You are hereby notified that a Regular Meeting of the Board of Education of the Anaheim Elementary School District is called for the hour of 6:30 p.m. on Wednesday, the 22nd day of June 2016, in the Board Room - Building B, 1001 S. East Street, Anaheim, California This meeting is being conducted by teleconference at the following location: Hotel ibis Marne la Vallée Noisy, 4 Allée Bienvenue, 93885 Noisy-le-Grand, France, Main Lobby – Board Member Ryan Ruelas. The teleconference location is open to the public, and any member of the public has an opportunity to address the School Board from the teleconference location in the same manner as if that person attended the regular meeting location. .
The Board of Education will meet for a Board Study Session at 4:00 p.m. for the following purpose:
School Construction Funding
The Board of Education will meet in Closed Session at 5:15 p.m. for discussion and/or action on the following items:
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE [Government Code §54957]
CONFERENCE WITH LABOR NEGOTIATOR [Government Code §54957.6] Agency designated representative: Jay Fernow, Fagen Friedman & Fulfrost LLP Employee organization: Anaheim Elementary Education Association (AEEA) Employee organization: California School Employees Association (CSEA)
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Paragraph (1) of subdivision (d) of Government Code §54956.9] Name of Case: DFEH No. 524998-153977
CONFERENCE WITH PROPERTY NEGOTIATOR [Government Code §54956.8] Properties: 2020 & 2120 East Howell Avenue, Anaheim, CA, Orange County Assessor Parcels Numbers (APNs) 253-531-03 & 253-531-04, respectively; 2222 East Howell Avenue & 2225 East Katella Avenue, Anaheim, CA, Orange County APNs 253-531-05 & 253-531-06, respectively; 2331 East Katella Avenue, Anaheim, CA, Orange County APN 253-531-07. Negotiating Parties: David A. Rivera, Assistant Superintendent, Administrative Services, and District property consultants (“Potential Buyer”); and The Seligman Group; 2020 Howell Avenue Enterprises, LLC; Howell Avenue Enterprises, LLC; Katella Howell, LLC; and The Bishop of the Protestant Episcopal Church in Los Angeles (“Potential Sellers”).
CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION [Government Code § 54956.9] Potential Litigation Pursuant to Subdivision (d)(4) of Section 54956.9: 1 case
Linda Wagner, Ed.D. Superintendent djb 6-17-16
Board of Education AGENDA Regular Meeting Wednesday, June 22, 2016 – 6:30 p.m. Board Room – Building B 1001 S. East Street, Anaheim, California
This meeting is being conducted by teleconference at the following location: Hotel ibis Marne la Vallée Noisy, 4 Allée Bienvenue, 93885 Noisy-le-Grand, France, Main Lobby – Board Member Ryan Ruelas. The teleconference location is open to the public, and any member of the public has an opportunity to address the School Board from the teleconference location in the same manner as if that person attended the regular meeting location. In compliance with the Americans with Disabilities Act, for those requiring special assistance to access the Board meeting room, to access written documents being discussed at the Board meeting, or to otherwise participate at Board meetings, please contact the Board Secretary at 714-517-7513 for assistance. Notification by noon on Wednesday, June 22, 2016, will enable the District to make reasonable arrangements to ensure accessibility to the Board meeting and to provide any required accommodations, auxiliary aids or services. The Board of Education exercises the right to audiotape its meetings.
1.
2.
CALL TO ORDER – 4:00 p.m. A.
Board Roll Call
B.
BOARD STUDY SESSION School Construction Funding – Tim Carty, Piper Jaffray & Co.; Eric Hall, President, Eric Hall & Associates; David A. Rivera, Assistant Superintendent, Administrative Services; Patrice Langevin, Director, Facilities And Planning
C.
Public Speakers: Closed Session Agenda Items
CLOSED SESSION – 5:15 p.m. The Board will recess to Closed Session for discussion and/or action on the following items: Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ A.
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE [Government Code §54957]
Board Agenda – June 22, 2016
B.
CONFERENCE WITH LABOR NEGOTIATOR [Government Code §54957.6] Agency designated representative: Jay Fernow, Fagen Friedman & Fulfrost LLP Employee organization: Anaheim Elementary Education Association (AEEA) Employee organization: California School Employees Association (CSEA)
C.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Paragraph (1) of subdivision (d) of Government Code §54956.9] Name of Case: DFEH No. 524998-153977
D.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Government Code §54956.8] Properties: 2020 & 2120 East Howell Avenue, Anaheim, CA, Orange County Assessor Parcels Numbers (APNs) 253-531-03 & 253-531-04, respectively; 2222 East Howell Avenue & 2225 East Katella Avenue, Anaheim, CA, Orange County APNs 253-531-05 & 253-531-06, respectively; 2331 East Katella Avenue, Anaheim, CA, Orange County APN 253-531-07. Negotiating Parties: David A. Rivera, Assistant Superintendent, Administrative Services, and District property consultants (“Potential Buyer”); and The Seligman Group; 2020 Howell Avenue Enterprises, LLC; Howell Avenue Enterprises, LLC; Katella Howell, LLC; and The Bishop of the Protestant Episcopal Church in Los Angeles (“Potential Sellers”).
E.
3.
CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION [Government Code §54956.9] Potential Litigation Pursuant to Subdivision (d)(4) of Section 54956.9: 1 case.
CALL TO ORDER – RECONVENE IN OPEN SESSION – 6:30 p.m. Spanish interpretation of the Board meeting is available to attendees. Please see meeting interpreter for translation device. Si desea escuchar una interpretación al español de la junta de la Mesa Directiva, favor hablar con el/la intérprete de la junta para obtener audífonos. A.
Flag Salute
B.
Introductions and Roll Call
C.
Report of Closed Session Actions Taken
D.
Adoption of Agenda Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____
4.
SPECIAL ORDER OF BUSINESS
Student Recognition
A.
Recognition of Students with Perfect Attendance in grades Kindergarten through Sixth-Grade – Dr. Linda Wagner, Superintendent
Exhibit 4B Res 2015-16/64 Honoring Terry Lowe
B.
It is recommended the Board of Education adopt Resolution No. 2015-16/64 honoring Terry Lowe for his distinguished service at the City of Anaheim. Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ 2
Board Agenda – June 22, 2016
Long Range Facility Master Plan
C.
It is recommended the Board of Education approve the Long Range Facility Master Plan as prepared by Eric Hall & Associates, Inc., and presented at the May 11, 2016, Board meeting. Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____
5.
NEWS & UPDATES
Association Updates
A.
Association Updates – AEEA, AESMA, CSEA, PTA and DAC-DELAC
Communications & Public Info.
B.
Keith Sterling, Director, Communications & Public Information
6.
7. School/ Community Relations
PUBLIC SPEAKERS: SPEAKERS ON AGENDA OR NON-AGENDA ITEMS A.
Request of Visitors – It is the desire of the Board of Education to obtain input whenever possible from members of the community with respect to any items appearing on the open session agenda, or on any issue within the subject matter jurisdiction of the Governing Board. Speaker forms are available in the Board Room and the teleconference location and should be presented to the Board secretary, or the Board member at the teleconference location, prior to the beginning of the meeting. Each speaker is requested to limit his/her remarks to three minutes so that all who wish to speak may have time to do so. The Board shall limit the total time for each agenda/non-agenda item to 20 minutes. Individual speakers may not cede or in any way give their time to another speaker.
B.
Correspondence – NONE
SUPERINTENDENT’S REPORT A.
8.
School/Community Relations – Lynda Ruiz, Director of Special Programs; Yesenia Navarro, Curriculum Specialist, Parent Involvement
CONSENT CALENDAR Items listed under the Consent Calendar are considered to be routine and are acted on by the Board in one motion. There is no discussion of these items unless a Member of the Board, staff or the public requests specific items to be discussed and/or removed from the Consent Calendar. It is recommended the Board of Education approve/ratify the following Consent Calendar items: A.
SUPERINTENDENT’S OFFICE
Minutes
1)
APPROVE MINUTES - NONE
Exhibit 8A.2 Gifts
2)
ACKNOWLEDGE GIFTS WITH APPRECIATION
Conferences
3)
CONFERENCE ATTENDANCE, PLUS EXPENSES [BOARD ONLY] – NONE
3
Board Agenda – June 22, 2016
Memberships
4)
It is recommended the Board of Education approve the following memberships:
National Notary Association
a) Membership in the National Notary Association through June 2018 for District Notary. The cost shall not exceed $69. Funding: 01-01010271-5301 Membership-Superintendent (General Fund – Unrestricted)
SELPA Administrators of California
b) Membership in SELPA Administrators of California for the 2016-17 school year. Membership dues support operating expenses, such as printing and postage, renting meeting rooms, arranging special projects and presentations, and other materials. The District representative is Kristin Cinco, Senior Director of Special Services/SELPA. The cost of this membership is $1,200. Funding: 01-41256021-5301 Special Ed Support Services (General Fund – Restricted/State)
Exhibit 8A.5 BB/E 9270 Conflict of Interest Code
5)
It is recommended the Board of Education receive for second reading and adoption revisions to Board Bylaw 9270, Conflict of Interest, and Exhibit 9270, Conflict of Interest Code, reflecting the District’s name change and amending the list of designated positions that must file statements of economic interests with either the Orange County Clerk of the Board of Supervisors or the agency (AESD). [The Political Reform Act requires every agency to review its conflict of interest code biennially and notify the code reviewing body if its current code is accurate or, alternatively, that their code must be amended.]
Agreement with Music Instructors
6)
It is recommended the Board of Education approve agreements between this District and professional musicians to provide after-school music instruction throughout the District during the 2016-17 school year. After-school classes are designed to teach students to play musical instruments. The fee for this service shall not exceed $35 per session and $70 per concert session. The total cost of services shall not exceed $126,000. Funding: Various Budgets
Agreement with Rhythmo, Inc.
7)
It is recommended the Board of Education approve an independent contractor agreement with Rhythmo, Inc., 1402 Arizona Place, Anaheim, CA 92805, to provide mariachi music instruction during the 2016-17 school year at Adelaide Price and Benito Juarez schools. The fee for this service shall not exceed $210 per two-hour session, for a total cost not to exceed $20,000. Funding: 01-60020510-5823 Consultant-Music Program (General Fund - Unrestricted)
Agreement with Fagen, Friedman & Fulfrost
8)
It is recommended the Board of Education approve an agreement between this District and Fagen, Friedman & Fulfrost, Attorneys-at-Law, 6300 Wilshire Boulevard, Los Angeles, CA 90048 to provide legal services on an as-needed basis during the 2016-17 school year. These services will be used by District Office administration. The total cost for these services shall not exceed $500,000. Funding: Various District Office Budgets, Legal Services (General Fund – Unrestricted)
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Board Agenda – June 22, 2016 B.
EDUCATIONAL SERVICES
Exhibit 8B.1 Interdistrict Permits
1)
INTERDISTRICT ATTENDANCE PERMITS
Exhibit 8B.2 Seminars
2)
It is recommended the Board of Education approve payment as indicated to the individuals who have successfully completed the seminars listed in Exhibit 8B.2.
Adoption of SELPA Annual Service Plan and Annual Budget Plan
3)
It is recommended the Board of Education adopt the SELPA Annual Service Plan and Annual Budget Plan as presented at the June 9, 2016, Board meeting in accordance with Education Code Section 56205. These documents are required components of the SELPA Local Plan and will be submitted to the California Department of Education by June 30, 2016. The annual service plan includes a description of services provided, the nature of the service, and the physical location of the service. The description demonstrates that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs and currently specified in the individualized education programs. The annual budget plan is a report of specific revenues and expenditures as required by Education Code Section 56205. Copies of this plan are available for inspection in the Special Services office. Funding: No Cost to the District
MOU between Anaheim Elementary SELPA and OC Superintendent of Schools
4)
It is recommended the Board of Education approve for 2016-17 a Memorandum of Understanding (MOU) between Anaheim Elementary Special Education Local Plan Area (SELPA) and the Orange County Superintendent of Schools, 200 Kalmus Drive, Costa Mesa, CA 92626 for the education of individual pupils in special education programs operated by the County (i.e., severely disabled, medically fragile, pupils with low incidence disabilities, etc.). This MOU reflects the funding model for special education established by AB 602. The Anaheim Elementary SELPA agrees to pay the Orange County Superintendent of Schools direct and indirect costs for each child enrolled in the County’s Special Schools Program. Indirect cost for Special Education Programs operated by OCDE shall be at the State approved rate not to exceed 7.5% of the total program expenditures. Funding: 01-41256892-7142 Special Education Program Excess Cost (General Fund – Restricted/State)
Amendment to Agreement with LiNKS Sign Language & Interpreting Services
5)
It is recommended the Board of Education approve an amendment to the Independent Contractor Agreement between this District and LiNKS Sign Language & Interpreting Services, 800 W. Pacific Coast Highway, Long Beach, CA 90806 to increase the agreement by $500 to provide interpreting services needed at IEP meetings at various school sites during the 2015-16 school year. Original agreement was approved during the June 24, 2015, Board meeting. The new contract amount shall not exceed $7,000. Funding: 01-41256021-5823 Special Ed Support Services (General Fund – Restricted/State)
Agreement with LiNKS Sign Language & Interpreting Services
6)
It is recommended the Board of Education approve an Independent Contractor Agreement between this District and LiNKS Sign Language & Interpreting Services, 800 W. Pacific Coast Highway, Long Beach, CA 90806 to provide translating and interpreting services needed at IEP meetings at various school sites during the 2016-17 school year. The fee for this service shall not exceed $10,000. Funding: 01-41256021-5823 Special Ed Support Services (General Fund – Restricted/State) 5
Board Agenda – June 22, 2016
Agreement with Interpreters Unlimited
7)
It is recommended the Board of Education approve an Independent Contractor Agreement between this District and Interpreters Unlimited, P.O. Box 27660, San Diego, CA 92198-1660 to provide translating and interpreting services needed at IEP meetings at various school sites during the 2016-17 school year. The fee for this service shall not exceed $5,000. Funding: 01-41256021-5823 Special Ed Support Services (General Fund – Restricted/State)
Retainer Agreement with Best Best & Krieger (BBK), Attorneys at Law
8)
It is recommended the Board of Education approve a Retainer Agreement between this District and Best Best & Krieger (BBK), Attorneys at Law, 18101 Von Karman Avenue, Suite 1000, Irvine, CA 92612 to provide legal services during the 2016-17 school year. Attorney legal services will be billed at a rate of $235 per hour, law clerks and paralegals will be billed at a rate of $150 per hour, reimbursements for costs advanced by BBK, as well as other specific expenses. The fee for this service shall not exceed $105,000. Funding: 01-41256021-5816 Special Ed Support Services (General Fund – Restricted/State)
Submittal of Con App Part I
9)
It is recommended the Board of Education approve submittal of the Consolidated Application for Funding Categorical Aid Programs (Part I) for the 2016-17 school year. The application certifies District eligibility for continued support of the following programs: Title I Part A – Basic Grant (NCLB Federal) Title II Part A – Teacher Quality (NCLB Federal) Title III Part A – English Learner (NCLB Federal) Funding: No Cost to the District
Approval of Title III:LEA Plan Goal 2 Update
10)
It is recommended the Board of Education approve the Title III: LEA Plan Goal 2 update in order to apply for and receive Title III funds for the 2016-17 school year. Funding: No Cost to the District
Acceptance of Funds
11)
It is recommended the Board of Education accept $30,000 from the State of California Child Development Services contract No. CPKS-6053 for the Prekindergarten and Family Literacy Programs during the 2016-17 school year. Funding: No Cost to the District
Acceptance of Funds
12)
It is recommended the Board of Education accept $4,724,708 from the State of California Child Development Services contract No. CSPP-6309 for the State Preschool Program inclusive of any additional amendments received for the 2016-17 school year. Funding: No Cost to the District
Exhibit 8B.13 ECE Program Self-Evaluation
13)
It is recommended the Board of Education accept the 2015-16 Early Childhood Education (ECE) Annual Program Self-Evaluation Report as presented in Exhibit 8B.13. The Annual Report details a summary of the AESD California State Preschool Program’s Self Evaluation. It includes the standards met for the 2015-16 school year and the procedures for ongoing monitoring. The program self-evaluation process began at the start of the 2015-16 school year and concluded at the end of May 2016. Funding: No Cost to the District
6
Board Agenda – June 22, 2016
Agreement with Francisco C. Pérez-Duque
14)
It is recommended the Board of Education approve an Independent Contractor Agreement between this District and Francisco C. Pérez-Duque, 2036 Crosscreek Road, Chula Vista, CA 91913 to provide professional development for dual immersion teachers during the 2016-17 school year. The fee for this service shall not exceed $1,200, including traveling expenses. Funding: 01-43342526-5823 Title III LEP Staff Dev Curr (General Fund – Restricted/Federal)
Agreement with Western Youth Services
15)
It is recommended the Board of Education approve an Independent Contractor Agreement between this District and Western Youth Services (WYS), 23461 South Pointe Drive, Suite 220, Laguna Hills, CA 92653 to provide mental health professionals to conduct individual and group sessions to address a variety of student issues such as peer pressure, emotional control, home/family concerns, grief/loss, and appropriate social skills development at James Madison, Horace Mann, and John Marshall schools, effective August 22, 2016, through August 21, 2017. Services will be provided by one lead counselor and three school counselors. The fee for this service shall not exceed $330,590. Funding: 01-44913226-5823 Elementary School Counseling Grant (General Fund – Restricted/Local)
Agreement with Marcus Management Solutions
16)
It is recommended the Board of Education approve an Independent Contractor Agreement between this District and Marcus Management Solutions (MMS), 4713 Norwich Avenue, Sherman Oaks, CA 91403 to oversee the data collection system, analyze the data, and prepare extensive annual evaluation reports for the Elementary School Counseling Program, effective July 1, 2016, through June 30, 2017. The fee for this service shall not exceed $35,850. Funding: 01-44913226-5823 Elementary School Counseling Grant (General Fund – Restricted/Local)
Exhibit 8B.17 Agreement with Western Youth Services
17)
It is recommended the Board of Education approve an Independent Contractor Agreement between this District and Western Youth Services, 23461 South Pointe Drive, Suite 220, Laguna Hills, CA 92653 to provide JumpStart4Kids mental health providers and behavioral health aides to conduct individual and group sessions to address a variety of student issues such as peer pressure, emotional control, home/family concerns, grief/loss, and appropriate social skills development effective, July 1, 2016, through June 30, 2017. The fee for this service shall not exceed $1,395,379; payment shall be approved as indicated in Exhibit 8B.17. Funding: Provided in Exhibit 8B.17
Agreement with Orange County Department of Education
18)
It is recommended the Board of Education approve for 2016-17 Agreement No. 42750 between this District and Orange County Department of Education to provide two two-day certified Restorative Practices trainings titled “Introduction to Restorative Practices and Using Circles Effectively” for up to 80 participants. The fee for this service shall not exceed $7,000. Funding: 01-44030327-5823 Targeted Pupil Services School Admin (General Fund – Unrestricted)
7
Board Agenda – June 22, 2016 Agreement with Orange County Superintendent of Schools
19)
It is recommended the Board of Education approve for 2016-17 Agreement No. 42810 between this District and the Orange County Superintendent of Schools, 200 Kalmus Drive, Costa Mesa, CA 92628 to provide administrative support in compliance with all Federal, State and Superintendent’s program requirements, administration of the school-based Medi-Cal Administrative Activities Program (SMAA), and optional services including preparation of Random Moment Time Study (RMTS) quarterly invoice and assistance with calculation of LEA Medi-Cal Eligibility Rate or “Tape Match Percentage” from data submitted by the District. The fee for this service is 6.5 percent of the District’s reimbursement claim which will be deducted from the District’s SMAA claim. Additional fee for RMTS Software Platform Fees per participant per month will be billed. The RMTS software fee shall not exceed $1,700. Funding: 01-44012434-5823 MAA Administrative Expense (General Fund – Unrestricted)
Agreement with Medical Billing Technologies, Inc.
20)
It is recommended the Board of Education approve an agreement between this District and Medical Billing Technologies, Inc., 525 West Main Street, Suite F, Visalia, CA 93291 to provide training, program analysis, claims data review, and web-based software for the Local Education Agency (LEA) programs effective July 1, 2016, through June 30, 2017. The fee for the LEA services is based on a flat fee of each CPT code procedure submitted as indicated on the LEA OptiService Fee Schedule. The fee for this service shall not exceed $85,000. Funding: 01-44346039-5823 LEA Medi-Cal Administrative Expense (General Fund – Restricted/Federal)
Agreement with Luis Miguel Zuniga
21)
It is recommended the Board of Education approve an Independent Contractor Agreement between this District and Luis Miguel Zuniga, 15601 Tustin Village Way, #35, Tustin, CA 92780 to produce video projects during the 2016-17 school year. The fee for this service shall not exceed $10,000. Funding: 01-45011924-5823 ITV Broadcast (General Fund – Unrestricted)
Agreement with Fluence Learning, LLC
22)
It is recommended the Board of Education approve an agreement between this District and Fluence Learning, LLC, 3527 Mt. Diablo Boulevard, #408, Lafayette, CA 94549 for use of the Fluence online test item bank used to create assessments in grades K through second aligned with Common Core Language Arts and Mathematics standards. The term of this agreement is July 1, 2016, through June 30, 2017. The fee for this service shall not exceed $14,125. Funding: 01-46381910-5860 Title I DWIP Program & Eval Instruction (General Fund – Restricted/Federal)
Agreement with Segerstrom Center for the Arts
23)
It is recommended the Board of Education ratify an Independent Contractor Agreement between this District and Segerstrom Center for the Arts, 600 Town Center Drive, Costa Mesa, CA 92626 to provide two student assemblies titled “Razzle Bam Boom” for John Marshall School on June 7, 2016. The fee for this service shall not exceed $1,095, including a $463 donation from John Marshall School PTA. Funding: 01-18030110-5823 Targeted Marshall Instruction (General Fund – Unrestricted)
C. Exhibit 8C.1 Certificated Personnel
HUMAN RESOURCES 1)
CERTIFICATED PERSONNEL
8
Board Agenda – June 22, 2016 Exhibit 8C.2 Classified Personnel
2)
CLASSIFIED PERSONNEL
Exhibit 8C.3 Payment for Extra Duty/Training
3)
It is recommended the Board of Education approve payment as indicated to the individuals who have successfully completed extra duty/training/seminars/jury duty as listed on Exhibit 8C.3. Funding: Various Restricted and Unrestricted Funds
Agreement with New Management Inc.
