CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT REGULAR BOARD OF EDUCATION MEETING Educational Leadership and Support Center, Board Room Monday, May 11, 2015 5:30 p.m. A G E N D A CALL TO ORDER (Mary Meisterling) APPROVAL OF AGENDA (Mary Meisterling) ......................................................................................................... 3 RECOGNITION BA-15-469 Employee Recognitions – 25, 30, 35, 40, and 45 Years of Service (Jill Cirivello) ............ 4 BA-15-470 Board of Education Recognition (Dave Benson) ............................................................... 5 SUPERINTENDENT’S REPORT /BOARD REPORTS COMMUNICATIONS, DELEGATIONS, AND PETITIONS (Mary Meisterling) ACTION AND INFORMATION ITEMS CONSENT AGENDA BA-15-000/16 Minutes – Regular Meeting/Work Session on April 27, 2015 (Laurel Day) ..................... 5 BA-15-008/08 Open Enrollment – Denial 2014-2015 (Karla Ries) ........................................................... 6 BA-15-009/16 Personnel Report (Jill Cirivello) ........................................................................................ 8 BA-15-471 Resolution – School Board Election – September 8, 2015 (Laurel Day) ......................... 13 BA-15-472 Purchasing Register – Servers and SAN (Storage Area Network) (Lori Bruzek/Tom Day) .................................................................................................... 15 BA-15-473 Agreement – CRCSD and Juvenile Court School-Based Liaisons Programs (Paul Hayes) ..................................................................................................................... 17 BA-15-474 Cooperative Agreement – CRCSD Kennedy High School with Xavier High School For Orchestra 2015-2016 School Year (Mary Ellen Maske) ............................................ 20 BA-15-475 Agreement – CRCSD and Unity Point St. Luke’s Hospital (Sheila Lehman) .................. 22 BA-15-476 Agreement – CRCSD and Linn County DECAT – Life Skills Coach (Paul Hayes) ........ 24 BA-15-477 Agreement – Academy for Scholastic and Personal Success (Paul Hayes) ..................... 51 BA-15-478 Agreement – CRCSD and Four Oaks Family & Children’s Services (Sheila Lehman) ... 55 BA-15-479 Agreement – CRCSD and Goodwill Industries for Janitorial Services at the Transition Center (Sheila Lehman) ................................................................................... 58 BA-15-480 Bank Depository Resolution (Steve Graham) ................................................................... 62 BA-15-481 Tabulation – Microsoft Licensing (Tom Day/Lori Bruzek).............................................. 64 BA-15-482 Proposal Acceptance – Vending Services (Tom Day) ...................................................... 66 BA-15-483 Purchasing Register – Unified Threat Management Firewall Device (Tom Day/Lori Bruzek) .................................................................................................... 67 BA-15-484 Agreement – Long Term Suspension – Student A (Mary Ellen Maske) .......................... 68 BA-15-485 Agreement – Long Term Suspension – Student B (Val Dolezal) ..................................... 68 BA-15-486 Agreement – Long Term Suspension – Student C (Val Dolezal) ..................................... 69 BA-15-487 MOU – CRCSD and Workplace Learning Connection (Karla Ries)................................ 70 BA-15-488 Approval – Meal Price Increase for the 2015-2016 School Year (Suzy Ketelsen) ........... 72 BA-15-489 Agreement – Long Term Suspension – Student D (Mary Ellen Maske) .......................... 74 LEARNING AND LEADERSHIP BA-15-490 iJAG – Iowa’s Jobs for America’s Graduates (Karla Ries) ............................................. 75
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CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT REGULAR … · Vicki Genkinger – ELSC Cindi Rudish – Johnson Ann Hauschildt – Harding Susan Serbousek – Nixon Brad Hines – Arthur
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CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT REGULAR BOARD OF EDUCATION MEETING
Educational Leadership and Support Center, Board Room Monday, May 11, 2015
5:30 p.m.
A G E N D A
CALL TO ORDER (Mary Meisterling) APPROVAL OF AGENDA (Mary Meisterling) ......................................................................................................... 3 RECOGNITION BA-15-469 Employee Recognitions – 25, 30, 35, 40, and 45 Years of Service (Jill Cirivello) ............ 4 BA-15-470 Board of Education Recognition (Dave Benson) ............................................................... 5 SUPERINTENDENT’S REPORT /BOARD REPORTS COMMUNICATIONS, DELEGATIONS, AND PETITIONS (Mary Meisterling) ACTION AND INFORMATION ITEMS CONSENT AGENDA BA-15-000/16 Minutes – Regular Meeting/Work Session on April 27, 2015 (Laurel Day) ..................... 5 BA-15-008/08 Open Enrollment – Denial 2014-2015 (Karla Ries) ........................................................... 6 BA-15-009/16 Personnel Report (Jill Cirivello) ........................................................................................ 8 BA-15-471 Resolution – School Board Election – September 8, 2015 (Laurel Day) ......................... 13 BA-15-472 Purchasing Register – Servers and SAN (Storage Area Network) (Lori Bruzek/Tom Day) .................................................................................................... 15 BA-15-473 Agreement – CRCSD and Juvenile Court School-Based Liaisons Programs (Paul Hayes) ..................................................................................................................... 17 BA-15-474 Cooperative Agreement – CRCSD Kennedy High School with Xavier High School For Orchestra 2015-2016 School Year (Mary Ellen Maske) ............................................ 20 BA-15-475 Agreement – CRCSD and Unity Point St. Luke’s Hospital (Sheila Lehman) .................. 22 BA-15-476 Agreement – CRCSD and Linn County DECAT – Life Skills Coach (Paul Hayes) ........ 24 BA-15-477 Agreement – Academy for Scholastic and Personal Success (Paul Hayes) ..................... 51 BA-15-478 Agreement – CRCSD and Four Oaks Family & Children’s Services (Sheila Lehman) ... 55 BA-15-479 Agreement – CRCSD and Goodwill Industries for Janitorial Services at the Transition Center (Sheila Lehman) ................................................................................... 58 BA-15-480 Bank Depository Resolution (Steve Graham) ................................................................... 62 BA-15-481 Tabulation – Microsoft Licensing (Tom Day/Lori Bruzek).............................................. 64 BA-15-482 Proposal Acceptance – Vending Services (Tom Day) ...................................................... 66 BA-15-483 Purchasing Register – Unified Threat Management Firewall Device (Tom Day/Lori Bruzek) .................................................................................................... 67 BA-15-484 Agreement – Long Term Suspension – Student A (Mary Ellen Maske) .......................... 68 BA-15-485 Agreement – Long Term Suspension – Student B (Val Dolezal) ..................................... 68 BA-15-486 Agreement – Long Term Suspension – Student C (Val Dolezal) ..................................... 69 BA-15-487 MOU – CRCSD and Workplace Learning Connection (Karla Ries) ................................ 70 BA-15-488 Approval – Meal Price Increase for the 2015-2016 School Year (Suzy Ketelsen) ........... 72 BA-15-489 Agreement – Long Term Suspension – Student D (Mary Ellen Maske) .......................... 74 LEARNING AND LEADERSHIP BA-15-490 iJAG – Iowa’s Jobs for America’s Graduates (Karla Ries) ............................................. 75
(Dave Benson/Laurel Day) ............................................................................................ 116 BA-15-492 Exempt Meeting - Discuss Strategy Sessions for Union and Non-Union Employee
Groups (Dave Benson) ................................................................................................. 128 RETIREE RECOGNITION
The Board of Education will recognize District employees who are retiring in 2015 via video presentation.
SCHOOL BOARD CALENDAR ......................................................................................................... 129 MEETING EVALUATION/ADJOURNMENT (Mary Meisterling)
Board Meeting: Monday, May 11, 2015
CALL TO ORDER APPROVAL OF AGENDA That the agenda of Monday, May 11, 2015, Board of Education meeting be approved as set forth,
and that each item is considered ready for discussion and/or action. MOTION/2ND/ROLL CALL ACTION
Board Meeting: Monday, May 11, 2015
RECOGNITION BA-15-469 Employee Recognition - 25, 30, 35 and 40 Years of Service (Jill Cirivello) Information Item Pertinent Fact(s)
The District and the Foundation are proud to honor the following employees for their continuous years of service. The Board and the Foundation appreciate the efforts of our employees, especially those who have contributed many years. Recipients who have achieved these milestones are present to accept their awards.
25 Years of Service
Lori Bruzek – ELSC Kimberly Middlekauff – Kennedy LaVern Burns – Transportation Michele Ness – Rockwell Day Care Tina Butz – Madison Kim Ongie – Harding Edward Davis – Jefferson Loraine Osborn – Pierce Kristina Eells – Viola Gibson Kim Overturf – Hiawatha Diane Franklin – Franklin Barbara Pino – Rockwell Day Care Lana Franzman – Rockwell Day Care Pamela Polglaze – Coolidge Wayne Fritch – Wilson Mary Reade – Transportation Michael Fritz – Jackson Laura Reed – Wilson Victoria Fritz – Wright Cary Rhoads – Transportation Vicki Genkinger – ELSC Cindi Rudish – Johnson Ann Hauschildt – Harding Susan Serbousek – Nixon Brad Hines – Arthur Cindy Smith – Harding Mike Hopkins – Jefferson Michael Johnson – Washington Kevin Karr – Transition Center Annette Kenney – Truman Joan Krumm – Taylor Toby Lacock – Kenwood Gloria Lake – McKinley
Elizabeth Smith – Transportation Kim Sparks – Madison Ann Starry – Transportation Ruth Taylor – Rockwell Day Care Robert Vileta – Jefferson Melissa Wickham – Metro Sharon Wilcox – Kennedy LaVera Wood – ELSC
30 Years of Service
Laurie Bark – Kennedy Christine Lafrenz – Cleveland Debra Becker – Grant Joan Moore – ELSC Rebecca Dickinson – Harding Annette Sankot – Coolidge Valerie Dolezal – ELSC Michael Terry – Truman Martin Knake – Harding Myron Tomlinson – Kenwood
35 Years of Service
Marta Hershner – ELSC Lynn O’Connor – ELSC Lynn Johnson – Roosevelt Charles Perry – ELSC Amy Kohl – Franklin Mary Roberts Rathje – Jefferson Lori Law – Coolidge
Marilyn Schaefer – Franklin
40 Years of Service
Debra Aldrich – Kennedy Matthew Dunbar – ELSC
Board Meeting: Monday, May 11, 2015
RECOGNITION BA-15-470 Board of Education Recognition (Dave Benson) Information Item Pertinent Fact(s):
1. The annual Iowa School Board Recognition Month allows time for District staff and stakeholders to recognize our Board of Education for their tremendous commitment and sacrifice to the education of our children. This year’s theme – “School Boards Strengthen Public Education!” – recognizes that school board members are local leaders making a significant pledge to all those they serve.
2. Representatives of the CRCSD Executive Council Administration Team are pleased to recognize
the Cedar Rapids Community School’s Board of Education for their tremendous commitment and sacrifice to the students, staff and citizens of this community.
SUPERINTENDENT’S REPORT/BOARD REPORTS COMMUNICATIONS, DELEGATIONS, AND PETITIONS CONSENT AGENDA BA-15-000/16 Minutes – Regular Meeting/Work Session on April 27, 2015 (Laurel Day) Action Item Pertinent Fact(s): It is the responsibility of the Board Secretary to keep the minutes of Board of Directors meetings
as required by Iowa Code §§ 21.3 and Board Regulation 202.10. The minutes will be available for public inspection within two weeks of the Board meeting and forwarded to the appropriate newspaper for publication.
Recommendation: It is recommended that the Board of Education approve the Minutes from the Regular Meeting/Work
1. Section 256.7(5), Chapter 17, of the Iowa Code “Open Enrollment,” allows parents/guardian to enroll their children/child in a school district other than the resident district of the custodial parent/guardian. In order for parents/guardians to exercise this option, their request must be submitted by March 1 of the year preceding open enrollment. For kindergarten children the deadline for submitting an application for open enrollment is September 1 of the current school year.
2. Applications filed after the deadline will not be approved unless the reason for late filing qualifies
for “good cause”; “good cause” means a change in the status of a child’s resident district for any of the following reasons: A. Family moved to a new district of residence B. Change in the marital status of the student's parents resulting in new resident district C. Placement of the student into foster care resulting in new resident district D. Adoption resulting in new resident district E. Participation in a foreign exchange program F. Participation in a substance abuse or mental health treatment program resulting in new
resident district G. Failure of negotiations for reorganization or rejection of proposed reorganization plan* H. Failure of negotiations for whole grade sharing or rejection of whole grade sharing agreement* I. Loss of accreditation or revocation of a charter school contract*
*If “good cause” is related to change in status of child’s resident district, the open enrollment request must be filed within 45 days of last board action or within 30 days of certification of an election, whichever is applicable.
3. Request may be denied if: A. The student has been suspended or expelled by a district and has not been reinstated as a
student in that district B. Insufficient classroom space exists C. Minority/non-minority pupil ratios would be adversely affected D. An appropriate instructional program is not available E. The applicant missed the prescribed deadline and the request does not qualify for “good cause”
4. If the denial is based on a desegregation plan and/or any other reasons, it may be appealed to the Linn County District Court and cannot be appealed to the State Board of Education. An appeal must be postmarked within 30 days of the board decision.
Recommendation: It is recommended that the Board of Education approve the denial of the Open Enrollment of these students
commencing with the 2014-2015 school year.
BA-09-008/1.1
OPEN ENROLLMENT DENIALS
2014-2015 SCHOOL YEAR
Board Meeting
May 11, 2015
Enter Denial
Parent Student Grade
14-15
Resident District Requested District
Randi R. Nathan K. 0 Marion Independent Cedar Rapids Community Schools
Reason:
Insufficient Program
Space
Totals
M- Marion
BA-15-008/08.1
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-009/16 Personnel Report (Jill Cirivello) Exhibit: BA-15-009/16.1-4 Action Item Roll Call Recommendation: It is recommended that the Board of Education approve the Personnel Report.
BA-15-009/16.1
Board Agenda: Monday, May 11, 2015
BA-15-009/01 PERSONNEL
BA-15-009/A APPOINTMENTS - SALARIED STAFF
Name Salary Placement Assignment Effective Date
Butler, Linsey TBD Elementary Spanish 2015-2016 School
Schinsing, Jean Elem. Principal's Secretary 6/30/2015
Erskine
Waggoner, Marie Paraprofessional 6/5/2015
Bertram/Four Oaks
BA-15-009/16.4
Board Agenda: Monday, May 11, 2015
BA-15-009/O TERMINATIONS - HOURLY STAFF
Name Assignment Effective Date
Stiff, Mollie Paraprofessional 4/3/2015
Roosevelt
Walker, Teresa Paraprofessional 4/3/2015
Roosevelt
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-471 Resolution – Regular School Board Election – September 8, 2015 (Laurel Day) Exhibit: BA-15-471.1 Action Item Pertinent Fact(s): 1. Iowa Code requires the Board of Education to approve a Resolution calling for a Regular School
Board Election on Tuesday, September 8, 2015. 2. Upon approval of such Resolution by the Board of Directors, authorization will be submitted to
the Linn County Commissioner of Elections to schedule the election. 3. Petitions and affidavits for candidacy for Board of Directors seats were filed with the Secretary of
the School Board no earlier than Monday, July 6, 2015, and no later than 5:00 pm Thursday, July 30, 2015.
Recommendation:
It is recommended that the Board of Education approve the Resolution calling for the Regular School Board Election for Tuesday, September 8, 2015.
RESOLUTION OF REGULAR ELECTION
WHEREAS, the Code of Iowa provides regular school elections shall be held biennial on the second
Tuesday in September in each school corporation for the purpose of submitting to the voters thereof any
matters authorized by law.
