsor guidelines and working with the PI to submit an accurate
and complete proposal. When awarded, Sponsored Programs coordinates with Finance to set up the
accounting information for the project and tracks its activity through the closeout of the award. He or
she also assists the PI with rebudgeting and adjustments as required.
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RESEARCH PROTECTION: The Office for Provost is responsible for reviewing projects involving human
subjects, animal subjects, radioisotopes, biohazards, and financial conflicts of interest.
COMPLIANCE:
False Claims Act (FCA)
The False Claims Act (FCA) (US Code: 31 USC 3729) makes it a crime for any person or organization to
knowingly make a false record or file a false claim with the government for payment. This Act was
further expanded through The Fraud Enforcement and Recovery Act of 2009 (FERA) (Public Law 111‐21).
These and related amendments are applicable to the administration of federally sponsored research,
and impose liability on any person who knowingly:
submits a false or fraudulent claim for payment,
causes such a claim to be submitted for payment,
makes, uses, or causes to be made or used a false record or statement material to a false or
fraudulent claim,
conspires to get such a claim paid or approved, or
makes a false record or statement to conceal or avoid an obligation to pay money to the
government.
Those managing federally sponsored awards, especially Principal Investigators, are subject to the False
Claims Act and can be criminally prosecuted for mismanagement of federal funds. Therefore, those
managing these funds must take responsibility for understanding costing policies and the impact on
their specific sponsored awards.
Specific Issues Relating to Allocation of Costs
PIs and others with responsibility for sponsored research need to be aware that:
Any costs allocable to a sponsored project may not be shifted to another sponsored project in order to
meet deficiencies caused by cost overruns, to avoid restrictions imposed by law or terms of the
sponsored project, or for other reasons of convenience, even on a temporary basis. In addition, any
costs allocable to activities sponsored by industry, foreign governments, or other sponsors may not be
shifted to another sponsored project. PIs must ensure that costs which benefit multiple projects are
properly allocated to all projects based on a reasonable allocation method.
When managing multiple awards, utmost care must be given to manage each award separately, and not
to view the various sponsored awards as one large award pool. Generalized costs allocable to different
awards cannot be paid on one award one time and a different award the next time – the costs need to
be allocated based on usage or another reasonable method for each incurred transaction. The College’s
accounting system allows for the allocation of costs to multiple awards at the time of the transaction.
Reporting Non‐Compliance
Anyone involved in sponsored award administration who believes that a non‐compliance issue has
arisen must contact the Sponsored Programs Officer, Financial Officer or the Provost. PIs and Co‐PIs
have the primary responsibility for assuring that all costs charged to the sponsored award are related to
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the project. The PI should consult with the Sponsored Programs Officer and/or Financial Officer
regarding any questions about costing policies or specific award compliance issues.
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Presentation of New or Revised Policy
Policy Name Costing Principles for Sponsored Programs Policy
Policy Number 5.05.004
FEDERAL POLICY:
As a condition of receiving federal grants and contracts, Community College of Beaver County agrees to
follow federal policies, including 2 CFR Part 200 ‐ UNIFORM ADMINISTRATIVE REQUIREMENTS, COST
PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS, also referred to as the Uniform
Guidance. The Uniform Guidance, specifically Subpart E – Cost Principles, provides detailed
requirements regarding costs on sponsored awards as well as definitions of direct, indirect, allowable
and unallowable costs. In addition, the Uniform Guidance requires that Universities comply with certain
regulations, including Title 48: Federal Acquisition Regulations System, Part 9905 ‐ Cost Accounting
Standards (CAS) for Educational Institutions:
CAS 9905.501 – Consistency in Estimating, Accumulating and Reporting Costs
o PIs and administrative support staff must ensure compliance by maintaining consistency
in the manner in which proposal budgets are prepared and how the funds are budgeted
and expenses accounted for during the life cycle of the award.
CAS 9905.502 – Consistency in Allocating Costs Incurred for the Same Purpose
o CCBC complies by ensuring costs incurred for the same purpose, in similar
circumstances, are treated consistently in our accounting system.
CAS 9905.505 –Accounting for Unallowable Costs
o PIs and administrative support staff must ensure that costs defined as "unallowable" are
not directly charged to Federal projects.
CAS 9905.506 – Cost Accounting Period
ALLOWABLE, ALLOCABLE, AND REASONABLE:
Allowable Costs:
Allowable costs are specifically related to the sponsored agreement, benefit the sponsored agreement
in the proportion to the amount charged, and conform to the policies and procedures of CCBC. The costs
must be necessary for the performance of the project.
A particular cost may be allowable on one project, where it is specifically needed for performance, but
unallowable on another project where no similar performance requirement exists.
Detailed factors affecting the allowability of costs are outlined in Uniform Guidance 2 CFR 200.403.
These factors include:
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Costs must be necessary and reasonable
Costs must be given consistent treatment
Costs must conform to any limitations or exclusions set forth in the sponsored agreement or in
the Federal Cost Principles (See Uniform Guidance 2 CFR 200.420 Considerations for selected
items of cost)
Costs cannot be included as a cost or used to meet cost sharing or matching requirements for
any other federally‐financed program.
Cost must be adequately documented.
It is the purpose of the charge, not necessarily the type of charge that determines its allowability.
Allocable Costs:
Allocable costs are those that provide direct benefits to the project and can be specifically identified to
that project with a high degree of accuracy.
The detailed criteria to meet the allocability standard are available in the Uniform Guidance ‐ §200.405
Allocable costs. A cost is allocable to a sponsored agreement if:
Is incurred solely to advance the work funded under the sponsored project;
Benefits both the sponsored project and other work of CCBC in proportions that can be clearly
documented through reasonable methods.
A cost may also be allocable to multiple projects. It is important that the costs be allocated appropriately
across all projects which benefit. It is not appropriate to charge all of the cost of an item to one
sponsored award if it benefits more than one award– each cost needs to be allocated based on how it
benefits the various projects. Per Uniform Guidance 2 CFR 200.405‐(d)
Direct cost allocation principles. "If a cost benefits two or more projects or activities in proportions that
can be determined without undue effort or cost, the cost should be allocated to the projects based on
the proportional benefit. If a cost benefits two or more projects or activities in proportions that cannot
be determined because of the interrelationship of the work involved, then ... the costs may be allocated
or transferred to benefitted projects on any reasonable documented basis. Where the purchase of
equipment or other capital asset is specifically authorized under a Federal award, the costs are
assignable to the Federal award regardless of the use that may be made of the equipment or other
capital asset involved when no longer needed for the purpose for which it was originally required."
Some costs may only partially benefit a sponsored award – in such cases, the costs should be allocated
to the sponsored award based only on the percentage of benefit derived from that cost item, with the
balance of the cost charged to an appropriate non‐sponsored account.
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The Uniform Guidance also discusses transfers of costs under the allocability standard:
Uniform Guidance 2 CFR 200.405‐(c) ‐ Any cost allocable to a particular Federal award under the
principles provided for in this part may not be charged to other Federal awards to overcome fund
deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of
the Federal awards, or for other reasons. However, this prohibition would not preclude the non‐Federal
entity from shifting costs that are allowable under two or more Federal awards in accordance with
existing Federal statutes, regulations, or the terms and conditions of the Federal awards.
In other words, costs which are truly allocable to an award may be transferred or shifted if allowable
under the award to which it is being transferred, but cost overruns may not be transferred to another
federal award.
Reasonable Cost:
Reasonable costs reflect the actions a prudent person would take at the time the decision was made to
incur the costs. Reasonable costs are those that are generally recognized as necessary for the success of
the sponsored agreement and are consistent with the sponsor requirements and CCBC policy.
The detailed considerations to determine reasonableness of a given cost are available in the Uniform
Guidance 2 CFR 200.404 ‐ Reasonable costs. A cost is considered reasonable if:
It is generally recognized as ordinary and necessary for the performance of the sponsored
project;
It does not exceed that which would be incurred by a prudent person in the conduct of business;
in other words, would this cost be reasonable if being paid personally? Does it compare to
market prices for comparable goods and services?