4)
It is recommended the Board of Education approve an Independent Contractor Agreement between this District and New Management, Inc., 407 Governor Drive #330, San Diego, CA 92122 to provide two 5-hour professional developments/workshops on Student and Classroom Management for new teachers and substitute teachers during the 2016-17 school year. The fee for this service shall not exceed $4,000. Funding: 01-50030326-5823 Targeted-Human Resources Prof Dvlpmnt (General Fund – Unrestricted)
D.
ADMINISTRATIVE SERVICES
Exhibit 8D.1 Purchase. Orders
1)
It is recommended the Board of Education approve Purchase Orders as listed in Exhibit 8D.1.
Commercial Warrants
2)
It is recommended the Board of Education approve commercial warrants #111431 through #111639 for a total amount of $2,825,050.66. The breakdown by fund is as follows: Fund 01 General $1,179,684.66 Fund 12 Child Development $9,626.73 Fund 14 Deferred Maintenance $0.00 Fund 23 General Obligation Bond Series 2007 $0.00 Fund 25 Capital Facilities $16,637.00 Fund 26 General Obligation BAN Series 2011A $20,828.00 Fund 27 General Obligation BAN QSCB Series 2011B $0.00 Fund 39 School Facilities Prop. 47 $0.00 Fund 40 Special Reserve/Capital Outlay $0.00 Fund 68 Self-Insurance Fund $1,598,274.27
Payroll Warrants
3)
It is recommended the Board of Education approve payroll warrants for the month of May in the amount of $14,271,438.72.
Amendment to Agreement with Orange County Public Safety – Ponderosa and Revere
4)
It is recommended the Board of Education approve an amendment to the agreement between this District and Orange County Public Safety, 1040 E. Whittier Boulevard, Suite 205, La Habra, CA 90631. Under this agreement, Board approved March 9, 2016, effective through June 30, 2016, additional patrol services are available upon request. The amendment includes an increase of $1,100 for the additional patrol service of one dedicated officer at Ponderosa from March 1, 2016, through June 30, 2016, and the additional patrol service of one dedicated officer on dates specified by the District in June 2016 to patrol the Grand Palace Banquet Hall parking lot at 1363 S. Anaheim Boulevard, Anaheim, CA 92805, for use by Revere staff at a fee not to exceed $3,250. Funding: 01-64230081-5817 Routine Restricted Maintenance (General Fund - Restricted)
[The amount approved at the May 11, 2016, Board meeting was incorrectly stated as $7,600, and should have been stated as $8,700, for the additional patrol service of one dedicated officer at Ponderosa. The one dedicated officer to patrol the Grand Palace Banquet Hall parking lot is newly added for June 2016.]
9
Board Agenda – June 22, 2016
Agreement with Orange County Public Safety
5)
It is recommended the Board of Education approve an agreement between the District and Orange County Public Safety, 1040 E. Whittier Boulevard, Suite 205, La Habra, CA 90631, to provide patrol services to all District schools and administrative facilities as basic services for the not to exceed cost of $17,700, and to provide one dedicated officer at Ponderosa as additional patrol services from July 1, 2016, through September 30, 2016, at a fee not to exceed $6,400. The total fee for these services shall not exceed $24,100. Additional patrol services are available on request. Funding: 01-64230081-5817 Routine Restricted Maintenance (General Fund – Restricted)
Custodial Supplies Bid Award Renewal
6)
It is recommended the Board of Education approve the renewal of the District’s Bid #14/15-02 Custodial Supplies, awarded by line item to the following vendors: Glasby Maintenance Supply Co., 116 E. Orangethorpe Avenue, Anaheim, CA 92801 Maintex, Inc., 13300 E. Nelson Avenue, City of Industry, CA 91746 GORM, Inc., 1501 South Hudson Avenue, Ontario, CA 91761 Funding: 01-62000100-9320 Stores (General Fund – Unrestricted)
[This is the third and final year of the contract for each vendor. Each contract has the same general terms and conditions and may be extended upon mutual consent of the District and each vendor. This bid is awarded by line item to provide the District with the lowest bid purchase price per custodial supply product stocked in the District’s Warehouse store inventory.] Exhibit 8D.7 Disposal of Obsolete and/or Unusable Surplus Property
7)
Agreement with The Liquidation Company
8)
It is recommended the Board of Education approve the attached list of District equipment (Exhibit A) as obsolete and/or unusable surplus property, and authorize the proper disposal of these items. Funding: General Fund - Unrestricted [The disposal of the 4 school buses and 1 work truck are pursuant to the District’s vehicle replacement plan. The school buses are 1994 Fords and the work truck is a 2000 Chevrolet. The District has requested the Board’s approval to enter an agreement with The Liquidation Company to handle the auction and disposal of non-saleable obsolete and/or unusable surplus property for fiscal year 2016-17. Education Code Section 17545 states: “The governing board of any school district may sell for cash any personal property belonging to the district if the property is not required for school purposes, or if it should be disposed of for the purpose of replacement, or if it is unsatisfactory or not suitable for school use.”]
It is recommended the Board of Education approve an agreement between this District and The Liquidation Company, 10012 Citrus Avenue, Fontana, CA 92335, for the sale of decommissioned vehicles and all other obsolete and/or unusable surplus equipment, materials, and supplies or other personal property using offsite and online auctions for the 2016-17 fiscal year. The cost is not to exceed 45 percent of the gross dollars collected for handling the auction and disposal of non-saleable items. Fee will be deducted from proceeds. Funding: 01-63006375-5823 Purchasing (General Fund – Unrestricted)
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Board Agenda – June 22, 2016 Agreement with Various Vendors for Music Instruments and Supplies
9)
It is recommended the Board of Education approve the award of the District‘s Bid No. 2015-16-02, music instruments, by line item to the following vendors: Charles Music Store, 421 North Glendale Avenue, Glendale, CA 91206 Instrumental Savings, 1130 North Kraemer Boulevard, Anaheim, CA 92806 Music & Arts Centers, 4626 Wedgewood Boulevard, Frederick, MD 21703 Nick Rail Music Inc., 2801 De La Vina Street, Santa Barbara, CA 93105 Sam Ash California Megastores, LLC, 18031 Gale Avenue, City of Industry, CA 91748. Funding: 40-65013585-6441 District Capital Assets (Special Reserve/Capital Outlay) [This is a one-year contract that may be extended upon the mutual consent of the District and the vendor for a maximum of two additional one-year periods (for a total of three years). This contract is to provide a procurement method to purchase music instruments to meet the educational needs of AESD students.]
Agreement with Tiger Woods Foundation
10)
It is recommended the Board of Education approve an agreement between this District and Tiger Woods Foundation to provide transportation services on an as-needed and when-available basis between July 1, 2016, and June 30, 2017. Reimbursement to the District for transportation services shall be at the hourly rate of $65 per hour with no mileage or other additional charges. Funding: 01-60203036-4327 Field Trip Reimbursement (General Fund – Unrestricted)
Agreement with Frog Environmental – Storm Water Management
11)
It is recommended the Board of Education approve an agreement between this District and Frog Environmental, 800 E. Ocean Boulevard, Suite 105, Long Beach, CA 90802, to provide storm water management for the District Office Transportation parking location for the 2016-17 school year. The fee for this service shall not exceed $4,236. Funding: 01-60203036-5823 Transportation Home-To School (General Fund – Restricted/State)
Agreement with School Services of California, Inc.
12)
It is recommended the Board of Education renew an agreement for the 2016-17 fiscal year with School Services of California, 1121 L Street, Suite 1060, Sacramento, CA 95814, to provide information and assistance with school finance, legislation, and general fiscal issues at a cost of $3,660, plus $600, for the Comparative Analysis of District Income and Expenditures (CADIE) and Salary and Benefit Reports (SABRE) for a total of $4,260 plus expenses. Funding: 01-60006278-5823 Fiscal Administration (General Fund – Unrestricted)
Agreement with Atkinson, Adelson, Loya, Ruud & Romo, Attorneys-atLaw
13)
It is recommended the Board of Education approve an agreement between this District and Atkinson, Andelson, Loya, Ruud & Romo (AALRR), Attorneys-atLaw, 12800 Center Court Drive South, Suite 300, Cerritos, CA 90703, to provide legal services on an as-needed basis for the 2016-17 school year. The cost for these services shall not exceed $100,000. Funding: 01-60006278-5816 Legal Services, Admin Svcs (General Fund – Unrestricted)
Agreement with CF Environmental, Inc –Guinn Single Point of Entry Remediation Monitoring
14)
It is recommended the Board of Education approve an agreement between this District and CF Environmental, 4017 Alcove Avenue, Studio City, CA 91604, to provide remediation monitoring services for the single point of entry at Guinn Elementary school. The term of the agreement is June 23, 2016, through December 31, 2016. The fee for this service will be at a cost not to exceed $4,463.60, plus reimbursable expenses of $446.36 for a total contract amount not to exceed of $4,909.96. Funding: 26-09578285-6280 Guinn Single Point of Entry (General Obligation BAN Series 2011A - Restricted) 11
Board Agenda – June 22, 2016
Agreement with Bernards – Multiple Sites
15)
It is recommended the Board of Education approve an agreement between this District and Bernards, 3633 East Inland Empire Boulevard, Suite 800, Ontario, CA 91764, for project management and coordination services for multiple sites. The term of the agreement is July 1, 2016, through February 28, 2017, to be billed at the contractual hourly rate at a cost not to exceed $116,230.40, for a total contract amount of $116,230.40. The terms of this agreement are in accordance with the master agreement approved by the Board on January 14, 2013. Funding: 26-05578285-6257 Barton Single Point of Entry $6,705.60 (General Obligation BAN Series 2011A-Restricted) 26-05578185-6257 Barton Portables $10,058.40 (General Obligation BAN Series 2011A-Restricted) 26-09578285-6257 Guinn Single Point of Entry $8,940.80 (General Obligation BAN Series 2011A-Restricted) 26-31578285-6257 Ponderosa Single Point of Entry $18,999.20 (General Obligation BAN Series 2011A-Restricted) 01-64235181-5823 Routine Restricted Maint Security $8,940.80 (General Fund – Restricted) 01-64236281-5823 Routine Restricted Maint Playgrounds $62,585.60 (General Fund – Restricted)
Amendment to Agreement with CF Environmental – Stoddard Modernization
16)
It is recommended the Board of Education approve an amendment to the agreement between this District and CF Environmental, Inc., 4017 Alcove Avenue, Studio City, CA 91604, to extend the term of the agreement to provide hazardous materials consulting and on-site project management services for the Stoddard Modernization Project. The term of the agreement is July 1, 2016, through December 31, 2016, at no additional cost to the District. Funding: 23-24572085-6280 Stoddard Modernization (General Obligation Bond – Restricted)
Amendment to Agreement with Alliant – Stoddard Modernization
17)
It is recommended the Board of Education approve an amendment to the agreement between this District and Alliant Consulting, Inc. 2815 Camino Del Rio S, Suite 126, San Diego, CA 92108, to extend the term of the agreement to provide labor compliance consulting services for the Stoddard Modernization Project. The term of the agreement is July 1, 2016, through December 31, 2016, at no additional cost to the District. Funding: 23-24572085-6253 Stoddard Modernization (General Obligation Bond – Restricted)
Amendment to Agreement with City of Anaheim – District Athletic Fields
18)
It is recommended the Board of Education approve an amendment to the agreement between this District and the City of Anaheim, 200 South Anaheim Boulevard, Suite 433, Anaheim, CA 92805, use of District athletic fields during non-school hours for City of Anaheim and community recreation purposes. The term of this agreement is for five years, effective June 23, 2016, through July 1, 2021. Funding: No cost to the District
Amendment to Agreement with City of Anaheim – City Park & Field Use
19)
It is recommended the Board of Education approve an amendment to the agreement between this District and the City of Anaheim, 200 South Anaheim Boulevard, Suite 433, Anaheim, CA 92805, for District use of City parks and fields during school hours. The term of this agreement is June 23, 2016 for five years, ending July 1, 2021. Funding: No cost to the District 12
Board Agenda – June 22, 2016 Amendment to Agreement with Ziemba + Prieto – District-Wide Projects
20)
It is recommended the Board of Education approve an amendment to the agreement between this District and Ziemba + Prieto Architects, 601 S. Glenoaks Boulevard, Suite 400, Burbank, CA 91502, to extend the term of the agreement to provide architectural services on an as-needed basis for various projects as may be requested by the District which was approved June 24, 2013. The term of this agreement is July 1, 2016, through December 31, 2016, at no additional cost to the District. Funding: 23-XXXXXXXX-6267 General Obligation Bond Series 2007 26-XXXXXXXX-6267 General Obligation BAN Series 2011A 01-XXXXXXXX-5823 General Fund END OF CONSENT CALENDAR
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ 9.
ACTION CALENDAR A.
SUPERINTENDENT’S OFFICE – NONE
B.
EDUCATIONAL SERVICES
Adoption of Local Control Accountability Plan
1)
It is recommended the Board of Education adopt the 2016-17 Local Control Accountability Plan (LCAP) as presented at the June 9, 2016, Board meeting in accordance with Education Code Section 52062(b)(2).
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ Exhibit 9B.2 Special Education Memorandum of Understanding with GOALS Academy Charter School
2)
It is recommended the Board of Education approve a Special Education Memorandum of Understanding between this District and GOALS Academy, 11740 La Palma Park Way, Anaheim, CA 92801 to outline the roles and responsibilities with respect to students who enroll in and attend the Charter School and are eligible for special education and related services under the Individuals with Disabilities Education Improvement Act of 2004, effective July 1, 2016, through June 30, 2017. Funding: No Cost to the District
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ C. Exhibit 9C.1 Job Description & Recruitment Adapted Physical Educ. Teacher
HUMAN RESOURCES 1)
It is recommended the Board of Education approve the new job description for Adapted Physical Education Teacher and also approve the recruitment for this position. This position shall be on the Certificated Credentialed Salary Schedule.
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ Exhibit 9C.2 Revised Job Description Occupational Therapist
2)
It is recommended the Board of Education approve the revised job description for Occupational Therapist and also approve the new salary placement for this position. This position shall be on range 42 of the Classified Monthly Salary Schedule.
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ 13
Board Agenda – June 22, 2016
Classified Provisional Salary Schedule
3)
It is recommended the Board of Education resolve that the 2016-17 salaries reflected for job classifications listed on the Classified Provisional Salary Schedule are undetermined at this time and that a final decision regarding the salaries for the job classifications listed on the Classified Provisional Salary Schedule for the 2016-17 school year will be made at a later date.
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ Correction to Addendum #5 for Employment Agreement Superintendent
4)
It is recommended the Board of Education approve corrected Addendum #5 to the employment agreement of the Superintendent, originally approved at the April 27, 2016, Board meeting. The corrected Addendum #5 reflects the appropriate percentage increase and retroactive payment amount. [A clerical error was made in the initial calculation of Addendum #5.]
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ D. Adoption of the 2016-17 District Budget
ADMINISTRATIVE SERVICES 1)
It is recommended the Board of Education adopt the 2016-17 budget as presented at the June 9, 2016, Board meeting.
[Details of the budget were discussed and reviewed at the June 9, 2016, Board meeting. Included in this budget adoption is the General Fund as well as the Child Development, Deferred Maintenance, Capital Facilities, State School Building, Special Reserve for Capital Outlay, and Self Insurance funds.]
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ Exhibit 9D.2 Res 2015-16/59 Temporary Interfund Transfers
2)
It is recommended the Board of Education approve Resolution No. 2015-16/59 to establish temporary interfund transfers of General Fund and various funds for fiscal year 2016-17.
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ Exhibit 9D.3 Res 2015-16/60 Education Protection Account
3)
It is recommended the Board of Education approve Resolution No. 2015-16/60 to receive and disburse the revenues derived from the incremental increases in taxes imposed by Article XIII, Section 36(f) and that monies received from the Education Protection Account (EPA) – Prop 30 will be spent as required by Article XIII, Section 36. Funding: 01-62406010-1112 Teachers Salaries 01-62406010-3XXX Benefits (General Fund – Unrestricted)
[Pursuant to Article XIII, Section 36 of the California Constitution, school districts are required to determine how the monies received from the Education Protection Account are spent in the school or schools within its jurisdiction, provided that the governing board makes the spending determination in an open session of a public meeting. The language in the constitutional amendment requires that funds shall not be used for the salaries and benefits of administrators or any other administrative costs. Note that for every $1 of EPA funds received, AESD will receive $1 less in state aid funding so there is no net increase in total funding.]
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____
14
Board Agenda – June 22, 2016 Exhibit 9D.4 Res 2015-16/61 Authorizing Issuance of AESD General Obligation Bonds
4)
It is recommended the Board of Education approve Resolution No. 2015-16/61 authorizing the issuance of not to exceed $64,000,000 of Anaheim Elementary School District’s general obligation bonds, Measure G, election of 2010, series 2016, and actions related thereto.
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ Exhibit 9D.5 Res 2015-16/62 Authorizing Issuance of AESD General Obligation Refunding Bonds
5)
It is recommended the Board of Education approve Resolution No. 2015-16/62 authorizing the issuance and sale of Anaheim Elementary School District 2016 general obligation refunding bonds not to exceed $35,000,000.
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ Agreement with TBWB Strategies District
6)
It is recommended the Board of Education approve an agreement between the District and TBWB Strategies, 400 Montgomery Street, 7th Floor, San Francisco, CA 94101 to provide Phase 2 Consulting Services in advising the District for the potential of a General Obligation Bond election. Scope of services includes helping coordinate public information and ballot measure development. The term of the agreement is June 23, 2016, to August 12, 2016, and can be terminated with a 30-day notice by either party. The contract amount is a flat fee of $6,500 per month plus reimbursable expenses not to exceed $1,000 per month. Funding: 25-65006585-5823 Planning, Research Evaluation (Capital Facilities Developer Fees – Restricted)
Motion:_____ Second:_____ Vote: BG _____ JF_____ DH_____ RR_____ JC_____ 10. School Business
BOARD DISCUSSION A.
Board Member activities related to school business
11.
FUTURE AGENDA ITEMS
12.
ADJOURNMENT FUTURE AGENDA ITEMS TOPIC
FORMAT
ITEM IN PROGRESS
DATE AGENDIZED
FCMAT Study Update
Superintendent’s Report
X
To Be Determined
Literacy Update – Student Achievement
Superintendent’s Report
X
To Be Determined
NEXT REGULAR BOARD MEETING Wednesday, July 27, 2016 – 6:30 p.m. Board Room – Building B 1001 S. East Street, Anaheim
15
ANAHEIM ELEMENTARY SCHOOL DISTRICT Resolution 2015-15/64
In Recognition of Terry Lowe’s Service WHEREAS,
Terry Lowe is retiring as Director of Community Services for the City of Anaheim after dedicating thirty-nine years to improving the quality of life for all residents of the City of Anaheim; and
WHEREAS,
Terry Lowe has helped establish and maintain numerous joint use agreements between the City of Anaheim and the Anaheim Elementary School District to allow City and School District facilities to be accessible to and mutually beneficial to each other’s respective clientele; and
WHEREAS,
Terry Lowe worked with City and District officials to create the Joint Use Agreement that resulted in the construction of Ponderosa School, a modern facility serving the students of Anaheim Elementary School District and the residents of the City of Anaheim; and
WHEREAS,
Terry Lowe’s leadership and commitment has led to the highly successful and innovative idea of the Ponderosa Library serving as a school library during the school day and a community library after school hours, thus making many more resources available to the residents of Anaheim and the youth of the Ponderosa community than would normally exist; and
WHEREAS,
Terry Lowe worked with several school districts, city leaders, the Anaheim YMCA and multiple entities and stakeholders to help create the groundbreaking partnership of Anaheim Achieves, an award winning afterschool program that serves thousands of children every day; and
WHEREAS,
Terry Lowe has worked tirelessly with Anaheim Elementary School District officials to improve the safety of Anaheim children through many different efforts; and
WHEREAS,
Terry Lowe’s entire career has been marked by exemplary cooperation, coordination and collaboration with the Anaheim Elementary School District in countless projects; and
WHEREAS,
the product of Terry Lowe’s efforts will be enjoyed and utilized for many years into the future by residents of Anaheim and students of the Anaheim Elementary School District;
THEREFORE, BE IT RESOLVED, that the Anaheim Elementary School District recognizes Terry Lowe for his outstanding leadership, tireless work, unending dedication to the residents of Anaheim, outstanding collaboration with the Anaheim Elementary School District, ability to establish mutually beneficial partnerships and willingness to explore any idea that would improve the life of people living, working or playing in Anaheim; and BE IT FURTHER RESOLVED, that the Anaheim Elementary School Districts is deeply appreciative of the career of Terry Lowe and extends heartfelt thanks and sincerest wishes for a happy and well deserved retirement. PASSED AND ADOPTED by the Governing Board of the Anaheim Elementary School District of Orange County, State of California, this 22nd day of June, 2016. ______________________________________________ Linda Wagner, Ed.D., Superintendent and Secretary of the Governing Board of the Anaheim Elementary School District
ACKNOWLEDGEMENT OF GIFTS WITH APPRECIATION Anaheim Elementary School District Board Meeting June 22, 2016 SITE
DONOR
DONATION
1.