SECTION 1. That a regular school election is scheduled by law to be held in and for the Cedar
Rapids Community School District, in the county of Linn, state of Iowa, on the 8th day of September, 2015, at which there shall be submitted to the voters of said district the following to-wit:
SUBSECTION A. For the election of (1) School Director to be elected for District One.
Said election shall be for a term of four (4) years to succeed the member whose term expires at the
organization of the Board of Directors at the first regular meeting immediately following the election and
shall hold office for the term for which elected and until a successor is elected or appointed and qualified.
SUBSECTION B. For the election of (1) School Director to be elected for District Four.
Said election shall be for a term of four (4) years to succeed the member whose term expires at the
organization of the Board of Directors at the first regular meeting immediately following the election and
shall hold office for the term for which elected and until a successor is elected or appointed and qualified.
SUBSECTION C. For the election of (2) School Directors to be elected for At Large.
Said election shall be for a term of four (4) years to succeed the members whose term expires at the
organization of the Board of Directors at the first regular meeting immediately following the election and shall hold office for the term for which elected and until successors are elected or appointed and qualified.
SECTION 2. That for said election all applicable provisions of the laws of Iowa, pertaining to
elections and school elections shall become a part of this resolution as though set forth fully herein.
SECTION 3. That at the first regular meeting after the regular school election, September 14 or 28,
2015, the Board of Directors of the Cedar Rapids Community School District shall convene in the Board
Room of the Educational Leadership and Support Center, 2500 Edgewood Rd NW, Cedar Rapids, Iowa, in
said school district for the purpose of the organizational meeting of the school board.
President, Board of Directors
ATTEST:
Secretary, Board of Directors
BA-15-471.1
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA
BA-15-472 Purchasing Register – Servers and SAN (Storage Area Network) (Lori Bruzek\Tom Day)
Exhibit: BA-15-472.1
Action Item
Pertinent Fact(s):
1. Based on recommendation from the Technology SILO Oversight Committee, the District isseeking bids on a new SAN (storage area network) solution. The District will upgrade the currentstorage system to improve system performance and increase storage capacity.
2. District servers are also schedule for replacement at this time. Due to fiber connectivity now inplace between buildings, the District is able to reduce the number of servers needed throughout theDistrict by approximately one-third.
3. The SAN solution and servers replacements are anticipated expenditures based on a five-yearrefresh cycle to core District systems and is covered the Technology SILO budget.
Recommendation:
It is recommended that the Board of Education approve Purchasing Register – Servers and SAN (Storage Area Network).
CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT Purchasing Department
2500 Edgewood Rd NW
Cedar Rapids, IA 52405
PURCHASING REGISTER
Purchases for approval or ratification
Description: SAN and Server Replacement
School: District
Budget Year: 2015
First Notice Date: May 12, 2015
Second Notice Date: May 19, 2015
Bid Due Date: June 2, 2016
Estimated Cost: $400,000.00
BA-15-472.1
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-473 Agreement – Cedar Rapids Community Schools and Juvenile Court School-Based Liaisons
1. The on-going Agreement is between Cedar Rapids Community School District, Juvenile Court Services (JCS) of the 6th Judicial District, and the Iowa Department of Human Services (DHS). The Agreement covers the services of three Juvenile Court School Liaisons that serve adjudicated and at-risk students in our elementary, middle schools, high schools and our alternative high school.
2. The costs of the services shall be allocated as follows: for the school-based liaisons 50% comes
from DHS and the JCO’s and at least 50% from the district. 3. The Cedar Rapids Community School District’s portion of services is from the Drop Out
allocation. Recommendation: It is recommended that the Board of Education approve the on-going Agreement between Cedar Rapids
Community School District, Juvenile Court Services, and the Iowa Department of Human Services for Juvenile Court School Liaisons.
JUV-12-SB-6-002
Page 1 of 2
Fourth Amendment to the Juvenile Court School Liaison Program
Contract
This Amendment to Contract Number JUV-12-SB-6-002 is effective as of July 1, 2015, between
the Juvenile Court Services for the 6th Judicial District of Iowa (JCS), the Iowa Department of
Human Services (Agency), and Cedar Rapids Community School District (Contractor).
Section 1: Amendment to Contract Language
The Contract is amended as follows:
Revision 1. Contract Duration. The Contract is hereby extended from July 1, 2015, through
June 30, 2016.
Revision 2. Section 5.1, Rate and Maximum Amounts, is deleted and replaced as follows:
5.1.1 The maximum program cost for the fifth year of the contract is $304,000.
(1) Fifth year program costs 50% or $152,750 paid by the DHS.
1. $150.00 per Liaison for the Annual School Liaison Conference expenses.
2. $152,000 for Salary, Taxes, Retirement and Benefits
(2) Fifth year program costs 50% or $152,000 paid by the District
Revision 3. Section 6.2 Term, is hereby amended as follows:
6.2 Renewal Terms. JCS and the DHS may, in their sole discretion, renew this contract for one
(1) additional one-year terms. JCS and the DHS have executed the option for a one term period
from July 1, 2015 to June 30, 2016.
Section 2: Ratification & Authorization
Except as expressly amended and supplemented herein, the Contract shall remain in full force
and effect, and the parties hereby ratify and confirm the terms and conditions thereof. Each party
to this Amendment represents and warrants to the other that it has the right, power, and authority
to enter into and perform its obligations under this Amendment, and it has taken all requisite
actions (corporate, statutory, or otherwise) to approve execution, delivery and performance of
this Amendment, and that this Amendment constitutes a legal, valid, and binding obligation.
BA-15-473.1
JUV-12-SB-6-002
Page 2 of 2
Section 3: Execution
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for
other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are
hereby acknowledged, the parties have entered into the above Amendment and have caused their
duly authorized representatives to execute this Amendment.
Juvenile Court Services, 6th Judicial District of Iowa Iowa Department of Human Services
Signature of Authorized Representative: Date: Signature of Authorized Representative: Date:
Printed Name: Candice L. Bennett, Chief Juvenile
Court Officer
Printed Name: Charles M. Palmer, Director
Cedar Rapids Community School District
Signature of Authorized Representative: Date:
Printed Name:
Laurel A. Day
5/11/15
BA-15-473.2
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-474 Cooperative Agreement – CRCSD Kennedy High School with Xavier High School for
Orchestra 2015-2016 School Year (Mary Ellen Maske) Exhibit: BA-15-474.1 Action Item Pertinent Fact(s): 1. According to Iowa Code 281-36.20(280), in the event a school does not directly make
participation in an interscholastic activity available to its students, the governing board of the school may, by formally adopted policy, if among its own attendance centers, or by written agreement with the governing board of another member school or schools, provide for the eligibility of its students in interscholastic activities provided by another school or schools.
2. Agreements shall be for a minimum of one school year. The proposed agreement for
consideration and approval is a renewal for the 2015-16 school year. 3. An application for “Cooperative Sponsorship of an Activity” has been received by the Cedar
Rapids School District: ~on behalf of Xavier High School and Cedar Rapids Kennedy High School for the 2015-16 school year.
Recommendation:
It is recommended that the Board of Education approve the Application for Cooperative Sponsorship of an Activity on behalf of Xavier High School and Cedar Rapids Kennedy High School for the 2015-16 school year and, submit the application to the appropriate governing organizations.
BA-15-474.1
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-475 Agreement – Cedar Rapids Community Schools and Unity Point St. Luke’s Hospital (Sheila Lehman) Exhibit: BA-15-475.1 Action Item Pertinent Fact(s):
1. This is an on-going and unchanged Agreement between the Cedar Rapids Community School District and St. Luke’s Hospital that provides educational services to young people while they are in temporary residential care in the psychiatric unit at St. Luke’s Hospital.
2. Two District teachers and two paraprofessionals work in an elementary child unit and secondary
adolescent unit respectively within the locked area at the hospital. Children who are patients in the units attend school for half of each day until they are discharged.
3. St. Luke’s Hospital provides the classroom space and hospital support services as a part of the
Agreement. Recommendation:
It is recommended that the Board of Education approve the on-going Agreement between the Cedar Rapids Community Schools and Unity Point St. Luke’s Hospital.
AGREEMENT BETWEEN
THE CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT
AND UNITY POINT ST. LUKE’S HOSPITAL
This agreement is entered into by and between Cedar Rapids Community School District and Unity
Point St. Luke’s Hospital pursuant to the provisions of Senate File 2320.
Services to be provided under this agreement shall begin on August 19, 2015 and continue through
the end of the 15-16 school year (at this time noted as June 3, 2016) as described.
I. Cedar Rapids Community School District shall:
A. provide and supervise appropriately licensed staff for the classrooms within the Child
and Adolescent Psychiatric Unit of Unity Point St. Luke’s Hospital;
B. provide appropriate instructional materials and technology to support student needs;
C. maintain appropriate educational and billing data on students served in the educational
classes;
D. bill districts for educational services provided to non-resident students on a bi-monthly
basis;
E. apply fees collected on non-resident students served in the unit to the District cost of
operating the classes;
F. charge a 6% administrative fee for costs associated with billing other districts. The 6% is
based on the amounts billed to other districts and does not include any amount paid for
Cedar Rapids residents.
G. assist Unity Point St. Luke’s Hospital in compliance with the federal HIPAA (Health
A. provide appropriate educational and billing data to Cedar Rapids Community School
District;
B. provide space for the classes;
C. assume deficit costs for educational expenditures beyond the revenues collected for
resident and non-resident students served in the unit during the 2013-2014 school year
(deficit costs shall be paid to Cedar Rapids Community School District by June 30,
2016).
This agreement may be adjusted or terminated by mutual agreement due to funding or other
problematic reasons.
__________________________________________________ ____________________ Cedar Rapids Community School District Authorized Representative Date
__________________________________________________ ____________________ Unity Point St. Luke’s Hospital Authorized Representative Date
5/11/2015
BA-15-475.1
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-476 Agreement – Cedar Rapids Community School District and Linn County DECAT –
Life Skills Coach (Paul Hayes) Exhibit: BA-15-476.1-26 Action Item Pertinent Fact(s): 1. The District has a number of at-risk children and children under the jurisdiction of juvenile court.
The program will serve students in elementary and middle school that are under the jurisdiction of juvenile court.
2. The Life Skills Coach will be housed at Polk Alternative Center to support identified students in
the District with issues such as behavior, truancy, and achievement of academic goals. 3. DECAT fully funds cost of the program. Recommendation: It is recommended that the Board of Education approve the Agreement between the Cedar Rapids
Community School District and Linn County DECAT – Life Skills Coach.
DCAT4-16-009
Page 1 of 26
Form Date 3/30/15
CONTRACT DECLARATIONS AND EXECUTION Intergovernmental Contract: Non-State Agency
RFP # Contract #
N/A DCAT4-16-009
Title of Contract
Life Skills Coach at Cedar Rapids Community School District
This Contract must be signed by all parties before the Contractor provides any Deliverables. The Agency is not
obligated to make payment for any Deliverables provided by or on behalf of the Contractor before the Contract is
signed by all parties. This Contract is entered into by the following parties:
Agency of the State (hereafter “Agency”) Name/Principal Address of Agency: Iowa Department of Human Services
1305 E. Walnut
Des Moines, IA 50319
Agency Billing Contact Name / Address: Judy Phelps
or use of a controlled substance in the performance of
the Contract.
2.14.4.3 Notification Requirement. The Contractor
shall, within thirty (30) days after receiving notice
from an employee of a conviction pursuant to 41
U.S.C. § 701(a)(1)(D)(ii) or 41 U.S.C. §
702(a)(1)(D)(ii):
2.14.4.3.1 Take appropriate personnel action against
such employee up to and including termination; or
2.14.4.3.2 Require such employee to satisfactorily
participate in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal,
State, or local health, law enforcement, or other
appropriate agency.
BA-15-476.1-26
Page 25 of 26
Form Date 3/30/15
2.14.5 Conflict of Interest. The Contractor
represents, warrants, and covenants that no
relationship exists or will exist during the Contract
period between the Contractor and the Agency that is
a conflict of interest. No employee, officer, or agent
of the Contractor or subcontractor shall participate in
the selection or in the award or administration of a
subcontract if a conflict of interest, real or apparent,
exists. The provisions of Iowa Code chapter 68B
shall apply to this Contract. If a conflict of interest is
proven to the Agency, the Agency may terminate this
Contract, and the Contractor shall be liable for any
excess costs to the Agency as a result of the conflict
of interest. The Contractor shall establish safeguards
to prevent employees, consultants, or members of
governing bodies from using their positions for
purposes that are, or give the appearance of being,
motivated by the desire for private gain for
themselves or others with whom they have family,
business, or other ties. The Contractor shall report
any potential, real, or apparent conflict of interest to
the Agency.
2.14.6 Certification Regarding Sales and Use Tax.
By executing this Contract, the Contractor certifies it
is either (1) registered with the Iowa Department of
Revenue, collects, and remits Iowa sales and use
taxes as required by Iowa Code chapter 423; or (2)
not a “retailer” or a “retailer maintaining a place of
business in this state” as those terms are defined in
Iowa Code § 423.1(42) and (43). The Contractor also
acknowledges that the Agency may declare the
Contract void if the above certification is false. The
Contractor also understands that fraudulent
certification may result in the Agency or its
representative filing for damages for breach of
contract.
2.14.7 Reserved. (Certification Regarding Iowa
Code Chapter 8F).
BA-15-476.1-26
DCAT4-16-009
Page 26 of 26
Form Date 1/23/15
SECTION 3: SPECIAL CONTRACT ATTACHMENTS
The Special Contract Attachments in this section are a part of the Contract.
N/A
BA-15-476.1-26
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-477 Agreement – Cedar Rapids Community School District and Academy for Scholastic and
Personal Success (Paul Hayes) Exhibit: BA-15-477.1-3 Action Item Pertinent Fact(s):
The purpose of the Agreement is to provide a six-week summer program with follow up throughout the year for African American students to enhance self-concept and increase academic achievement.
Recommendation: It is recommended that the Board of Education approve the on-going Agreement between the Cedar
Rapids Community School District and the Academy for Scholastic and Personal Success.
AGREEMENT BETWEEN THE CEDAR RAPIDS COMMUNITY SCHOOL
DISTRICT AND The Academy for Scholastic and Personal Success (The Academy)
FOR Funding and In-Kind Support
THIS AGREEMENT is made and entered into on the 11th day of May, 2015, by and
between the Cedar Rapids Community School District (the “District”) and The Academy
for Scholastic and Personal Success. The parties agree as follows:
1. PURPOSE. District support of The Academy mission to provide cultural
reinforcement and academic skill-building information to selected African
American students in District elementary and high schools.
2. TERM. The term of this Agreement shall be from May 11, 2015 to May 10, 2016.
The parties hereto agree this Agreement shall be effective upon completion by The
Academy and acceptance by The District of the District’s Course Proposal process as
determined by the Director of Curriculum & Instruction AND its execution by both
parties and the duration shall be coterminous with the provisions contained herein.
3. RESPONSIBILITIES OF THE PARTIES
The Academy for Scholastic and Personal Success shall be responsible for the
following.
A. Academy shares the selection criteria and selection process.
B. Academy enrollment information (contact information, school affiliation and
grade for students who enroll The Academy and/ Academy Expansion programs)
C. Complete and accurate student enrollment, attendance, completion and accounting
to ensure accurate and timely payment for services.
D. Data on student progress during The Academy summer session
E. Data on parent participation in required Academy events
F. Data on Academy student progress/recidivism during the school year following
The Academy summer session
G. Information on student course selection following an Academy summer session
H. Information on post-high school education plans
I. Presentation(s) to the School Board as needed or requested
J. Tracking funds using District technology
K. Apprise relevant personnel of Academy mission
L. Other responsibilities as determined by further review
M. Evaluation data, (i.e.; GPA, Class Rank, Attendance, etc...)
N. Collaboration and cooperation with other district and community programming.
O. Other programs
BA-15-477.1
The District shall be responsible for the following.