It meets the requirements imposed by Federal and State regulations, terms and conditions of a
sponsored agreement, or agency guidelines;
The individuals acted with prudence in considering their responsibilities to CCBC, its employees,
its students, State or Federal Government, and the public at large; and
The actions taken to incur the cost are consistent with established institutional policies and
practices applicable to the work of the institution generally and inclusive of sponsored projects.
DETERMINATION STRATEGY:
When incurring costs against sponsored awards the PI, with assistance from the administering staff,
must ensure only allowable, allocable, and reasonable costs are charged to sponsored agreements. To
determine whether a particular cost is allowable, allocable and reasonable, apply the "prudent person"
test. If the answer to any of the following questions is "no," then the costs should not be charged to a
sponsored award:
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Is the cost necessary for the performance and/or successful completion of the technical scope of
the project?
Is the cost to be charged reasonable?
o Could you comfortably explain to someone outside the College why this item was
charged to your project?
o Is charging this expense consistent with CCBC policies?
The primary question to ask in making a determination as to whether a particular cost is allowable,
allocable and reasonable is: Does the cost benefit the project?
Several documents are available which in most circumstances will provide a measure of confidence as to
whether a certain expense is allowable, allocable, and reasonable.
The agency‐approved budget for the project. The allowability of a cost is first determined by
examining the budget that the agency approved for the project. Does the proposed expense
show up under a line item of the budget? If the item does not appear in the budget, then other
reviews must be conducted to determine if the item is allowable under rebudgeting authority
that may be granted in the situation, or if the item may be allowable if prior approval is obtained
in writing from the agency. If the budget has not been incorporated into the award document,
then allowability must be determined in accordance with allowable cost principles of the
agreement (Uniform Guidance 2 CFR 200 Subpart E – Cost Principles), plus agency
deviations).NOTE: Any approval from an agency regarding costs must be coordinated through
the appropriate Research Administrator for the sponsor. Technical contacts do not have the
authority to make decisions regarding the allowability of costs. The Sponsor's Research
Administrator can ensure that the appropriate administrative authority of the sponsor is
contacted and that written approval is received before determination is made that a cost is
allowable, allocable and reasonable.
The award document issued by the sponsor. Allowability of certain costs may be addressed
within the award document or the contract/agreement issued for the sponsored project. For
example, grant awards may identify certain costs that are specifically unallowed by the agency
based upon recommendations from the peer review system.
Agency Guidelines on award administration. Even if the type of expense proposed appears on
the budget, the specific expense may not be allowable. Most Federal agencies have guidelines
for administering grants. These guidelines give direction on the allowability of certain costs. For
example, travel costs may appear in the budget, but the specific cost for airfare to Europe for a
meeting may require prior approval according to the guidelines of the specific sponsoring
agency.
Uniform Guidance. The OMB Uniform Guidance Subpart E – Cost Principles details types of costs
which are and are not allowable and must be followed for all federal awards.
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DIRECT VS. INDIRECT (F&A) COSTS:
Direct Costs
Direct costs are those expenses that are essential to the conduct of sponsored institutional activities and
which can be readily attributed and directly charged to specific individual projects. They include
expenditures for such items as personnel (salaries and fringe benefits), supplies, equipment, travel and
other direct costs necessary for conducting the sponsored activity. See Uniform Guidance 2 CFR 200.413
Direct Costs.
Indirect Costs ‐ Facilities & Administrative Costs (F&A)
Facilities and administrative (F&A) costs (also referred to as indirect costs or overhead) are those
expenses that are essential to the conduct of sponsored institutional activities but which cannot be
readily attributed and directly charged to specific individual projects. (See Uniform Guidance 2 CFR
200.56, 2 CFR 200.414.)
Determination of Direct vs. F&A
Determining if a cost should be included as a direct cost must be done at the proposal stage. There are
certain departmental costs which are included as F&A, and therefore, should not be included as a direct
cost. PIs should work closely with the Sponsored Programs Officer to ensure that costs normally
considered F&A are not included as direct costs in a proposal, unless there is a compelling reason to do
so.
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Presentation of New or Revised Policy
Policy Name Participant Support Policy
Policy Number 5.05.005
Funds identified as "participant support costs" are those costs paid to (or on behalf of) participants in
meetings, conferences, symposia, seminars and workshops, if allowed in the award budget. Participant
support costs are intended to support students and other trainees. Participant support costs may not be
paid to individuals providing administrative or logistical support, individuals attending the conference as
invited speakers or research subjects participating in a study.
Per the Uniform Guidance: Participant support costs means direct costs for items such as stipends or
subsistence allowances, travel allowances, and registration fees paid to or on behalf of participants or
trainees (but not employees) in connection with conferences, or training projects (2 CFR 200.75).
Participant support costs are allowable with the prior approval of the Federal awarding agency (2 CFR
200.456).
Participant support costs are excluded from MTDC (2 CFR 200.68), thus F&A is not assessed on
participant support costs (unless the budget is being calculated on a TDC or Total Cost basis.) There is no
special object code associated with participant support costs, since such costs can be associated with
travel, stipends, registration fees, etc. Thus, it is generally necessary to establish separate accounts, one
for the participant support costs and one for all other costs.
The federal government also expects participant support costs to be accounted for separately.
According to the Uniform Guidance, grantees must request the Federal awarding agency's prior
approval before transferring funds budgeted for participant support costs to other categories of expense
(2 CFR 200.308(c)(5)). As a result, unused participant support costs are generally returned to the sponsor
rather than spent on other categories of cost.
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Community College of Beaver County Board of Trustees Regular Meetings 2018‐19 Recommended Schedule
Tuesday, August 21, 2018
Tuesday, September 18, 2018
Tuesday, October 16, 2018
Tuesday, November 20, 2018
Tuesday, January 22, 2019 *
Tuesday, February 26, 2019 *
Tuesday, March 19, 2019
Tuesday, April 16, 2019
Tuesday, May 21, 2019
Tuesday, June 18, 2019
Meetings begin at 6:00 p.m. in the Community Education Center Boardroom.
Executive sessions may convene, if needed, prior to the start of regular public meetings.
* Fourth Tuesday of the Month
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RESOLUTION 2018‐007
BE IT RESOLVED, by authority of the Community College Board of Trustees of the Community
College of Beaver County, and it is hereby resolved by authority of the same, that Dr. Roger W
Davis, who is the acting President of the above named body is authorized and directed to sign
any and all contracts, agreements, grants and/or licenses (hereinafter collectively referred to as
contract(s)) with the Pennsylvania Department of Education (Department); and
BE IT FURTHER RESOLVED, that the body consents to the use of electronic signatures by the above named individual and that no handwritten signature from the above named individual shall be required in order for any contract with the Department to be legally enforceable and that by affixing his/her electronic signature to an electronic file of the contract via the Department’s e‐grants system, the above designated authorized individual shall have effectively executed and delivered the contract, binding the Community College of Beaver County to comply with the terms of said contract; and
BE IT FURTHER RESOLVED, that no writing shall be required in order to make the contract valid
and legally binding, provided that the Department and all other necessary Commonwealth
approvers affix their signatures electronically and an electronically‐printed copy of the Contract
is e‐mailed or is otherwise made available to the body by electronic means; and
BE IT FURTHER RESOLVED, that the body will not contest the due authorization, execution, delivery, validity or enforceability of the electronic Contract under the provisions of a statute of frauds or any other applicable law. The Contract, if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form and the admissibility thereof shall not be contested under either the business records exception to the hearsay rule or the best evidence rule; and
BE IT FURTHER RESOLVED, that the body will notify the Department’s Bureau of Management Services promptly in the event that the above named individual is no longer authorized to execute agreements on behalf of the body electronically and that the Department shall be entitled to rely upon the above named officer’s authority to execute agreements electronically on behalf of the body until such notice is received by the Department’s Office of Chief Counsel.