Loara School
Anaheim Public Utilities
7 cases of water
2.
Ponderosa School
Wells Fargo Matching Gifts Program
$500
3.
Betsy Ross School
Betsy Ross PTA
$1,542.80
4.
Betsy Ross School
Betsy Ross PTA
$6,000
Board Bylaws
BB 9270(a)
CONFLICT OF INTEREST
The Board of Education desires to maintain the highest ethical standards and help ensure that decisions are made in the best interest of the district and the public. In accordance with law, Board members and designated employees shall disclose any conflict of interest and, as necessary, shall abstain from participating in the decision. (cf. 9005 - Governance Standards)
Designated employees of the District, including Board members, shall adhere to the financial disclosure requirements of the District’s Conflict of Interest Code adopted pursuant to the provisions of Government Code 87300. The District’s Conflict of Interest Code shall comprise the terms of the California Code of Regulations, Title 2, Section 18730 and any amendments to it adopted by the Fair Political Practices Commission, together with a District attachment specifying designated positions and the specific types of disclosure statements required for each position. The Board shall review the District’s Conflict of Interest Code in even-numbered years and send the code reviewing body either an amended code or, by October 1 of that year, a statement to the effect that no change is necessary. When a change in the district's conflict of interest code is necessitated due to changed circumstances, such as the creation of new designated positions, changes to the duties assigned to existing positions, amendments, or revisions, the amended code shall be submitted to the code reviewing body within 90 days. (Government Code 87306) Upon receiving the statements of employees designated in Category OC-01, the District shall make and retain copies for four years and shall forward the originals to the code reviewing body. Statements for all other designated employees shall be retained for four years by the District. When reviewing and preparing the district's conflict of interest code, the Superintendent or designee shall provide officers, employees, consultants, and members of the community adequate notice and a fair opportunity to present their views. (Government Code 87311) (cf. 9320 - Meetings and Notices)
Board members and designated employees shall annually file a Statement of Economic Interest/Form 700 in accordance with the disclosure categories specified in the district's conflict of interest code. A Board member who leaves office or a designated employee who leaves district employment shall, within 30 days, file a revised statement covering the period of time between the closing date of the last statement and the date of leaving office or district employment. (Government Code 87302, 87500) (cf. 4117.2/4217.2/4317.2 - Resignation) (cf. 9222 - Resignation)
BB 9270(b) CONFLICT OF INTEREST (continued)
Conflict of Interest under the Political Reform Act A Board member or designated employee shall not make, participate in making, or in any way use or attempt to use his/her official position to influence a governmental decision in which he/she knows or has reason to know that he/she has a disqualifying conflict of interest. A conflict of interest exists if the decision will have a "reasonably foreseeable material financial effect" on one or more of the Board member's or designated employee's "economic interests," unless the effect is indistinguishable from the effect on the public generally or the Board member's or designated employee's participation is legally required. (Government Code 87100, 87101, 87103; 2 CCR 18700-18709) A Board member or designated employee makes a governmental decision when, acting within the authority of his/her office or position, he/she votes on a matter, appoints a person, obligates or commits the district to any course of action, or enters into any contractual agreement on behalf of the district. (2 CCR 18702.1) A Board member who has a disqualifying conflict of interest on an agenda item that will be heard in an open meeting of the Board shall abstain from voting on the matter. He/she may remain on the dais, but his/her presence shall not be counted towards achieving a quorum for that matter. A Board member with a disqualifying conflict of interest shall not be present during a closed session meeting of the Board when the decision is considered and shall not obtain or review a recording or any other nonpublic information regarding the issue. (2 CCR 18702.1) Additional Requirements for Boards that Manage Public Investments A Board member who manages public investments pursuant to Government Code 87200 and who has a financial interest in a decision shall, upon identifying a conflict or potential conflict of interest and immediately prior to the consideration of the matter, do all of the following: (Government Code 87105; 2 CCR 18702.5) 1.
Publicly identify each financial interest that gives rise to the conflict or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required.
2.
Recuse himself/herself from discussing and voting on the matter, or otherwise acting in violation of Government Code 87100. The Board member shall not be counted toward achieving a quorum while the item is discussed. However, the Board member may speak on the issue during the time that the general public speaks on it and may leave the dais to speak from the same area as members of the public. He/she may listen to the public discussion of the matter with members of the public.
BB 9270(c)
CONFLICT OF INTEREST (continued)
3.
Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters. If the item is on the consent calendar, the Board member must recuse himself/herself from discussing or voting on that matter, but the Board member is not required to leave the room during consideration of the consent calendar.
4.
If the Board's decision is made during closed session, disclose his/her interest orally during the open session preceding the closed session. This disclosure shall be limited to a declaration that his/her recusal is because of a conflict of interest pursuant to Government Code 87100. He/she shall not be present when the item is considered in closed session and shall not knowingly obtain or review a recording or any other nonpublic information regarding the Board's decision.
(cf. 3430 - Investing)
Conflict of Interest under Government Code 1090 Board members, employees, or district consultants shall not be financially interested in any contract made by the Board on behalf of the district, including in the development, preliminary discussions, negotiations, compromises, planning, reasoning, and specifications and solicitations for bids. If a Board member has such a financial interest, the district is barred from entering into the contract. (Government Code 1090; Klistoff v. Superior Court, (2007) 157 Cal.App. 4th 469) A Board member shall not be considered to be financially interested in a contract if his/her interest is a "noninterest" as defined in Government Code 1091.5. One such noninterest is when a Board member's spouse/registered domestic partner has been a district employee for at least one year prior to the Board member's election or appointment. (Government Code 1091.5) A Board member shall not be considered to be financially interested in a contract if he/she has only a "remote interest" in the contract as specified in Government Code 1091 and if the remote interest is disclosed during a Board meeting and noted in the official Board minutes. The affected Board member shall not vote or debate on the matter or attempt to influence any other Board member to enter into the contract. (Government Code 1091)
BB 9270(d)
CONFLICT OF INTEREST (continued) Even if there is not a prohibited conflict of interest, a Board member shall abstain from voting on personnel matters that uniquely affect his/her relatives. However, a Board member may vote on collective bargaining agreements and personnel matters that affect a class of employees to which his/her relative belongs. Relative means an adult who is related to the Board member by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. (Education Code 35107) A relationship within the third degree includes an individual's parents, grandparents, greatgrandparents, children, grandchildren, great-grandchildren, brothers, sisters, aunts, uncles, nieces, nephews, and the similar family of the individual's spouse/registered domestic partner unless the individual is widowed or divorced. Common Law Doctrine Against Conflict of Interest A Board member shall abstain from any official action in which his/her private or personal interest may conflict with his/her official duties. Rule of Necessity or Legally Required Participation On a case-by-case basis and upon advice of legal counsel, a Board member with a financial interest in a contract may participate in the making of the contract if the rule of necessity or legally required participation applies pursuant to Government Code 87101 and 2 CCR 18708. Incompatible Offices and Activities Board members shall not engage in any employment or activity or hold any office which is inconsistent with, incompatible with, in conflict with, or inimical to the Board member's duties as an officer of the district. (Government Code 1099, 1126) (cf. 4136/4236/4336 - Nonschool Employment)
Gifts Board members and designated employees may accept gifts only under the conditions and limitations specified in Government Code 89503 and 2 CCR 18730. The limitation on gifts does not apply to wedding gifts and gifts exchanged between individuals on birthdays, holidays, and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value. (Government Code 89503) Gifts of travel and related lodging and subsistence shall be subject to the current gift limitation except as described in Government Code 89506.
BB 9270(e)
CONFLICT OF INTEREST (continued) A gift of travel does not include travel provided by the district for Board members and designated employees. (Government Code 89506) Honoraria Board members and designated employees shall not accept any honorarium, which is defined as any payment made in consideration for any speech given, article published, or attendance at any public or private gathering, in accordance with law. (Government Code 89501, 89502) The term honorarium does not include: (Government Code 89501) 1.
Earned income for personal services customarily provided in connection with a bona fide business, trade, or profession unless the sole or predominant activity of the business, trade, or profession is making speeches
2.
Any honorarium which is not used and, within 30 days after receipt, is either returned to the donor or delivered to the district for donation into the general fund without being claimed as a deduction from income for tax purposes
Legal Reference: EDUCATION CODE 1006 Qualifications for holding office 35107 School district employees 35230-35240 Corrupt practices, especially: 35233 Prohibitions applicable to members of governing boards 41000-41003 Moneys received by school districts FAMILY CODE 297.5 Rights, protections, and benefits of registered domestic partners GOVERNMENT CODE 1090-1099 Prohibitions applicable to specified officers 1125-1129 Incompatible activities 81000-91014 Political Reform Act of 1974, especially: 82011 Code reviewing body 87100-87103.6 General prohibitions 87200-87210 Disclosure 87300-87313 Conflict of interest code 87500 Statements of economic interests 89501-89503 Honoraria and gifts 91000-91014 Enforcement Legal Reference continued: (see next page)
BB 9270(f)
CONFLICT OF INTEREST (continued)
Legal Reference: (continued) PENAL CODE 85-88 Bribes CODE OF REGULATIONS, TITLE 2 18110-18997 Regulations of the Fair Political Practices Commission, especially: 18702.5 Public identification of a conflict of interest for Section 87200 filers COURT DECISIONS Klistoff v. Superior Court, (2007) 157 Cal.App.4th 469 Thorpe v. Long Beach Community College District, (2000) 83 Cal.App.4th 655 Kunec v. Brea Redevelopment Agency, (1997) 55 Cal.App.4th 511 ATTORNEY GENERAL OPINIONS 92 Ops.Cal.Atty.Gen. 26 (2009) 92 Ops.Cal.Atty.Gen. 19 (2009) 89 Ops.Cal.Atty.Gen. 217 (2006) 86 Ops.Cal.Atty.Gen. 138(2003) 85 Ops.Cal.Atty.Gen. 60 (2002) 82 Ops.Cal.Atty.Gen. 83 (1999) 81 Ops.Cal.Atty.Gen. 327 (1998) 80 Ops.Cal.Atty.Gen. 320 (1997) 69 Ops.Cal.Atty.Gen. 255 (1986) 68 Ops.Cal.Atty.Gen. 171 (1985) 65 Ops.Cal.Atty.Gen. 606 (1982) 63 Ops.Cal.Atty.Gen. 868 (1980) Management Resources: CSBA PUBLICATIONS Conflict of Interest: Overview of Key Issues for Governing Board Members, Fact Sheet, July 2010 FAIR POLITICAL PRACTICES COMMISSION PUBLICATIONS Can I Vote? A Basic Overview of Public Officials' Obligations Under the Conflict-of-Interest Rules, 2005 INSTITUTE FOR LOCAL GOVERNMENT PUBLICATIONS Understanding the Basics of Public Service Ethics: Personal Financial Gain Laws, 2009 Understanding the Basics of Public Service Ethics: Transparency Laws, 2009 WEB SITES CSBA: http://www.csba.org Fair Political Practices Commission: http://www.fppc.ca.gov Institute of Local Government: http://www.ca-ilg.org
Bylaw ANAHEIM CITY ELEMENTARY SCHOOL DISTRICT adopted: November 14, 2011 Anaheim, California 1st Reading: June 9, 2016 2nd Reading: June 22, 2016
PROPOSED AMENDMENTS
CONFLICT OF INTEREST CODE FOR THE ___________ANAHEIM CITY ELEMENTARY SCHOOL DISTRICT___________
The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency’s code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Anaheim City Elementary School District. Designated employees shall file statements of economic interests with the Anaheim City Elementary School District’s Political Reform Act Filing Officer, Assistant Superintendent, Human Resources Department, who will make the statements available for public inspection and reproduction (Government Code Section 82008). Upon receipt of the statements of the Anaheim City Elementary School District Board Member, Superintendent, Assistant Superintendent, Senior Director, Director, and Member of the Independent Citizens’ Oversight Committee, the Anaheim City School District’s Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors, who is the Filing Officer for those designated positions. Statements for all other designated employees will be retained by the Anaheim City Elementary School District’s Filing Officer.
EXHIBIT A ANAHEIM CITY ELEMENTARY SCHOOL DISTRICT LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Designated Positions Board Member
Disclosure Categories OC-01
Superintendent
OC-01
Assistant Superintendent
OC-01
Senior Director
OC-01
Director
OC-01
Member - Independent Citizens’ Oversight Committee
OC-01
Administrator
OC-02
Assistant Director
OC-02
Principal
OC-02
Vice Principal
OC-02
Leadership Assistant
OC-02
Program Specialist
OC-02
Supervisor
OC-02
Coordinator
OC-02
Curriculum Specialist
OC-02
Psychologist
OC-02
Consultant
OC-30
EXHIBIT B ANAHEIM CITY ELEMENTARY SCHOOL DISTRICT
Disclosure Category OC-01
OC-02 OC-30
Disclosure Description All interests in real property in Orange County or the District, as well as investments, business positions and sources of income (including gifts, loans and travel payments). All investments, business positions and sources of income (including gifts, loans and travel payments). Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The Superintendent may determine that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Officer for public inspection.
Adopted: March 8, 2010 Updated: August 13, 2012 1st Reading: June 9, 2016 2nd Reading: June 22, 2016
ANAHEIM ELEMENARY SCHOOL DISTRICT Educational Services Office of the Assistant Superintendent Board of Education Agenda June 22, 2016 INTERDISTRICT ATTENDANCE PERMITS 8. CONSENT AGENDA B.
EDUCATIONAL SERVICES 1)
INTERDISTRICT ATTENDANCE PERMITS a) Approve the following requests for new outgoing transfers for the 2015/16 school year. Pupil
School of Residence
District of Attendance
15161309 15161310 15161315 15161316 15161311 15161312 15161313 15161314
Ponderosa Ponderosa Edison Edison Sunkist Sunkist Sunkist Marshall
Garden Grove Garden Grove Garden Grove Garden Grove Magnolia Magnolia Magnolia Ocean View
b) Approve the following requests for new incoming transfers for the 2016/17 school year.
Pupil
School of Residence
District of Attendance
1517038 1517091 1517072 1517045 1517086 1517087 1517088 1517001 1517002 1517011 1517017 1517018 1517019 1517020 1517022 1517058 1517060 1517062 1517070 1517071 1517085 1517102
Barton Barton Marshall Mann Marshall Stoddard Stoddard Price Price Price Price Price Price Lincoln Price Marshall Jefferson Westmont Price Price Price Price
Alvord USD Buena Park Chino Valley Compton Cypress Cypress Cypress Downey Fullerton Fullerton Fullerton Fullerton Fullerton Fullerton Fullerton Fullerton Fullerton Fullerton Fullerton Fullerton Fullerton Fullerton
(cont)
b) Approve the following requests for new incoming transfers for the 2016/17 school year.
Pupil
School of Residence
District of Attendance
1517105 1517108 1517013 1517101 1517005 1517014 1517015 1517016 1517024 1517034 1517035 1517036 1517064 1517065 1517066 1517078 1517079 1517080 1517083 1517084 1517089 1517093 1517094 1517095 1517096
Franklin Price Juarez Price Price Juarez Lincoln Price Juarez Juarez Price Juarez Juarez Price Roosevelt Madison Marshall Marshall Stoddard Stoddard Pondersa Palm Lane Madison Barton Stoddard
Fullerton Fullerton Fullerton Fullerton Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove
c) Approve the following requests for new outgoing transfers for the 2016/17 school year.
Pupil
School of Residence
District of Attendance
16170917 16170893 16170921 16170922 16170891 16170892 16170929 16170931 16170920 16170900 16170926 16170898 16170897 16170899 16170894 16170895 16170896 16170932 16170913 16170935
Gauer Gauer Loara Loara Ponderosa Ponderosa Stoddard Sunkist Jefferson Madison Gauer Westmont Ponderosa Guinn Sunkist Sunkist Sunkist Roosevelt Ponderosa Barton
ABC Cypress Fullerton Fullerton Garden Grove Garden Grove Garden Grove Garden Grove Los Alamitos Magnolia Magnolia Ocean View Orange Orange Placentia Y.L. Placentia Y.L. Placentia Y.L. Placentia Y.L. Santa Ana Savanna
(cont)
c) Approve the following requests for renewal outgoing transfers for the 2016/17 school year.
Pupil
School of Residence
District of Attendance
16170909 16170930 16170916 16170885 16170901 16170902 16170903 16170910 16170911 16170912 16170919 16170923 16170924 16170937 16170914 16170918 16170925 16170927 16170908 16170888 16170889 16170890 16170915 16170886 16170887 16170936 16170906 16170907 16170905 16170928 16170938 16170904 16170933 16170934
Ponderosa Westmont Ponderosa Marshall Westmont Ponderosa Ponderosa Ponderosa Ponderosa Ponderosa Palm Lane Ponderosa Ponderosa Stoddard Barton Mann Gauer Gauer Marshall Revere Revere Revere Revere Edison Edison Sunkist Palm Lane Palm Lane Madison Barton Madison Barton Madison Madison
Brea Centralia Fullerton Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Garden Grove Magnolia Magnolia Magnolia Magnolia Ocean View Orange Orange Orange Orange Placentia Y.L. Placentia Y.L. Placentia Y.L. Santa Ana Santa Ana Savanna Savanna Savanna Westminister Westminister Westminister
ANAHEIM ELEMENTARY SCHOOL DISTRICT
Office of Curriculum and Instruction
The following individuals have completed seminars and should receive a stipend as follows: ID# LAST NAME 0400006838 ADAMS 0400002819 AGUAYO-BERRY
FIRST NAME LINDSEY LAURA
0400000779 AIKEN
CATHERINE
0400002327 ALCALA
MARIA
0400002584 ARMESON 0400005409 AVALOS 0400002644 BARBOUR
ADRIANA LISSETTE ANNE
0400000077 BARRY
DIANE
0400002015 0400001353 0400007712 0400001043 0400004355
SANDRA MONICA CHRISTINA JOJIE DEBBIE
BARTOLDUS BERRO BOEDIARTO BORMAN BOX
POSITION TEACHER-6TH TEACHER-K
TRACK E E
SCHOOL OLIVE ST. PALM LANE
COURSE TITLE MATH LEADS STUDENT CENTERED MATH
StartDate 5/23/2016 5/31/2016
EndDate 5/23/2016 5/31/2016
Stipend $52.50 $0.00
Budget# Class. 0143030310 0143341010 S
2ND GRADE
E
REVERE
3/31/2016
3/31/2016
$250.00
0143341010
1ST GRADE
E
JEFFERSON
3/31/2016
3/31/2016
$250.00
0143341010
K K TOSA
E E E
WESTMONT KINDER HANDWRITING W/O TEARS 5/26/2016 OLIVE ST. KINDER HANDWRITING W/O TEARS 5/26/2016 STUDENT CENTERED MATH 5/25/2016 WESTMONT
5/26/2016 5/26/2016 5/25/2016
$0.00 $0.00 $0.00
0143381310 0143381310 0143341010
1ST GRADE
E
HENRY
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
3/31/2016
3/31/2016
$250.00
0143341010
TOSA TEACHER-1ST TEACHER-K TOSA TOSA
NA E A E E
PRICE ROSS PONDEROSA MARSHALL JEFFERSON
STUDENT CENTERED MATH MATH LEADS STUDENT CENTERED MATH STUDENT CENTERED MATH STUDENT CENTERED MATH
5/31/2016 5/23/2016 5/31/2016 5/25/2016 5/25/2016
5/31/2016 5/23/2016 5/31/2016 5/25/2016 5/25/2016
$0.00 $52.50 $250.00 $0.00 $0.00
0143341010 0143030310 0143341010 0143341010 0143341010
NA
NA
JEFFERSON
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
3/31/2016
3/31/2016
$250.00
0143341010
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
S S S S
S S
0400004355 BOX
DEBBIE
0400005007 BREAZEAL
MORGAN
TEACHER-5TH
C
MANN
MATH LEADS
5/23/2016
5/23/2016
$52.50
0143030310
0400001540 BUCKLEY
ADRIENNE
1ST GRADE
E
GUINN
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
3/31/2016
3/31/2016
$250.00
0143341010
0400002827 0400001556 0400001288 0400001288 0400002243 0400002108 0400003050 0400001793 0400001886 0400003952 0400002725
MARIA KRISTIN BENITO BENITO TAMMY CRISTINA CORINNE LIZ DIANE JENNIFER CHRISTY
K K TEACHER-K 3rD GRADE TOSA TEACHER-K K TEACHER-4TH TEACHER-1ST TEACHER-K TEACHER-K
E E E E E E E E D C E
MARSHALL KINDER HANDWRITING W/O TEARS 5/26/2016 SUNKIST KINDER HANDWRITING W/O TEARS 5/26/2016 5/25/2016 ORANGE GROVE STUDENT CENTERED MATH ORANGE GROVE KINDER HANDWRITING W/O TEARS 5/26/2016 STUDENT CENTERED MATH 5/25/2016 STODDARD STUDENT CENTERED MATH 5/25/2016 MADISON SUNKIST KINDER HANDWRITING W/O TEARS 5/26/2016 MATH LEADS 5/23/2016 LINCOLN MATH LEADS 5/23/2016 PONDEROSA STUDENT CENTERED MATH 5/31/2016 PONDEROSA PALM LANE STUDENT CENTERED MATH 5/31/2016
5/26/2016 5/26/2016 5/25/2016 5/26/2016 5/25/2016 5/25/2016 5/26/2016 5/23/2016 5/23/2016 5/31/2016 5/31/2016
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $52.50 $52.50 $0.00 $0.00
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2ND GRADE
E
LINCOLN
3/31/2016
3/31/2016
$250.00
0143341010
3RD GRADE TEACHER-K TEACHER-K 5TH GRADE SDC TEACHER-1ST
E E E E E E
PRICE PRICE HENRY MANN ROSS PRICE
EXPLICIT LANGUAGE 5/24/2016 STUDENT CENTERED MATH 5/31/2016 STUDENT CENTERED MATH 5/31/2016 COMMON CORE REVISION 6/7/2016 KINDER HANDWRITING W/O TEARS 5/26/2016 MATH LEADS 5/23/2016 EXPLICIT LANGUAGE ROSS 5/24/2016 INSTRUCTIONS TRAINING STUDENT CENTERED MATH 5/31/2016 GAUER STUDENT CENTERED MATH 5/25/2016 GUINN STUDENT CENTERED MATH 5/25/2016 JEFFERSON
5/24/2016 5/31/2016 5/31/2016 6/7/2016 5/26/2016 5/23/2016
$0.00 $0.00 $0.00 $0.00 $0.00 $52.50
0143342510 0143341010 0143341010 0143381910 0143381310 0143030310
S S S S S
5/24/2016
$0.00
0143342510
S
5/31/2016 5/25/2016 5/25/2016
$0.00 $0.00 $0.00
0143341010 0143341010 0143341010
S S S
CARDENAS CASTLEMAN CASTREJON CASTREJON CAYUELA CEBALLOS CHALLENGER CHANEY CHAVEZ CHWAN CLEMENS
0400000610 COMPARAN 0400001224 0400004004 0400000914 0400006841 4400000625 0400001572
BERTHA
CORIA DEBORAH CORTES-DE GANTEMARIA COSTIN ROBIN CRITES COURTNEY CROSBY ANGELA DOUGHERTY BECKY
0400004664 DUNN
KRISTIN
3RD GRADE
E
0400002764 ELLIS 0400001160 EMERSON 0400000532 ESTES
ROSE LAURA CHERYL
TOSA TEACHER-K TOSA
NA E E
June 22, 2016 Board Meeting
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
1 of 5
S S S S S S S
S S
ANAHEIM ELEMENTARY SCHOOL DISTRICT
Office of Curriculum and Instruction
ID#
LAST NAME
FIRST NAME
POSITION
TRACK
SCHOOL
COURSE TITLE
StartDate
EndDate
Stipend
Budget#
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
3/31/2016
3/31/2016
$250.00
0143341010
5/18/2016 5/23/2016 5/31/2016 5/31/2016 5/23/2016
5/18/2016 5/23/2016 5/31/2016 5/31/2016 5/23/2016
$0.00 $52.50 $0.00 $0.00 $52.50
0143381910 0143030310 0143341010 0143341010 0143030310
S
5/24/2016
5/24/2016
$0.00
0143342510
S
5/23/2016 5/31/2016
5/23/2016 5/31/2016
$52.50 $0.00
0143030310 0143341010
S
400000532
ESTES
CHERYL
TOSA
E
JEFFERSON
0400001797 0400004225 0400003962 0400000367 0400000793
FELDER FRANKE FRASER FREGOSO FURCA
GAIL JENNY JESSICA CONNIE SONIA
2ND TEACHER-4TH TOSA TEACHER-K TEACHER-1ST
C E NA E E
MANN PRICE PONDEROSA REVERE ORANGE GR.