A. Funding in the amount of $1,000 per District student per year up to a maximum of
25 students. The District will fully fund only those students who successfully
complete the program and all its requirements. The District will issue all
payments under this Agreement to the Cedar Rapids School Foundation as fiscal
agent prior to the Academy. The District will reconcile with the Foundation at the
conclusion of the Academy for adjustments based on student completion of the
program.
B. Awarding appropriate District elective credit to successful completers. The
District will award the elective credit each time a District student enrolls in and
successfully completes the program, up to three times.
C. Bulk rate postage services
D. Assistance with approvals in accordance with designated time lines
E. Assistance with task and projects
F. Training in use of technology necessary to track deposits
G. Apprising relevant personnel of Academy mission
H. Assistance with marketing materials
I. Assistance with the development of an Academy web site
J. Assistance with data tracking, entry, and maintenance
K. Development of a system of reporting, culminating in an annual report to the
School Board
L. Other responsibilities as determined by further review
4. INSURANCE AND INDEMNIFICATION
A. During the duration of this Agreement, the The Academy will provide a
certificate of insurance naming the District as additional insured with general
liability insurance limits of $2,000,000.
B. The District will indemnify and hold harmless the The Academy from and
against any and all losses, costs, damages and expenses, including reasonable
attorneys' fees and expenses, occasioned by, or arising out of, the District's
negligence or willful misconduct in the performance of its duties under this
Agreement.
C. The Academy will indemnify and hold harmless the District from and against any
and all losses, costs, damages and expenses, including reasonable attorneys' fees
and expenses, occasioned by, or arising out of, the The Academy negligence or
willful misconduct in the performance of its duties under this Agreement.
5. TERMINATION.
A. Termination for Cause. The occurrence of any one or more of the following
events shall constitute cause for either party to declare the other party in default of
its obligations under the Agreement:
1. Failure to make substantial and timely progress toward performance of the
Agreement.
BA-15-477.2
2. Failure of the party's work product and services to conform with any
specifications noted herein.
3. Any other breach of the terms of this agreement.
B. Notice of Default. If there occurs a default event under Section 5A, the non-
defaulting party shall provide written notice to the defaulting party requesting that
the breach or noncompliance be immediately remedied. In the event that the
breach or noncompliance continues to be evidenced ten days beyond the date
specified in the written notice, the non-defaulting party may either:
1. Immediately terminate the Agreement without additional written notice; or,
2. Enforce the terms and conditions of the Agreement and seek any available
legal or equitable remedies.
In either event, the non-defaulting party may seek damages as a result of the
breach or failure to comply with the terms of the Agreement.
6. CONTACT PERSON. The Contact Persons shall serve until the expiration of the
Agreement or the designation of a substitute Contact Person. During the term of this
Agreement, each Contact Person shall be available to meet, as otherwise mutually
agreed, to plan the services being provided under the Agreement. The Contact
Persons are as follows:
Paul Hayes
Executive Manager of Learning Supports
Cedar Rapids Community School District
2500 Edgewood Road NW
Cedar Rapids, Iowa 52405
Ruth E. White
Executive Director/Founder
Academy for Scholastic and Personal Success
319 Eastland Dr. SE
Cedar Rapids, IA 52403
Cedar Rapids Community School District The Academy for Scholastic and
CONSENT AGENDA BA-15-478 Agreement – Cedar Rapids Community School District and Four Oaks Family and
Children’s Services (Sheila Lehman) Exhibit: BA-15-478.1-2 Action Item Pertinent Fact(s): 1. Four Oaks operates a special treatment center at Bertram for middle and high school boys with
behavioral disabilities relating to sexual perpetration. 2. The facility provides residential placement, therapeutic, and education services to boys that are
court committed from eastern Iowa. 3. Under Iowa Administrative Code, it is the responsibility of each school district to provide for the
provision of appropriate special education services for all disabled students within their boundaries.
4. The Cedar Rapids Community School District, therefore, has responsibility under the code for the
provision of special education services at the Four Oaks Bertram facility.
5. The Cedar Rapids Community School District currently operates three (3) instructional classrooms at the Bertram site.
6. The behavioral needs of the students are best served through educational facilities that are in close
proximity to the residential cottages and treatment service at the Bertram site.
Recommendation: It is recommended that the Board of Education approve the Agreement between the Cedar Rapids
Community School District and Four Oaks Family and Children’s Services.
1
AGREEMENT BETWEEN
THE CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT
AND
FOUR OAKS FAMILY AND CHILDREN’S SERVICES
FOR THE LEASING OF EDUCATIONAL FACILITIES
AND PROVIDING OF EDUCATIONAL SERVICES
This Agreement is made and entered into by and between FOUR OAKS FAMILY AND CHILDREN’S
SERVICES (Four Oaks) and CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT (School District) for the
primary purpose of providing educational facilities and classes at the STOP Program in Bertram, Iowa.
WHEREAS, Four Oaks provides residential treatment for children requiring special education instruction at the
Bertram site; and
WHEREAS, School District desires to provide such instruction in facilities located at the Bertram site; and
WHEREAS, both parties have reached certain agreements and understandings concerning the leasing of such
school facilities and the respective obligations of the parties in connection with the conduct of such special
education classes and wish to reduce their agreements and understandings to writing.
NOW, THEREFORE, in consideration of the respective services and payments to be provided by the parties and
for other good and valuable consideration, it is agreed as follows:
1. Four Oaks shall lease to School District a 5,261 square foot school building consisting of three
classrooms, a combination computer lab and library, staff workroom, de-escalation room, storage areas
and bathroom facilities.
2. Four Oaks has constructed an adjacent 2,600 square foot Multipurpose Room that may be utilized by the
special education staff and students at no additional fee or cost to the School District.
3. School District shall pay Four Oaks the amount of $70,216 for use of the school building, including all
utilities, maintenance and cleaning. Lease payments shall be in twelve equal monthly installments of
$5,851.33 commencing July 1, 2015.
4. Furthermore, School District shall:
a. Staff and supervise the educational classes within the Four Oaks program at the Bertram site;
b. Maintain appropriate educational and billing data on students served in the educational classes;
c. Serve as the primary interface with districts of non-resident students served in the educational
classes;
d. Bill districts for educational services provided to non-resident students;
e. Apply fees collected on non-residential students served in the classes to the School District’s cost
of operating the classes;
f. Comply in all respects with the Civil Rights Act of 1964 (P.L. 88-352) to the effect that no person
shall, on the grounds of race, color, or national origin, be denied the benefits of, or otherwise
subject to discrimination under any program or activity for which the agency receives federal
assistance and will immediately take any measure necessary to effectuate compliance with this
statute.
4. Four Oaks agrees to:
a. Provide therapeutic residential support services to support students served in the classes;
b. Provide emergency support services for students in this program needing special interventions;
c. Collaborate with educational staff on the delivery of educational and residential services;
BA-15-478.1
d. Provide general liability and property insurance coverage for the facility leased herein naming the
School District as an additional insured. School District shall be notified in writing in the event
that insurance coverage for the facility is cancelled.
Term of Agreement:
The term of this Agreement shall be from July 1, 2015 through June 30, 2016. Subsequent terms
shall commence on July 1st and end on the following June 30th. It is the good faith intention of both
parties to renew this Agreement annually hereafter unless there is a substantial change in
circumstances. A party intending to not renew this Agreement shall give written notice to the other
party not less than 90 days prior to June 30th, with respect to the renewal that would otherwise
commence on July 1st (the beginning of the fiscal year for purposes of this Agreement).
Correspondence for purposes of notification shall be sent to: Executive Director of Special Services,
Cedar Rapids Community School District, 2500 Edgewood Rd NW, Cedar Rapids, (School District)
and Controller - Finance, Four Oaks, 5400 Kirkwood Blvd. SW, Cedar Rapids, IA 52404, (Four
Oaks).
Mutual Obligations:
1. The parties shall each provide property and professional liability insurance coverage for their
respective interests in the property and staff used in connection with and as part of this facility and
educational program. More specifically, the School District shall provide contents insurance
coverage for all School District owned property stored on the premises. Four Oaks shall provide
property insurance coverage for the facility and coverage for any contents that it may own on the
premises.
2. The parties shall each be responsible for maintenance of its respective equipment used hereunder,
including all repairs and replacements thereof.
3. Routine maintenance and cleaning of the leased facility shall be the responsibility of Four Oaks.
4. The parties shall enter into discussions and reach good-faith agreement from time to time
concerning the respective obligations of the parties for the cost of improvements to and remodeling of
the leased facility, as well as with respect to the purchase of additional equipment.
IN WITNESS WHEREOF, the parties have approved and caused this Agreement to be signed by them in Cedar
Rapids, Iowa.
CEDAR RAPIDS COMMUNITY FOUR OAKS FAMILY AND CHILDREN’S
CONSENT AGENDA BA-15-479 Agreement – Cedar Rapids Community School District and Goodwill Industries for
Janitorial Services at the Transition Center (Sheila Lehman) Exhibit: BA-15-479.1-3 Action Item Pertinent Fact(s):
1. The District’s Transition Center is located on the second floor of the Kubias Building at 311 3rd
Ave SE, Cedar Rapids and as such is not physically connected to one of our school buildings. 2. Goodwill Industries employs adults with disabilities whom they train for various occupations
including janitorial work.
3. Coordinating with Goodwill Industries is an economical way to provide janitorial services to one of our small off-site locations.
Recommendation: It is recommended that the Board of Education approve the Agreement between the Cedar Rapids
Community School District and Goodwill Industries for Janitorial Services at the District’s off-site Transition Center.
Page 1 of 3
AGREEMENT CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT
AND GOODWILL INDUSTRIES OF THE HEARTLAND
This AGREEMENT is made and entered into by and between the Cedar Rapids Community School District, an Iowa public school corporation (the "District") and the Goodwill Industries of the Heartland ("Goodwill Industries").
1. Purchased Services. Goodwill Industries shall provide a job candidate responsible for the janitorial services outlined below.
2. Job Duties to be completed. Daily
1) Vacuum - All carpeted areas 2) Bathrooms
a. Change and stock all paper products b. Fill soap dispensers c. Sanitize toilets. d. Sanitize sinks and counters e. Clean mirrors f. Sweep and mop the floors g. Wipe down shower stalls as needed
3) Kitchen Areas / Activity Areas a. Wipe down appliances inside and out (microwaves, stove, etc.) b. Wipe down counter, drawers and cabinets (disinfect all kitchen drawer &
cupboard handles) c. Sanitize tables d. Refill soap dispenser and paper towels e. Dust computer terminals and keyboards f. Sweep and mop all tiled floors
4) Conference Room a. Sanitize tables
5) Storage/Wash Dryer Areas a. Wipe down washer and dryer appliances
6) Extra a. Wash front and side glass door windows (inside and out weekly) b. Wipe down drinking fountains c. Sanitize all door handles d. Spray anti-bacterial spray on all office telephone receivers e. Complete other duties requested by staff or written in the communication
log f. Notify Cedar Rapids Community Schools Transitions Center staff when the
cleaning supplies inventory is low g. Maintain positive public relations with Cedar Rapids Community Schools
Transitions Center staff Weekly
1) Dusting a. Wipe window ledges and cleared flat surfaces b. Dust tables and wood furniture c. Dust any art on the walls d. Spot clean office windows, glass surfaces, microwaves and televisions
BA-15-479.1
3. Additional Provisions. The District will provide all cleaning supplies and equipment needed to complete the contracted services and is responsible for maintaining equipment in good working order. Goodwill Industries will provide drop in Job coaching, who will be responsible for quality assurance of the cleaning services completed.
4. Services Provided by Goodwill Industries. Assist with training to assure the work is done according to the written or verbal specifications of the Cedar Rapids Community Schools Transition Center. Submit a monthly bill to the District for the total hours worked. Complete additional cleaning projects at the worksite as requested by the Cedar Rapids Community Schools Transition Center. If extra time is required we will adjust the bill to reflect the time spent cleaning
5. Terms. Goodwill shall provide cleaning services the Cedar Rapids Community Schools Transition Center every Monday, Wednesday, and Friday from 12:45-2:45 p.m. excluding those days that may fall on the designated school holidays and scheduled in service days including Labor Day, Friday after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve and Day, Fall, Winter and Spring Breaks.
The expected time to complete the cleaning is two hours each visit. Should adjustments need to be made to this schedule, a new contract would be written and submitted for approval within 90 days of the start date. The works shift may also be adjusted depending on the cleaning needs of Cedar Rapids Community Schools Transitions Center.
6. Costs Incurred by Goodwill Industries. Social Security Taxes Workers Compensation Insurance Payroll Costs Indirect Expenses Unique-to-Contract
.
7. Payments. Goodwill Industries will submit a monthly bill for the total hours worked at the rate of $13.32 per hour. These rates reflect the worker’s wages, worker compensation costs, other indirect expenses and payroll taxes for which Goodwill Industries is responsible. An increase in minimum wage due to legislative action may result in the need to revise the $13.32 hourly rate. If this occurs after this agreement is signed, both parties agree to negotiate a new reasonable hourly wage for the timeframe of this agreement. An amendment for this purpose can be documented through a letter of understanding.
8. Term and Termination. The term of this Agreement shall be August 25, 2015 through the end of the 2015-16 school year. Goodwill Industries or the District may terminate this contract for services within two weeks written notice with neither party liable to the other for damages caused by the cancellation of this agreement.
9. Notices. Any and all notices provided for in this Agreement shall be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, or by Federal Express, courier or other similar and reliable carrier which shall be addressed to each party as set forth as follows:
BA-15-479.2
If to the District: If to Goodwill Industries:
Sheila Lehman Shannon Jamison Cedar Rapids Community School District Goodwill Industries of the Heartland 2500 Edgewood Rd. NW 1441 Blairs Ferry Rd. NE Cedar Rapids, Iowa 52405 Cedar Rapids, Iowa 52402
GOODWILL INDUSTRIES OF CEDAR RAPIDS COMMUNITY THE HEARTLAND SCHOOL DISTRICT
By _________________________________ By_________________________________ Typed Name: Shannon Jamison Typed Name: Mary Meisterling
Position:____________________________ Board President
____________________________________ ______________________________ Date Date
The Code of Iowa Chapter 12C requires that the Board annually approve the banks, savings associations, (formerly savings and loans) and credit unions and associated maximum balances in which the District funds including student activity accounts may be deposited.
Recommendation: It is recommended that the Board of Education approve the Resolution Naming Depositories.
RESOLUTION NAMING DEPOSITORIES
RESOLVED, that the Board of Education of the Cedar Rapids Community School District in Linn
County, Iowa, approves the following list of financial institutions to be depositories of the Cedar Rapids
Community School District funds in conformance with all applicable provisions of Iowa Code Chapter
12C. The Treasurer is hereby authorized to deposit the Cedar Rapids Community School District funds
in amounts not to exceed the maximum approved for each respective financial institution as set out
below.
MAXIMUM BALANCE
LOCATION OF IN EFFECT UNDER
DEPOSITORY NAME HOME OFFICE THIS RESOLUTION
Bank of the West San Francisco, CA $60,000,000
Bankers Trust Cedar Rapids, IA $60,000,000
BankIowa Independence, IA $60,000,000
Cedar Rapids Bank & Trust Cedar Rapids, IA $60,000,000
Chase Louisville, KY $60,000,000
Collins Credit Union Cedar Rapids, IA $60,000,000
Commercial Federal Bank Savings Assoc. Omaha, NE $60,000,000
Farmers State Bank Marion, IA $60,000,000
Guaranty Bank & Trust Company Cedar Rapids, IA $60,000,000
Heritage Bank Delhi, IA $60,000,000
Hiawatha Bank & Trust Company Hiawatha, IA $60,000,000
Hills Bank & Trust Company Hills, IA $60,000,000
HSBC New York, NY $60,000,000
Linn Area Credit Union Cedar Rapids, IA $60,000,000
Regions Bank Bellevue, IL $60,000,000
Union Planters Bank Waterloo, IA $60,000,000
US Bank, NA Minneapolis, MN $60,000,000
Wells Fargo Bank Iowa. N. A. Minneapolis, MN $100,000,000
CERTIFICATION. I hereby certify that the foregoing is a true and correct copy of a resolution of the
Cedar Rapids Community School District adopted at a meeting of said public body, duly called and held
the 11th day of May, 2015, a quorum being present, as said resolution remains of record in the minutes
of said meeting, and it is now in full force and effect.