ATTEST
____________________________________ _________________________________ President/Chair or Vice‐President/Chair Treasurer/Secretary
__Robert Postupac, Chair_____________ __Stephen Robinson, Treasurer
Print/type name and title Print/type name and title
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I,_John Kochanowski__, Secretary, of _Community College of Beaver County Board of
Trustees_. Do certify that the foregoing is a true and correct copy of the Resolution adopted at a
regular meeting of the Community College of Beaver County Board of Trustees, held the
_19th__day of __June_, 2018_.
Dated: ______________________________ _______________________________________ Signature
John Kochanowski, CCBC Board of Trustees, Secretary Print/type name and title
TO BE EXECUTED BY AUTHORIZED OFFICER:
As the person authorized to sign on behalf of the above named body, I agree that I shall not provide any other person with my e‐grants password or otherwise authorize any other individual to affix my electronic signature to any agreement with the Department.
Dated: ______________________________ _______________________________________ Signature
__Roger W. Davis, Acting President_________________ Print/Type Name and Title
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Community College of Beaver County Report to the Board of Trustees June 2018 Vice President for Finance, Operations and Information Technology Mr. Glenn Natali
Finance
Senior team leaders from Baker Tilly joined the executive committee on June 6 to introduce their team,
discuss the scope of the upcoming audit, and share the audit the timeline. Tom Walenchok and Susan
Maloney’s presentation is included as part of this report. Audit fieldwork begins on June 25 and
financial aid testing occurs during the week of July 16. This places the process over a month ahead of
previous audit schedules. Tom and Susan, along with their colleague Nate Coblentz, will meet with the
Operations and Risk Management Committee in August to discuss the audit process in more detail,
review possible risk compliance subjects, and establish a review schedule for the committee.
The Business Office is busy working with schools and administrative departments across the College on the 2017‐18 year‐end expense closeout. The team’s outreach to the campus community to communicate year‐end deadlines helped place the process ahead of schedule. This work will culminate in an unaudited 2017‐18 financial report that Mr. Glenn Natali will present at the next Board meeting.
Mr. Natali and Ms. Andrea Mumma recently established automatic overdraft protection by linking the $3MM line of credit to the College operating bank account. There are a few times each year where the timing between tuition, state, and county cash flows requires the College to utilize a short‐term line of credit to cover cash needs. This usually happens each fall before tuition payments are due and later in the fiscal year when the College receives the last annual PDE payment. Using overdraft protection with the line of credit allows the College to draw down only what it needs, thereby saving interest charges on borrowed funds that may not be used. Cash flow projections for June suggest the College will need to do a short‐term draw down of approximately $200K, which will be fully payed back upon receipt of the $1.1MM PDE payment later in the month.
The College recently received a $906K payment from Pennsylvania for the Redevelopment Assistance Capital Program (RACP) grant expenses incurred in 2014 and 2015 and can now pay off the outstanding loan that has been accruing interest while awaiting the state approval process to be completed. The state holds back a 2.5% retainage ($23K) while they conduct an audit on the submitted, approved, final report documentation. Given the rigor of the document approval process before initializing payment, it is anticipated that the audit will not yield any findings. The retainage payment is expected sometime in July or August 2018. Special thanks to Mr. Scott Monit for continuing and finalizing the work he started back in Fiscal Year 2015‐16.
Facilities and Operations
The CCBC Facilities Master planning process has begun. Mr. Monit is leading the process beginning with
the creation of the Master Plan RFP Review and Selection Committee. The committee will consist of
representatives from the Board of Trustees Operations and Risk Management Committee,
administration, Facilities and Maintenance, Student Services, and faculty. The committee will be
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engaged throughout the master planning process. Their first assignment will be to meet in June to
finalize the RFP. They will then meet once or twice in July to interview firms and select a proposal. The
committee will also be tasked with outlining the deliverables and drafting the timeline for the process
through completion.
On Thursday, May 31, the College rebid the general contractor, plumbing, electrical, and HVAC contracts
for the Learning Resources Center Renovation. These contracts were rebid due to the lack of vendor
responses and exceedingly high costs received in April. After the Board approved to reopen the bidding,
Renaissance 3 Architects, P.C. and Eckles Construction worked together to revise the scope and
timeframe of the project to a mid‐October completion date. Based on feedback Eckles Construction
received after interviewing April bidders, extending the project into October will yield more responses
and more competitive pricing. Construction work must begin by the second week of July in order to
complete the project by October 15.
The new bids are due to the College on June 22. The architect and construction manager will review all
new bids to assess quality and pricing. A special Executive Committee meeting will be scheduled in June
to secure the Trustees’ approval of the selected vendors. Ratification will be requested at the August
Board meeting. In the meantime, a small crew from the Maintenance staff will complete the demolition
of the lower level of the Learning Resources Center. Maintenance personnel will remove ceiling tile and
carpet, saving the College an estimated $20,000, which will help preserve the design developed by the
architect.
Construction for Phase I of the Process Technology Lab Renovation remains on schedule and on budget.
All of the interior demolition is complete. The roof will be removed during the week of June 18 or 25
depending on the weather. Once the roof is removed, new steel will be set in place and raised to the
appropriate height. The project will culminate with the installation of the Pilot Plant on August 6. The
Lab will be fully operational and ready for students in the fall.
The Safety Committee completed nine consecutive months of meetings/training and received
certification from the Bureau of Worker’s Compensation from Pennsylvania. This work resulted in a 5%
discount from our insurance carrier.
Information Technology
After a long search, the ERP Programmer Analyst position was filled effective May 29. Mr. Zac Boettcher
brings considerable programming and database management skills to the position. The Systems
Operations department looks forward to fully integrating Mr. Boettcher into the team and including him
in important initiatives such as upgrading Jenzabar and working with OPAI team members on the data
needs of the College. In his first week on the job, Mr. Boettcher has shown remarkable progress
absorbing information and acclimating himself to CCBC systems. To support Zac and the College during
his onboarding process, Mr. Natali has extended our agreement with the part‐time ERP programmer,
Ms. Rose Whelpey, through the end of September.
The Associate Vice President of IT (AVP IT) hiring committee continues to make progress in their search
for this new position. This position was created with no budgetary impact by restructuring the co‐
director model. A new organizational chart is attached. Reporting directly to the Vice President for
Finance, Operations and Information Technology, the AVP IT will provide leadership and day‐to‐day
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management of the business, budget, operations, strategic planning, and governance functions of the IT
department. The committee reviewed nearly 30 resumes and selected 11 candidates for initial phone
interviews. The committee selected five finalists to come to CCBC for on‐campus interviews with the
committee and members of the IT department. The on‐campus interviews will be completed on June 18
and the AVP IT should be on site by the second week of July.
Congratulations are in order for Mr. Steve Turner, Network Manager, who became a first‐time dad on
May 24. Mr. Turner was on short‐term leave through June 15 to be with his wife and their new baby.
The CCBC Blackboard migration from a self‐hosted server to the cloud is officially complete. The
migration went according to schedule. Students and faculty had no trouble accessing summer courses
during the first week of the semester. The Blackboard team will now shift their focus to monitoring the
new environment, assisting faculty and students with adapting to changes on the site, and
troubleshooting user/technical issues in the new environment.
Under Mr. Ray Schweinberg’s direction, the configuration of the Help Desk team’s workspace will
undergo changes starting this summer. Mr. Schweinberg will work with facilities and maintenance to re‐
organize the Help Desk area to create a more customer centric workspace using similarly sized college IT
help desk setups as benchmarks. The area will be decluttered; workstations will be re‐arranged to make
technicians more available to clients; cubicle walls will come down, and a counter will be installed. Mr.
Schweinberg will hire work‐study students who will greet guests, operate the phones, and provide light
administrative support for the technicians. These physical changes to the workspace will be complete
before the fall semester begins. Meanwhile, the technicians will use the summer to install new
projectors in the Health Sciences Center and selected conference rooms across the College; evaluate all
remaining classroom projectors/podiums; and prepare for the faculty refresh.