3RD GRADE
E
LINCOLN
TEACHER-2ND TEACHER-K
E E
LINCOLN JUAREZ
0400000026 GAMACHE
SUZANNE
0400001133 GARCIA 0400005217 GARCIA
CONSUELO ARELI
400003209
GARCIA
0400003007 GIEST
ZOE
1ST GRADE
NA
JEFFERSON
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
3/31/2016
3/31/2016
$250.00
0143341010
DEANNA
4TH GRADE
E
MADISON
COMMON CORE REVISION
5/26/2016
5/26/2016
$0.00
0143381910
REVERE
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
3/31/2016
3/31/2016
$250.00
0143341010
STUDENT CENTERED MATH 5/31/2016 REVERE SUNKIST KINDER HANDWRITING W/O TEARS 5/26/2016 STUDENT CENTERED MATH 5/25/2016 MADISON MATH LEADS 5/23/2016 MADISON STUDENT CENTERED MATH 5/31/2016 PONDEROSA
5/31/2016 5/26/2016 5/25/2016 5/23/2016 5/31/2016
$0.00 $0.00 $0.00 $52.50 $0.00
0143341010 0143381310 0143341010 0143030310 0143341010
0400002208 GOINS
GEORGE
0400002250 0400003378 0400002284 0400003065 0400004547
KIM MICHELLE TIFFANY WENDY NICOLE
GOVEA GRENON GRIEGO GUZMAN GUZMAN
400002705
GUZMAN
ROSA
0400000212 0400005124 0400004709 0400005630 0400005630
HALL HAMANO HASTINGS HAYASHI
NICOLLE SARAH LAUREN KEELEY
0400007214 0400000664 0400001355 0400000331 0400002573 0400000493 4400000758 0400003280 0400000239 0400004173 0400001747 0400004749 0400004749 0400003201 0400001283
HAYASHI HEMPE HERNANDEZ HERNANDEZ HERRON HIRSCHL HITCHCOOK HORTON IVERSON JACKSON JAIMERODRIGUEZ JOHNSON KILLIAN KILLIAN KIM
KEELEY JENNA KATIE KAREN RAYONA LAURIE JENNY AMY ELIZABETH MICHAL
KLINKENBERG
JULIE
0400001283 KLINKENBERG
June 22, 2016 Board Meeting
2ND GRADE CC REVISION MATH LEADS STUDENT CENTERED MATH STUDENT CENTERED MATH MATH LEADS EXPLICIT LANGUAGE INSTRUCTIONS TRAINING MATH LEADS STUDENT CENTERED MATH
TERESA SHANNON KIM KIM LAUREN
JULIE
2ND GRADE
E
TOSA K TEACHER-K TEACHER-5TH TEACHER-K
NA E E E B
1ST GRADE
NA
LINCOLN
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
TEACHER-K TEACHER-5TH TEACHER-6TH TOSA
E E E NA
JEFFERSON HENRY ORANGE GR. PONDEROSA
STUDENT CENTERED MATH MATH LEADS MATH LEADS STUDENT CENTERED MATH
TOSA 4TH GRADE TOSA 2ND TEACHER-2/3 TOSA TEACHER-4TH K 1ST TEACHER-3RD
E E E E E E E E E
KINDER
E
TEACHER-6TH TEACHER-K TEACHER-K K
E D D E
TOSA
E
TOSA
E
3/31/2016
3/31/2016
$250.00
0143341010
5/25/2016 5/23/2016 5/23/2016 5/31/2016
5/25/2016 5/23/2016 5/23/2016 5/31/2016
$0.00 $52.50 $52.50 $0.00
0143341010 0143030310 0143030310 0143341010
4/13/2016
4/13/2016
$35.00
5/26/2016 5/25/2016 5/18/2016 5/23/2016 5/25/2016 5/23/2016 5/26/2016 5/26/2016 5/23/2016
$0.00 $0.00 $0.00 $52.50 $0.00 $52.50 $0.00 $0.00 $52.50
0143381310 0143381910 0143341010 0143381910 0143030310 0143341010 0143030310 0143381310 0143381310 0143030310
3/31/2016
3/31/2016
$250.00
0143341010
MATH LEADS 5/23/2016 FRANKLIN MATH LEADS 5/23/2016 MANN STUDENT CENTERED MATH 5/25/2016 MANN MARSHALL KINDER HANDWRITING W/O TEARS 5/26/2016
5/23/2016 5/23/2016 5/25/2016 5/26/2016
$52.50 $52.50 $0.00 $0.00
0143030310 0143030310 0143341010 0143381310
4/13/2016
4/13/2016
$35.00
3/31/2016
3/31/2016
$250.00
PONDEROSA THINKING MAPS FOCUS GROUP PALM LANE COMMON CORE REVISION 5/26/2016 STUDENT CENTERED MATH 5/25/2016 HENRY 5/18/2016 WESTMONT 2ND GRADE CC REVISION MATH LEADS 5/23/2016 HENRY STUDENT CENTERED MATH 5/25/2016 SUNKIST MATH LEADS 5/23/2016 GUINN WESTMONT KINDER HANDWRITING W/O TEARS 5/26/2016 GAUER KINDER HANDWRITING W/O TEARS 5/26/2016 MATH LEADS 5/23/2016 BARTON LINCOLN
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
GUINN
THINKING MAPS FOCUS GROUP
GUINN
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
0143381310 0143341010
2 of 5
Class.
S S
S S S S S S
S
S S S S S S
S S
ANAHEIM ELEMENTARY SCHOOL DISTRICT
Office of Curriculum and Instruction
ID# 0400002722 0400002722 0400001692 0400001692
LAST NAME KOESTER KOESTER KOHNE KOHNE
FIRST NAME HEATHER HEATHER JOHN JOHN
POSITION TEACHER-K TEACHER-K TEACHER-K 6TH
TRACK E E E E
0400001602 KOLEFF
YVONKA
2ND GRADE
E
WESTMONT
0400003848 KUDRON 0400000163 KULICK 0400001408 LAVOIE
NANCY MICHELLENE CATHERINE
K TEACHER-6TH TEACHER-5TH
E E D
SUNKIST SUNKIST EDISON
0400003393 LEDDEN
ANN MARIE
3RD GRADE
E
MANN
0400004052 LEE 0400004052 LEE
MELINDA MELINDA
TEACHER-K K
E E
GUINN GUINN
0400007887 LEE
JANE
NA
E
JEFFERSON
0400000390 LOPAS
LORI
1ST GRADE
E
LOARA
0400006650 0400001211 0400001324 0400001324 0400001935 0400001910 0400004581 0400007221
LOPEZ MACHADO MADRID MADRID MAGARO MARSH MARTIN MAZE
ALYSSA SHASIE DIANA DIANA SARAH WENDY ALLISON DANYA
TEACHER-K TEACHER-K TEACHER-K K TEACHER-K TEACHER-K K TEACHER-6TH
D E E E E E E E
0400000972 MCELWEE
PHYLLIS
1ST GRADE
E
GUINN
0400001507 MCKENZIE
HAYDEE
1ST GRADE
E
HENRY
0400003094 MEAGHER 0400003094 MEAGHER 0400006530 MELSCHAU 0400004830 MILLER
LYNN
TOSA
NA
JUAREZ
LYNN MICHELLE AUDREY
TOSA K TEACHER-K
E E
0400003596 MIRANDA
MONJA
1ST GRADE
NA
0400003299 MOSS 0400007248 NAKAHARA
JENNIFER
NA
EndDate 5/25/2016 5/25/2016 5/25/2016 5/26/2016
Stipend $0.00 $0.00 $0.00 $0.00
Budget# Class. 0143341010 S 0143341010 S 0143341010 S S 0143381310
3/31/2016
3/31/2016
$250.00
0143341010
KINDER HANDWRITING W/O TEARS 5/26/2016 MATH LEADS 5/23/2016 MATH LEADS 5/23/2016 EXPLICIT LANGUAGE 5/24/2016 INSTRUCTIONS TRAINING STUDENT CENTERED MATH 5/25/2016 KINDER HANDWRITING W/O TEARS 5/26/2016
5/26/2016 5/23/2016 5/23/2016
$0.00 $52.50 $52.50
0143381310 0143030310 0143030310
S
5/24/2016
$0.00
0143342510
S
5/25/2016 5/26/2016
$0.00 $0.00
0143341010 0143381310
S S
3/31/2016
3/31/2016
$250.00
0143341010
3/31/2016
3/31/2016
$250.00
0143341010
STUDENT CENTERED MATH 5/31/2016 PONDEROSA STUDENT CENTERED MATH 5/25/2016 PRICE STUDENT CENTERED MATH 5/25/2016 GUINN GUINN KINDER HANDWRITING W/O TEARS 5/26/2016 MATH LEADS 5/23/2016 MARSHALL STUDENT CENTERED MATH 5/25/2016 MADISON ROOSEVELT KINDER HANDWRITING W/O TEARS 5/26/2016 MATH LEADS 5/23/2016 LOARA
5/31/2016 5/25/2016 5/25/2016 5/26/2016 5/23/2016 5/25/2016 5/26/2016 5/23/2016
$0.00 $0.00 $0.00 $0.00 $52.50 $0.00 $0.00 $52.50
0143341010 0143341010 0143341010 0143381310 0143030310 0143341010 0143381310 0143030310
3/31/2016
3/31/2016
$250.00
0143341010
3/31/2016
3/31/2016
$250.00
0143341010
5/31/2016
5/31/2016
$0.00
0143341010
S
4/13/2016
4/13/2016
$35.00
5/26/2016 5/31/2016
$0.00 $0.00
0143381310 0143381310 0143341010
S S
3/31/2016
3/31/2016
$250.00
0143341010
REVERE
5/31/2016
5/31/2016
$0.00
0143341010
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
3/31/2016
3/31/2016
$250.00
0143341010
5/31/2016 5/18/2016
5/31/2016 5/18/2016
$0.00 $0.00
0143341010 0143381910
S S
5/24/2016
5/24/2016
$0.00
0143342510
S
5/24/2016
5/24/2016
$0.00
0143342510
S
5/24/2016
5/24/2016
$0.00
0143342510
S
3/31/2016
3/31/2016
$250.00
0143341010
MADISON
E E
HENRY MARSHALL
0400005575 NUNEZ
GABRIELA
3RD GRADE
E
PRICE
040003219
TRACEY
3RD GRADE
E
PRICE
KELLI
3RD GRADE
E
MANN
June 22, 2016 Board Meeting
2ND GRADE
NA
STUDENT CENTERED MATH
S S
STUDENT CENTERED MATH
NA
KRISTY
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
S S S S
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
1ST GRADE
0400003230 OLIVER
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
MADISON
TEACHER-K 2ND
0400000208 OLEARY
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
JUAREZ THINKING MAPS FOCUS GROUP MARSHALL KINDER HANDWRITING W/O TEARS 5/26/2016 STUDENT CENTERED MATH 5/31/2016 PALM LANE
040003195 NGUYEN TAM 0400000476 NICHOLL-JOHNSONCAROLYN
O'CONNOR
STEPHANIE
TOSA
SCHOOL COURSE TITLE StartDate STUDENT CENTERED MATH 5/25/2016 JEFFERSON STUDENT CENTERED MATH 5/25/2016 JEFFERSON STUDENT CENTERED MATH 5/25/2016 MARSHALL MARSHALL KINDER HANDWRITING W/O TEARS 5/26/2016
JUAREZ
STUDENT CENTERED MATH 2ND GRADE CC REVISION EXPLICIT LANGUAGE INSTRUCTIONS TRAINING EXPLICIT LANGUAGE INSTRUCTIONS TRAINING EXPLICIT LANGUAGE INSTRUCTIONS TRAINING ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
3 of 5
S
ANAHEIM ELEMENTARY SCHOOL DISTRICT
Office of Curriculum and Instruction
ID#
LAST NAME
0400003423 ORTIZ
FIRST NAME APRIL
POSITION
TRACK
SCHOOL
COURSE TITLE
StartDate
EndDate
Stipend
Budget#
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
3/31/2016
3/31/2016
$250.00
0143341010
4/13/2016
4/13/2016
$35.00
STUDENT CENTERED MATH STUDENT CENTERED MATH
5/31/2016 5/25/2016
5/31/2016 5/25/2016
$0.00 $0.00
0143381310 0143341010 0143341010
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
NA
NA
JEFFERSON
TOSA TOSA TOSA
E NA E
ROSS EDISON MADISON
NA
E
HENRY
3/31/2016
3/31/2016
$250.00
0143341010
TEACHER-K TEACHER-4TH 4TH GRADE TEACHER-6TH TEACHER-K TEACHER-K RSP TEACHER-K K TEACHER-4TH TEACHER-K
E E E A E E E E E E E
STUDENT CENTERED MATH 5/25/2016 MADISON MATH LEADS 5/23/2016 JEFFERSON JEFFERSON COMMON CORE REVISION 5/26/2016 MATH LEADS 5/23/2016 PONDEROSA STUDENT CENTERED MATH 5/31/2016 REVERE STUDENT CENTERED MATH 5/31/2016 LOARA LOARA KINDER HANDWRITING W/O TEARS 5/26/2016 STUDENT CENTERED MATH 5/31/2016 REVERE ROOSEVELT KINDER HANDWRITING W/O TEARS 5/26/2016 MATH LEADS 5/23/2016 WESTMONT STUDENT CENTERED MATH 5/25/2016 JEFFERSON
5/25/2016 5/23/2016 5/26/2016 5/23/2016 5/31/2016 5/31/2016 5/26/2016 5/31/2016 5/26/2016 5/23/2016 5/25/2016
$0.00 $52.50 $0.00 $52.50 $0.00 $0.00 $0.00 $0.00 $0.00 $52.50 $0.00
0143341010 0143030310 0143381910 0143030310 0143341010 0143341010 0143381310 0143341010 0143381310 0143030310 0143341010
KINDER
E
JEFFERSON
3/31/2016
3/31/2016
$250.00
0143341010
SUNKIST KINDER HANDWRITING W/O TEARS 5/26/2016 STUDENT CENTERED MATH 5/25/2016 STODDARD
5/26/2016 5/25/2016
$0.00 $0.00
0143381310 0143341010
0400000961 OWEN 0400004111 PEROTIN 0400003335 PERSEK
KRISTEN DAWN STACY
0400002668 PETERSON
KATHY
0400003197 0400002582 0400002582 0400005465 0400000636 0400005999 0400005999 ? 0400001415 0400004672 0400000759
DUONG CHARLES ALEX MARIA JENNIFER AMANDA AMANDA TANYA NICOLE PATRICIA JULIA
PHAM PHETHEAN PHETHEAN PICHARDO PIERSANTI POPEL POPEL RAMIREZ RIOS RIVERA ROJO
0400000759 ROJO
JULIA
0400001071 ROSALES 0400001101 SAGERT
ROSEMARY MARY
K TEACHER-K
E E
0400002892 SAKOVICH
MARSHA
2ND GRADE
NA
GUINN
TEACHER-K TEACHER-K TOSA
E E E NA
PRICE REVERE JUAREZ PALM LANE
NA
E
0400004782 0400001895 0400001443 0400003568
SANCHEZVARGAS SANGREN SERRANO SHILL
SOCORRO BRANDY ANA AMI
TEACHER-K
0400003568 SHILL
AMI
0400000567 0400001296 0400002118 0400000865 0400002641 0400001857 0400001839 0400003620 0400003480
JULIE BELINDA DEDE MIGUEL RANDY JENNY DEANNA JULIE VALERIE
TEACHER-1ST TEACHER-5TH TOSA K TEACHER-K TEACHER-K TEACHER-1ST TEACHER-K TOSA
E E NA E C E E E E
0400007948 VALLEJOS
PAULINE
NA
E
0400002475 0400002475 0400003514 0400003255
MARIANA MARIANA LAURA SHERI
TEACHER-K K TOSA TEACHER-2ND
E E NA E
SMITH SOLORZANO STEWART TAPIA THOMAS TODOROV TORCHIA TORRES VALENCIA
VASILJ VASILJ WATSON WERSKY
June 22, 2016 Board Meeting
THINKING MAPS FOCUS GROUP
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
Class.