Dated this 11th day of May, 2015
______________________________________________
Board Secretary
CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT
2500 Edgewood Road NW
Cedar Rapids, IA 52405
BA-15-480.1
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA
BA-15-481 Tabulation – Microsoft Licensing (Tom Day/Lori Bruzek)
Exhibit: BA-15-481.1
Action Item
Pertinent Fact(s):
1. The District is at the end of a three-year commitment on the current Microsoft Enrollment forEducation Solutions (EES) licensing contract. Bids were requested for a new agreement.
2. The District has participated in this, or a similar Microsoft Volume Licensing program forapproximately 15 years. The program provides a cost-effective means for the District to acquireand ensure compliance with Microsoft software solution licensing requirements. The Districtleverages this agreement for Microsoft desktop, server and cloud solutions.
3. The program costs have decreased significantly over the last 10 years, while the resources andsolutions provided have increased. Through participation in this program, the District haseliminated annual costs for separate endpoint protection (antivirus) and computer managementsolutions, saving the District approximately $70,000 annually.
4. The bid was sent to 46 vendors with 10 responses. Award is recommended to the lowest bidresponse.
Recommendation:
It is recommended that the Board of Education approve the Tabulation – Microsoft Licensing and recommended award.
Microsoft Annual Licensing Bid Tabulation
Annual subscription licensing for three years.
This licensing includes, but is not limited to:
Operating system upgrades for all District PCs and servers
Microsoft Office Professional Suite (Word, Excel, Power Point, Publisher, One Note, Lync, etc) for
all District computers
Computer endpoint protection solution for District computers
System Center Client Management Suite (PC and Server management solution)
Office 365 access for all students and staff
Student email accounts
Student and staff access to Office applications for personal devices
Estimated Annual Cost Vendor
no bid Southern Computer Warehouse
no bid OneNeck IT Solutions
$112,052.67 Global Government/Ed Solutions
$112,186.16 Insight Public Sector
$112,758.63 En Pointe Technology Sales Inc
$112,858.12 Shcholar Buys
$113,922.57 SHI
$113,936.53 Gov Connection Inc
$114,056.88 Encompass, Iowa LLC
$118,265.77 CDW Government Inc
Bids were sent to 46 vendors.
Global Governement/Ed Solution is located in Atlanta, GA.
BA-15-481.1
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-482 Proposal Acceptance – Vending Services (Tom Day) Action Item Pertinent Fact(s): 1. The District solicited proposals for Vending Services that offered the most favorable services,
variety, and nutritional value of products, with the greatest source of revenue for the District. Proposals were sent to 7 vendors with 3 responses received.
2. The contract also includes the Food and Nutrition Department and their catering programs.
3. The vending products are governed by the Board of Education Wellness Policy 610/Regulation
601.1, and the State of Iowa Title XII Chapter 58 School Breakfast and Lunch Program: Nutritional Content Standards for Other Foods and Beverages.
4. The contract does not include soft drinks/beverages/snacks sold or dispensed by booster clubs,
parent-teacher associations, school clubs, or similar organizations. Recommendation:
It is recommended that the Board of Education approve the Proposal Acceptance to Brokaw Vending/Pepsi America. Brokaw Vending is located in Cedar Rapids Iowa.
1. The District firewall solution provides a layer of security between the Internet and the District network. The current firewall solution is regularly reaching its maximum capacity resulting in disruption or delays for network users. The District needs to replace the solution to increase throughput capacity.
2. Firewalls solutions are also known as Unified Threat Management (UTM) devices. This is due to
the need to consolidate multiple applications into a single appliance at the network edge. A UTM device is a comprehensive solution that encompasses multiple network security functions including firewall, bandwidth management, VPN, intrusion detection, threat mitigation, gateway level antivirus and antispam, and detailed reporting functions.
3. The District is seeking proposals on a high-availability UTM solution to address internet access
throughput, leverage technology advancement to support load balancing across multiple Internet Service Provider connections, and provide efficiencies and improved reporting regarding network utilization.
4. Funding for the UTM firewall device will be covered by Technology SILO funds.
Recommendation:
It is recommended that the Board of Education approve the Purchasing Register – Unified Threat Management Firewall Device.
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-484 Agreement – Long Term Suspension - Student A (Mary Ellen Maske) Exhibit: Confidential Item Action Item Pertinent Fact(s):
The identified Student A’s long term suspension will be until the end of the 2014-2015 school year, June 5, 2015. The student’s parents have voluntarily waived a long term suspension hearing. Additional educational services may be provided by the District to the student during the long term suspension period.
Recommendation: It is recommended that the Board of Education approve the Agreement – Long Term Suspension for the
identified Student A. CONSENT AGENDA BA-15-485 Agreement – Long Term Suspension – Student B (Val Dolezal) Exhibit: Confidential Item Action Item Pertinent Fact(s):
The identified Student B’s long term suspension will be until the end of the 2014-2015 school year, June 5, 2015. The student’s parents have voluntarily waived a long term suspension hearing. Additional educational services may be provided by the District to the student during the long term suspension period.
Recommendation: It is recommended that the Board of Education approve the Agreement – Long Term Suspension for the
identified Student B.
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-486 Agreement – Long Term Suspension – Student C (Val Dolezal) Exhibit: Confidential Item Action Item Pertinent Fact(s):
The identified Student C’s long term suspension will be until the end of the 2014-2015 school year, June 5, 2015. The student’s parents have voluntarily waived a long term suspension hearing. Additional educational services may be provided by the District to the student during the long term suspension period.
Recommendation: It is recommended that the Board of Education approve the Agreement – Long Term Suspension for the
identified Student C.
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-487 Memorandum of Understanding – Cedar Rapids Community School District and Workplace Learning Connection (Karla Ries) Exhibit: BA-15-487.1 Action Item Pertinent Fact(s):
1. The Workplace Learning Connection serves as the designated, single point of contact for work-based learning for students and teachers to explore and experience careers and workforce issues.
2. Mary Lou Erlacher and Tara Troester will share updates on plans to increase the number of
CRCSD students involved in job shadowing and internships.
3. While our comprehensive high schools are exemplary models for college readiness, a case can be made that expanding opportunities in career readiness will benefit the students in our community.
4. Compensation for the Memorandum of Understanding will be $36,348.00 paid in July, 2015.
Recommendation:
It is recommended that the Board approved the Memorandum of Understanding between the Cedar Rapids Community School District and Workplace Learning Connection (WLC).
BA-15-487.1
May 11, 2015
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-488 Approval – Meal Price Increase for the 2015-2016 School Year (Suzy Ketelsen) Action Item Pertinent Fact(s):
1. The Department of Food and Nutrition finds it necessary to increase breakfast and lunch prices to comply with guidelines of the Healthy, Hunger-Free Kids Act of 2010 (HHFKA).
The recommended increase is as follows:
2. The Paid Meal Equity provision of the HHFKA requires schools to annually assess their prices with the end goal of all paid lunch prices at least equaling the free reimbursement rate minus the paid reimbursement rate.
a. The average paid lunch price for the 2015-16 school year will be based on the federal reimbursement for the 2014-15 school year.
b. Districts do not have to meet the $2.70 paid lunch price requirement immediately. The
regulations allow for a gradual increase in paid lunch prices.
3. The Healthy, Hunger-Free Kids Act of 2010 also outlines new Dietary Guidelines that must be followed.
a. These new guidelines specify that schools now must serve low-fat or fat-free milk, whole
grains, 1 cup of fruits or vegetables per day and a greater mix of vegetables, including weekly requirements for vegetables that are dark green, red or orange and starchy, and beans or peas. They also outline daily minimum amounts and weekly ranges for grains and meats.
b. While the District has been moving toward these new guidelines over the last few years, it is
anticipated that the cost to fully comply will increase the food budget significantly. c. Beginning 7/1/2014, Districts were required to serve an additional ½ cup serving of fruit at
breakfast.
LunchCurrent
Price
Proposed
Price Increase
Elementary 2.40$ 2.50$ 0.10$
Secondary 2.50$ 2.60$ 0.10$
Reduced Price 0.40$ 0.40$ ‐$
BreakfastCurrent
Price
Proposed
Price Increase
Elementary 1.50$ 1.60$ 0.10$
Secondary 1.60$ 1.70$ 0.10$
Reduced Price 0.30$ 0.30$ ‐$
Board Meeting: Monday, May 11, 2015
4. Financial impact for a family: If a student participates in the breakfast and lunch program every day, the increase would amount to approximately $4 monthly or $36 annually.
5. Price comparison of similar size districts:
Recommendation:
It is recommended that the Board of Education approve the Meal Price Increase (breakfast and lunch program) for the 2015-2016 school year as proposed.
$‐
$0.50
$1.00
$1.50
$2.00
$2.50
$3.00
$3.50
Elementary Middle High
2014‐15 Lunch Price Comparison
Cedar Rapids Davenport Des Moines Dubuque
Iowa City Sioux City Waterloo
$‐
$0.20
$0.40
$0.60
$0.80
$1.00
$1.20
$1.40
$1.60
$1.80
$2.00
Elementary Middle High
2014‐15 Breakfast Price Comparison
Cedar Rapids Davenport Des Moines Dubuque
Iowa City Sioux City Waterloo
Board Meeting: Monday, May 11, 2015
CONSENT AGENDA BA-15-489 Agreement – Long Term Suspension - Student D (Mary Ellen Maske) Exhibit: Confidential Item Action Item Pertinent Fact(s):
The identified Student D’s long term suspension will be until the end of the 2014-2015 school year, June 5, 2015. The student’s parents have voluntarily waived a long term suspension hearing. Additional educational services may be provided by the District to the student during the long term suspension period.
Recommendation: It is recommended that the Board of Education approve the Agreement – Long Term Suspension for the
identified Student D.
Board Meeting: Monday, May 11, 2015
LEARNING AND LEADERSHIP BA-15-490 iJAG – Iowa’s Jobs for America’s Graduates (Karla Ries) Exhibit: BA-15-490.1-7 Information Item Strategic Plan Goals ☒ Academic Performance/Achievement ☐ Community Involvement ☐ Fiscal Integrity ☐ Professional Workforce ☒ Student Development Pertinent Fact(s):
1. The Cedar Rapids Community School District has a partnership with Iowa’s Jobs for America’s
Graduates which focuses on increasing graduation rates and reducing dropout rates. 2. Currently CRCSD has iJAG programs at Washington High School and Jefferson High School. 3. iJAG offers opportunities for students to interact with local employers and community-based
organizations.
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s p e c i a l a d v e r t i s i n g s e c t i o n s p e c i a l a d v e r t i s i n g s e c t i o n
iJAG- Unlocking Student PotentialLaurie Phelan, President & CEO
Melissa O’Neil, Vice President
executive team
Year began:1999
number of students served in 2014-15:1,914
annual operating budget:$2,407,255
QUICK FACTS400 E 14th StGrimes State Office Building, 3rd FloorDes Moines, IA 50319phone: 515.242.5617fax: 515.242.5618 Website: www.ijag.org email: [email protected]
ConTACT
missioniJAG (Iowa Jobs for America’s Graduates) is an independent, statewide 501(c)(3) private nonprofit corporation. Our mission is to assist students with multiple life challenges in graduating from high school and successfully transitioning into a career and/or continued education. Over the past 15 years iJAG has grown from 8 to 37 programs (29 schools) serving nearly 2000 students in multiple communities across the state of Iowa and Illinois.
KeY services providediJAG offers a venue for students to interact with employers and community-based organizations. We teach 37 core competencies comprised of six skill sets: personal, leadership, communication, job attainment, job success and career development. Through projects and partnerships, iJAG students have the opportunity to demonstrate their skills with employers, legislators and community leaders. iJAG has a 15 year track record for increasing graduation rates, improving academic performance and attendance, job placement, and transitioning
students into continued education, careers, or the military. Through iJAG, secondary level students have the opportunity to “pay-it-forward” through 15 hours of service learning projects. They discover their individual talents, develop leadership skills and seize opportunities to achieve their personal potential.
KeY audiences servedIn its 15+year history, iJAG has mentored more than 11,000 students who were at the highest risk of disengaging from school or dropping out altogether.
maKe an investment in ijagiJAG guarantees graduation by unlocking student potential thanks to the support of generous donors like you. Share your passion for education with Iowa youth today when you make a tax-deductible donation to iJAG. At least 90 percent of all expenditures are used on iJAG programs serving Iowa’s children. We are also always in need of volunteers. Please contact iJAG if you are interested in an investment of time.
Lynn Graves, Chair
Elizabeth Baustian
Allen Bean
Beth Canuteson
Sue Cheek
Senator Bill Dotzler
Debi Durham
Beverly Flores
Dr. Brad Buck
Jeri Le Henry
Jerald Keene
Greg Kopp
Gail Kotval
Tracy Lewis
Greg Linde
Deon Pitsor
Dr. Ralph Plagman
Lt. Governor Kim Reynolds, Honorary Member
Tami Rubino
Michael Sadler
Joel Schmidt
Representative Quinton Stanerson
Representative Sharon Steckman
Kirk Tyler
Dee Vanderhoef
Jay Venenga
Teresa Wahlert
Senator Brad Zaun
board of directors
“iJAG has done way more
than just teach me the
basics I need to get at job;
it has completely turned my
life around for the better. ”
Did You Know:• iJAGisIowa’smostcosteffectivecollegeandcareerreadinessprogramforyouthat-risk.• Nearly60%ofourstudentsthatgotocollegearethefirstintheirfamilytoattendany
400 E 14th St, Des Moines, IA 50319 | www.ijag.org | 515-242-5617
BA-15-490.1
Mission Statement:
To assist students with
multiple barriers in
graduating from high school
and/or successfully
transitioning from high
school to continued
education and careers. iJAG
provides 12 months of
follow-up after graduation.
400 E. 14th St Des Moines, IA 50319
515-242-5617
www.ijag.org
Like us on Facebook!
=
When Stephon Ruffin entered the iJAG program, he had 2.16 GPA. Stephon started
Jefferson High School as a junior and was doing very well in school. He has a
magnetic personality that teachers and students loved about him, not to mention
he was extremely polite and personable. Unlike most of his classmates, Stephon
had barriers that most people will never experience in their lifetime.
Stephon was born in Chicago and was living in Joliet before he came to Cedar
Rapids to live with his older brother. He moved from Chicago to Joliet because of
the violence, association with gangs, and drugs, so his mom relocated him. Stephon
was able to handle the pressure that he was facing when moving to a new area.
Soon after he became acclimated to the different educational expectations,
meeting new friends and learning a new city, his mother began suffering from
heart problems. Due to his mother’s illness, Stephon had to work to support
himself, younger brother and mother to make ends meet. Things were not going
well for him so he moved to Cedar Rapids to live with his older brother.
After all of the obstacles Stephon had overcome, he now faced even more
hardships living with his brother. He was expected to leave school regularly to help
babysit his nephew, he was required to pay for all of his own things, and eventually
ended up homeless when his brother decided to move into a smaller house with
his family. By the beginning of his senior year in High School, Stephon was working
full-time at Nordstrom, attending high school full-time, and living with his girlfriend
illegally.
Stephon entered the iJAG program 3rd term of last year. Since joining the program,
he has managed to stay in school and increased his GPA to a 2.36. He was elected
iJAG Vice President of Social Leadership this year, continued to maintain and
increase his GPA. He has been accepted to Mount Mercy University, and has been
awarded the Catherine McCauley Scholarship, which will allow him to attend on
almost a full ride.