Mr. Schweinberg is also analyzing Track‐It service tickets to quantify ticket assignments, response
efficiency, and technician productivity. He will use this data to establish productivity benchmarks for
each technician and will assess performance using these quantitative measures. This activity will serve
as a baseline for FTE productivity and will help the AVP IT and the Vice President of Finance, Operations
and Information Technology more effectively manage department resources.
The Systems Operations department is currently implementing project plans for a series of new
initiatives rolling out in FY2018‐19 including the Jenzabar upgrade and operationalizing phase II of the
Office 365 migration.
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Baker Tilly refers to Baker Tilly Virchow Krause, LLP,an independently owned and managed member of Baker Tilly International.
Community College of Beaver CountyExecutive Committee Presentation
June 6, 2018
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2
Agenda
> 2018 Audit Scope and Timing> Future Accounting Standards> Tax Reform> Industry Trends and Updates> Open Discussion
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3
Audit scope and timing –Deliverables
Deliverable 1
Audited Financial Statements of Community College of Beaver County for the year ended June 30, 2018 in accordance with Generally Accepted Auditing Standards in US and Government Auditing Standards
Deliverable 2
Report on Federal Awards in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements (Uniform Grant Guidance)
Deliverable 4
Agreed-upon procedures required by Pennsylvania Department of Education for community colleges
Deliverable 3
Audited Financial Statements of Community College of Beaver County Foundation for the year ended June 30, 2018 in accordance with Generally Accepted Auditing Standards
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4
Audit scope and timing -Deliverables (continued)
> Other Deliverables:− AU-C 260 Letter, Communications to Those Charged With Governance− AU-C 265 Letter, Internal Control Related Matters (if applicable)− Management Letter (if applicable)
> Nonaudit Services:− Preparation of financial statements, including adjusting journal entries
Preparation of auditee portion of data collection form
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Audit scope and timing – staffing
Dave CapitanoRelationship Partner and National Practice Leader,Higher [email protected]
Susan MaloneyAssurance Senior [email protected]
Tom WalenchokAssurance [email protected]
Nate CoblentzAssurance [email protected]
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6
Audit scope and timing – Items affecting 2018 engagement
Items noted by Baker Tilly
Items noted by
Management
Items noted by the Audit Committee
Accounting standards
which could impact FY2018
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7
Audit scope and timing – Schedule
Executive Committee Planning Meeting
June 6, 2018
Preliminary Audit Fieldwork
Week of June 25, 2018
Student Financial Assistance Testing
Week of July 16, 2018
Final FieldworkWeeks of September 3
and 10, 2018
Presentation to Audit Committee
September/October 2018
Agreed-upon procedures wrap-up
October 2018
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8
Audit scope and timing – Required communications
Audit planning considerations
• Approach to assessing risksof material misstatement
• Approach to internal control• We do not express an
opinion on effectiveness ofinternal control
• Materiality
• We communicate withmanagement, unlessotherwise directed
Review of engagement letters
• Management and governingboard responsibilities• Responsibility for financial
statements and identifyinggovernment programs andensuring compliance withfederal regulations
• Auditor responsibilities• Form and express opinion
on financial statements• Reporting on other
information included in thefinancial statements
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9
Audit scope and timing – Areas of audit emphasis: Financial Statements
Internal control over financial reporting
Tests of compliance over certain provisions of laws, regulations,
contracts, and grant agreements
Confirmation of cash, investments and debt
Tuition revenue
Appropriations revenue
Payroll and other expenses
Fair value measurements and disclosures
Review, recompute and substantiate financial statement amounts
and disclosures
Consideration of fraud risks
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10
Audit scope and timing – Areas of audit emphasis: Federal Award Programs Audit
> Major Programs:> Student Financial Assistance Cluster (Title IV)> Other Major Programs, if any (as identified during planning)
> Single audit sample sizes are determined by higher risk areas, likelihood of fraud, likelihood of error, or prior noncompliance.
> Test of compliance with certain provisions of laws, regulations, contracts and grants, as relates to the major programs (Title IV) are performed in the following areas:
> Allowable Activities and Costs> Eligibility> Matching, Level of Effort and Earmarking> Period of Performance> Reporting> Special Tests and Provisions
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11
Audit scope and timing –Accounting and Auditing Standards
> GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions (effective for FY 2018)
> GASB Statement No. 81 Irrevocable Split-Interest Agreement (effective FY 2018)
> GASB Statement No. 83 Certain Asset Requirement Obligations(effective FY 2019)
> GASB Statement No. 85, Omnibus 2017 (effective FY 2018)> GASB Statement No. 87 Leases (effective FY 2021)
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12
Industry trends and updates –Moody’s 2018 outlook
Moody’s 2018 Outlook - Negative
Annual change in aggregate operating revenue will soften
to about 3.5%
Uncertainty at the federal level contributes to sector volatility
Affordability Concerns and Limited Growth
> Tuition revenue growth will remain subdued, as will research funding and state appropriations
> Rate of expense growth (~4%) will outpace softening revenue growth (~3.5%)
> Higher education sector is highly exposed by changes in federal policy or funding
> Changes to financial aid programs and tax reform could negatively impact enrollment, philanthropic support and the cost of borrowing
> Affordability remains a primary area of focus
> Overall demand will remain steady, but the Northeast and Midwest face the greatest amount of pressure
> Small private institutions will continue to face the most tuition revenue pressure and will continue to struggle to differentiate themselves in a crowded market
Moody’s Investor Service, OUTLOOK, December 5, 2017
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13
Challenges facing higher education
* Inside Higher Ed,Opinion, January 2, 2018
Challenges facing Higher
Education*
Eroding support
for higher education
Challenges to the
business model
Violent activism and balance free
speech, safety and
climate
#MeToomovement
in the academy
Student safety in
Greek life and
athletics
Reckoning with the
racist past
Presidents as public thought leaders
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14
Industry trends and updates
Information security1
Student access2
Institution-wide IT strategy3
Data-enabled institutional culture4
Student-centered institution5
Higher education affordability 6
IT staffing and organizational models7
Digital integrations
Data management and governance8
Change leadership10
9
2018 Top 10 IT Issues
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15
Industry trends and updates –Cybersecurity Requirements for Title IV Programs
− To provide risk management guidance on IT security to institutions of higher education and their third-party servicers as they are obligated to:> Protect data used in all aspects of the administration of the
Title IV Federal student financial aid programs– We expect the 2018 Single Audit Compliance Supplement to include audit
procedures related to this area
> Report all breaches resulting in loss of Personally Identifiable Information (PII) to FSA
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16
Industry trends and updates –Cyber Security Requirements for Title IV Programs
Potential Audit Requirements
> Audit Objectives – Determine whether the Institution of Higher Education (IHE) designated an individual to coordinate the information security program; performed a risk assessment that addresses the three areas noted in 16 CFR 314.4 (b) and documented safeguards for identified risks.− Suggested Audit Procedures
a. Verify that the IHE has designated an individual to coordinate theinformation security program.
b. Obtain the IHE risk assessment and verify that it addresses the threerequired areas noted in 16 CFR 314.4 (b).
c. Obtain the documentation created by the IHE that aligns eachsafeguard with each risk identified from step b above, verifying thatthe IHE has identified a safeguard for each risk.
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17
Baker Tilly thought leadership and resources
Higher Education Advisor
bakertilly.com/higher-education
Articles, webinars, white papers, etc.