S S S S S S S S S S S S
ENGLISH LANGUAGE DEVELOPMENT CONNECTIONS
3/31/2016
3/31/2016
$250.00
0143341010
STUDENT CENTERED MATH
5/31/2016
5/31/2016
$0.00
0143341010
S
STUDENT CENTERED MATH 5/31/2016 STUDENT CENTERED MATH 5/31/2016 STUDENT CENTERED MATH 5/31/2016 EXPLICIT LANGUAGE PALM LANE 5/24/2016 INSTRUCTIONS TRAINING MATH LEADS 5/23/2016 ROOSEVELT MATH LEADS 5/23/2016 ROSS STUDENT CENTERED MATH 5/25/2016 MANN ROOSEVELT KINDER HANDWRITING W/O TEARS 5/26/2016 STUDENT CENTERED MATH 5/31/2016 PONDEROSA STUDENT CENTERED MATH 5/25/2016 STODDARD MATH LEADS 5/23/2016 SUNKIST STUDENT CENTERED MATH 5/31/2016 REVERE STUDENT CENTERED MATH 5/31/2016 ROOSEVELT EXPLICIT LANGUAGE JUAREZ 5/24/2016 INSTRUCTIONS TRAINING STUDENT CENTERED MATH 5/25/2016 GUINN GUINN KINDER HANDWRITING W/O TEARS 5/26/2016 STUDENT CENTERED MATH 5/31/2016 EDISON MATH LEADS 5/23/2016 WESTMONT
5/31/2016 5/31/2016 5/31/2016
$0.00 $0.00 $0.00
0143341010 0143341010 0143341010
S S S
5/24/2016
$0.00
0143342510
S
5/23/2016 5/23/2016 5/25/2016 5/26/2016 5/31/2016 5/25/2016 5/23/2016 5/31/2016 5/31/2016
$52.50 $52.50 $0.00 $0.00 $0.00 $0.00 $52.50 $0.00 $0.00
0143030310 0143030310 0143341010 0143381310 0143341010 0143341010 0143030310 0143341010 0143341010
5/24/2016
$0.00
0143342510
S
5/25/2016 5/26/2016 5/31/2016 5/23/2016
$0.00 $0.00 $0.00 $52.50
0143341010 0143381310 0143341010 0143030310
S S S
4 of 5
S S S S S S
ANAHEIM ELEMENTARY SCHOOL DISTRICT
Office of Curriculum and Instruction
ID#
LAST NAME
FIRST NAME
0400006989 WURM
NICOLE
0400001957 YOUNG 0400003612 ZAVALA
CAROL DANIELLE
POSITION TEACHER5/6TH TEACHER-6TH TEACHER-K
0400002808 ZEEMAN
MELANIE
3RD GRADE
X= Classified Employee F= Float Day V= Voluntary D= On Duty M=Management
June 22, 2016 Board Meeting
TRACK
SCHOOL
COURSE TITLE
StartDate
EndDate
Stipend
Budget#
E E D E
PRICE
GAUER
MATH LEADS
5/23/2016
5/23/2016
$52.50
0143030310
ROOSEVELT MANN
MATH LEADS STUDENT CENTERED MATH EXPLICIT LANGUAGE INSTRUCTIONS TRAINING
5/23/2016 5/25/2016
5/23/2016 5/25/2016
$52.50 $0.00
0143030310 0143341010
S
5/24/2016
5/24/2016
$0.00
0143342510
S
TOTAL
$7,965
0143381310 0143341010 0143030310
$140 $6,250 $1,575
S= Substitute/Sub Provided I=Instructor Adj=Adjustment
TITLE I TITLE II LCAP
5 of 5
Class.
Western Youth Services Contract 2016-2017 School Year
School
Provider Position
Goal
Action
Amount
Pseudo
Funding Source
Barton
.5 FTE BHA
$37,500
0105030231-5823
Targeted Support
Edison
.5 FTE BHA
$37,500
0106030231-5823
Targeted Support
Franklin
2 Day Intern
$19,029
0107030131-5823
Targeted Site Support
.5 FTE BHA
$37,500
0107030231-5823
Targeted Support
Gauer
.5 FTE BHA
$37,500
010803231-5823
Targeted Support
Guinn
.5 FTE BHA
$37,500
0109030231-5823
Targeted Support
Henry
.5 FTE BHA
$37,500
0110030131-5823
Targeted Site Support
.5 FTE BHA
$37,500
0110030231-5823
Targeted Support
Jefferson
.5 FTE BHA
$37,500
0111030231-5823
Targeted Support
Juarez
.5 FTE BHA
$37,500
0112030231-5823
Targeted Support
Lincoln
.5 FTE BHA
$37,500
0114030131-5823
Targeted Site Support
.5 FTE BHA
$37,500
0114030231-5823
Targeted Support
Loara
.5 FTE BHA
$37,500
0115030231-5823
Targeted Support
Madison
.5 FTE BHA
$37,500
0116030231-5823
Targeted Support
Mann
.5 FTE BHA
$37,500
0117030131-5823
Targeted Site Support
.5 FTE BHA
$37,500
0117030231-5823
Targeted Support
Marshall
.5 FTE BHA
$37,500
0118030231-5823
Targeted Support
Olive Street
.5 FTE BHA
$37,500
0126030231-5823
Targeted Support
Orange Grove
.5 FTE BHA
$37,500
0129030231-5823
Targeted Support
Palm Lane
.5 FTE BHA
$37,500
0119030231-5823
Targeted Support
Ponderosa
.5 FTE BHA
$37,500
0131030231-5823
Targeted Support
$37,500
0131030131-5823
Targated Site Support
.5FTE BHA
3
5
1
6
8
3
9
11
3
4
Price
.5 FTE BHA
$37,500
0120030231-5823
Targeted Support
Revere
.5 FTE BHA
$37,500
0121030231-5823
Targeted Support
Roosevelt
.5 FTE BHA
$37,500
0122030231-5823
Targeted Support
Ross
.5 FTE BHA
$37,500
0123030131-5823
Targeted Site Support
.5 FTE BHA
$37,500
0123030231-5823
Targeted Support
.5 FTE BHA
$37,500
0124030231-5823
Targeted Support
$37,500
0124030131-5823
Targeted Site Support
$37,500
0125030231-5823
Targeted Support
$37,500
0125030131-5823
Targeted Site Support
$37,500
0127030231-5823
Targeted Support
$37,500
0127030131-5823
Targeted Site Support
District-Wide
$92,560
0144346039-5823
Restricted/Federal
District-Wide
$83,790
0144346039-5823
Restricted/Federal
Stoddard
.5 FTE BHA
Sunkist
Bilingual Clinician Total
1
1
8
4
.5 FTE BHA .5 FTE BHA
Bilingual Clinician & Counseling Intern
1
.5 FTE BHA .5 FTE BHA
Westmont
3
2
8
1 FTE BHA 2 Day Intern 1 FTE Clinician
$1,395,379
Anaheim Elementary School District Human Resources Department
CERTIFICATED PERSONNEL June 22, 2016 Board Agenda CERTIFICATED PERSONNEL Employment Special Day Class Teacher: Alexandra Khandjian Virginia Wylie
Edison Westmont
8/11/16 8/11/16
Substitute Teacher: Mary McInnes Daryl Andrea Bradley Jessica M Marquadt Anthony Gia Yen Nguyen
District Office District Office District Office District Office
5/31/16 5/31/16 5/31/16 6/1/16
Rehire Teacher: Stephanie Nakahara
Orange Grove
8/11/16
Leave of Absence Teacher: Julie Van Braam Morris (FMLA/CFRA) Wendy Hickling
Ross Ross
Resignation Teacher: Lisa Wagner Amy Asaoka-Nakakihara Shannon Johnson Sandra Aguilar
Revere Gauer Franklin Juarez
6/10/16-9/23/16 7/1/16 – 6/30/17
4/15/16 6/30/16 6/30/16 6/30/16
Instrumental-Vocal Music Teacher: Eric Maxson
Loara/Henry
6/17/16
Resource Specialist: Jonathan Buenrostro
Price
6/17/16
Special Day Class Teacher: Jenessa Eelkema
Barton
6/17/16
Substitute Teacher: Jasmine Barragan Loretta Ramirez David Boyd Catherine Rogers Sherry Valera Marcela El-Ayoubi Maria Czerner-Rowell Oanh Bui Michael Krikorian
District Office District Office District Office District Office District Office District Office District Office District Office District Office
5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16
Certificated Personnel Page 2
Aaron Carter Nancy Caruso Victoria Chiu Kelcey White Emily Taylor Prescott Dalton Tara Drapiza Maritza Duenas William Dutton Shantel Easley Sara Everett Monique Fuentes Wai Fung Adriana Garcia Virginia Gardner Kelsey Garchen Ayisha Gibson Ra Hae Lin Megan Hill Leslie Huff Ashley Joseph Shirley Kim Cammie Knight Michelle Labayen Jonathan Lawrence Breigh Dang Nancy Littrell Daphne Dixon Viviane Lovato Christina Loza Josue Matos Kathleen Peterson Nicole Mazza Saul Moctezuma Keara Murphy Pam Neyman Beatrice Noiman Maria Park Mona Eshak Kahaleea Outhier Jay Renkowitz Megan Rhoades Joshua Riturban Shannon Robinson Briana Roman Joe Salazar Aeden Schneider Catherine Sutherland Anthony Centeno Andrea Thompson Kim-Thoa Tran Alexander Van Dusen Lina Vidal-Calderon Jessica Wersky
District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office
5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16
Certificated Personnel Page 3
Gail Wickenberg Jordan Wilson Christine Clancey Colton Bardy Mary Bennett Mark Benton Peggy Bohrer Leslie Brogden Kenneth Buena Jeffery Kanarek Kevin Snow
NOTE:
District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office District Office
5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16 5/3/16
FMLA/CFRA = Family Medical Leave of Absence/California Family Rights Act
Anaheim Elementary School District Human Resources Department
CLASSIFIED PERSONNEL June 22, 2016 Board Agenda
CLASSIFIED PERSONNEL
Employment Specialized Health Care Assistant: Karen Aidee Amezcua Gabriela Fuentes
Westmont Westmont
6/13/16 6/13/16
Instructional Assistant-Special Education: Arnulfo Sanchez-Saaverda Eliana Zuniga Cerda Virginia D Ruiz Claudia Walgenbach
Lincoln Ross Roosevelt Franklin
5/12/16 5/12/16 6/09/16 5/31/16
Substitute School Office Assistant: Tracy E Torres Armando Perez Amy Lin Martha Schnabel Monique I Luna Karina S Mejia Kimberly A. Quintana Carlos Barrios Alma Sanchez Galindo
DO DO DO DO DO DO DO DO DO
5/17/16 5/17/16 5/17/16 5/17/16 5/17/16 5/17/16 5/17/16 6/9/16 6/9/16
Playground Supervisor/Child Care Provider: Mayra Guadalupe Hernandez Madison Bus Driver: Jose A Cervantes Guerrero Roslyn L Smith
Transportation Transportation
Low Voltage Technician: Jose Alfredo Almeida Jr.
M&O
6/9/16
5/23/16 5/31/16
6/1/16
Change in Assignment From Substitute Technology Assistant to Technology Assistant: Raymond Patrick Navarro Madison
6/14/16
From School Office Assistant to School Office Coordinator: Lisette L. Anderson Franklin
6/28/16
Out of Class From School Office Assistant to School Office Coordinator: Ana B. Garcia Lincoln
5/11/16 – 6/30/16
Classified Personnel Page 2
Leave of Absence Instructional Assistant – Special Education 3hr: Robyn Sunmee Kim Edison Raul Abraham Llamas Ross
8/11/16-12/16/16 6/4/16-12/5/16
Community Liaison: Lorena Ramos Martinez
Ross
8/15/16-8/14/17
Preschool Teacher: Adriana Nunez
Roosevelt
6/15/16-6/14/17
Resignation Substitute School Office Assistant: Delmi Cuevas Lopez
DO
Instructional Assistant-Special Education: Jessica Anne Nollora Lim Caitlyn Kulp Karla Garcia Valeria Laurean Jacqueline Tlilayatzi
Ross Westmont Ross Edison Roosevelt
5/20/16 5/24/16 6/17/16 6/17/16 6/17/16
Community Liaison: Rocio De Leon
Jefferson
5/31/16
Substitute Instructional Assistant- Special Education: Yesenia Hernandez DO
5/23/16
Programmer/Analyst : Dae Won Kim
5/20/16
Programs & Evaluations
Substitute Human Resources Technician/Assistant: Victoria L. Ellis DO Playground Supervisor/Child Care Provider: Angel Sebastian Gheorghe Garcia Palm Lane Retirement Instructional Assistant – Special Education: Esther M. Atilano Sunkist (32.42 years of AESD service) Connie Morales Hill (9.32 years of AESD service) Termination from Leave of Absence Community Liaison: Linda Lobatos
Revere
Program Evaluation
5/5/16
6/7/16
5/27/2016
Corrected date 6/18/16
6/18/16
6/3/16
Anaheim Elementary School District Human Resources Department Payment for Extra Duty/Training/Seminars/Jury Duty June 22, 2016 Board Agenda
Last Name Cariato
First Name Christine
School Barton
Position Teacher
Description Teachers working Saturday School on
Date(s) 5/21/16
Stipend $35.00
Hill
Jenna
Barton
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Northcott
Ingmar
Barton
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Olson
William
Barton
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Cerrillo-Blanton
Deborah
Edison
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Guastamacchio
Regina
Edison
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Leon-Garza
Cynthia
Edison
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Quijano De Segovia Valdenegro
Diana
Edison
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Krystal
Edison
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Aragon
Marile
Franklin
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Hanson
Danielle
Franklin
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Kelemen
Anne
Franklin
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Robbins
Jeanine
Franklin
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Brasher
Carol
Gauer
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Iverson
Elizabeth
Gauer
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Baker
Dorothy
Guinn
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Buckley
Adrienne
Guinn
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Page 1 of 7 LC:ed Board Agenda, 06-22-16
Pseudo
Program
PAN #
0160025010-1119
Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School
14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544
Last Name Fast
First Name Heather
School Guinn
Position Teacher
Description Teachers working Saturday School on
Date(s) 5/21/16
Stipend $35.00
Hitchcock
Jenny
Guinn
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Mancia
Diana
Guinn
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Sakovich
Marsha
Guinn
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Vuong
To My
Guinn
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Barry
Diane
Henry
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Chavez
Kevin
Henry
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Di Sario
Sandra
Henry
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Gerber
Dennis
Henry
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Nunes
Marco
Henry
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Pollard
Stephanie
Henry
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Burdo
Marybeth
Jefferson
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Carlin
Jennifer
Jefferson
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
FigueroaSwarez McChristie
Elias
Jefferson
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Dana
Jefferson
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Oh
Jennifer
Jefferson
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Ortiz
April
Jefferson
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Rojo
Julia
Jefferson
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Barrios
Angelica
Juarez
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Oliver
Kristy
Juarez
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Reid
Mona
Juarez
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Page 2 of 7 LC:ed Board Agenda, 06-22-16
Pseudo
Program
PAN #
0160025010-1119
Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School
14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544
Last Name Sierra
First Name Adriana
School Juarez
Position Teacher
Description Teachers working Saturday School on
Date(s) 5/21/16
Stipend $35.00
Amiri-Davani
Julie
Lincoln
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
JaimeRodriguez Penaloza
Teresa
Lincoln
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Bibiana
Lincoln
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Tello
Cesia
Lincoln
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Torres
Jacqueline
Lincoln
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Becerra
Laura
Loara
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Bishop
Rachael
Loara
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Maceranka
Michele
Loara
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Caballero
Maureen
Madison
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Gibson
Ceylon
Madison
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Parks
Elizabeth
Madison
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Khan
Saeed
Mann
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Ramirez
Jaime
Mann
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Underwood
Christine
Mann
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Victores
Kristin
Mann
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Giroux
Carolina
Marshall
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Ingram
Stephanie
Marshall
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Lopez
Inez
Marshall
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Magaro
Sarah
Marshall
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Marsh
Alina
Marshall
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Page 3 of 7 LC:ed Board Agenda, 06-22-16
Pseudo
Program
PAN #
0160025010-1119
Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School
14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544
Last Name Ransone-Miller
First Name Cheryl
School Marshall
Position Teacher
Description Teachers working Saturday School on
Date(s) 5/21/16
Stipend $35.00
Van Winkle
Catherine
Marshall
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Boyd
David
Olive St
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Bush
Kristin
Olive St
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Cacioppo
Sylvia
Olive St
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Ruger
Lori
Olive St
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Segar
Carol
Olive St
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Guerra
Jennifer
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Hastings
Lauren
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
McAuley-Khorn
Kelly
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Park
Sunmi
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Tinder
Elena
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Feldmeier
Nancy
Orange Grove Orange Grove Orange Grove Orange Grove Orange Grove Palm Lane
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
King
Gwendolyn
Palm Lane
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Boediarto
Christina
Ponderosa
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Chavez
Diane
Ponderosa
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Gonzalez
Fatima
Ponderosa
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Ho
Catherine
Ponderosa
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
McAdams
Andra
Ponderosa
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Navarro
Claudia
Ponderosa
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Page 4 of 7 LC:ed Board Agenda, 06-22-16
Pseudo
Program
PAN #
0160025010-1119
Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School
14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544
Last Name Pichardo
First Name Maria
School Ponderosa
Position Teacher
Description Teachers working Saturday School on
Date(s) 5/21/16
Stipend $35.00
Castro
Mayra
Price
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Dougherty
Becky
Price
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Gonzalez
Ana
Price
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Hernandez
Emily
Price
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Ternosky
Leslie
Price
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Fregoso
Connie
Revere
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Guevara
Maresa
Revere
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Hinds
Holly
Revere
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Medina
Kristine
Revere
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Stork
Kerri
Revere
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Swan-Altieri
Jennifer
Revere
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Valdez
Maria
Revere
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Cruz
Sherriann
Roosevelt
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Radovich
Michelle
Roosevelt
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Barajas-Haro
Esther
Ross
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Cordett
Sarah
Ross
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Dunn
Kristin
Ross
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Gonzalez
Sandra
Ross
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Guillory
Kimberly
Ross
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Martin
Jeanette
Ross
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Page 5 of 7 LC:ed Board Agenda, 06-22-16
Pseudo
Program
PAN #
0160025010-1119
Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School
14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544
Last Name Pefley
First Name Debra
School Ross
Position Teacher
Description Teachers working Saturday School on
Date(s) 5/21/16
Stipend $35.00
Pietsch
Brooke
Ross
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Ramos
Wendy
Ross
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Barrera
Nicole
Sunkist
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Gilpin
Valerie
Sunkist
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Grenon
Michelle
Sunkist
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Leighton
Dianna
Sunkist
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Torchia
Deanna
Sunkist
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Juarez Estigoy
Claudia
Stoddard
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Patton
Janie
Stoddard
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Sheppard
Kimberley
Stoddard
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Hodges
Alissa
Westmont
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Koleff
Yvonka
Westmont
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Puls
Kristin
Westmont
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Romero
Jacqueline
Westmont
Teacher
Teachers working Saturday School on
5/21/16
$35.00
0160025010-1119
Magdenovski
Melissa
Guinn
Teacher
4/18/16; 4/20/16
$35.00
Magdenovski
Melissa
Guinn
Teacher
Aguilar
Sandra
Juarez
Teacher
CPR Certified Staff Need to Attend TWLC with Diabetic Student CPR Certified Staff Need to Attend TWLC with Diabetic Student Dual Immersion Parent Meeting
4/19/16; 4/21/16; 4/22/16 5/24/16
Barrientos
Rebecca
Juarez
Teacher
Dual Immersion Parent Meeting
Garcia
Areli
Juarez
Teacher
Garcia
Patricia
Juarez
Jaime
Goretti
Juarez
Page 6 of 7 LC:ed Board Agenda, 06-22-16
Pseudo
Program
PAN #
0160025010-1119
14544
0109021010-1113
Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Saturday School Admin.
$35.00
0109021010-1113
Admin.
15467
$35.00
0112030110-1119
Targeted
15807
5/24/16
$35.00
0112030110-1119
Targeted
15807
Dual Immersion Parent Meeting
5/24/16
$35.00
0112030110-1119
Targeted
15807
Teacher
Dual Immersion Parent Meeting
5/24/16
$35.00
0112030110-1119
Targeted
15807
Teacher
Dual Immersion Parent Meeting
5/24/16
$35.00
0112030110-1119
Targeted
15807
14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 14544 15466
Last Name Magdaleno
First Name Cynthia
School Juarez
Position Teacher
Description Dual Immersion Parent Meeting
Date(s) 5/24/16
Stipend $35.00
Pseudo
Program
PAN #
0112030110-1119
Targeted
15807
Manzo
Geovannia
Juarez
Teacher
Dual Immersion Parent Meeting
5/24/16
$35.00
0112030110-1119
Targeted
15807
O’Sullivan
Maricela
Juarez
Teacher
Dual Immersion Parent Meeting
5/24/16
$35.00
0112030110-1119
Targeted
15807
Sanchez
Lisette
Juarez
Teacher
Dual Immersion Parent Meeting
5/24/16
$35.00
0112030110-1119
Targeted
15807
Serrano
Ana
Juarez
Teacher
Dual Immersion Parent Meeting
5/24/16
$35.00
0112030110-1119
Targeted
15807
McConnell
Danielle
Mann
Teacher
PLC – During Off Time
3/31/16
$100.00
0117381110-1118
Title I
15879
Sanchez
Anna
Mann
Teacher
A Day to Plan PLC
6/20/16
$100.00
0117381110-1118
Title I
15877
Guerra
Jennifer
Teacher
$630.00
0129030110-1118
Targeted
20884
Chanda
6/28/16-6/30/16
$630.00
0129030110-1118
Targeted
20884
Turrietta
Kelly
WFTB Training in San Bernardino, CA – Replaces PAN #20898 WFTB Training in San Bernardino, CA – Replaces PAN #20898 WFTB Training in San Bernardino, CA – Replaces PAN #20898
6/28/16-6/30/16
Jensen
Orange Grove Orange Grove Orange Grove
6/28/16-6/30/16
$630.00
0129030110-1118
Targeted
20884
Page 7 of 7 LC:ed Board Agenda, 06-22-16
Teacher Teacher
ANAHEIM ELEMENTARY PURCHASE ORDER DETAIL REPORT BOARD OF TRUSTEES MEETING 06/22/2016 PO NUMBER
VENDOR
PO TOTAL
J04C0048
LA GRINDING
J04R4294
CAL CARD
J04R4296
SANDOR'S GOURMET CATERING
J04R4297
ACCOUNT ACCOUNT AMOUNT NUMBER
FROM 06/02/2016 TO 06/15/2016
PSEUDO / OBJECT DESCRIPTION
47.00
47.00
0104010475 4311
GRAPHIC/PRINT SERVICES / MATERIALS/SUPPLIES
1,240.25
1,240.25
0160006272 4311
FISCAL PLANNING GEN ADMIN /
695.00
695.00
0112950010 4388
DONATIONS - JUAREZ - INSTRUCT / FOOD
CAL CARD
2,089.62
2,089.62
0160006272 4311
FISCAL PLANNING GEN ADMIN /
J04R4298
S.C. SIGNS & SUPPLIES LLC
1,404.00
1,404.00
0103010371 4311
PUBLIC INFORMATION OFFICE /
J04R4299
STORAGE CONTAINER.COM
200.00
200.00
0164230081 5859
ROUTINE RESTRICTED MAINT / OTHER SERVICES
J04R4300
HUFCOR INC
1,486.00
1,486.00
0164230081 5634
ROUTINE RESTRICTED MAINT / MAINTENANCE &
J04R4301
O.C.D.E.