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Through our Electronic National Data Management System (ENDMS) we are able to track and monitor
student achievement and progress toward graduation. At the beginning, middle and end of the year the
following data is captured to monitor growth and progress. We measure average whole days of
unexcused absences, office referrals, GPA, and the number of barriers a student has to their success.
JAG National Standard iJAG Class of 2013
Graduation Rate 90% 97%
Positive Outcome Rate 80% 93%
Total Job Placement 60% 86%
Full-Time Placement 80% 96%
Full-Time Jobs 60% 80%
Further Education N/A 48%
Unable to Contact <5% 7%
STUDENT HIGHLIGHTS
We all know people want to hear directly from students. We have 45-50 students who are enrolled in
each iJAG class at High Schools that have the program, with an additional 15-20 students in follow-up.
Here is an additional story from the Cedar Rapids Jefferson High School iJAG program.
TYRESE WILSON
CLASS OF 2015:
Plans After Graduation: Attend College
Tyrese attended the Iowa College Tour over Spring Break and was accepted into Moorehouse College. He has not yet committed, but it was a huge honor for him. He is pursuing other 4 year colleges such as Oakwood in TN, UNI in Cedar Falls, IA, and Tennessee University.
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IOWA’S JOBS FOR AMERICA’S GRADUATES Unlocking Student Potential One Obstacle at a Time!
SERVICE HISTORY AND PERFORMANCE
Over the past fourteen years, iJAG programs have served 11,272 students statewide, exceeded the National JAG standard for graduation (National 90%; iJAG’s 95%), exceeded Iowa’s high school graduation rate of 90% and has graduated over 8,639 at-risk students. Of that number, 40% of iJAG participants have continued their education at colleges, universities, and other vocational and technical training centers.
Iowa Jobs for America’s Graduates (iJAG) is the only non-profit 501 c (3) organization in Iowa specifically created as a bipartisan public and private partnership with a laser focus on implementing a nationally successful model recognized for increasing graduation rates, reducing dropout rates; providing one year of follow-up supports after high school.
Since its inception, iJAG has leveraged state and local funding to consistently increase the level of private sector investments. The average program cost statewide is $70,040, approximately $1,592 per student year-round. iJAG longitudinal growth chart demonstrates the approximate distribution of funds per site.
#1Dropout
Prevention
Program
95%Graduation
Rate
28%
16%28%
28%
FUNDING STREAMS
Local Schools Special Grants State Appropriations Private
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OUR PROGRAM IS GROWING
iJAG has continued to show sustainable growth in the number of programs over 15 years; going from 10 programs in 2002 to 37 programs in the 2014-2015 academic year. Currently iJAG has a waiting list that includes 30 middle and high schools.
Program growth decisions are made based on a combination of the following three factors:
1. Schools must be one of the schools in Iowa that are either on the watch list for the No Child Left Behind (NCLB), and/or below state average graduation rate and/or above state average dropout rate.
2. The ability of iJAG to secure a blend of funding available to expand and sustain the program beyond the
implementation year.
3. Schools must agree to invest $18,000 toward the program operation as well as provide course credit and a classroom for the program.
When these three factors are addressed, the iJAG organization works closely with the school district administration and local community agencies, civic organizations and businesses to implement a quality iJAG program. Each program is evaluated formally twice annually for performance. iJAG is reviewed through an accreditation process by the national JAG organization every 3-4 years.
ADMINISTRATION BA-15-491 Approval – SILO Debt Refinancing (Steve Graham) Exhibit: BA-15-491.1-32 Action Item Strategic Plan Goals ☐ Academic Performance/Achievement ☐ Community Involvement ☒ Fiscal Integrity ☐ Professional Workforce ☐ Student Development Pertinent Fact(s):
1. At the March 9, 2015 Board meeting, the Board approved an engagement agreement between the District and Piper Jaffray for the placement of a School Infrastructure Sales, Services & Use Tax Revenue Refunding Bond. You will recall that the goal is to refinance as much of the existing outstanding debt as possible, locking today’s low fixed rates, for interest cost savings.
2. Piper Jaffray ran a process to solicit bank proposals for the placement of the refunding
debt. Attached to this communication is a listing of all banks contacted, many in the Cedar Rapids metro area.
3. After evaluating the proposals, Piper Jaffray has focused in on refinancing the 2011 bonds
(originally issued in the amount of $43.425MM at an interest rate of 5%) and the 2012 bonds (originally issued in the amount of $10MM, at an interest rate of 4.25%). Focusing on the 2011 and 2012 bonds, the proposal from Regions Bank is the lowest cost proposal, producing the greatest savings. Their interest rate proposal is 2.34% fixed for the life of the loan.
4. Piper Jaffray does not recommend refinancing the 2010 bonds (originally issued in the amount of
$30MM at an interest rate ranging from 4.25% to 5%) at this time, due to the longer call dates associated with the 2010 bond, which therefore makes the escrow expensive enough that the net savings from the refinancing, after fees, doesn’t meet an appropriate threshold.
5. The agenda includes resolutions appropriate to cover the refinancing, and we anticipate closing the
loan in early June. At that time, all issue costs will be finalized (as opposed to being estimates right now) and the savings will be locked in. Representatives from Piper Jaffray will be at that Board meeting to review the refinancing numbers and answer any questions you might have.
Recommendation:
It is recommended that the Board of Education approve the Resolution providing for the advance refunding of its $43,425,000 School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011 and $10,000,000 School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2012.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
MINUTES OF MEETING TO ISSUE SCHOOL INFRASTRUCTURE SALES, SERVICES AND USE TAX REVENUE REFUNDING BONDS, SERIES 2015
Cedar Rapids, Iowa
May 11, 2015
The Board of Directors of the Cedar Rapids Community School District met on the above date, at ______ o’clock ___.m. at the ______________________________, Cedar Rapids, Iowa.
The meeting was called to order by the Secretary of the Board, and the roll was called showing the following Directors present and absent:
Present:
Absent: .
• • •Other Business • • •
The Board took up for consideration the resolution next hereinafter set out. Board Member _______________ moved that the resolution be adopted, seconded by Board Member ______________. The President of the Board put the question on the motion, and the roll being called, the following named Directors voted:
Ayes:
Nays: .
Whereupon, the President of the Board declared the motion duly carried and the resolution duly adopted as hereinafter set out.
• • •Other Business • • •
At the conclusion of the meeting, and upon motion and vote, the Board adjourned.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
RESOLUTION
Resolution authorizing and providing for the issuance and securing the payment of School Infrastructure Sales, Services and Use Tax Revenue Refunding Bonds, Series 2015 and authorizing the execution and delivery of documents related thereto
WHEREAS, the Cedar Rapids Community School District (the “School District”), in the County of Linn (the “County”), State of Iowa, is entitled to receive proceeds of a statewide sales, services and use tax for school infrastructure (the “School Infrastructure Tax”), the revenue from which is deposited into the State Secure an Advanced Vision for Education Fund and distributed to the School District pursuant to Section 423E.4 of the Iowa Code, as amended, (the “School Infrastructure Tax Revenues”) and which taxes are and will continued to be collected as set forth therein; and
WHEREAS, the School District has adopted a revenue purpose statement setting forth the purposes for which it may use the School Infrastructure Tax Revenues, including but not limited to school infrastructure projects, and such revenue purpose statement was approved by the authorized electors of the School District on September 8, 2009; and
WHEREAS, the School District has previously issued the Outstanding Bonds (as defined herein) in accordance with the Outstanding Bond Resolutions (as defined herein) payable from the School Infrastructure Tax Revenues, and such Outstanding Bond Resolutions provided that additional Parity Bonds (as defined therein) payable from the School Infrastructure Tax Revenues may be issued on a parity with the Outstanding Bonds, provided that there has been procured and placed on file with the Secretary of the Board of Directors, a statement complying with the conditions and limitations therein imposed upon the issuance of said Parity Bonds; and
WHEREAS, the Board of Directors (the “Board”) of the School District is undertaking the advance refunding of the School District’s previous issues of (a) its School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011 issued in the principal amount of $43,425,000 (the “Series 2011 Bonds”) pursuant to the Series 2011 Bond Resolution (as defined herein) and the Series 2011 Bonds are optional for redemption on July 1, 2017 and any date thereafter, and (b) its School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2012 issued in the principal amount of $10,000,000 (the “Series 2012 Bonds” and, together with the Series 2011 Bonds, the “Prior Bonds”) pursuant to the Series 2012 Bond Resolution (as defined herein) and the Series 2012 Bonds are optional for redemption on June 1, 2017 and on any date thereafter; and
WHEREAS, pursuant to the provisions of Chapter 423E of the Code of Iowa, the School District deems it advisable and necessary to issue $56,924,000 School Infrastructure Sales, Services and Use Tax Revenue Refunding Bonds, Series 2015 (the “Series 2015 Bonds” and sometimes referred to herein as the “Bonds”), for the purposes refunding the Prior Bonds and paying costs of issuance and related costs of the Series 2015 Bonds, such Series 2015 Bonds shall be on a parity with the Outstanding Bonds; and
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
WHEREAS, a statement of Piper Jaffray & Co. has been placed on file in the office of
the Secretary of the Board of Directors, showing that the conditions and limitations of the Outstanding Bond Resolutions with regard to the sufficiency of School Infrastructure Tax Revenues for the issuance of the Series 2015 Bonds on a parity with the Outstanding Bonds have been met and satisfied as required by the Outstanding Bond Resolutions; and
WHEREAS, arrangements have been made for the sale of the Series 2015 Bonds to Regions Capital Advantage, Inc. (the “Lender”);
NOW, THEREFORE, Be It Resolved by the Board of Directors of the Cedar Rapids Community School District, as follows:
Section 1. The following terms with or without capitalization shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise:
“Act” shall mean Iowa Code chapters 423E and 423F, as from time to time amended and supplemented.
“Additional Bonds” shall mean any school infrastructure sales, services and use tax revenue bonds issued on a parity with the Series 2015 Bonds in accordance with the provisions of this Resolution.
“Bonds” or “Series 2015 Bonds” shall mean $56,924,000 School Infrastructure Sales, Services And Use Tax Revenue Refunding Bonds, Series 2015, authorized to be issued by this Resolution.
“Date of Taxability” shall have the meaning given such tem in the Series 2015 Bonds.
“Determination of Taxability” shall have the meaning given such term in the Series 2015 Bonds.
“Economic Refunding” shall mean the sale and issuance of refunding bonds issued to discharge and satisfy all or a part of the Series 2015 Bonds, any Outstanding Bonds or Parity Bonds in accordance with Section 11 of this Resolution, and to pay costs of issuance. The refunding (i) must produce annual debt service on the refunding bonds not greater than the total (remaining) debt service on the Series 2015 Bonds, the Outstanding Bonds or the Parity Bonds being refunded; (ii) shall not have a payment in any Fiscal Year (through maturity of the refunding bonds) that is greater than the payment in such Fiscal Year on the Series 2015 Bonds, Outstanding Bonds or the Parity Bonds being refunded, and (iii) shall have a final maturity no later than the final maturity of the Series 2015 Bonds, Outstanding Bonds or the Parity Bonds being refunded.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
“Escrow Agent” means Bankers Trust Company, or other entity as may be approved by the School District.
“Escrow Agreement” means the Escrow Agreement between the School District and the Escrow Agent dated as of June 1, 2015, as amended from time to time.
“Fiscal Year” shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the School District. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the first day of the succeeding Fiscal Year, except to the extent of any conflict with the terms of the Outstanding Bonds while the same remain outstanding.
“Governing Body” shall mean the Board of Directors of the School District.
“Independent Auditor” shall mean an independent firm of certified public accountants, an independent financial advisor, or the Auditor of State.
“Issuer” and “School District” shall mean the Cedar Rapids Community School District.
“Lender” shall mean Regions Capital Advantage, Inc., or an affiliate thereof.
“Outstanding Bonds” shall mean the Series 2010 Bonds, the Series 2010 QSCB Bonds, the Series 2011 Bonds, the Series 2012 Bonds and the Series 2014 Bonds, which remain outstanding and a lien on the School Infrastructure Tax Revenues.
“Outstanding Bond Resolutions” shall mean Series 2010 Bond Resolution, the Series 2010 QSCB Bond Resolution, the Series 2011 Bond Resolution, the Series 2012 Bond Resolution, and the Series 2014 Bond Resolution, collectively.
“Parity Bonds” shall mean bonds, notes or other obligations payable solely from the School Infrastructure Tax Revenues on an equal basis with the Outstanding Bonds, the Series 2015 Bonds and any Additional Bonds as authorized to be issued under the terms of this Resolution.
“Paying Agent” shall mean Regions Bank, or other entity as may be approved by the School District.
“Permitted Investments” shall mean any investments permitted in Iowa Code chapter 12B or section 12C.9. All interim investments must mature before the date on which the moneys are required for payment of principal and interest on the Series 2015 Bonds or costs of the Projects.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
“Registrar” shall mean Regions Bank or other entity as may be approved by the School District.
“Registrar and Paying Agent and Escrow Agreement” shall mean the Registrar and Paying Agent and Escrow Agreement between the School District and the Registrar and Paying Agent regarding the Series 2015 Bonds.
“School Infrastructure Tax” shall mean the School District’s portion of the one percent (1%) sales, services and use tax imposed by the State of Iowa for school infrastructure purposes which must be deposited into the State Secure an Advanced Vision for Education Fund and distributed to the School District pursuant to section 423E.4 Code of Iowa, as amended.
“School Infrastructure Tax Revenues” shall mean all of the revenues received by the School District in each Fiscal Year from the imposition of the School Infrastructure Tax (including, without limitation, any revenues received by the School District from interest and penalties on delinquent collections of the School Infrastructure Tax).
“Secretary” shall mean the Secretary of the Board of Directors of the School District, or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities.
“Series 2010 Bond Resolution” means the School District’s resolution adopted on July 1, 2010 authorizing the issuance of the Series 2010 Bonds.
“Series 2010 Bonds” shall mean the School District’s School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2010 issued in the principal amount of $30,000,000 pursuant to the Series 2010 Bond Resolution.
“Series 2010 QSCB Bond Resolution” means the School District’s resolution adopted on November 8, 2010 authorizing the issuance of the Series 2010 QSCB Bonds.
“Series 2010 QSCB Bonds” shall mean the School District’s Taxable School Infrastructure Sales, Services and Use Tax Revenue Bonds (Qualified School Construction Bonds – Direct Pay), Series 2010 issued in the principal amount of $11,842,461 pursuant to the Series 2010 QSCB Bond Resolution.
“Series 2011 Bond Resolution” means the School District’s resolution adopted on August 8, 2011 authorizing the issuance of the Series 2011 Bonds.
“Series 2011 Bonds” shall mean the School District’s School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011 issued in the principal amount of $43,425,000 pursuant to the Series 2011 Bond Resolution.
“Series 2012 Bond Resolution” means the School District’s resolution adopted on August 22, 2011 authorizing the issuance of the Series 2012 Bonds.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
“Series 2012 Bonds” shall mean the School District’s School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2012 issued in the principal amount of $10,000,000 pursuant to the Series 2012 Bond Resolution.
“Series 2014 Bond Resolution” means the School District’s resolution adopted on June 9, 2014 authorizing the issuance of the Series 2014 Bonds.
“Series 2014 Bonds” shall mean the School District’s School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2014 issued in the principal amount of $9,000,000 pursuant to the Series 2014 Bond Resolution.
“2015 Bond Sinking Fund Subaccount” means the subaccount by that name created pursuant to Section 7 hereof.
“2015 Debt Service Reserve Fund Subaccount” means the subaccount by that name created pursuant to Section 7 hereof.