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IT Organization Plan—Effective by July 2018
VP Finance Operations and IT
Glenn Natali
Associate VP Information Technology
To be hired
Senior Help Desk Manager and
Hardware SupportRay Schweinberg
Help Desk and Hardware Support
Larry TysonDeno Castellano Jim MilnesHenry HileCarol McCullough
Systems Operations
Network Administration
Steve Turner
ERP Systems Programmer/Analyst
Zac Boettcher
Learning Management
SystemNick Perri
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Community College of Beaver County Board of Trustees Student Success Committee Meeting Monday, June 11, 2018
Present: Trustees
Ms. Pamela Johnson, Committee Chair
Ms. Genetha Woods‐Short
Mr. Nicholas Petrelli, Student Representative to the Board of Trustees
Administration
Dr. Roger Davis, Acting President
Ms. Leanne Condron, Assistant to the President and Board of Trustees/Office Manager
Ms. Jan Kaminski, Vice President for Student Affairs and Enrollment
Guests
Ms. Jessica Diehl, CCBC, Institutional Research Analyst
Meeting Convened at 5:03 p.m.
Guest Presentation: Governance Institute for Students Success (GISS) Update
As a follow‐up to conversation among Trustees and CCBC staff during the Governance Institute for
Student Success, which was conducted in February at Community College of Allegheny County,
Ms. Jessica Diehl presented data concerning CCBC’s 6‐year completion, fall to spring retention, and PREP
completion rates. At the request of the Trustees, the Office of Planning, Assessment and Improvement
will further assess how to improve the completion rates among the African American demographic. This
information will be provided to the Student Success Committee members prior to their next committee
meeting.
Impact of Tutoring on Student Passage Rate
Ms. Jan Kaminski shared data concerning the impact of tutoring on the CCBC student passage rate. In
spring 2018, 284 unduplicated students requested tutoring two or more times in the Tutoring Center. As
a result, 80% passed the courses for which they received assistance.
Impact of the Financial Aid Reinstatement Committee
Ms. Kaminski shared information about the impact of the Financial Aid Reinstatement Committee.
Students often experience personal hardships that prevent them from completing courses or completing
them with a passing grade. This can result in the loss of financial aid. When students are no longer
eligible for financial aid due to poor grades or other factors, they are provided the opportunity to appeal
the decision through the Financial Aid Reinstatement Committee. The Committee is comprised of the
Director of Student Financial Services, the Director of Student Support Services, the Director of
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Enrollment Services and one Counselor. Over the past year, 50% of students who were granted an
appeal successfully completed their coursework.
Faculty Engagement in CCBC Student Transfer Scholarships to Four‐Year Universities
Ms. Kaminski shared information about a current scholarship available for CCBC students who wish to
continue their education at a four‐year institution. CCBC Donor Del Goedeker has created endowed
scholarships at CCBC and St. Bonaventure University. Additionally, the institutions have established
articulation agreements that will provide a smooth transition for students who have a CCBC associate’s
degree to earn a bachelor’s degree from St. Bonaventure in English, history, biology, accounting,
finance, management, marketing, journalism and mass communication. Mr. Goedeker plans to fund
opportunities for a faculty member to accompany CCBC students for a campus visit to St. Bonaventure
University. STEM Academy Director Jodi Carver will work with Mr. Goedeker to coordinate this unique
opportunity.
Fall Learning Community Analysis
Dr. Roger Davis provided an update concerning the success rates for students who are members of
learning communities and how their experiences compare to those of students who are not involved in
learning communities during their time at CCBC. Seventeen students were a part of a learning
community this past year. Although these students did not achieve a higher GPA compared to other
students who are enrolled for the first time at CCBC, they did experience a higher pass rate.
Initiative Updates
Dr. Davis provided updates concerning the following initiatives:
Retention Retreat;
Strategic Enrollment Management (SEM) Retreat, and
Midterm Grades.
A Retention Retreat will be conducted in late July or early August with a cross‐section of employees to
conduct a large‐scale literature review about high‐impact practices surrounding retention.
The Strategic Enrollment Management (SEM) Retreat was conducted on Friday, June 1. The SEM
Committee is responsible for establishing recruitment, enrollment and retention strategies. During the
retreat, the Committee discussed micro‐moments, themes for future enrollment campaigns, and
emergency strategies for low enrollment.
Faculty members convened a committee to evaluate reinstating the use of midterm grades as a
retention strategy.
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Online Courses
Professor Mary Jo Slater has been selected to serve as the instructional technologist beginning July 1. In
this role, Professor Slater will be responsible for creating a course and credentialing system to prepare
faculty to develop and teach online courses. The training courses will be implemented in spring 2019.
Meeting Adjourned at 6:47 p.m.
Respectfully Submitted,
Leanne C. Condron
Assistant to the President and Board of Trustees/Office Manager
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Community College of Beaver County Report to the Board of Trustees June 2018 Executive Vice President and Provost Dr. Roger W. Davis
School of Aviation Sciences
There are over 20 registrations for the Our Aviation Camp for kids ages 8 to 15. The children will spend a week with instructors learning about aviation careers. Two helicopters and a hot air balloon will be on display at the Aviation Sciences Center. The kids will tour the tower, fly drones, visit the Air Traffic Control labs, and fly the simulator. They will visit the 171st Air National Guard Base, see the KC‐135 aircraft and simulator, and have an opportunity to take an orientation ride in one of the flight school aircrafts.
We are finalizing the contracts with six flight schools. The contracts will begin July 1 and give our students more flexibility to choose where they complete flight training. It will also relieve the bottlenecked schedule that is currently being experienced due to the increased number of students.
Two drone students are working with Sam Cadwell, CCBC Drone Instructor, filming a documentary with production company 44 Blue in Pittsburgh. This experience will provide great exposure for the students and our Drone program. The documentary is about a boy who drowned last year in the Ohio River.
School of Business, Arts, Sciences, and Technology
As reported in May, the School of Business, Arts, Sciences and Technology hired Chief Bill Petures as the Director of the Police Academy and Dr. Rankiri Karunasiri as the Associate Professor of Physics. Chief Petures started his position in early May and Dr. Karunasiri, who has been busy preparing for the fall semester, will begin in late August. The College was unsuccessful in filling the Business (Accounting), Data Analytics, and Engineering positions. These positions will be posted again in the spring semester. In the interim, to meet a burgeoning need for English and math faculty to teach courses in the High School Academy program, two of the positions will hire special term faculty in each discipline. The special term faculty will have primary responsibility to teach High School Academy courses and will round out their teaching loads by teaching “regular” courses in English and math.
Dr. Scott Mough, Associate Professor of Chemistry, has resigned from the College to work for a pharmaceutical company. The College has posted a full‐time Chemistry faculty position to replace Dr. Mough.
John Higgs met with Sean O’Brien, founder and CEO of Affordable College, a public benefit corporation focused on providing enrollment solutions for community colleges and a marketplace to broker transfer between two‐year and four‐year institutions of higher education. Affordable College offers a no‐cost solution to enrollment, retention and transfer for community colleges. A future meeting will provide Mr. O’Brien with the opportunity to present Affordable College to Dr. Davis, Jan Kaminski, Angela Hamilton and the deans.
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The College hosted the community college partners involved in the TEAM Consortium to begin the work and discussion on credentials, degrees, delivery and marketing. Dr. Davis, Betsy McIntyre, John Goberish and John Higgs represented CCBC.
Dr. Davis, John Goberish and John Higgs attended a meeting hosted by Steve Catanzarite, managing director of Lincoln Park Performing Arts Center, to learn about the Midland Innovation and Technology (MIT) Charter School that is under consideration. The MIT Charter School plans to offer programming in seven broad areas.
High School Academies and College in High School
High School Academy enrollment continues their concierge parent/student meetings for fall 2018 enrollment.
The CCBC High School Student Celebration event took place on Tuesday, May 8 at 6:00 pm in the Dome. This event recognized students from all High School Academies, College in High School, and Dual Enrollment programs. 250 students, parents, counselors and administrators participated.
Planning continues for the Riv‐Ell Entrepreneurship Program for Butler County Community College, Community College of Beaver County, and Lincoln and Riverside High Schools. The program is slated for a fall 2018 start with 10 students: 8 from Lincoln High School and 2 from Riverside High School. A joint Riv‐Ell Entrepreneurship news conference was held on May 17 at Smokin’ Dave’s BBQ in Ellwood City. Sixty students, parents, school officials, business sponsors, and community members attended the event.