4,800.00
4,800.00
0142341026 5202
TITLE II PROFESSIONAL DEVELOPM /
J04R4302
VULCAN MATERIALS COMPANY
814.97
814.97
0160000687 4311
STAFF PARKING-SCHOOL SITES /
J04R4303
ASSOC OF TWO-WAY & DUAL LANGUA
1,830.00
1,830.00
0142341026 5202
TITLE II PROFESSIONAL DEVELOPM /
J04R4304
IMPRINTABILITY
655.80
655.80
0103010371 4311
PUBLIC INFORMATION OFFICE /
J04R4305
CAL CARD
279.00
279.00
0140004071 5202
ASSIST SUPT OF EDUCATION / CONFERENCE
J04R4306
CAL CARD
253.96
253.96
0101010271 5202
SUPERINTENDENT / CONFERENCE EXPENSE
J04R4307
O.C.D.E.
495.00
495.00
0131021010 5841
REGULAR ED-PONDEROSA / ADMISSION/FIELD
J04R4308
CENTRAL DRUG SYSTEM INC.
63.00
63.00
0150005074 5830
PERSONNEL ADMINISTRATION / TESTING
J04R4309
BAUDVILLE/IDVILLE
309.21
309.21
0101010271 4311
SUPERINTENDENT / MATERIALS/SUPPLIES
J04R4310
DEPARTMENT OF GENERAL SERVICES
1,269.52
1,269.52
0165006575 5859
FACILITIES ADMINISTRATION / OTHER SERVICES
J04R4311
ROMMEL CONSTRUCTION INC
546,500.00
3,174.00 3,174.00 3,174.00 2,254.00 1,978.00 2,645.00 2,645.00 2,645.00 71,415.00
0106030110 5859 0109030110 5859 0120030110 5859 0123030110 5859 0123381110 5859 0126030110 5859 0129030110 5859 0145005277 5859 0145030210 5859
TARGETED - EDISON - INSTRUCTIO / OTHER TARGETED - GUINN- INSTRUCTIONA / OTHER TARGETED - PRICE INSTRUCTION / OTHER TARGETED - ROSS INSTRUCTION / OTHER TITLE I-ROSS-INSTRUCTION / OTHER SERVICES TARGETED - OLIVE ST INSTRUCTN / OTHER TARGETED - O GROVE INSTRUCTION / OTHER TECHNOLOGY / DATA SUPPORT / OTHER SERVICES TARGETED SUPPORT INST-TIS / OTHER SERVICES
User ID: JKSAIT Report ID: PO010
Page No.:
1
Current Date: Current Time:
06/16/2016 09:05:49
ANAHEIM ELEMENTARY PURCHASE ORDER DETAIL REPORT BOARD OF TRUSTEES MEETING 06/22/2016 PO NUMBER
VENDOR
J04R4311
*** CONTINUED ***
ACCOUNT ACCOUNT AMOUNT NUMBER
PSEUDO / OBJECT DESCRIPTION
453,396.00
0162000010 5859
DISTRICT OFFICE UNALLOCATED-E / OTHER
1,180.00
1,180.00
1465235585 5634
ASBESTOS VARIOUS SITES / MAINTENANCE &
51,435.54
51,435.54
0164230581 5859
RRM ELECTRICAL / OTHER SERVICES
9,800.00
9,800.00
0160000687 5626
STAFF PARKING-SCHOOL SITES / LEASES -
459.00
459.00
01 9320
GENERAL FUND-DISTRICT / STORES
PO TOTAL
J04R4312
ENVIRONMENTAL CONSULTING SOLUT
J04R4313
GLOBAL LIGHTING ORGANIZATION
J04R4314
CASIMIRO HERNANDEZ
J04S0166
ARAMARK UNIFORM SERVICES
FROM 06/02/2016 TO 06/15/2016
Fund 01 Total: Fund 14 Total:
626,126.87 1,180.00
Total Amount of Purchase Orders:
627,306.87
ANAHEIM ELEMENTARY PURCHASE ORDER DETAIL REPORT - CHANGE ORDERS 06/22/2016
BOARD OF TRUSTEES
FROM 06/02/2016
TO 06/15/2016
CHANGE ACCOUNT AMOUNT NUMBER
PSEUDO / OBJECT DESCRIPTION
170,000.00
+60,000.00 0160006278 5816
FISCAL PLANNING ADMIN / LEGAL SERVICES
11,351.10
+5,929.20 0145004577 5860
PO NUMBER
VENDOR
PO TOTAL
J04R0033
ATKINSON ANDELSON LOYA RUUD &
J04R0454
O.C.D.E.
J04R3297
JONES SCHOOL SUPPLY INC
1,052.03
+46.55 0115030110 4311
J04R3860
O.C.D.E.
1,990.00
-2,786.00 0142341026 5202
J04X0018
AMERIPRIDE UNIFORM SERVICES
10,417.00
+517.00 0170221082 4313
J04X0050
ECONOMY RENTALS INC
16,500.00
+2,600.00 0164230081 5613
ROUTINE RESTRICTED MAINT /
J04X0058
GANAHL LUMBER COMPANY
62,194.00
+9,066.00 0164230081 4311
ROUTINE RESTRICTED MAINT /
J04X0062
GRAINGER
33,709.00
+1,709.00 0164230081 4311
ROUTINE RESTRICTED MAINT /
J04X0085
ORANGE COUNTY FARM SUPPLY
9,233.00
+3,733.00 0170006482 4311
GROUNDS M&O / MATERIALS/SUPPLIES
J04X0098
NAPA AUTO PARTS
2,016.00
+671.00 0170006482 4311
GROUNDS M&O / MATERIALS/SUPPLIES
J04X0118
TRIDIM FILTER CORPORATION
14,099.00
+2,099.00 0164231581 4311
J04X0139
ARAMARK UNIFORM SERVICES
11,500.00
+500.00 0160203036 5825
J04X0142
AUHSD
25,000.00
+10,000.00 0160203036 5831
J04X0156
FLEET SERVICES
7,169.00
+1,169.00 0160204036 4311
J04X0164
GRAINGER
1,125.00
+125.00 0160203036 4311
J04X0181
PARKHOUSE TIRE INC.
39,302.00
+1,802.00 0160204036 4311
TRANSPORTATION-SPECIAL ED /
J04X0209
WARREN DISTRIBUTING
3,533.00
+533.00 0160204036 4311
TRANSPORTATION-SPECIAL ED /
J04X0231
FLYERS ENERGY
61,928.15
+13,000.00 0160204036 4323
Fund 01 Total: Total Amount of Change Orders:
User ID: JKSAIT Report ID: PO011
TARGETED - LOARA - INSTRUCTION / TITLE II PROFESSIONAL DEVELOPM / CONFERENCE CUSTODIAL SERVICE / UNIFORMS
RRM HVAC REPAIRS / MATERIALS/SUPPLIES TRANSPORTATION-HOME TO SCHOOL / UNIFORMS TRANSPORTATION-HOME TO SCHOOL / INTER TRANSPORTATION-SPECIAL ED / TRANSPORTATION-HOME TO SCHOOL /
TRANSPORTATION-SPECIAL ED / FUEL
110,713.75 110,713.75
Page No.:
TECHNOLOGY ADMINISTRATION / LICENSING FEES
1
Current Date: Current Time:
06/16/2016 09:15:50
ANAHEIM ELEMENTARY PURCHASE ORDER DETAIL REPORT - CANCELED PURCHASE ORDERS BOARD OF TRUSTEES PO NUMBER
VENDOR
J04R3534
ANAHEIM LAWNMOWER SHOP
PO TOTAL
ACCOUNT AMOUNT 430.92
430.92 Fund 01 Total: Total Amount of Purchase Orders:
06/22/2016
430.92 430.92
FROM06/02/2016 TO 06/15/2016
ACCOUNT NUMBER
PSEUDO / OBJECT DESCRIPTION
0117023082 4311
CUSTODIAL-MANN / MATERIALS/SUPPLIES
Anaheim Elementary School District Administrative Services
EXHIBIT A Obsolete / Unusable Surplus Property Items Board Meeting – June 22, 2016
Description Chevrolet Work Truck Ford School Buses
Quantity 1 4
Location Transportation Yard Transportation Yard
SPECIAL EDUCATION MEMORANDUM OF UNDERSTANDING BETWEEN ANAHEIM ELEMENTARY SCHOOL DISTRICT AND GOALS ACADEMY This Special Education Memorandum of Understanding (“Agreement”) is entered into by and between the Anaheim Elementary School District (“District”), a school district organized and existing under the laws of the State of California, and GOALS Academy (“Charter School”), a public charter school organized and existing under the laws of the State of California. The Charter School is operated by Growth Opportunities Through Athletics, Learning & Services (“GOALS”), a nonprofit public benefit corporation organized and existing under the laws of California. The District and the Charter School are collectively referred to as the “Parties.” RECITALS WHEREAS, the District’s Governing Board approved the Charter School’s petition on April 14, 2014 for a term of five (5) years, commencing on July 1, 2015 and ending on June 30, 2020, subject to certain conditions of approval; WHEREAS, the Charter School is organized in accordance with Education Code section 47641(b) as a public school of the District for purposes of special education; WHEREAS, the purpose of this Agreement is to clarify the roles and responsibilities of the Parties with respect to students who are enrolled in and attend the Charter School and are, or may be, eligible for special education and related services under the Individuals with Disabilities Education Improvement Act of 2004 (“IDEA”), related state law, and their implementing regulations; WHEREAS, Upon the execution of this Agreement by the Parties and upon approval and ratification by the Governing Board of the District, this Agreement shall be considered a material revision of the charter and shall become a fully incorporated part of the charter. If any provision of this Agreement is inconsistent with the charter, the terms of this Agreement shall prevail. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained in this Agreement, the Parties agree as follows: AGREEMENT I.
TERM A.
Term. The term of this Agreement shall be for one (1) year, commencing on July 1, 2016 and ending on June 30, 2017. The Agreement may be renewed by mutual written agreement of the Parties, but in no event shall this Agreement extend beyond the term of the charter.
B.
Modification. Any modification of this Agreement shall be in writing and executed by the duly authorized representatives of the Parties specifically indicating the intent of the Parties to modify this Agreement. 1
00102-00021/1818673.1
C.
II.
III.
IV.
Termination. This Agreement is subject to termination during the term or any renewal as specified by law or as otherwise set forth in this Agreement. Upon termination, revocation, or dissolution of the Charter School, this Agreement shall be automatically terminated. Additionally, this Agreement will automatically terminate upon Charter School’s membership and operation as a local educational agency (“LEA”) within a special education local plan area (“SELPA”).
DESIGNATED REPRESENTATIVE A.
District. The District’s designated representative shall be the Superintendent or designee who shall have the authority to act on behalf of the District, except to the extent action by the Governing Board is legally required.
B.
Charter School. The Charter School’s designated representative shall be the Executive Director or designee who shall have the authority to act on behalf of the Charter School, except to the extent action by the Charter School’s Board of Directors is required.
NON-DISCRIMINATION, SECTION 504, AND THE AMERICANS WITH DISABILITIES ACT A.
All students will have access to the Charter School and no student shall be denied admission due to his or her disability or a suspicion of a disability. (20 U.S.C. § 1412(a)(2); 34 C.F.R. § 300.209; Educ. Code § 47605(d).) Charter School shall not “counsel out” any student with a disability or any student suspected of having a disability as part of the enrollment process or any time thereafter.
B.
The Parties agree that this Agreement is intended to address the responsibilities of the Parties with respect to the provision and financing of special education and related services under the IDEA, related state law, and their implementing regulations, and does not cover services or accommodations required under Section 504 of the Rehabilitation Act of 1973 (“Section 504”) or under the Americans with Disabilities Act (“ADA”). The Charter School shall be solely responsible, at its own expense, for compliance with Section 504 and the ADA.
SELPA MEMBERSHIP A.
The Charter School reserves the right to apply for membership as an LEA to a SELPA approved by the State Board of Education and to be deemed its own LEA for the purpose of compliance with special education law. The Charter School shall provide the District with thirty (30) days written notice prior to applying. Until the Charter School is deemed its own LEA for special education purposes, the Charter School shall comply with the terms of this Agreement to address the educational needs of students with disabilities enrolled in the Charter School.
/// /// 2 00102-00021/1818673.1
V.
PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES A.
General Provisions. 1.
Provision of Services and Coordination of Responsibilities. The Charter School shall be responsible for the provision of special education and related services including, but not limited to, identification and referral, assessment, convening of IEP team meetings, IEP development and modification, and implementation of education services to students with disabilities who are enrolled in the Charter School. The District shall be responsible for overseeing the special education program at the Charter School. Should the Charter School not possess the capacity to provide particular staffing, services, and/or resources (e.g., related services) to carry out its responsibilities under this Agreement, such staffing, services, and/or resources may be made available by the District pursuant to a separate agreement mutually agreed upon by the Parties. Charter School must notify District no later than July 1, 2016 regarding whether it has the capacity to provide the staffing, services, and/or resources (e.g., related services) to carry out its responsibilities under this Agreement. Further, should Charter School anticipate an interruption in the provision of special education services to students enrolled in Charter School, it must notify District as soon as Charter School determines that such interruption is likely to occur and no later than 30 calendar days prior to any anticipated interruption so that Parties can ensure compliance with the IDEA, related State law, and their implementing regulations.
2.
Staffing Requirements. All special education and related services must be provided by qualified personnel meeting state certification, licensing, registration, or other applicable requirements. (34 C.F.R. § 300.156.) (a)
Prior to the start of the school year, and upon request of the District at any time, the Charter School shall provide the District with a list of all persons who will be responsible for providing special education services to students attending the Charter School, the specific services that such persons will be performing, the qualifications of such persons, and compensation for such services. The District shall have the right to assume control over the selection of personnel and/or program implementation decisions if the District determines, in its sole discretion, that such action is necessary to ensure the provision of a free appropriate public education (“FAPE”) to students with disabilities and/or the prudent expenditure of public funds.
(b)
If necessary due to the limited availability of certain types of special education staff, the Charter School may seek out contracts with outside persons or agencies for the provision of special education and/or related services to serve students of the Charter 3
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school; provided, however, the Charter School shall not contract with any such outside person or agency without the prior written approval of the District, which shall not be unreasonably withheld by the District.
B.
3.
Student Records. The Charter School is responsible for obtaining the cumulative files, prior and/or current IEPs, and other special education information on any student enrolling from a non-District school. The Charter School shall forward copies of all such information to the District. The District will provide the Charter School with the relevant files of all students transferring to the Charter School from a District school who have an existing IEP.
4.
Notice of Parent Rights and Procedural Safeguards. The Charter School shall provide the parent/guardian of a student eligible for or may be eligible for special education and related services with a notice of parent rights and procedural safeguards in accordance with federal and state laws and District policy when applicable. Additionally, a copy shall be given to parents/guardians upon the initial referral of the Charter School student for an evaluation, parental request for an evaluation, receipt of a due process hearing complaint, receipt of a state complaint, request by the parent/guardian, and in accordance with the discipline procedures of 34 C.F.R. section 300.530(h).
Enrollment, Identification, Referral, and Assessment. 1.
Enrollment Information. The Charter School shall include on its enrollment form(s) a question regarding whether the student seeking to enroll in the Charter School is, or may be, a student eligible for special education and related services. The Charter School shall provide the District with a list of special education students enrolled in the Charter School at the beginning of each school year and shall update the list on at least a quarterly basis.
2.
Identification and Referral. The Charter School shall have the same responsibility as any other public school in the District to work cooperatively with the District in identifying and referring students who have or may have exceptional needs that qualify them to receive special education and related services. The Charter School will develop, maintain, and implement policies and procedures to ensure identification and referral of students who have, or may have, exceptional needs. These policies and procedures will be in accordance with applicable state and federal laws and District policy.
3.
Assessment. Charter School staff shall conduct all necessary special education assessments of Charter School students including, but not limited to, initial assessments, annual assessments, and triennial 4
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assessments, unless Parties agree otherwise in writing as indicated in Section V.A.1., above. All such assessments will be conducted by qualified personnel and comply with state and federal law and regulations. (20 U.S.C. § 1414(a)-(c); 34 C.F.R. § 300.304; Educ. Code § 56320; 5 C.C.R. § 3023.) The Charter School shall not conduct any assessment without first obtaining the written consent of the parent/guardian. (20 U.S.C. § 1414(a)(1)(D), (c)(3); 34 C.F.R. § 300.9; Educ. Code, § 56321.) If a parent/guardian refuses to consent to an assessment that the Charter School believes is required to provide a Charter School student with a FAPE, the Charter School shall immediately notify the District. The Charter School shall not agree to fund, reimburse, or refer a student for an independent educational evaluation (“IEE”) without the prior written approval of the District. Should the Charter School agree to fund an IEE without the District’s prior written approval, Charter School shall be solely responsible for any and all such costs. C.
Individualized Education Programs (IEPs). 1.
IEP Team Membership. IEP team membership shall be in compliance with state and federal law and shall include a designated representative of the Charter School and, at the option of the District, include a designated representative of the District. The District’s Director of Special Education or designee shall notify the Charter School of participation in any IEP meeting.
2.
IEP Meetings. Responsibility for arranging necessary IEP meetings shall be in accordance with applicable law. The Charter School shall adopt best practices, policies and procedures that align with applicable state and Federal special education laws to ensure that IEPs are developed, maintained, and reviewed for all students with exceptional needs enrolled in the Charter School.
3.
IEP Contents. The Charter School shall use District/SELPA forms to complete the IEPs. Each IEP must contain all components required by federal and state law including, but not limited to, the following: a statement of the child’s present levels of educational performance; measurable annual goals; the special education and related services and supplementary aids and services to be provided to the child; an explanation of the extent, if any, to which a child will not participate with non-disabled children; the dates, frequency, location, and duration of services for the child; a statement of how the child’s progress toward his or her annual goals will be measured; a statement of accommodations that are necessary to measure academic achievement and performance on state 5
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and local testing; and transition goals and services for students 16 or older. (20 U.S.C. § 1414(d)(1)(A); 34 C.F.R. § 300.320; Educ. Code § 56345.)
D.
4.
Interim Placement. For students with a current IEP who enroll in the Charter School from a school outside the District, the Charter School shall immediately provide the student with an interim placement not to exceed thirty (30) days. The interim placement must be in conformity with the IEP, unless the parent/guardian agrees otherwise in writing. The IEP implemented during the interim placement may be either the student’s existing IEP or a new IEP developed in conformity with applicable state and federal law. Before the expiration of the 30-day period, the interim placement shall be reviewed by the IEP team and final recommendations shall be made. (Educ. Code § 56325.) The Charter School shall notify the District immediately of students who may fall into this category.
5.
Parental Consent to IEP. The Charter School may not implement an IEP to which a parent/guardian does not provide written consent. If a parent/guardian consents to only part of an IEP, the Charter School must implement the portion of the IEP to which the parent/guardian consented. (Educ. Code § 56346(e).) The Charter School shall notify the District any time a parent/guardian refuses to consent to any portion of an IEP.
Program and Services. 1.
Monitoring and Supervision. The District will serve as the LEA for the Charter School for the purposes of special education under the framework and parameters of this Agreement and, as such, shall have all monitoring and supervising authority of a chartering agency as provided in state and federal law, including, but not limited to, monitoring compliance with state and federal laws; having access to Charter School pupil records; observing the provision of special education and related services to students with exceptional needs; and ensuring that all students with exceptional needs receive special education and related services in conformity with their respective individualized education programs (“IEPs”) as described in the IDEA, related California law, and their implementing regulations.
2.
Eligibility and Placement. Decisions regarding eligibility, annual goals/objectives, program, placement, services, and exit from special education shall be the decision of the IEP team made during a legallyconstituted IEP team meeting. Services and placements shall be provided to all eligible Charter School students in accordance with the policies, procedures, and requirements of the District, the SELPA, and applicable law. Whenever the Charter School takes, proposes, or refuses to initiate or change the identification, evaluation, or educational placement of a Charter School student, the Charter School must provide the 6
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parent/guardian with prior written notice of such action in accordance with the requirements of 34 C.F.R. section 300.503.
E.
3.