“2015 Debt Service Reserve Fund Subaccount Amount” means $_______ or such other amount agreed to by the Lender and the School District, and approved by Bond Counsel.
“Tax Exempt Rate” means 2.34% per annum, adjusted to 4.0% for periods during which there is an Event of Default which has not been cured as provided in Section 10 hereof.
“Taxable Rate” means ___% per annum adjusted to __% per annum for periods during which there is an Event of Default which has not been cured as provided in Section 10 hereof.
“Treasurer” shall mean the Treasurer of the School District or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder.
Section 2. Authorization. For the purposes referred to in the preamble hereof and pursuant to Chapters 423E and 423F of the Code of Iowa, the Series 2015 Bonds are hereby authorized to be issued in the amount of $54,598,000 and sold to the Lender. Any change in the amount set forth above shall be approved by the President; however, the aggregate amount issued may not exceed $56,924,000. The Series 2015 Bonds shall be dated as of the date of their delivery to the Lender and shall be payable as to both principal and interest in the manner hereinafter specified.
Section 3. Registrar and Paying Agent. Regions Bank is hereby designated as the Registrar and Paying Agent for the Series 2015 Bonds and may be hereinafter referred to as the “Bond Registrar” or the “Paying Agent”, and the President and the Board Secretary are hereby authorized and directed to execute and deliver the Registrar and Paying Agent and Escrow Agreement.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Section 4. Bond Details; Source of Payment. The Series 2015 Bonds shall bear interest at Tax exempt Rate, unless there is a Determination of Taxability and, if there is a Determination of Taxability, at the Taxable Rate from the Date of Taxability. Principal of and interest on the Series 2015 Bonds shall be payable in semi-annual installments as set forth in the Series 2015 Bonds. All payments shall be applied first to the payment of interest due and next to the reduction of principal. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months.
Payment of both principal of and interest on the Series 2015 Bonds shall be made to the registered owners appearing on the registration books of the School District at the close of business on the fifteenth day of the month next preceding the payment date and shall be paid by check or draft mailed to the registered owners at the addresses shown on such registration books; provided, however, that the final installment of principal and interest on a Series 2015 Bond shall be payable only upon presentation and surrender of such Series 2015 Bond to the Paying Agent.
The School District reserves the right to prepay principal of the Series 2015 Bonds in whole or in part, on July 1, 2020, or on any date thereafter upon terms of par plus accrued interest. The prepaid principal shall cease to bear interest on the prepayment date. Prepayment of principal of the Series 2015 Bonds shall be made in amounts equal to $100,000 and any integral multiple of $1,000 in excess thereof.
The Series 2015 Bonds shall be executed on behalf of the School District with the official manual or facsimile signature of the President of the Board and attested by the official manual or facsimile signature of the Board Secretary, and shall be fully registered bonds without interest coupons. In case any officer whose signature or the facsimile of whose signature shall appear on the Series 2015 Bonds shall cease to be such officer before the delivery of such Series 2015 Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.
The Series 2015 Bonds shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Bond Registrar.
The Series 2015 Bonds, together with the Outstanding Bonds and any future Parity Bonds, and the interest thereon, shall be payable solely from the School Infrastructure Tax Revenues and the Revenue Fund and the Sinking Fund hereinafter referred to, both of which are hereby pledged to the payment thereof. None of the Series 2015 Bonds shall be a general obligation of the School District, and under no circumstances shall the School District be in any manner liable by reason of the failure of the School Infrastructure Tax Revenues to be sufficient for the payment in whole or in part of the Series 2015 Bonds and the interest thereon; but the Series 2015 Bonds shall be payable both as to principal and interest solely and only from the School Infrastructure Tax Revenues pledged therefor as hereinafter provided.
The Series 2015 Bonds shall be fully registered as to principal and interest in the names of the owners on the registration books of the School District kept by the Bond Registrar, and after such registration, payment of the principal and interest thereof shall be made only to the
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
registered owners, their legal representatives or assigns. The Series 2015 Bonds shall be transferable only upon the registration books of the School District upon presentation to the Bond Registrar, together with either a written instrument of transfer satisfactory to the Bond Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner.
The record and identity of the owners of the Series 2015 Bonds may be kept confidential as provided by Section 22.7 of the Code of Iowa.
Section 5. Form of Series 2015 Bonds. The Series 2015 Bonds shall be initially issued as a single Series 2015 Bond and shall be in substantially the following form:
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT AND MAY NOT BE OFFERED OR SOLD WITHIN THE UNITED STATES OR TO U.S. PERSONS (AS SUCH TERMS ARE DEFINED UNDER THE SECURITIES ACT) EXCEPT PURSUANT TO AN EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT. ACCORDINGLY, THE BOND IS BEING OFFERED AND SOLD ONLY TO “QUALIFIED INSTITUTIONAL BUYERS” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT), AND MAY ONLY BE TRANSFERRED IN ACCORDANCE WITH THE FOREGOING.
(Form of Series 2015 Bond)
UNITED STATES OF AMERICA STATE OF IOWA
COUNTY OF LINN CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT
SCHOOL INFRASTRUCTURE SALES, SERVICES AND USE TAX REVENUE
REFUNDING BOND, SERIES 2015
No. 1
$56,924,000
INTEREST RATE MATURITY DATE
BOND DATE
2.34% July 1, 2026 [Date of Delivery]
The Cedar Rapids Community School District (the “School District”), in the County of Linn, State of Iowa, for value received, promises to pay on the Maturity Date of this Bond to:
REGIONS CAPITAL ADVANTAGE, INC.
or registered assigns (the “Lender”), the principal sum of FIFTY-SIX MILLION NINE HUNDRED TWENTY-FOUR THOUSAND DOLLARS together with interest on the outstanding principal hereof at the Interest Rate (the “Tax Exempt Rate”) from the date of this Bond, or from the most recent payment date on which interest has been paid until the Maturity Date, except as the provisions hereinafter set forth with respect to prepayment prior to maturity may be or become applicable hereto.
Interest on this Bond is payable semi-annually on January 1 and July 1 of each year, commencing on January 1, 2016, and will be calculated on the basis of a 360-day year comprised of twelve 30-day months.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Principal of this Bond is payable in semi-annual installments on January 1 and July 1, commencing January 1, 2016, in each of the respective years and in the respective installment amounts, and continuing to and including the Maturity Date, subject to earlier prepayment as provided herein: {REVISE WITH FINAL}
On the Maturity Date, any remaining principal and interest shall be due and payable.
This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Bond Registrar.
This Bond is one of a duly authorized series of bonds (the “Bonds”) issued by the School District pursuant to and in strict compliance with the provisions of Chapter 423E and Chapter 423F of the Code of Iowa, as amended, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the Board of Directors of the School District authorizing and providing for the sale and issuance and securing the payment of the Bonds (the “Series 2015 Bond Resolution”), and reference is hereby made to the Series 2015 Bond Resolution for a more complete statement as to the source of payment of the Bonds and the rights of the Lender.
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The Bonds are issued for the purpose of advance refunding the School District’s Series 2011 Bonds and Series 2012 Bonds (as each is defined in the Series 2015 Bond Resolution) and paying costs of issuance and related costs of the Bonds.
In the event the Lender receives notice of a Determination of Taxability (as defined
hereinafter), the rate of interest on the Bonds shall be automatically increased, effective as of the Date of Taxability (as defined hereinafter) to annual interest rates equal to ___% (the “Taxable Rate”). In such case, the School District agrees also to pay to the Lender forthwith an amount equal to the aggregate difference between (i) the amounts actually paid at the Tax Exempt Rate during the period between the Date of Taxability and the date of receipt of notice of the Determination of Taxability and (ii) the amounts that would have been payable at the Taxable Rate due during such period, together with the amount of interest and penalties, if any, incurred by the Lender as a result of such change in tax exempt status.
A “Determination of Taxability” shall mean the issuance of a statutory notice of
deficiency by the Internal Revenue Service, or a ruling of the National Office or any District Office of the Internal Revenue Service, or a final decision of a court of competent jurisdiction in which proceeding the Lender or the School District has been a party, or an unqualified opinion of Bond Counsel, which holds that the interest payable on the Bonds is includable in the gross income of the holder thereof for federal income tax purposes, if the period, if any, for contest or appeal of such action, ruling or decision by the School District or Lender has expired without any such contest or appeal having been properly instituted by the Lender or the School District.
The “Date of Taxability” shall mean that point in time, as specified in the Determination
of Taxability that the interest payable on the Bonds becomes includable in the gross income of the holder thereof for federal income tax purposes.
If an Event of Default (as defined in the Series 2015 Bond Resolution) has occurred and
remains uncured within ten days, with respect to an Event of Default relating to a failure to pay principal or interest when due, or within thirty days after receipt by the School District of a notice from the Lender of such Event of Default, with respect to any other Event of Default, the Tax Exempt Rate shall increase to 4.00% and the Taxable Rate will increase to ___%, as applicable, until the Event of Default is cured.
The School District reserves the right to prepay principal of the Bonds in whole or in part on July 1, 2020, or on any date thereafter upon terms of par and accrued interest. Prepayment of principal of the Bonds shall be made in amounts equal to $100,000 and any integral multiple of $1,000 in excess thereof.
The Bonds are not general obligations of the School District, but the Bonds, together with the Outstanding Bonds (as defined in the Series 2015 Bond Resolution) and any other Parity Bonds (as defined in the Series 2015 Bond Resolution), are payable from and secured solely and only by a pledge of certain School Infrastructure Tax Revenues as defined and provided in the Series 2015 Bond Resolution. The School District has covenanted that it will allocate such
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School Infrastructure Tax Revenues to the Sinking Fund created in the Outstanding Bond Resolutions (as defined in the Series 2015 Bond Resolution) to meet the payments of principal of and interest on the Outstanding Bonds, the Bonds and any future Parity Bonds, as the same become due. Under no circumstances shall the School District be in any manner liable by reason of the failure of the said School Infrastructure Tax Revenues to be sufficient for the payment of the principal of or interest on the Bonds.
This Bond is fully negotiable but shall be fully registered as to both principal and interest in the names of the owners on the books of the School District in the office of the Bond Registrar, after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Bond Registrar, together with either a written instrument of transfer satisfactory to the Bond Registrar, or the assignment form hereon completed and duly executed by the Lender or the duly authorized attorney for such Lender.
The School District, the Bond Registrar and the Paying Agent may deem and treat the Lender hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the School District, the Bond Registrar and the Paying Agent shall not be affected by any notice to the contrary.
And It Is Hereby Certified, Recited and Declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Bond have existed, have happened and have been performed in due time, form and manner, as required by law, and that the issuance of this Bond does not exceed or violate any constitutional or statutory limitation or provision.
IN TESTIMONY WHEREOF, the Cedar Rapids Community School District, Iowa, by its Board of Directors, has caused this Bond to be executed by the President of the Board and attested by the Board Secretary, all as of the Bond Date.
CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT
By (DO NOT SIGN) President, Board of Directors
Attest:
(DO NOT SIGN) Board Secretary
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Registration Date: (Registration Date)
REGISTRAR’S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the within-mentioned Series 2015 Bond Resolution.
REGIONS BANK
By (Authorized Signature) Authorized Officer
ABBREVIATIONS
The following abbreviations, when used in this Bond, shall be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common UTMA TEN ENT - as tenants by the entireties As Custodian for TEN - as joint tenants with
right of survivorship and not as tenants in common
(Minor)
under Uniform Transfers to Minors Act
(State) Additional abbreviations may also be used though not in the list above.
ASSIGNMENT
For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Bond to
(please print or type name and address of Assignee)
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE
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and does hereby irrevocably appoint ______________________________, Attorney, to transfer this Bonds on the books kept for registration thereof with full power of substitution.
Dated:
Signature guaranteed:
NOTICE: The signature to this Assignment must correspond with the name of the registered owner as it appears on this Bond in every particular, without alteration or enlargement or any change whatever.
Section 6. Deposit of Bond Proceeds; Refunding of Prior Bonds; Executions of Documents. The Series 2015 Bonds shall be executed as herein provided as soon after the adoption of this Resolution as may be possible and thereupon they shall be delivered to the Bond Registrar for registration, authentication and delivery to the Lender, upon receipt of the purchase price thereof, and all action heretofore taken in connection with the issuance of the Series 2015 Bonds is hereby ratified and confirmed in all respects. The proceeds received from the Series 2015 Bonds shall be applied to pay costs of issuance associated with the issuance of the Series 2015 Bonds and to make deposits into in an Escrow Agreement to effectuate the advance refunding of the Prior Bonds.
All of the outstanding principal amount of the Series 2011 Bonds maturing on and after July 1, 2017 are hereby called for redemption as of July 1, 2017 (the “Series 2011 Bonds Optional Redemption Date”) and the outstanding principal amount of the Series 2012 Bonds maturing on and after June 1, 2017 are hereby called for redemption as of June 1, 2017 (the “Series 2012 Bonds Optional Redemption Date” and, together with the Series 2011 Bonds Optional Redemption Date, the “Prior Bonds Optional Redemption Dates”) and Bankers Trust Company, as the Registrar and Paying Agent for the Prior Bonds, is instructed to take all actions necessary to redeem the Prior Bonds on the respective Prior Bonds Optional Redemption Date, including sending notice of such redemption to all registered owners thereof as shown by the School District’s registration records as required by the Prior Bonds, the Series 2011 Bond Resolution and the Series 2012 Bond Resolution.
The officers of the School District are hereby authorized and directed to do all acts and things and to execute and deliver any and all documents as may be necessary in connection with the issuance and delivery of the Series 2015 Bonds and to carry out the intent and purposes of
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this Resolution, including the execution and delivery of the Escrow Agreement and tax and closing certificates.
Section 7. Application of Revenues; Funds and Accounts. The Outstanding Bond Resolutions created the Cedar Rapids Community School District School Infrastructure Sales and Services Tax Revenue Fund (the “Revenue Fund”) held by the School District into which the School District is required to deposit 100% of the School Infrastructure Tax Revenues received by the School District until all of the Outstanding Bonds and any Parity Bonds (including the Series 2015 Bonds) have been paid and no longer outstanding. From and after the delivery of the Series 2015 Bonds and as long as any of the Series 2015 Bonds are outstanding and unpaid or until all principal of and interest thereon have been discharged and satisfied or provision therefor has been made, 100% of the School Infrastructure Tax Revenues received by the School District shall continue to be deposited in the Revenue Fund, which shall be used and disbursed in the following priority:
(1) Sinking Fund. The Outstanding Bond Resolutions created a Sinking Fund to be held by the School District into which there shall be set aside from the School Infrastructure Tax Revenues in the Revenue Fund such portion thereof as will be sufficient to pay the interest on and principal of the Outstanding Bonds and any future Parity Bonds (including the Series 2015 Bonds), as the same become due, and the School District shall continue to maintain the Sinking Fund so long as the Series 2015 Bonds and any Parity Bonds are outstanding. The Outstanding Bond Resolutions created within the Sinking Fund various subaccounts with respect to the Outstanding Bonds and authorized the creation of additional subaccounts with respect to Parity Bonds.
The money in the Revenue Fund shall first be disbursed on a parity basis to make deposits into the various subaccounts of the Sinking Fund, hereinbefore created pursuant to the Outstanding Bond Resolutions, created pursuant to this Resolution or created in the future for any Parity Bonds. The amount to be paid into the respective subaccounts of the Sinking Fund during each Fiscal Year shall be sufficient to pay the principal of and interest due during such Fiscal Year on the Outstanding Bonds, the Series 2015 Bonds and any Parity Bonds.