Discussions continue regarding partnering with the Aviation Academy at the Butler County Airport facility. On Wednesday, May 30, an introductory meeting was held with Redcell to discuss partnership opportunities. Redcell is a talent Blockchain exchange and service. Present at the meeting representing Redcell were Rick McCormack, Founder and CEO; Daniel Nichols, President; and Dick McCormack, Vice President of Business Solutions. Representing CCBC were Dr. Roger Davis, Dr. John Higgs, Kolton Codner, and Joyce Cirelli.
Interviews for the Dean of Aviation Sciences were held on Thursday, May 31. Two candidates are moving to the second interview phase that will be held with the president and interview team on Tuesday, June 5. The candidates have been asked to provide a PowerPoint presentation of their vision for aviation.
School of Nursing and Allied Health
The combined Nursing and Radiologic Technology Pinning Ceremony was very well attended. Thank you to the Trustees for your support at this event. A special thanks to Ms. Pamela Johnson who spoke on behalf of the Board of Trustees.
The Phlebotomy Advisory Committee meeting is scheduled for Thursday, June 7. The Nursing Program Committee Advisory meeting is scheduled for Thursday, June 21.
Shelly Moore attended several interviews for the Director of the RN‐BSN program at Geneva College. They are awaiting acceptance by a candidate and an announcement should be made in the near future.
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Two students who already meet the criteria for entrance into the ADN program at CCBC will be admitted for fall 2018. According to reports, 22 students have been admitted to Geneva for the fall 1‐2‐1 program. These students will test for potential entrance into the ADN program in fall 2019.
Interviews for a lead faculty member for the Washington County site have been completed. The search was successful and the new faculty member will be announced soon.
Workforce and Continuing Education
Process Technology graduates attended a job‐search preparation presentation (interviewing skills, aptitude testing, and soft skills) hosted by Shell and a mock interview session utilizing 15 members of CCBC’s PTEC Advisory Board on May 24, 2018. On May 21, Shell posted 40 job openings for Operator at the Monaca site.
Michael Marr, Business Integration Lead at Shell Pennsylvania Chemicals and John Goberish served as speakers for Priority2Work's Annual Dinner on Tuesday, May 22 at Northway Christian Community in Wexford. Priority2Work is an all‐volunteer nonprofit that provides support to anyone in job transition through training, structured networking and one‐on‐one mentoring. The presentations highlighted Shell’s and CCBC’s relationship and opportunities in our region.
The Workforce and Continuing Education Team collaborated with Shell and 10 western Pennsylvania Veterans service organizations on two career awareness/outreach events on May 23. The first event was geared toward military Veterans (40 were in attendance) and was held at Heinz Field. The second event was geared toward the general public (70 were in attendance) and was held in the evening at CCBC in the Learning Resources Center.
The next cohort for Apprenticeship Readiness is scheduled to begin June 18.
CCBC’s EMT program successfully completed the accreditation process through EMS West.
A total of $226,000 in free training funds have been allocated to manufacturing and high technology area companies for their incumbent workers through the WEDnetPA grant. The Workforce and Continuing Education Division is currently working with the following WEDnetPA eligible companies: NOVA, Veka, SynergIT, Q‐Cast, Schroeder Industries, St. Clair Hospital, Ferro, Versatex, Ellwood City Medical Center, Eric Ryan, Ellwood Mill Products, Beemac Trucking, Aerotech, FirstEnergy Corp., Creekside Springs, Cumberland Contura, Keystone Profiles, and A Door To Memories.
CCBC is collaborating with Lincoln Electric, Beaver County Career and Technology Center, and American Association of Community Colleges on a new Welding program through a pilot program, which includes 20 colleges nationwide.
CCBC is collaborating with the Southwest Corner Workforce Development Board, Beaver County Chamber of Commerce, Keystone Development Partnership, Beaver County Career and Technology Center, and Pennsylvania Labor and Industry on Registered Apprenticeship Programs.
CCBC is currently working on the development of the Construction Academy and is in the process of advertising/networking for the newly created position of Director of Construction Management and the Mascaro Construction Academy.
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Community College of Beaver County Report to the Board of Trustees June 2018 Vice President for Student Affairs and Enrollment Ms. Jan Kaminski
Resources for Faculty and Students
Upon approval by the Pennsylvania Department of Education, Bureau of Career and Technical Education (CTE), the Perkins grant award to the College for the 2018‐19 fiscal year is $263,492. This is an increase of $25,129 dollars from last year. These funds are distributed toward salaries for Academic Support (Tutors, Disability Support) and Career Services employees. Moreover, CTE programs at the college such as Piloting, Air Traffic Control, Nursing, Phlebotomy and Police Technology will also be the recipient of Perkins funds. State of the art equipment, instructional supplies, professional and technical services, and curriculum development are all eligible expenditures under the Perkins Local Plan.
New Athletics and Student Affairs Personnel
Mr. Daivon Jackson has been appointed the Head Women’s Basketball Coach for the 2018‐19 season. Daivon received his Bachelors of Science Degree in Sport Management and Master of Business Administration from Slippery Rock University. He was a member of SRU’s Football and Basketball teams, both of which achieved PSAC conference tournament Champion and Runner Up status, respectively.
Daivon is the current CCBC Assistant Men’s Basketball Coach. He helped to guide our Men’s team to a 27‐4 record and a berth in the NJCAA Regional Tournament. He previously served as an athletic academic counselor for the SRU Football team where he met with student athletes to discuss course completion and eligibility requirements. He also coordinated academic study hour and summer bridge programs along with monitoring the academic progress rate for athletes. Finally, on a part‐time basis, he will also serve as a mentor in the CCBC Act 101 Higher Education Equal Opportunity program for students who experience both academic and economic challenges. Daivon is committed to putting scholarship first. We are delighted to have him as a member of the CCBC team. Coach Jackson has been recruiting with the hopes of having at least 10 student athletes to compete this year on the collegiate varsity level.
Admissions, Recruitment, and Placement Testing
CCBC representatives attended award ceremonies at several Beaver County high schools to distribute certificates to the Presidential Honors Scholarship recipients. Graduating seniors in the top ten percent of their class who have chosen to attend CCBC were eligible to receive the scholarship, which covers full tuition and fees (except flight school) for the fall and spring semesters, with the possibility of renewal for a second year. So far, the college has awarded this scholarship to 22 Beaver County high school seniors.
South Side elementary school brought 68 fourth grade students to campus for an information day of college exploration. Beaver Falls brought 130 fifth grade students on campus for a day of career exploration. A small group of students from Moon Area High School also visited campus.
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Registration, Student Records, and Graduation
Angela Hamilton completed an online Essentials of Strategic Enrollment Management course through the American Association of Collegiate Registrars and Admissions Officers.
Student Financial Services
During the first week of May, the Financial Aid Office mailed postcards to 500 students who may qualify
for a Pell grant for the summer term due following the change in legislation that reinstated year‐round
Pell for the 2017‐18 academic year. As of June 6, approximately 38 students who received the postcards
subsequently registered for a summer course.
On June 6, we submitted our electronic application to the Department of Education to add Lincoln Park
Performing Arts Charter School as an additional location.
Career Services
Transitioning into her role as the Career Services Facilitator and Evening Counselor, Karen Runtich has been spending time learning the new job responsibilities through meetings, networking and webinars. Since March 12, Karen has prepared classroom presentations for the 2018 Nursing graduates; created a clinical observation experience for our Health Academy students at UPMC Presbyterian Hospital, and prepared Perkins data reports and mailings. She has also updated the job boards and met with a variety of employers who expressed interest in establishing a partnership with CCBC through classroom presentations, mini career symposiums, mock interview preparation, recruitment, job shadowing or internship opportunities for our students. Karen has also been advising students in the evening as they continue or begin their program of study at CCBC.