Independent Study. No Charter School student eligible for special education and related services may participate in independent study, unless his or her IEP provides for such participation. The determination regarding the appropriateness of independent study for a particular student shall be made by the IEP team acting in a legally-constituted IEP team meeting. (Educ. Code § 51745(c).)
4.
Referral to Non-Public or Private Schools. The Charter School shall not make referrals for placement at non-public schools, private schools, or residential placements without consultation with and prior written approval of the District. If a parent unilaterally places a student in a nonpublic school, private school, or residential placement, the Charter School shall immediately notify the District upon learning such information.
5.
Transition Services. The Charter School shall ensure the provision of appropriate transition services to Charter School students in accordance with federal and state law and regulations. (20 U.S.C. § 1414(d)(1)(A)(viii); 34 C.F.R. §§ 300.43 and 300.320; Educ. Code § 56345.1.)
6.
Transportation. The Charter School shall be responsible for providing transportation, at its own expense, to any student of the Charter School if required by the student’s IEP. Such services must be provided by qualified personnel who meet state certification, licensing, registration, or other applicable requirements.
Discipline of Special Education Students. 1.
VI.
Suspension and Expulsion. The Charter School shall have discipline policies that comply with all applicable portions of the California Education Code and 34 C.F.R. §§ 300.530 et seq. The Charter School shall provide a copy of such policies to the District. These include, but are not limited to, policies regarding suspension, expulsion, conducting functional behavioral assessments, drafting and reviewing behavioral intervention plans, and conducting manifestation determination reviews.
COMPLAINTS AND DISPUTE RESOLUTION A.
Parent/Guardian Concerns. The Charter School shall instruct parents/guardians to raise concerns regarding the provision of special education and related services to Charter School staff. Whenever a parent/guardian raises a concern regarding special education and/or related services, the Charter School shall immediately inform the District and provide a written summary of the parent/guardian concerns to the District. The Charter School representative, in consultation with 7
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the District’s designated representative, shall respond to and address the parent/guardian concerns. B.
Complaints. The Charter School shall immediately notify the District of any complaints that are lodged with the Charter School or with any local, state, or federal governmental agency or body involving special education, and shall send a copy of the complaint to the District’s Director of Special Education. In consultation with the Charter School, the District shall investigate, address, and respond to all complaints. The Charter School shall cooperate fully with reasonable requests from the District for information and documentation related to such complaints. With regard to any compliance complaints filed with the California Department of Education (“CDE”) on behalf of any student or former student of the Charter School regarding special education, should the District or the Charter School require the assistance of legal counsel in responding to the complaint, District and the Charter School shall be represented by District legal counsel at the Charter School’s expense. Charter School shall be responsible for complying with and implementing any corrective actions ordered by CDE.
C.
Due Process Hearings. In consultation with the Charter School, the District may initiate a due process hearing related to the provision of a FAPE to a Charter School student if the District determines it is legally necessary to meet the District’s responsibilities under federal and state law. In the event a parent/guardian files for a due process hearing, the Charter School shall immediately forward to the District a copy of the due process complaint and a copy of the student’s file to the District. The District and the Charter School shall work together to defend any due process hearing brought by a student enrolled in the Charter School. The Charter School and the District shall cooperate in all aspects of preparing for and conducting the due process hearing, including making the staff of the Charter School available. In the event that the District determines that legal representation is needed, the District and the Charter School shall be jointly represented by District legal counsel unless there is a conflict of interest. The Charter School shall be responsible for the costs of such defense, including any attorneys’ fees and costs. If the Charter School chooses to retain separate legal counsel, the Charter School shall be responsible for the separate fees and costs of such representation, in addition to its responsibilities for costs as set forth in this Agreement. The Charter School shall be responsible for the attorneys’ fees and costs of the parent/guardian and any compensatory or other damages that may be awarded. The Charter School shall cooperate fully with reasonable requests from the District for information and documentation related to due process complaints in which the District and/or the Charter School is a party.
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VII.
SELPA ACTIVITIES AND MEETINGS A.
Training. The Charter School shall ensure that all staff is trained in the substantive and procedural requirements of applicable federal and state special education laws and District special education policies and procedures at its own expense.
B.
SELPA Activities and Meetings. The District Superintendent or designee shall represent the Charter School at all SELPA meetings as it represents the needs of all schools in the District. Reports to the Charter School regarding SELPA decisions and policies shall be communicated to the Charter School as they are to all other schools within District. To the extent that the District and/or SELPA provide training opportunities and/or information regarding special education to site staff, such opportunities or information shall be made available to the staff of the Charter School.
C.
SELPA Requirements. The Charter School agrees to adhere to the policies and procedures of the SELPA, which shall be in addition to the special education policies and procedures of the District.
D.
Quarterly Meetings. The Charter School’s designated representative shall meet with the District’s designated representative on a quarterly basis to review the programs and services provided by the Charter School and the District. Such meetings shall be held at the District office unless otherwise mutually agreed upon by the Parties.
E.
Quarterly Site Visits. The District’s designated representative shall make site visits to the Charter School on a quarterly basis or as needed in the sole determination of the District. The Charter School shall ensure that a site representative is available to assist the District’s designated representative during the visits. The District’s designated representative shall be provided full access to all records and files at the site and shall be permitted to observe services, programs, and instruction.
VIII. SPECIAL EDUCATION FUNDING A.
District Reimbursement of Actual Costs. The District shall receive all state and federal special education revenues generated by student attendance in the Charter School. From these revenues, the District shall reimburse the Charter School for the actual costs associated with providing special education and related services to students. The Charter School shall also be entitled to funding and services provided by the SELPA to the extent that such funding and services are made available to schools within the District. The Charter School shall submit a detailed list of all expenses (i.e., staffing, resources, and services) as line items prior to reimbursement. The District will review all line items to confirm the expenses are reimbursable. The District shall reimburse the Charter School for all approved expenses within thirty (30) days of receipt of appropriate 9
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documentation. The dispute resolution procedures in the charter will be used if the Charter School disputes any expense deemed to be non-reimbursable by the District. B.
Excess Costs. To the extent the Charter School’s special education program costs exceed the amount of state and federal revenues generated by student attendance in the Charter School for the current fiscal year, any excess costs associated with providing special education and related services to the Charter School students shall be borne by the Charter School. In no event shall the Charter School be entitled to reimbursement of excess costs.
C.
Charter School Contribution of Equitable Share of Charter School Funding. The Charter School shall contribute a pro rata share of its Charter School funding to support the District’s unfunded special education costs (“general fund support”). By May 1 of each year, the District shall provide the Charter School an estimate of the following year’s special education costs and set a cost per average daily attendance (“ADA”). At the end of each fiscal year, the District shall calculate the Charter School’s pro rata share of the District-wide general fund support for that year as calculated by the total unfunded special education costs of the District (including those costs attributable to Charter School) divided by the total number of District ADA (including Charter School students) and multiplied by the total number of the Charter School ADA (ADA calculation from P2). The ADA of the Charter School shall include all students, regardless of home district. The District shall calculate the amount of the Charter School’s share of the general fund support upon receipt of the certified P2 reporting data. The District shall provide Charter School with documentation as to the calculation of the Charter School’s share of general fund support and allow Charter School an opportunity to provide input and respond to the calculation prior to invoicing Charter School for the prior year. The District shall then invoice Charter School for its share of the general fund support. Payment shall be due and payable within 30 days of invoice. If not fully paid, the remaining amount of Charter School’s share of the general fund support shall be offset against the District’s next succeeding in-lieu property tax apportionments until paid in full. The District shall provide an estimate of the Charter School’s share of the general fund support for the following year by August 30 of each year for budgeting purposes. This estimate shall not be binding and Charter School shall be fully responsible for its actual share of general fund support.
D.
Annual Budget. By March 15 of each year, the District will provide the Charter School with an estimate of the subsequent year’s special education revenues generated by the Charter School’s enrollment. Based on this estimate, the Charter School shall develop its proposed budget to include its projected special education 10
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costs for the subsequent year. The projected special education budget for the subsequent year shall be submitted to the District by May 30. The estimate provided by the District shall not be binding and Charter School shall be fully responsible for its actual costs. E.
IX.
INDEMNIFICATION OF DISTRICT BY CHARTER SCHOOL A.
X.
Record Keeping. The District and the Charter School shall keep detailed records of all services provided and costs incurred for the provision of services and shall make such records available to the other party’s designated representative upon receipt of 48-hour notice. Both Parties shall promptly mail to one another copies of any records specifically requested by the party’s designated representative.
Indemnification by Charter School. The Charter School agrees to defend, indemnify, and hold harmless the District, its Governing Board members, officers, directors, agents, and employees from any and all claims, damages, losses, causes of action, suits, and demands, including reasonable attorneys’ fees and costs, incurred in connection with, arising out of, or resulting from the Charter School’s negligent or wrongful acts or omissions in the performance of this Agreement.
MISCELLANEOUS A.
Amendments. This Agreement may be amended or renewed only by a writing duly authorized and executed by the Parties.
B.
No Agency Relationship. No officer, employee, or agent of the Charter School shall be deemed to be the officer, employee, or agent of the District except as expressly acknowledged in writing by the District. The Charter School will be solely and entirely responsible for its acts and for the acts of the Charter School’s directors, employees, agents, and subcontractors while acting under the Charter School’s direction during the entire term of this Agreement.
C.
Severability. If any provision or any part of this Agreement is for any reason held to be invalid, unenforceable or contrary to public policy, law or statute, and/or ordinance, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
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D.
Notification. All notices, requests, and other communication under this Agreement shall be in writing and mailed to the proper address as follows: To the District at:
Dr. Linda Wagner, Superintendent Anaheim Elementary School District 1001 South East Street Anaheim, CA 92805
To the Charter School at:
Dr. Debra Schroeder, Executive Director/Principal GOALS Academy 1170 La Palma Park Way Anaheim, CA 92801
E.
Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters covered herein, and supersedes any oral or written understanding or agreements between the Parties with respect to the subject matter of this Agreement. No person or party is authorized to make any representations or warranties except as set forth herein, and no agreement, statement, representation, or promise by any Party which is not contained herein shall be valid or binding. The undersigned acknowledges that she/he has not relied upon any warranties, representations, statements or promises by any of the Parties or any of their agents or consultant except as may be expressly set forth in this Agreement. The Parties further recognize that this Agreement shall only be modified in writing and by the mutual agreement of the Parties.
F.
Recitals. The Parties agree that the recitals set forth above are true and are incorporated as essential terms of this Agreement.
G.
Governing Law. This Agreement shall be interpreted under the laws of the State of California. Any litigation filed by the Parties regarding this Agreement shall be filed and heard in a court of competent jurisdiction for the County of Orange, State of California.
H.
Non-Assignment. It is mutually understood and agreed that this Agreement is not assignable by either Party in whole or in part without the prior written consent of the other party.
I.
Signatures. The Parties acknowledge that each of the undersigned has the power and authority to enter into a binding contract on behalf of the party so noted below.
J.
Counterparts. This Agreement may be signed in counterparts such that the signatures may appear on separate signature pages. Facsimile or photocopy signatures shall have the same force and effect as original signatures.
K.
Survival. All representations, warranties, and indemnities made herein shall survive termination of this Agreement. 12
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L.
No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, nor shall such waiver constitute a continuing waiver unless otherwise expressly stated.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date and year written below. ANAHEIM ELEMENTARY SCHOOL DISTRICT:
Date: _______________
______________________________ Dr. Linda Wagner Superintendent
GOALS ACADEMY:
Date: _______________
______________________________ Dr. Debra Schroeder Executive Director/Principal
13 00102-00021/1818673.1
DRAFT ADAPTED PHYSICAL EDUCATION TEACHER
Department/Division Reports to: Provides Direction to: Classification Status: Date Prepared: Board Adopted:
Special Services Senior Director of Special Services/SELPA Assigned Personnel Certificated June 8, 2016
GENERAL PURPOSE Under the direction of the Senior Director of Special Services/SELPA, provide a diagnostic and prescriptive adapted physical education program for students with identified needs in fine motor, gross motor, social, recreational, and rehabilitation areas. Perform other related duties as assigned. ESSENTIAL FUNCTIONS The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. 1. Conduct Adapted Physical Education assessments which include student observation, record review, interview, and standardized and non-standardized testing in the areas of suspected disability. 2. Write assessment reports according to specified guidelines and develop short term and long term goals and objectives for the IEP team. 3. Serve as a member of the IEP team Section 504 determining placements, goals and objectives in the area of Adapted Physical Education, if needed, and obtaining parental consent for placement. Teacher shall communicate with IEP team or Section 504 on the individual student’s progress. 4. Work cooperatively with regular and special education teachers and administrators in planning a balanced program and adapting daily schedules. ____________________________________________________________________________ Adapted Physical Education Teacher Page 1 of 5
DRAFT ESSENTIAL FUNCTIONS (continued) 5. Keep accurate records of attendance for students receiving services. 6. Provide individualized and small group instruction in order to adapt the curriculum to the needs of each student, to the extent feasible. 7. Teach one or more classes of adapted physical education for students with physical and/or medical challenges. 8. Take data regarding student progress and report on student progress related to IEP goals at the required times. 9. Provide appropriate safety instruction and make safety checks on equipment and field areas to insure the overall safety of the students. 10. Consult with education specialists and general education teachers regarding physical education programs and individual student needs who receive Adapted Physical Education services on IEPs or Section 504. 11. Comply with established confidentiality procedures regarding the release of student information. 12. Instruct students, aides, parents and other staff for the purpose of assisting students to maximize their physical performance. 13. Serve as a Liaison providing resources to parents concerning adaptive PE programs within the community such as Special Olympics, Young Athletes Program, community programs, etc. QUALIFICATION GUIDELINES Knowledge of: Testing practices, procedures, and methods; various testing materials, instruments, and equipment; federal and State laws and regulations regarding special education, section 504, and assigned duties; IEP preparation and implementation methods and procedures; record-keeping techniques; applicable sections of the California State Education Code; interpersonal skills using tact, patience, and courtesy; principles of providing work direction and guidance to assigned personnel; technical aspects of field of specialty.
____________________________________________________________________________ Adapted Physical Education Teacher Page 2 of 5
DRAFT Ability to: Perform professional evaluations of fine motor, gross motor, recreational, and rehabilitative needs of students; write reports detailing results of evaluations that support legally defensible practices within special education; develop, write, and implement present levels of performance and goals and objectives for students requiring Adapted Physical Education services in special education; utilize various testing techniques, materials, equipment, and instruments; prepare and maintain confidential records and files.; analyze situations accurately and adopt an effective course of action; work in a confidential and discreet manner; communicate effectively in writing and orally; drive a vehicle to conduct work; establish and maintain cooperative and effective working relationships with others; work independently with little direction; maintain current knowledge of technological advances in the field; provide work direction and guidance to assigned personnel. Education/Training/Experience: Any combination equivalent to bachelor’s degree and teacher certification related to students served. ● Experience working with elementary aged students preferred. ● Experience working with children who have disabilities preferred. Licenses/Certificates/Special Requirements Valid California Teaching credential authorizing the teaching of physical education and either an Adapted Physical Education Specialist Credential with English Language Learners authorization or equivalent, or a letter of recommendation from a California college or university with a commission approved Adapted Physical Education Program. Compliance with Every Student Succeeds Act Appearance, grooming and personality which establish a desirable example for parents, staff and students. Valid California driver's license and the ability to maintain insurability under the District’s vehicle insurance policy. Current First Aid and CPR certification highly preferred
____________________________________________________________________________ Adapted Physical Education Teacher Page 3 of 5
DRAFT PHYSICAL AND MENTAL DEMANDS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands While performing the duties of this job, the employee is regularly required to sit and stand for extended periods of time. The employee frequently is required to lift, push, pull, and/or move up to 50 pounds. Repetitive bending at the waist, as well as kneeling, stooping, squatting, and crouching are also required. Employees may reach overhead, as well as above the shoulders and horizontally. Dexterity of hands and fingers to demonstrate activities or run instructional equipment is required, as is hearing and speaking to exchange information, make presentations, hear in a noisy environment and locate the source of a sound. Seeing to read a variety of materials and monitor student activities is also required. Person must also be able to walk to cover a variety of terrain including blacktop, concrete, sidewalks, dirt, grass, and playgrounds; may need to walk up and/or down inclines and flights of stairs. Person may also need to assist a student who is using a walker or other mobility device. The information contained in this physical standards description is for compliance with ADA and is not an exhaustive list of duties performed. The individuals currently holding this position perform additional duties and additional duties may be assigned. The conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Mental Demands While performing the duties of this class, the employee must be able to use written and oral communication skills; read and interpret assessment information/data, information and documents; interpret policies and procedures; use math and mathematical reasoning; learn and apply new information or new skills; work under deadlines with constant interruptions ; and interact with District staff, managers, instructors, vendors, and other organizations and the public; occasionally required to deal with staff in conflict situations. ____________________________________________________________________________ Adapted Physical Education Teacher Page 4 of 5
DRAFT WORK ENVIRONMENT: ● The employee will work under typical office, classroom, playground, and outdoor environments. The employee will work under constant interruptions. The employee may work in an office environment where the noise level is quiet or moderately quiet. The employee travels to a variety of school and off-site facilities for provision of services and/or meetings. ● The Employee may come in contact with hostile or abusive individuals with unpredictable behaviors and may come in contact with blood-borne pathogens and infectious diseases. Training and protective equipment are provided.
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DRAFT
OCCUPATIONAL THERAPIST
Department/Division: Reports To: Provides Direction To: Classification Status: Date Prepared: Board Adopted:
Special Services Director of Special Services N/A Classified December 1, 2007 November 19, 2015 March 10, 2008
GENERAL PURPOSE Under general supervision, provide assessment, consultation to parents and teachers, and/or direct treatment for children with disability conditions; prepare records and reports; and perform other related duties as assigned. ESSENTIAL FUNCTIONS The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. 1. Screen and evaluate students using standardized tests, observation, and/or clinically derived surveys. 2. Assess student’s visual perceptual, fine motor, visual motor, gross motor, and praxis sensory processing. perceptual-motor skills, motor coordination, Sensory development, muscle strength, and related skills and aptitudes abilities to access and participate in their educational setting. 3. Collaborate with multi-disciplinary educational team members and consult with medical team, outside agencies, and parents upon written referral regarding occupational therapy services within the area of education, activities of daily living, prevocational work, play, leisure, and social participation. 4. Visit students’ classrooms, playgrounds and homes to promote generalization of OT services in the natural environment.
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Occupational Therapist
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DRAFT ESSENTIAL FUNCTIONS (continued) 5. Plan and implement clinic-based and school based OT services in the areas of education, activities of daily living, prevocational work, play, leisure, and social participation. 6. Operate therapy equipment, including hanging, repositioning, and adjusting equipment; order, design and fabricate appropriate modifications to support student’s ability to access the regular education curriculum. 7. Devise student treatment programs aimed at improving the identified areas of function, as they relate to the child's educational needs. 8. Participate in the Individualized Education Plan (IEP) meeting to develop, update and discuss goals, objectives, and progress levels; review and interpret educational and medical reports. 9. Prepare and maintain records and reports to comply with District requirements, administrative policies, and State and federal laws and regulations. 10. Prepare documentation for written reports, evaluations, and records; attend District meetings, and parent and student conferences and review and interpret educational and medical reports pertaining to assessments and student progress. QUALIFICATIONS GUIDELINES Knowledge of: Domain and process of occupational therapy; intellectual sensory, physical, educational, and physical intellectual development needs associated with young children; childhood diagnoses, disease processes, and prognosis assessment and treatment techniques associated with different types of disabilities and the pediatric population; OT frames of reference and evaluation tools used in OT pediatric practices; modifications to tasks and environmental factors to enhance student’s functioning and achievement of academic goals; California Education Code and California Special Education health and safety regulations.
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Occupational Therapist
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DRAFT Ability to: Perform Make accurate assessments of the developmental status and educational needs of young children; work collaboratively in multi-disciplinary teams and with parents; design, evaluate and recommend a variety of modifications and determine needs for treatment, transition, and discharge planning processes; interpret multidisciplinary evaluations and medical reports; communicate occupational therapy treatment techniques and goals to parents, teachers, and other program staff; skillfully apply occupational therapy techniques in the treatment of children with disabilities; communicate effectively with others, both orally and in writing; organize caseload and work independently; understand and carry out oral and written instructions; establish and maintain effective relationships with students, parents, staff, community organizations, and others in the course of work. Education/Training/Experience: A typical way of obtaining the knowledge, skills and abilities outlined above is gGraduation from an accredited college or university with a Bachelor’s Master’s Degree in Occupational Therapy and . with major course work in Occupational Therapy, Physical Therapy or another related field and two years of paid work experience with school-aged children in a variety of settings including school, home, and clinic. Master’s degree in Occupational Therapy required for employees hired after January 1, 2007. Training in sensory integration testing and techniques and experience working collaboratively with families is desirable. Licenses/Certificates/Special Requirements: A valid Class C California driver’s license and the ability to maintain insurability under the District’s Vehicle Insurance Policy. Proof of registration as an Occupational Therapist with the American Occupational Therapy Association through National Board for Certification in Occupational Therapy (NBCOT) and licensure with the California Board of Occupational Therapy (CBOT). Certification in Sensory Integration and Praxis Certification is desirable. PHYSICAL AND MENTAL DEMANDS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
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Occupational Therapist
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DRAFT
Physical Demands While performing the duties of this class, employees are regularly required to stand, walk, talk, hear, and use hands to draw write. and talk or hear. Employees are frequently required to sit. Employees are occasionally required to climb or balance. Employees must regularly lift and/or move up to 75 pounds. Specific vision abilities required by this job include peripheral vision and depth perception. Mental Demands While performing the duties of this classification, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; observe and interpret situations; learn and apply new information or skills; perform highly detailed work; work on multiple and concurrent tasks; and interact with District and program personnel, managers, staff, vendors, the public, and others encountered in the course of work. WORK ENVIRONMENT The employee works in classroom and office conditions, and the noise level ranges from moderately loud to quiet settings given physical exercise and activities. The employee travels to assigned school sites. The employee may be exposed to communicable diseases from clients.