Pursuant to the Outstanding Bond Resolutions, the School District has created the following subaccounts within the Sinking Fund:
(a) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series
2010 Sinking Fund Subaccount (“Prior 2010 Bond Sinking Fund Subaccount”) for the Series 2010 Bonds held by the trustee for the Series 2010 Bonds; (b) Taxable School Infrastructure Sales, Services, and Use Tax Revenue Bonds, (Qualified School Construction Bond — Direct Pay), Series 2010 Sinking Fund Subaccount (“2010 QSCB Sinking Fund Subaccount”) for the Series 2010 QSCB Bonds held by the trustee for the Series 2010 QSCB Bonds;
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(c) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011 Sinking Fund Subaccount (“2011 Bond Sinking Fund Subaccount”) for the Series 2011 Bonds held by the trustee for the Series 2011 Bonds;
(d) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series
2012 Sinking Fund Subaccount (“2012 Bond Sinking Fund Subaccount”) for the Series 2012 Bonds held by the trustee for the Series 2012 Bonds; and
(e) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series
2014 Sinking Fund Subaccount (“2014 Bond Sinking Fund Subaccount” and, together with the Series 2010 Bond Sinking Fund Subaccount, the Series 2010 QSCB Sinking Fund Subaccount, the Series 2011 Bond Sinking Fund Subaccount and the Series 2012 Bond Sinking Fund Subaccount, the “Outstanding Bond Sinking Fund Subaccounts”) for the Series 2014 Bonds held by the School District. So long as the Outstanding Bonds remain outstanding, the Outstanding Bonds Sinking
Fund Subaccounts created pursuant to the Outstanding Bond Resolutions are recognized and confirmed, and shall be maintained for the payment of the principal of and interest on the respective Series of Outstanding Bonds as provided in the Outstanding Bond Resolutions.
As provided in the Outstanding Bonds Resolutions, there is hereby established a
subaccount entitled the School Infrastructure Sales, Services and Use Tax Revenue Bonds, 2015 Bond Sinking Fund Subaccount (the “2015 Bond Sinking Fund Subaccount”) within the Sinking Fund for the purpose of paying principal of and interest on the Series 2015 Bonds. The 2015 Bond Sinking Fund Subaccount shall be held by the School District. The required amount to be deposited in the 2015 Bond Sinking Fund Subaccount in any month shall be the equal monthly amount necessary to pay in full the installment of interest coming due on the next interest payment date on the Series 2015 Bonds, plus the equal monthly amount necessary to pay in full the installment of principal coming due on the next succeeding principal payment date until the full amount of such installment is on deposit. The money deposited in the 2015 Bond Sinking Fund Subaccount shall be used solely to pay the principal of, and interest on the Series 2015 Bonds, and is hereby pledged to the payment thereof. If for any reason the amount on deposit in the 2015 Bond Sinking Fund Subaccount exceeds the required amount, the excess shall forthwith be withdrawn and deposited into the Revenue Fund.
The subaccounts in the Sinking Fund shall be segregated from all other funds, accounts and subaccounts established by this Resolution, the Outstanding Bond Resolutions or any future resolutions authorizing the issuance of Parity Bonds. Upon the issuance of future Parity Bonds, the School District may provide for annual or more or less frequent payments of into subaccount(s) of the Sinking Fund for such Parity Bonds to pay the principal of an interest on such Parity Bonds.
(2) Reserve Fund. The Outstanding Bond Resolutions created a School Infrastructure Sales, Services and Use Tax Revenue Debt Service Reserve Fund (the “Reserve Fund”) to be
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held by the School District and various subaccounts thereof into which there shall be set aside from the School Infrastructure Tax Revenues in the Revenue Fund such portion thereof as will be sufficient to maintain a debt service reserve for the Outstanding Bonds, and any future Parity Bonds secured by the Reserve Fund.
After making the deposits into the various subaccounts of the Sinking Fund as hereinbefore provided, the money in the Revenue Fund shall next be disbursed on a parity basis to make deposits into the various subaccounts of the Reserve Fund hereinbefore created pursuant to the Outstanding Bond Resolutions, created pursuant to this Resolution and created in the future for any Parity Bonds. The amount to be paid into the respective subaccounts of the Reserve Fund shall be sufficient to maintain the minimum amount required for each respective subaccount of the Reserve Fund pursuant to the respective Outstanding Bond Resolution, this Resolution and any future resolutions authorizing the issuance of Parity Bonds secured by the Reserve Fund.
Pursuant to the Outstanding Bond Resolutions, the School District has created the following subaccounts within the Reserve Fund:
(a) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2010 Debt Service Reserve Fund Subaccount (“Prior 2010 Debt Service Reserve Fund Subaccount”) for the Series 2010 Bonds held by the trustee for the Series 2010 Bonds;
(b) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011 Debt Service Reserve Fund Subaccount (“2011 Debt Service Reserve Fund Subaccount”) for the Series 2011 Bonds held by the trustee for the Series 2011 Bonds; and
(c) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2012 Debt Service Reserve Fund Subaccount (“2012 Debt Service Reserve Fund Subaccount” and, together with the Series 2010 Bond Debt Service Reserve Fund Subaccount and the Series 2011 Debt Service Reserve Fund Subaccount, the “Outstanding Debt Service Reserve Fund Subaccounts”) for the Series 2012 Bonds held by the trustee for the Series 2012 Bonds.
So long as the Outstanding Bonds remain outstanding, the subaccounts created in the Reserve Fund pursuant to the Outstanding Bond Resolutions are recognized and confirmed, and shall be maintained for the payment of the principal of and interest on the respective Series of Outstanding Bonds as provided in the Outstanding Bond Resolutions.
As provided in the Outstanding Bonds Resolutions, there is hereby established a subaccount entitled School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2015 Debt Service Reserve Fund Subaccount (the “2015 Debt Service Reserve Fund Subaccount”) within the Reserve Fund for the purpose of maintaining a debt service reserve for the Series 2015 Bonds. The 2015 Debt Service Reserve Fund Subaccount shall be held by the Paying Agent pursuant to the Registrar and Paying Agent and Escrow Agreement. On the date of issuance of the Series 2015 Bonds, an amount equal to the 2015 Debt Service Reserve Fund Subaccount Amount shall be deposited into the 2015 Debt Service Reserve Fund Subaccount.
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The amounts on deposit in the 2015 Debt Service Reserve Fund Subaccount shall be used solely for the purpose of paying principal of and interest on the Series 2015 Bond for the payment of which insufficient money is available in the 2015 Bond Sinking Fund Subaccount. The 2015 Debt Service Reserve Fund Subaccount is pledged only to the Series 2015 Bonds and shall not secure the Outstanding Bonds or any Parity Bonds. Whenever it shall become necessary to withdraw money in the 2015 Debt Service Reserve Fund Subaccount for the payment of debt service on the Series 2015 Bonds or the amount on deposit in the 2015 Debt Service Reserve Fund Subaccount is less than the 2015 Debt Service Reserve Fund Subaccount Amount, the School District shall cause to be deposited in the 2015 Debt Service Reserve Fund Subaccount in each month an amount equal to 100% of the amount required by this Resolution to be deposited in such month into the 2015 Sinking Fund Subaccount; provided, however, that when the amount on deposit in the 2015 Debt Service Reserve Fund Subaccount shall be equal to at least the 2015 Debt Service Reserve Fund Subaccount Amount, no further deposits shall be made into the 2015 Debt Service Reserve Fund Subaccount except to maintain such level. If the amount on deposit in the 2015 Debt Service Reserve Fund Subaccount is greater than the 2015 Debt Service Reserve Fund Subaccount Amount, such excess amounts shall be withdrawn and paid into the Reserve Fund for allocation to other subaccounts in the Reserve Fund or if all Reserve Fund subaccounts are at their required levels, then paid to the Revenue Fund.
The School District may establish other subaccounts within the Reserve Fund upon the issuance of future Parity Bonds which are required to be secured by the Reserve Fund. The money deposited into the Revenue Fund shall be disbursed on a parity basis to make deposits into the various subaccounts of the Reserve Fund for all Parity Bonds secured thereby. The subaccounts in the Reserve Fund shall be segregated from all other funds, accounts and subaccounts established by the Outstanding Bond Resolutions and any future resolution for Parity Bonds secured by the Reserve Fund, and each subaccount shall be segregated and shall not be commingled or pledged to any other Parity Bonds, if issued.
(3) Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the School Infrastructure Tax Revenues, but subordinate to the Series 2015 Bonds, the Outstanding Bonds and any other Parity Bonds.
(4) Surplus Revenue. Any remaining money in the Revenue Fund may be used to pay or redeem any of the Series 2015 Bonds, the Outstanding Bonds and any other Parity Bonds or used for any lawful purpose, subject to the limitations herein. The School District reserves the right to create such additional funds, or subaccounts within funds established herein, as deemed necessary or appropriate, or as required by the issuance of additional obligations, provided the rights of the holders and security for the Series 2015 Bonds, the Outstanding Bonds and any other Parity Bonds are not impaired thereby.
Money in the Revenue Fund shall be allocated, deposited and paid into the various funds and accounts hereinbefore referred to at the times and in the order in which said funds are listed, on a cumulative basis. If in any month the money in the Revenue Fund, the Sinking Fund or its
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Subaccounts, or the Reserve Fund or its Subaccounts shall be insufficient to deposit in or transfer to or from the required amount in any of said funds or accounts, such deposits or transfers shall be made on a pro rata basis (in accordance with the outstanding principal amounts of the Outstanding Bonds, the Series 2015 Bonds and the Parity Bonds) and the deficiencies shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. The School District may establish various subaccounts within each fund established by the Outstanding Bond Resolutions or this Resolution.
Failure to make such allocation, deposit and payment without cure within thirty days shall constitute an event of default under this Resolution.
Section 8. Investments. Moneys on hand in any of the funds or accounts established by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation (the “FDIC”), or its equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Iowa Code chapter 12C, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All investments shall mature before the date on which the moneys are required for the purposes for which the fund or account was created or otherwise as herein provided but in no event maturing in more than three years in the case of the 2015 Debt Service Reserve Fund Subaccount. The provisions of this Section shall not be construed to require the School District to maintain separate accounts for the funds created by this Section.
The Sinking Fund and the Reserve Fund, shall be segregated in a separate account but may be invested in the same manner as other funds of the School District but designated as a trust fund on the books and records of the School District. The Sinking Fund and Reserve Fund, shall not be available for any other purposes other than those specified in this Resolution and the Outstanding Bond Resolutions.
All income derived from such investments in the Revenue Fund shall be regarded as School Infrastructure Tax Revenues.
Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund or account was created.
The School District hereby covenants and agrees that no such investment shall ever be made so as to cause the interest on the Series 2015 Bonds to become taxable as “arbitrage bonds” pursuant to the provisions of Section 148 the Internal Revenue Code of 1986, as amended.
Section 9. Covenants of the School District. The School District hereby covenants and agrees with the owner or owners of the Series 2015 Bonds, or any of them, as follows:
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(a) The School District will administer, enforce and collect, or cause to be administered, enforced and collected, the School Infrastructure Tax Revenues and the School Infrastructure Tax and shall take all reasonable actions that may be permitted by law to collect delinquent payments or to cause delinquent payments to be collected in accordance with law.
(b) The School District will keep or cause to be kept books and records showing the proceeds of the School Infrastructure Tax Revenues, in which complete entries shall be made in accordance with standard principles of accounting, and any owner of any of the Bonds shall have the right at all reasonable times to inspect such books and records.
(c) The School District shall, to the extent permitted by law, defend the validity and legality of this Resolution, the School Infrastructure Tax and the School Infrastructure Tax Revenues against all claims, suits and proceedings which would diminish or impair the School Infrastructure Tax Revenues as security for the Bonds.
(d) The School District, acting by and through its officers, or otherwise, shall faithfully and punctually perform, or caused to be performed, all duties with respect to the School Infrastructure Tax required by the Constitution and laws of the State of Iowa and the various ordinances, resolutions and contracts of the School District, including, without limitation, the proper segregation of the proceeds of the Bonds and the School Infrastructure Tax Revenues and their application from time to time to the respective funds provided therefore.
(e) At any and all times the School District shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge, deliver and file or record all and every such further instruments, acts, deeds, conveyances, assignments, transfers, other documents and assurance as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular, the School Infrastructure Tax Revenues and other funds and accounts hereby pledged or assigned, or intended so to be, or which the School District may hereafter become bound to pledge or to assign, or as may be reasonable and required to carry out the purposes of this Resolution. The School District, acting by and through its officers, or otherwise, shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of the School Infrastructure Tax Revenues and other funds and accounts pledged hereunder and all the rights and every owner of any of the Bonds against all claims and demands of all persons whomsoever.
(f) The School District, its officers, agents and employees, shall not take any action in such manner or to such extent as might prejudice the security for the payment of the Bonds according to the terms thereof. No contract shall be entered into nor any other action taken by which the rights of any registered owner of any Bond or other security payable from the School Infrastructure Tax Revenues might be prejudicially and materially impaired or diminished.
(g) Each School District officer or employee having custody of any School Infrastructure Tax Revenues, or responsible for their handling, shall be bonded at all times, which bond shall be conditioned upon the proper application of said moneys.
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(h) The Governing Body of the School District shall approve and conduct operations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last preceding Fiscal Years. Copies of such budget and any amendments thereto shall be mailed to the Lender and to the Bondholders upon request.
(i) The Governing Body of the School District shall not take any action with respect to the School District’s current Revenue Purpose Statement which would impair the ability or authority of the School District to apply School Infrastructure Tax Revenues to the payments of principal and interest on the Bonds and Parity Bonds.
Notwithstanding anything in this Section to the contrary, none of the foregoing covenants of the School District with respect to the School Infrastructure Tax Revenues shall obligate the School District to undertake or perform any duty, task or obligation to be performed by the State of Iowa or a county or its Board of Supervisors under the terms of the Act or other provision of the Code of Iowa, as from time to time amended.
Section 10. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds and Parity Bonds shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Bonds and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the School District hereunder.
The failure by the School District to observe or perform any covenant, condition or agreement on its part contained in this Resolution or the Bonds shall constitute an event of default (an “Event of Default”) hereunder. If such Event of Default is not cured within ten days, with respect to an Event of Default relating to a failure to pay principal or interest when due, or within thirty days after receipt by the School District of a notice from the Lender of such Event of Default, with respect to any other Event of Default, the Tax Exempt Rate shall increase to the 4.00% and the Taxable Rate shall increase to ___%, as applicable, until the Event of Default is cured.
Upon an occurrence of a Determination of Taxability, the School District shall, with respect to future interest payments, begin making payments relating to the Bonds calculated at the Taxable Rate. As set forth in the Bonds, the School District shall make immediately a payment to the Lender equal to the difference between the (i) the amounts actually paid at the Tax Exempt Rate during the period between the Date of Taxability and the date of receipt of notice of the Determination of Taxability and (ii) the amounts that would have been payable at the Taxable Rate due during such period, together with the amount of interest and penalties, if any, incurred by the Lender as a result of such change in tax exempt status.
Section 11. Prior Lien and Parity Bonds; Subordinate Obligations. The School District will issue no notes, bonds or other obligations of any kind or nature payable from or
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enjoying a lien or claim on the School Infrastructure Tax Revenues having priority over the Series 2015 Bonds, the Outstanding Bonds or any other Parity Bonds.
Additional Bonds may be issued on a parity and equality of rank with the Series 2015 Bonds, the Outstanding Bonds and any Parity Bonds with respect to the lien and claim of such Additional Bonds to the School Infrastructure Tax Revenues and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise:
(a) For the purpose of refunding any of the Series 2015 Bonds, the Outstanding Bonds or Parity Bonds outstanding so long as the refunding is an Economic Refunding, without complying with subsection (b) below; or
(b) For the purpose of refunding any Series 2015 Bonds, the Outstanding Bonds or Parity Bonds outstanding, or for other lawful purposes, provided that before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the Secretary, a statement of an Independent Auditor reciting the opinion based upon necessary investigations that the School Infrastructure Tax Revenues for the preceding Fiscal Year (with adjustments as hereinafter provided) were equal to at least 1.20 times the maximum amount that will be required in any Fiscal Year for the payment of both principal of and interest on all Series 2015 Bonds, Outstanding Bonds and Parity Bonds then outstanding which are payable from the School Infrastructure Tax Revenues and the Additional Bonds then proposed to be issued.