Library
The temporary library has been set up since May 10 and the loan system is up and running. Book delivery has continued four days per week with partner libraries who are sharing resources. A study zone with tables has also been constructed and is being used. Two class reference instructions and one‐on‐one research sessions have been conducted. Course reserves and bestsellers are available for circulation while the majority of the collection is in storage off‐site. The monumental task of arriving at this service point could not have been done without many hands. The Library staff would like to offer the highest praise and thanks to the hard‐working Maintenance staff for relocating the Learning Resources Center departments. In addition, the staff would like to extend heartfelt appreciation to CCBC Work Studies Reagan Ryder, Colton Causey, Noah Barilaro, Kali Laughlin and Melvin Thomas; CCBC Scholars Logan Temple and Madison Lutz; CCBC Alum Mary Rousseau, and Professor Kim Revay. Without their labor and dedication, this move would not have been possible, especially in the time period allotted. Staff to graduates, and students to faculty have worked hand‐in‐hand. The Library staff is humbled and grateful. Our mission is to ensure that students have access to the resources they need during this transition. We are looking forward to the adventure ahead.
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Athletics
Coach Voitus has a great core group of players returning and is excited for the upcoming season. Coach Voitus has also started to prepare for the CCBC Volleyball individual camp, which will be held June 30 and 31.
Coach Churovia is looking to build on the success she had from her inaugural season of Cross Country. Coach Churovia has been meeting with prospective student athletes for the upcoming year.
Members of the Men’s Basketball team will return to campus on June 25 to begin summer classes and actively look for volunteering opportunities within the community throughout the summer.
The Softball program has been discontinued until further notice due to lack of interest.
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Community College of Beaver County Report to the Board of Trustees June 2018 Vice President for Human Resources Ms. Sally Mercer
Positions Open
Faculty
Academic Counselor & Student Mental Health Team Leader (12‐month)
Chemistry‐ Full‐time Faculty
Director of Construction Management and the Mascaro Construction Academy (12‐month)
Pediatric Nursing
Administrative
Associate Vice President of Information Technology
Dean, School of Aviation Sciences
Director of Student Life
Executive Director, Planning Assessment & Improvement
Program Specialist
Positions Filled
Faculty Positions
William (Bill) Petures, Director of Police Academy and High School Academy, 5/7/18
Katie Thomas, from Executive Director of Planning, Assessment, and Improvement,to Associate Dean of Business, Arts, Sciences and Technology, 5/7/18
Staff Positions
Aaron Pritchard, lab assistant (part‐time), 5/14/18
Alexander Skogman, lab assistant (par‐time), 5/14/18
Nathan Tkach, tower supervisor, 5/20/18
Benefits/Wellness
Currently, the College offers the group life and accidental death and dismemberment (AD&D) plans that are subsidized by the College. Many employees have expressed interest in having voluntary (employee‐paid) additional insurance available. The Benefits Specialist and the Vice President of Human Resources met with MetLife representatives to include voluntary life and AD&D insurance benefits for employees who wish to enroll. This additional insurance will be available to employees beginning July 2018.
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Payroll
Annual salary letters for administrative employees are being prepared for increases effective July 1, 2018.
All payroll‐related monthly vendor and tax payments were prepared and processed.
Training and Development
On May 31, the Office of Human Resources provided managerial training presented by Brian Hentosz, Esquire of Littler Mendelson. This is the first of a series of managerial trainings planned to create a comprehensive professional development plan.
The Office of Human Resources is happy to welcome the most recent CCBC Human Resources Intern, Candace McMunn, for the summer semester.
Compliance
The Office of Human Resources held a SWOT analysis session with campus community members as part of preparing the 5‐year review and action planning processes.
The Vice President of Human Resources attended annual employment law training. She and the Human Resources Generalist also attended the 10th Annual Campus Prevention Network Summit provided by EverFi. EverFi is CCBC’s online learning management system for compliance‐related training.
The training provided extensive information on expanded organizational training regarding Title IX, Sexual Harassment/Assault, Drug and Alcohol Awareness, Domestic Violence, Violence Against Women, Suicide Awareness, and understanding the various generations on a campus. The training also educated attendees on action plans related to compliance training and the assessment of outcomes.
The Department of Education has specific guidelines related to higher education institutions providing training to the entire campus on Title IX and the Violence Against Women Act (VAWA), as well as training requirements for Title IX Coordinators and Deputy Coordinators. This training helps meet those legally required obligations.
Collective Bargaining
Contract negotiations between the CCBC Collective Bargaining Management Team and the Educational Support Personnel Association (ESPA) continue. The next scheduled bargaining sessions are scheduled to take place on July 2 and 3.
The Office of Human Resources is working with the PSEA to establish a Health Reimbursement Account that is required in the newly ratified Society of Faculty/CCBC contract.
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Diversity
The June 2018 EEO and referral source collection report is attached. Please note: The number of actual applicants per position advertised is typically much greater than responses received from the voluntary applicant EEO survey.
The Office of Human Resources investigated measures that are being implemented by other Pennsylvania community colleges to attract and retain a diverse pool of applicants. The responding institutions reflected that they are encountering the same challenges as CCBC is experiencing while identifying additional opportunities to attract a qualified diverse applicant pool.
Community Engagement
The CCBC contribution campaign for the Beaver County United Way exceeded previous years’ contributions. The total amount collected during the 2017‐18 campaign is $7,000.
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Position Gender Race Referral Totals
Part-time Faculty Pool F Black or African American Walk In 1 Female - Black or African American
F Caucasian CCBC Employee 6 Female - Caucasian
F Caucasian CCBC Website 1 Male - Black or African American
F Caucasian CCBC Website 4 - Caucasian
F Caucasian CCBC Website
F Caucasian Other: Chamber of Commerce
F Caucasian Other: Facebook Pittsburgh Nurses
M Black or African American CCBC Website
M Caucasian CCBC Employee
M Caucasian CCBC Website
M Caucasian CCBC Website
M Caucasian CCBC Website
ERP Programmer Analyst M Caucasian Other Website: Indeed 1 Male - Caucasian
Director M Caucasian Friend or Relative 2 Male - Caucasian
Construction Management M Caucasian Other: Higher Ed Jobs
and the Mascaro Construction Academy
Academic Counselor F Caucasian CCBC Website 1 Female - Caucasian
Faculty - Nursing F Caucasian CCBC Employee 2 Female - Caucasian
Full-Time F Caucasian CCBC Website
Executive Director F Caucasian CCBC Website 2 Female - Caucasian
Planning, Assessment & Improvement F Caucasian Other Website
Community College of Beaver CountyJune 2018 EEO Applicant Data and Referral Source
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Position Gender Race Referral Totals
Community College of Beaver CountyJune 2018 EEO Applicant Data and Referral Source
Associate Vice President
Information Technology M Caucasian Other Website 1 Male - Caucasian
ATC Lab Assistant M Caucasian CCBC Employee 2 Male - Caucasian
(part-time) M Caucasian CCBC Employee
Act 101 Mentor M Caucasian CCBC Website 1 Male Caucasian
(part-time)
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Community College of Beaver County Report to the Board of Trustees June 2018 Executive Director of Public Relations and Marketing Ms. Leslie Tennant
CCBC in the News
Beginning with the 2018‐19 fiscal year, the Public Relations and Marketing Department will work with the President’s Office to provide media monitoring and reporting on a weekly and monthly basis, including advertising equivalency and audience reach. Each report will culminate in a CCBC Clip Book distribute to the Board in a PDF format.
The following CCBC stories appeared in various media outlets during June:
Beaver County Times
Riverside, Lincoln students excited to participate in new entrepreneurship program
Community Day Planned for Children, Families, Police Officers
The Chronicle of Higher Education
Transitions: New Presidents
EllwoodCity.org
BC3 and CCBC Come Together To Offer New Entrepreneurship Program to Ellwood City Area
Ellwood City’s Own Clock Tower Fairy (Cassandra Douglas, CCBC Alumna)
Pittsburgh Business Times
CCBC Names Acting President
Shell Posts Production Operator Jobs for Potter Township Cracker
Shell Reaches Out to Vets to Help Staff Jobs
Ellwood City Ledger
Shell to Host Career Events for Military Veterans
Website Project Update
Content migration has continued for the “About” and “Student Life” sections of the current site. Also, Gatesman has presented the final visual design concepts of all pages (Home, Landing, Informational, Academic Calendar, Event Detail, News Archive, and News Articles) for both the desktop and mobile versions of the site. Gatesman representatives will be on campus June 25 to present the design to crucial campus stakeholders. At that point final changes will be made and the development work and the content management system build will begin as the project switches hands to RIF Digital.
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Summer Concert Series
The College’s brand new Summer Concert Series, held in partnership with the Beaver Valley Musicians Association, will kick off on Thursday, June 21 at 7 p.m. in the Campus Courtyard near the Gazebo. The Monaca Cornet Band will perform. Food and other family‐friendly activities will be available. The concert series will feature the Swingin’ Bopcats Big Band on July 19, and the Beaver County Symphonic Wind Ensemble on August 16.
Government Relations
In partnership with the PA Commission for Community Colleges and the President’s Office, a letter writing campaign to our local delegation has begun. This effort will include targeted messages from Acting President Roger W. Davis, Board of Trustees Chairman Dr. Robert Postupac, and community leader Jack Manning of the Beaver County Chamber of Commerce. The letters request support of a $10.6 million increase in the community college operating appropriation for the fiscal year 2018‐19 state budget.
Summer Intern
On June 4, the Department welcomed Shelby Mengel, a junior Communications/Graphic Design major from Robert Morris University to CCBC. Shelby will complete a 5‐week for‐credit summer internship with the Public Relations and Marketing team.
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Community College of Beaver County Report to the Board of Trustees June 2018 Executive Director for Advancement and Sponsored Programs Mr. Kolton Codner
Advancement & Sponsored Programs Update
The table below provides a summary of external funding proposals developed during the FY18. This includes summaries of both philanthropic grants and government funding proposals.
Row Labels # of Submissions $ Amount Requested $ Amount Funded
Academies 5 $815,000 $535,000
Philanthropy 5 $815,000 $535,000
Funded 3 $540,000 $535,000
In Process 1 $250,000
Declined 1 $25,000 $0
Nursing 2 $915,000 $0
Philanthropy 2 $915,000 $0
In Process 1 $15,000
Removed 1 $900,000 $0
Process Technology 17 $13,375,102 $2,110,000
Government 3 $4,585,102 $0
Pending 2 $2,585,102
Removed 1 $2,000,000 $0
Philanthropy 14 $8,790,000 $2,110,000
Funded 7 $1,240,000 $1,110,000
In Process 6 $5,550,000
Pending 1 $2,000,000 $1,000,000
Provost 7 $4,735,000 $150,000
Government 3 $2,187,000 $0
In Process 1 $587,000
Declined 1 $950,000 $0
Removed 1 $650,000 $0
Philanthropy 4 $2,548,000 $150,000
Funded 1 $250,000 $150,000
In Process 3 $2,298,000
Scholarships 4 $42,000 $42,000
Philanthropy 4 $42,000 $42,000
Funded 4 $42,000 $42,000
BAST 1 $80,000 $0
Government 1 $80,000 $0
Declined 1 $80,000 $0
Workforce 1 $50,000 $0
Government 1 $50,000 $0
Removed 1 $50,000 $0
Capital Project 1 $6,000,000
Government 1 $6,000,000
Pending 1 $6,000,000
Grand Total 38 $26,012,102 $2,837,000
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NSF ATE Proposal Update
Positive conversations continue with the National Science Foundation (NSF) regarding the ATE proposal submitted last fall. At Board meeting on June 19, five new policies surrounding administration of sponsored projects will be presented to the Trustees for approval. This is a part of our ongoing review and update to administrative policies at CCBC. These policies, along with new procedural updates in our operations, are helping us to navigate the new organization award process with NSF. Due the size and nature of this potential award with NSF, CCBC is undergoing an extensive level of evaluation because we are considered a new awardee organization. After successfully completing this evaluation, we will not have to undertake this process again for future awards. In early June, NSF requested that we make several minor revisions to the project budget and formally resubmit the budget through the NSF’s FastLane web portal. That is a promising sign that they are nearing final review of the proposal and a decision is anticipated shortly.
CCBC Foundation Golf Outing
Final preparations are underway for the 18th Annual CCBC Foundation Golf Outing. At this point, we are on pace to have a record‐setting event to support the CCBC Foundation at Blackhawk Golf Course on Friday, June 15. I look forward to sharing a full update on the outcome of the outing at the June Board Meeting.
Alumni Engagement
Work is well underway for our first Alumni Newsletter that will go out later this summer and we are glad to announce that we will be hosting CCBC Night at PNC Park on Wednesday, September 5th vs the Cincinnati Reds at 7:05 pm. All CCBC participants will be seated together and CCBC will be recognized prior to the game and throughout the evening as part of the Pirates’ College/University Night Program. Our goal will be to have 250 members of the CCBC community in attendance, including alumni, students, employees and partner stakeholders. Tickets will be available for a discounted rate and will include the game ticket, a co‐branded CCBC/Pirates Baseball hat in CCBC colors, an exclusive pre‐game happy hour and an on‐field recognition for CCBC guests prior to the first pitch. These efforts, along with other outreach, are essential as we work to re‐connect with our alumni and stay engaged to our recent graduates.
Internal Operations
CCBC Foundation Board Retreat
On May 19th, we hosted the first CCBC Foundation Board Retreat to allow us to reflect on the success of
this past year and chart a course for the year ahead. The day’s events featured a robust conversation
with a highly‐engaged Foundation Board. We began the day with an engaging life‐size board game
developed by Acting President Roger Davis and Associate Dean Katie Thomas that walked the Board
through the Strategic Plan and highlighted challenges and barriers faced by our students. Additionally,
Jeff McLain, formerly the Vice President of Institutional Advancement at Kent State and the Senior Vice
President of Development at LSU, led a session on working collaboratively to develop support for the
Foundation and the importance of building trusting relationships with donors. I led an afternoon
session about individual cultivation and solicitation of prospects, and discussed our challenges and
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opportunities in the year ahead for the Foundation and CCBC. Following the day’s workshop, feedback
was overwhelmingly positive with one Board member saying, “On behalf of the CCBC Foundation Board,
and to all those in attendance at Saturday's Board Retreat, I want to express our extreme gratitude for a
job well done. The information presented was timely and valuable. I believe we all learned a great
deal.”
Thank you to Dr. Davis, Katie Thomas, Mel Kimbrough, Glenn Natali and the many other individuals that
made the event so successful.
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BOARD OF TRUSTEES
WORKSHOPS, CONFERENCES and EVENT INFORMATION Updated 6/11/2018
2018
CCBC Foundation Golf Outing June 15 Black Hawk Golf Course
Sumer Concert Series: Monaca Cornet Band June 21 CCBC Courtyard
Senator Elder Vogel, Jr.'s Kids Extravaganza June 30 CCBC Dome
Fourth of July – CCBC Closed July 4
Summer Concert Series: Beaver County Symphonic Wind Ensemble July 19 CCBC Courtyard
Beaver County Senior Olympics July 25 CCBC Dome
CCBC Board of Trustees Summer Retreat July 28 To Be Determined
Association of Community College Trustees Governance Leadership Institute August 6 – 8 Washington, D.C.
CCBC Employee Summer Picnic August 11 CCBC Courtyard
Summer Concert Series: Swingin’ Bopcats Big Band August 16 CCBC Courtyard
Fall Convocation August 23
New Student Orientation August 24
Labor Day – CCBC Closed September 3
CCBC Night at PNC Park September 5 PNC Park, Pittsburgh
CCBC Professional Development Day October 8
Native American Gathering October 12 – 13
Association of Community College Trustees Annual Leadership Congress October 24 – 27 New York, NY
Veterans Salute Breakfast November 9 CCBC Dome
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