For the purpose of determining the School Infrastructure Tax Revenues for the preceding Fiscal Year as aforesaid, the amount of the revenues for such year may be adjusted so as to reflect any changes in the amount of such revenues which would have resulted had the School Infrastructure Tax or any revision of the rate of the School Infrastructure Tax been in effect during all of such preceding Fiscal Year. For this purpose, current projections of School Infrastructure Tax Revenues of the State of Iowa may be treated as if such projections had been in effect for the preceding Fiscal Year.
For the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year.
Nothing in this Section shall prohibit or restrict the right of the School District to issue additional revenue bonds or other revenue obligations without meeting the requirements in paragraphs (a) or (b) above and to provide that the principal of and interest on said revenue bonds or obligations shall be payable out of the School Infrastructure Tax Revenues, provided that such additional revenue bonds or obligations shall be junior and subordinate to the Series 2015 Bonds.
Section 12. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the School District and the owners of the Bonds as may from time to time be outstanding, and after the issuance of the Series 2015 Bonds, no change, variation or alteration of any kind of the provisions of this Resolution shall be made except as provided in Section 13 and
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Section 14, until such time as all of the Bonds and the interest due there shall have been satisfied and discharged as provided in this Resolution.
Section 13. Amendment of Resolution without Consent. For any one or more of the following purposes, without the consent of or notice to the owners of the Bonds or any Parity Bonds, and at any time or from time to time this Resolution may be amended, modified or supplemented by the School District:
(a) to cure any ambiguity or formal defect or omission in this Resolution;
(b) to grant to or confer for the benefit of the owners of the Bonds any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the owners of the Bonds;
(c) to assign and pledge under this Resolution additional revenues, properties or collateral as permitted by law;
(d) to modify, amend or supplement this Resolution in such manner as to permit continued compliance with the provisions of the Internal Revenue Code in order to maintain the tax exempt status of the Bonds;
(e) to provide for the issuance or incurrence of Parity Bonds; and
(f) to make any other change that does not materially adversely affect the rights of any of the owners of the Bonds.
Section 14. Amendment of Resolution Requiring Consent. In addition to amendments to this Resolution authorized by Section 13 hereof, this Resolution may be amended from time to time if such amendment shall have been consented to by the holders of not less than two-thirds in principal amount of the Bonds at any time outstanding, but this Resolution may not be so amended without the consent of the holders of 100% in principal amount of the Bonds at the time outstanding in such manner as to:
(a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or any of them or impose any conditions with respect to such payments;
(b) Materially affect the rights of the holders of less than all of the Bonds then outstanding; and
(c) Reduce the percentage of the principal amount of the Bonds.
Whenever the School District shall propose to amend or modify this Resolution under the provisions of this section, it shall cause notice of the proposed amendment to be mailed to each of the owners of the Bonds at the addresses appearing on the registration books of the School
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District held by the Bond Registrar and also to the Lender. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory resolution is on file in the office of the Board Secretary.
If the owners of not less than two-thirds in aggregate principal amount of the Series 2015 Bonds outstanding at the time of the adoption of such amendatory resolution shall have consented to and approved the adoption thereof as herein provided, no owner of any Series 2015 Bonds shall have any right or interest to object to the adoption of such amendatory resolution or to object to any of the terms or provisions therein contained or to the operation thereof or to enjoin or restrain the School District from taking any action pursuant to the provisions thereof.
Any consent given by the owners of a Series 2015 Bond pursuant to the provisions of this section shall be irrevocable for a period of six (6) months from the date of such consent and shall be conclusive and binding upon all future owners of the same Series 2015 Bond during such period. Such consent may be revoked at any time after six (6) months from the date of such consent by the owner who gave such consent or by a successor in title, but such revocation shall not be effective if the owners of not less than two-thirds in aggregate principal amount of the Series 2015 Bonds outstanding as in this section defined, shall have, prior to the attempted revocation, consented to and approved the amendatory resolution referred to in such revocation.
The fact and date of the execution of any instrument under the provisions of this section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction, that the persons signing such instrument acknowledged before such officer the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer.
Section 15. Tax Exemption. It is the intention of the School District that interest on the Series 2015 Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the “Internal Revenue Code”). In furtherance thereof the School District covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with applicable future laws, regulations, published rulings and court decisions as may be necessary to insure that the interest on the Series 2015 Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the School District are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained.
Section 16. No Continuing Disclosure. The Securities and Exchange Commission (the “SEC”) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the “Rule”) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for the bonds, it has reasonably determined that the issuer or an obligated person has undertaken in writing for the benefit of the bondholders to provide certain disclosure information to prescribed information
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repositories on a continuing basis or unless and to the extent the offering is exempt from the requirements of the Rule because the issue is issuable in minimum denominations of $100,000 (subject to certain qualifications regarding deep discount securities) and (i) are sold in a limited private placement; or (ii) have a maturity of nine months or less; or (iii) are subject to tender at par at the option of the holder at least every nine months.
The Series 2015 Bonds are being issued in minimum denominations of $100,000 and are being sold in a limited private placement. Consequently, this School District hereby finds that the Rule is inapplicable to the Series 2015 Bonds.
Section 17. Disposition of Bond Proceeds; Arbitrage Not Permitted. The School
District certifies and covenants with the holders of the Series 2015 Bonds from time to time outstanding that the School District, through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the tax certificate, which tax certificate shall constitute a part of the contract between the School District and the owners of the Series 2015 Bonds; (c) consult with bond counsel as necessary to comply with the provisions of this Resolution; (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Series 2015 Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the School District in such compliance.
Section 18. Discharge and Satisfaction. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds, or any of them, in any one or more of the following ways:
(a) By paying the Bonds when the same shall become due and payable; or
(b) By depositing in trust with the Board Secretary or Treasurer or a corporate trustee designated by the School District for the payment of the Bonds and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which the Bonds may be redeemed, all of the Bonds outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any, that may be payable on the redemption of all the Bonds to be redeemed and notice of redemption of the Bonds shall have been previously given as provided herein.
Upon such payment or deposit of money or securities provided by this section, all liability of the School District with respect to the redeemed, prepaid or defeased Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. The sufficiency of the money or securities so deposited shall be verified by an independent financial consultant or independent certified
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public accountant, unless the full redemption price is so deposited (or gross funded) pursuant to this section.
Notwithstanding anything in this Section 18 to the contrary, if the amount held in such deposit shall at any time be insufficient for any reason to pay the principal and interest on the Series 2015 Bonds when due as provided in this Section 18, the School District shall immediately deposit the amount of any such shortfall as provided herein on or prior to the applicable due date.
Section 19. Execution of Documents. The President and the Board Secretary are hereby authorized to execute and deliver any and all agreements, documents and instruments required related to the issuance of the Series 2015 Bonds and to carry out the purposes set forth in this resolution, including but not limited to any tax certificates, closing certificates and purchase agreements.
Section 20. Severability. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
Section 21. Conflicting Resolutions. All resolutions and orders or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed.
Section 22. Effective Date. This Resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law.
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Passed and approved on May 11, 2015.
President, Board of Directors
Attest:
Board Secretary
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STATE OF IOWA COUNTY OF LINN SS: CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT
I, the undersigned Board Secretary of the Cedar Rapids Community School District, do hereby certify that the above and foregoing is a true and correct copy of the minutes of a meeting of the Board of the School District, held as therein shown, including a true and correct copy of the resolution providing for the sale and issuance of $56,924,000 School Infrastructure Sales, Services and Use Tax Revenue Refunding Bonds, Series 2015.
I further certify that no appeal has been taken to the District Court from the decision of the Board of Directors to issue the Series 2015 Bonds.
WITNESS MY HAND this ____ day of May, 2015.
Board Secretary
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STATE OF IOWA COUNTY OF LINN SS: CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT
I, the undersigned Board Secretary of the Cedar Rapids Community School District, do hereby certify that there is not pending or threatened any question or litigation whatsoever touching the legality or enforceability of the School Infrastructure Tax and that there are no Bonds or other obligations of any kind now outstanding which are payable from or constitute a lien upon the School Infrastructure Tax Revenues to be received by the School District, except for the School District’s (1) present issue of School Infrastructure Sales, Services and Use Tax Revenue Refunding Bonds, Series 2015, (2) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2010, (3) Taxable School Infrastructure Sales, Services and Use Tax Revenue Bonds (Qualified School Construction Bonds – Direct Pay), Series 2010, (4) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011, (5) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2012 and (6) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2014.
WITNESS MY HAND this _____ day of May, 2015.
Board Secretary
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INDEX OF BOND TRANSCRIPT
Cedar Rapids Community School District
$__________ School Infrastructure Sales, Services and Use Tax Revenue Refunding Bonds, Series 2015
Closing Date: _____________, 2015
PARTIES:
Issuer: Cedar Rapids Community School District
Placement Agent: Piper Jaffray & Co. Des Moines, Iowa Purchaser: Regions Capital Advantage, Inc.
Birmingham, Alabama Purchaser’s Counsel: McGuire Woods LLP Houston, Texas Registrar/Paying Agent: Regions Bank Clayton, Missouri Escrow Agent: Bankers Trust Company
Des Moines, Iowa
Bond Counsel: Dorsey & Whitney LLP Des Moines, Iowa
BASIC DOCUMENTS:
1. School District resolution and minutes providing for the issuance of the Series 2015 Bonds.
2. Election and Revenue Purpose Statement Documents.
3. Specimen Bond; Certificate of Authentication.
4. Escrow Agreement with Verification Report related to Refunded Bonds.
5. Tax Exemption Certificate of the School District.
6. Certificate of the Purchaser.
7. Certificate of the Placement Agent.
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8. Registrar and Paying Agent and Escrow Agreement Related to the Series 2015 Bonds.
9. IRS 8038-G filing form.
10. Bond Counsel Opinion.
11. Parity Statement.
Copies of Transcripts:
School District Bond Counsel Purchaser Purchaser’s Counsel Placement Agent Regisrar and Paying Agent Escrow Agent
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4/9/2015
Bank ResponseAZ Business Bank will consider portion but has an 8 yr max avg life BAML would pursue a 10 yr max final deal Bankers Trust $25mm - A - 2.45% / B - $3.45% Capital One 3.28% - combined A & B scenario, shave 10 bps for non-callable CRBT could help with $5-10mm, has a higher yield bogey, doesn't want to give up too much on early redemption Key Government Finance strugglign with credit temporarily, could take a run at a shorter series but would need some time MidWestOne call back if small balance needed, not much appetite currenlty Ohnward Bancshares call back if small balance needed Pinnacle Public Finance call back if balance needed, would like to keep under $15mm, needs some amortizaiton on front end Regions Bank A - 2.34% Western Alliance Bank indication 3.60% - series B - $20mm
U.S. Bank Pass – 5 yr max finalBank of the West pass - 10 yr max final BBVA Compass pass - need guidance on appetite for IA muni deals Great Western Bank pass - can't hit target rates Hills Bank & Trust pass - no feedback JPMC pass - term doesn't work, they're only comfortable with 5 yrs NBH pass - back weighted amort Wells Fargo pass – 5 yr max finalZions Bank pass - they like $10mm max
List of Bank responding to the CRCSD refinancing issue
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Board Meeting: Monday, May 11, 2015
BOARD GOVERNANCE BA-15-011/08 Policy Manual – Review and Revision– Procedure 202.4a “Conflict of Interest – Board
Information Item Pertinent Fact(s): 1. The Board of Education reviews policies, regulations and procedures at least once every five
years.
2. Board approval is required for all policies. Administrative regulations and procedures do not require Board approval.
3. The agenda item includes a policy, regulations and procedures that have been reviewed by the
Policy Review Committee and the Superintendent’s Cabinet. In addition, there are two proposed procedures new to the Policy Manual. Most proposed revisions are based on changes to state and federal law, current District practice, and to keep the District’s Policy Manual up-to-date as required by Iowa Code. The Policy Review Committee utilizes legal and policy services provided by the Iowa Association of School Boards, National Association of School Boards, Iowa School Finance Information Services, including policy primer and on-line sample policy documents. Guidance from District Legal Counsel is sought, as needed.
It is the responsibility of each building to ensure all snacks meet District Nutritional Guidelines for foods and
beverages, including vending, a la carte, school stores, celebrations and fundraisers. This applies to all foods offered,
made available or sold during the school day, defined as the period from midnight before, to 30 minutes after the end
of the school day.
Each building shall do the following:
All foods offered in school must meet guidelines; either selected from healthy snack lists or determined to
meet guidelines using SMART Snack calculator.
Daily snacks in the classroom or those provided for brain-based learning activities are optional (allowed);
implementation determined at the discretion of individual building teams.
If food is brought from home to be shared, it should be prepackaged and prepared by vendor with the
exception of fruits and vegetables.
Foods provided that do not meet guidelines will not be served and will be returned to provider.
Recognize that provision of a snack is meant to fuel the student’s body and provides opportunity for
engaging in nutrition education and promotion.
Proposed Procedure 610.1b
Fundraising It is the responsibility of each building to discontinue using unhealthy foods for fundraisers. Each building must
ensure all snacks meet District Nutritional Guidelines for foods and beverages, including vending, a la carte, school
stores, celebrations and fundraisers. This applies to all foods offered, made available or sold during the school day,
defined as the period from midnight before, to 30 minutes after the end of the school day.
Each building shall determine a school-wide plan and do the following:
Include if/what healthy foods or non-food items/activities will be offered and how physical activity will
be promoted.
Consider that foods/beverages used as rewards for students participating in fundraising activities must
meet District Nutritional Guidelines.
The sale of competitive foods, including foods of minimal nutritional value, may not occur one-half hour
prior to, during, or one-half hour after the meal shifts of food service programs unless permission has
been granted by the Manager of Food and Nutrition Department. (Board Regulation 902.2)
This procedure will be communicated to parents/students/staff through student handbooks annually.
BA-15-011/08.11
Board Meeting: Monday, May 11, 2015
BOARD GOVERNANCE BA-15-492 Exempt Meeting – Discuss Strategy Sessions for Union and Non-Union Employee Groups (Dave Benson) Information Item Pertinent Fact(s):
The Board of Education may meet in an Exempt Meeting following the May 11, 2015 Board meeting for the purpose of discussing bargaining strategy and negotiations sessions for union and non-union employees. Exempt Meetings are not subject to the Open Meetings Law.
Board Meeting: Monday, May 11, 2015
SCHOOL BOARD CALENDAR
2015 - MAY Monday May 11 5:30 pm Board Regular Meeting ELSC, Board Room 2500 Edgewood Rd NW Wednesday May 27 7:00 PM Metro HS Graduation ELSC Cedar Conference Room Thursday May 28 7:00 PM Kennedy HS Graduation US Cellular Center Friday May 29 7:00 PM Washington HS Graduation US Cellular Center Saturday May 30 7:00 PM Jefferson HS Graduation US Cellular Center 2015 – JUNE Monday June 8 5:30 pm Board Regular Meeting ELSC, Board Room
2500 Edgewood Rd NW Monday June 22 5:30 pm Board Work Session & ELSC, Board Room Regular Meeting 2500 Edgewood Rd NW 2015 – JULY Monday July 13 5:30 pm Board Regular Meeting ELS, Board Room
2500 Edgewood Rd NW
Monday July 20 First Day of Classes Taylor Elementary Early Dismissal 2015– AUGUST Monday August 10 5:30 pm Board Regular Meeting ELS, Board Room
2500 Edgewood Rd NW Monday August 24 5:30 pm Board Work Session & ELS, Board Room
Board Meeting 2500 Edgewood Rd NW Monday August 24 First Day of Classes for CRCSD Students/Early Dismissal