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Occupational Therapist
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RESOLUTION NO. 2015-16/59
ANAHEIM ELEMENTARY SCHOOL DISTRICT RESOLUTION FOR TEMPORARY INTERFUND TRANSFER (General Fund and Various Funds) WHEREAS, the governing board of any school district may direct that monies held in any fund or account may be temporarily transferred to another fund or account of the district for payment of obligations as authorized by Education Code Section 42603 during the 2016-17 fiscal year; and WHEREAS, no more than 75 percent of the maximum of monies held in any fund or account during a current fiscal year may be transferred pursuant to the provision of this section during that fiscal year; and WHEREAS, amounts transferred shall be repaid either in the same fiscal year, or in the following fiscal year if the transfer takes place within the final 120 calendar days of a fiscal year, NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Anaheim Elementary School District authorizes the Administration to make temporary transfers to cover payment of obligations from any fund or account. PASSED AND ADOPTED by the Governing Board on June 22, 2016, by the following vote: Ayes: ________________________ Noes: ________________________ Absent: _______________________ I, Linda Wagner, Ed.D., Secretary to the Board of Education of the Anaheim Elementary School District of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at the regular meeting held on the 22nd day of June, 2016. IN WITNESS WHEREOF I have hereunto set my hand and seal this 22nd day of June, 2016.
_____________________________________________ Linda Wagner, Ed.D., Superintendent and Secretary of the Governing Board of the Anaheim Elementary School District
RESOLUTION NO. 2015-16/60 RESOLUTION OF THE BOARD OF EDUCATION OF THE ANAHEIM ELEMENTARY SCHOOL DISTRICT, REGARDING THE EDUCATION PROTECTION ACCOUNT
WHEREAS, the voters approved Proposition 30 on November 6, 2012; WHEREAS, Proposition 30 added Article XIII, Section 36 to the California Constitution effective November 7, 2012; WHEREAS, the provisions of Article XIII, Section 36(e) create in the state General Fund an Education Protection Account to receive and disburse the revenues derived from the incremental increases in taxes imposed by Article XIII, Section 36(f); WHEREAS, before June 30th of each year, the Director of Finance shall estimate the total amount of additional revenues, less refunds that will be derived from the incremental increases in tax rates made pursuant to Article XIII, Section 36(f) that will be available for transfer into the Education Protection Account during the next fiscal year; WHEREAS, if the sum determined by the State Controller is positive, the State Controller shall transfer the amount calculated into the Education Protection Account within ten days preceding the end of the fiscal year; WHEREAS, all monies in the Education Protection Account are hereby continuously appropriated for the support of school districts, county offices of education, charter schools and community college districts; WHEREAS, monies deposited in the Education Protection Account shall not be used to pay any costs incurred by the Legislature, the Governor or any agency of state government; WHEREAS, a community college district, county office of education, school district, or charter school shall have the sole authority to determine how the monies received from the Education Protection Account are spent in the school or schools within its jurisdiction; WHEREAS, the governing board of the district shall make the spending determinations with respect to monies received from the Education Protection Account in open session of a public meeting of the governing board; WHEREAS, the monies received from the Education Protection Account shall not be used for salaries or benefits for administrators or any other administrative cost; WHEREAS, each community college district, county office of education, school district and charter school shall annually publish on its Internet website an accounting of how much money was received from the Education Protection Account and how that money was spent;
WHEREAS, the annual independent financial and compliance audit required of community college districts, county offices of education, school districts and charter schools shall ascertain and verify whether the funds provided from the Education Protection Account have been properly disbursed and expended as required by Article XIII, Section 36 of the California Constitution; WHEREAS, expenses incurred by community college districts, county offices of education, school districts and charter schools to comply with the additional audit requirements of Article XIII, Section 36 may be paid with funding from the Education Protection Act and shall not be considered administrative costs for purposes of Article XIII, Section 36. NOW, THEREFORE, IT IS HEREBY RESOLVED: 1.
The monies received from the Education Protection Account shall be spent as required by Article XIII, Section 36 and the spending determinations on how the money will be spent shall be made in open session of a public meeting of the governing board of Anaheim Elementary School District;
2.
In compliance with Article XIII, Section 36(e), with the California Constitution, the governing board of the Anaheim Elementary School District has determined to spend the monies received from the Education Protection Act as attached.
DATED:
June 22, 2016
___________________________________ Jeff Cole, Ed.D., Board President
___________________________________ Ryan A. Ruelas, Board Clerk
___________________________________ Jackie Filbeck, Board Member
___________________________________ Bob Gardner, Board Member
___________________________________ David Robert “D.R.” Heywood, Board Member IN WITNESS WHEREOF I have hereunto set my hand and seal this 22nd day of June, 2016.
_____________________________________________ Linda Wagner, Ed.D., Superintendent and Secretary of the Governing Board of the Anaheim Elementary School District Orange County, California
RESOLUTION NO. 2015-16/61 ANAHEIM ELEMENTARY SCHOOL DISTRICT A RESOLUTION OF THE BOARD OF EDUCATION OF THE ANAHEIM ELEMENTARY SCHOOL DISTRICT, ORANGE COUNTY, CALIFORNIA, AUTHORIZING THE ISSUANCE OF ANAHEIM ELEMENTARY SCHOOL DISTRICT (ORANGE COUNTY, CALIFORNIA) GENERAL OBLIGATION BONDS, ELECTION OF 2010, SERIES 2016, AND ACTIONS RELATED THERETO WHEREAS, a duly called election was held in the Anaheim Elementary School District (the “District”), Orange County (the “County”), State of California, on November 2, 2010 (the “Election”) and thereafter canvassed pursuant to law; WHEREAS, at the Election there was submitted to and approved by the requisite fifty-five percent or more vote of the qualified electors of the District a question as to the issuance and sale of general obligation bonds of the District for the various purposes set forth in the ballot submitted to the voters, in the maximum amount not-to-exceed $169,300,000, payable from the levy of an ad valorem property tax against the taxable property in the District (the “Authorization”); WHEREAS, on April 13, 2011, the District issued the first series of bonds pursuant to the Authorization, styled as the “Anaheim Elementary School District (Orange County, California) General Obligation Bonds, Election of 2010, Series 2011,” in the aggregate principal amount of $29,998,482.10; WHEREAS, pursuant to Chapter 1 of Title 1, Division 1, Part 10, of the Education Code of the State of California, entitled “Bonds of School Districts and Community College Districts” (the “Notes Act”), and in particular pursuant to the authority set forth in Section 15150 of the Notes Act, the governing board of a school district may, by resolution, upon such terms and conditions as it shall prescribe, issue notes, on a negotiated or competitive-bid basis and maturing within a period not-toexceed five years, in anticipation of the sale of general obligation bonds authorized at the time such notes are issued; WHEREAS, pursuant to the Notes Act the proceeds from the sale of such notes shall be used only for authorized purposes of the anticipated general obligation bonds or to repay outstanding notes authorized thereby; WHEREAS, on November 23, 2011, the District issued the two series of such notes, in the aggregate initial principal amount of $29,997,334,40 (the “Prior Notes”), in anticipation of proceeds from the sale of Bonds under the Authorization, and payable from proceeds of bonds issued pursuant to the Authorization or any other funds of the District lawfully available for such purpose; WHEREAS, at this time this Board of Education (the “Board”) has determined that it is necessary and desirable to issue the second series of bonds under the Authorization in an aggregate principal amount not-to-exceed $64,000,000, and to be styled as “Anaheim Elementary School District (Orange County, California) General Obligation Bonds, Election of 2010, Series 2016” (the “Bonds”);
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WHEREAS, pursuant to Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Government Code”), the Bonds are authorized to be issued by the District to pay the Prior Notes and for the purposes set forth in the ballot submitted to the voters at the Election; WHEREAS, this Board desires to authorize the issuance of the Bonds in one or more Series of Taxable or Tax-Exempt Current Interest Bonds (as such terms are defined herein); WHEREAS, this Board desires to appoint certain professionals to provide services related to the issuance of the Bonds; and WHEREAS, all acts, conditions and things required by law to be done or performed have been done and performed in strict conformity with the laws authorizing the issuance of general obligation bonds of the District, and the indebtedness of the District, including this proposed issue of Bonds, is within all limits prescribed by law; NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED BY THE BOARD OF EDUCATION OF THE ANAHEIM ELEMENTARY SCHOOL DISTRICT, ORANGE COUNTY, CALIFORNIA, AS FOLLOWS: SECTION 1. Authorization for Issuance of the Bonds. To raise money to pay the Prior Notes and for the purposes authorized by the voters of the District at the Election, and to pay all necessary legal, financial, engineering and contingent costs in connection therewith, the Board hereby authorizes the issuance of the Bonds pursuant to Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code and orders such Bonds sold at a competitive sale in one or more Series of Taxable or Tax-Exempt Current Interest Bonds, with appropriate series designation if more than one Series is issued, such that the Bonds shall be dated as of a date to be determined by the Authorized Officers (defined below), shall bear interest at a rate not to exceed that authorized at the Election, shall be payable upon such terms and provisions as shall be set forth in the Bonds, shall mature on the dates and in the amounts set forth in the Official Statement (defined herein), and shall be in an aggregate principal amount not-to-exceed $64,000,000. SECTION 2. Paying Agent. This Board hereby appoints the Paying Agent, as defined herein, to serve as the paying agent, bond registrar, transfer agent and authentication agent for the Bonds on behalf of the District. This Board hereby approves the payment of the reasonable fees and expenses of the Paying Agent as they shall become due and payable. The fees and expenses of the Paying Agent which are not paid as a cost of issuance of the Bonds may be paid in each year from ad valorem property taxes levied and collected for the payment thereof, insofar as permitted by law, including specifically by Section 15232 of the Education Code. SECTION 3. Approval of the Notice Inviting Proposals for Purchase of Bonds. The competitive sale of the Bonds shall be undertaken pursuant to the Notice Inviting Proposals for Purchase of Bonds and the Notice of Intention To Sell, set forth in Exhibits B and C hereto, respectively. The Superintendent of the District (the “Superintendent”) or the Assistant Superintendent, Administrative Services (the “Assistant Superintendent,” and together with the Superintendent, the “Authorized Officers”) each alone, are hereby authorized to execute the Notice of Intention to Sell attached hereto as Exhibit C (the “Notice of Intention”) and to cause the Notice of Intention to be published in The Bond Buyer once at least five (5) days prior to the date set to receive bids. 2 DOCSSF/128660v2/200623-0001
The terms and conditions of the offering and the sale of the Bonds shall be as specified in the Notice Inviting Proposals for Purchase of Bonds. The Board shall award the sale of the Bonds by acceptance of the bids with the lowest true interest cost (the “TIC”) with respect to the Bonds, so long as the principal amount of the Bonds does not exceed $64,000,000 and the TIC does not exceed 5.00%. Piper Jaffray & Co., the financial advisor to the District (the “Financial Advisor”), is hereby authorized and directed to cause to be furnished to prospective bidders a reasonable number of copies of the Notice Inviting Proposals for Purchase of Bonds and a reasonable number of copies of the Official Statement. The Board hereby approves the competitive sale of the Bonds and determines that a competitive sale contributes to the District’s goal of achieving the lowest overall cost of funds. The Board estimates that the costs associated with the issuance and purchase of the Bonds and any such costs which the successful bidder or bidders agrees to pay pursuant to the Notice Inviting Proposals for Purchase of Bonds, will equal approximately 0.50% of the principal amount of the Bonds. The Financial Advisor and/or Stradling Yocca Carlson & Rauth, a Professional Corporation, San Francisco, California (“Bond Counsel”), are hereby authorized and directed to open the bids at the time and place specified in the Notice Inviting Proposals for Purchase of Bonds and to present the same to the Authorized Officers. The Financial Advisor and/or Bond Counsel are hereby authorized and directed to receive and record the receipt of all bids made pursuant to the Notice Inviting Proposals for Purchase of Bonds; to cause said bids to be examined for compliance with the Notice Inviting Proposals for Purchase of Bonds; and to cause computations to be made as to which bidder has bid the lowest TIC with respect to the Bonds, as provided in the Notice Inviting Proposals for Purchase of Bonds, along with a report as to the foregoing and any other matters deemed pertinent to the award of the Bonds and the proceedings for the issuance thereof. SECTION 4. Certain Definitions. As used in this Resolution, the terms set forth below shall have the meanings ascribed to them (unless otherwise set forth in the Official Statement): (a) “Beneficial Owner” means, when used with reference to book-entry Bonds registered pursuant to Section 5 hereof, the person who is considered the beneficial owner of such Bonds pursuant to the arrangements for book entry determination of ownership applicable to the Depository. (b) “Bond Insurer” means any insurance company which issues a municipal bond insurance policy insuring the payment of Principal of and interest on the Bonds. (c) “Bond Payment Date” means, unless otherwise provided for in the Official Statement, February 1 and August 1 of each year commencing February 1, 2017 with respect to interest on the Bonds, and the stated maturity dates of Bonds with respect to payments of Principal of the Bonds. (d) “Bond Register” means the registration books which the Paying Agent shall keep or cause to be kept on which the registered ownership, transfer and exchange of Bonds shall be recorded.
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(e) “Code” means the Internal Revenue Code of 1986, as amended. Reference to any particular section of the Code shall be deemed to be a reference to any successor to any such section. (f) “Continuing Disclosure Certificate” means that certain contractual undertaking of the District pursuant to paragraph (b)(5) of Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, and relating to the Bonds, dated as of the date of issuance thereof, as amended from time to time in accordance with the provisions thereof. (g) “Current Interest Bonds” means bonds, the interest on which is payable semiannually on each Bond Payment Date specified for each such Bond as designated and maturing in the years and in the amounts set forth in the Official Statement. (h) “Dated Date” means the date of initial issuance and delivery of the Bonds, or such other date as shall appear in the Official Statement. (i) “Depository” means the entity acting as securities depository for the Bonds pursuant to Section 5(c) hereof. (j) “DTC” means The Depository Trust Company, 55 Water Street, New York, New York 10041, a limited purpose trust company organized under the laws of the State of New York, in its capacity as the initial Depository for the Bonds. (k) “Fair Market Value” means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of Section 1273 of the Code) and, otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm's length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security—State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) any commingled investment fund in which the District and related parties do not own more than a ten percent (10%) beneficial interest therein if the return paid by the fund is without regard to the source of the investment. (l) “Holder” or “Owner” means the registered owner of a Bond as set forth on the Bond Register maintained by the Paying Agent pursuant to Section 5 hereof. (m) “Information Services” means Financial Information, Inc.’s Financial Daily Called Bond Service; Mergent, Inc.’s Called Bond Department; or Standard & Poor’s J.J. Kenny Information Services’ Called Bond Service.
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(n) “Long Current Interest Bonds” means Current Interest Bonds that mature more than 30 years from the date of issuance thereof, but not more than 40 years. (o) “Moody’s” means Moody’s Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns, or, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, such other nationally recognized securities rating agency designated by the District. (p) “Nominee” means the nominee of the Depository, which may be the Depository, as determined from time to time pursuant to Section 5(c) hereof. (q) “Non-AMT Bonds” means obligations the interest on which is excludable from gross income for federal income tax purposes under Section 103(a) of the Code and not treated as an item of tax preference under Section 57(a)(5)(C) of the Code, that are legal investments pursuant to Section 53601 of the Government Code of the State of California. (r) “Official Statement” means the Official Statement for the Bonds, as described in Section 16 hereof. (s) “Outstanding” means, when used with reference to the Bonds, as of any date, Bonds theretofore issued or thereupon being issued under this Resolution except: (i)
Bonds canceled at or prior to such date;
(ii) Bonds in lieu of or in substitution for which other Bonds shall have been delivered pursuant to Section 7 hereof; or (iii) Bonds for the payment or redemption of which funds or Government Obligations in the necessary amount shall have been set aside (whether on or prior to the maturity or redemption date of such Bonds), in accordance with Section 18 of this Resolution. (t) “Participants” means those broker-dealers, banks and other financial institutions from time to time for which the Depository holds book-entry certificates as securities depository. (u) “Paying Agent” means, initially, U.S. Bank National Association, or any other Paying Agent as shall be named in the Official Statement, and afterwards any successor thereto, acting as the authenticating agent, bond registrar, transfer agent and paying agent for the Bonds. (v) “Permitted Investments” means (i) any lawful investments permitted by Section 16429.1 and Section 53601 of the Government Code, including Non-AMT Bonds and Qualified Non-AMT Mutual Funds, (ii) shares in a California common law trust established pursuant to Title 1, Division 7, Chapter 5 of the Government Code which invests exclusively in investments permitted by Section 53635 of the Government Code, but without regard to any limitations in such Section concerning the percentage of moneys available for investment being invested in a particular type of security, (iii) a guaranteed investment contract with a provider having a rating meeting the minimum rating requirements of the County investment pool maintained by the Treasurer, (iv) the Local Agency Investments Fund of the California State 5 DOCSSF/128660v2/200623-0001
Treasurer, (v) the County investment pool described above, and (vi) State and Local Government Series Securities. (w) “Principal” or “Principal Amount” means, with respect to any Bond, the initial principal amount thereof. (x) “Qualified Non-AMT Mutual Fund” means stock in a regulated investment company to the extent that at least 95% of the income of such regulated investment company is interest that is excludable from gross income under Section 103 of the Code and not an item of tax preference under Section 57(a)(5)(C) of the Code. (y) “Qualified Permitted Investments” means (i) Non-AMT Bonds, (ii) Qualified Non-AMT Mutual Funds, (iii) other Permitted Investments authorized by an opinion of Bond Counsel to the effect that such investment would not adversely affect the tax-exempt status of the Bonds, and (iv) Permitted Investments of proceeds of the Bonds, and interest earned on such proceeds, held not more than thirty days pending reinvestment or Bond redemption. A guaranteed investment contract or similar investment agreement (e.g. a forward supply contract, GIC, repo, etc.) does not constitute a Qualified Permitted Investment. (z) “Record Date” means the close of business on the 15th day of the month preceding each Bond Payment Date. (aa) “Series” means any Bonds executed, authenticated and delivered pursuant to the provisions hereof identified as a separate series of Bonds. (bb) “S&P” means S&P Global Ratings, a business unit of Standard & Poor’s Financial Services LLC, its successors and assigns, or, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, such other nationally recognized securities rating agency designated by the District. (cc) “Taxable Bonds” means any Bonds the interest on which is not excludable from gross income for federal income tax purposes. (dd) “Tax-Exempt Bonds” means any Bonds the interest on which is excludable from gross income for federal income tax purposes and is not treated as an item of tax preference for purposes of calculating the federal alternative minimum tax, as further described in an opinion of Bond Counsel supplied to the original purchasers of such Bonds. (ee) “Term Bonds” means those Bonds for which mandatory redemption dates have been established in the Official Statement. (ff) “Transfer Amount” means, for purposes of exchanging Outstanding Bonds pursuant to Section 7 hereof, the principal amount. (gg) “Treasurer” means the Orange County Treasurer-Tax Collector, or other comparable officer of the County. SECTION 5.
Terms of the Bonds.
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(a) Denomination, Interest, Dated Dates and Terms. The Bonds shall be issued as fully registered Current Interest Bonds registered as to both Principal and interest, in denominations of $5,000 Principal Amount or any integral multiple thereof. The Bonds will initially be registered in the name of “Cede & Co.,” the Nominee of the Depository Trust Company, New York, New York. Each Bond shall be dated as of the Dated Date, and shall bear interest at the rates set forth in the Official Statement, from the Bond Payment Date next preceding the date of authentication thereof unless it is authenticated during the period from the 16th day of the month next preceding any Bond Payment Date to that Bond Payment Date, inclusive, in which event it shall bear interest from such Bond Payment Date, or unless it is authenticated on or before the first Record Date, in which event it shall bear interest from its Dated Date. Interest shall be payable on the respective Bond Payment Dates and shall be calculated on the basis of a 360-day year of 12, 30-day months. (b)
Redemption.
(i) Optional Redemption. The Bonds shall be subject to optional or mandatory sinking fund redemption prior to maturity as provided in the Official Statement. (ii) Selection of Bonds for Redemption. Whenever provision is made in this Resolution for the optional redemption of Bonds and less than all Outstanding Bonds are to be redeemed, the Paying Agent, upon written instruction from the District, shall select Bonds for redemption as so directed and if not directed, in inverse order of maturity. Within a maturity, the Paying Agent shall select Bonds for redemption as directed by the District, and if not so directed by lot. Redemption by lot shall be in such manner as the Paying Agent shall determine; provided, however, that with respect to redemption by lot, the portion of any Bond to be redeemed in part shall be in the Principal Amount of $5,000 or any integral multiple thereof. The Official Statement may provide that (i) in the event that any portion of a Term Bond is optionally redeemed prior to maturity, the remaining mandatory sinking fund payments with respect to such Bond shall be reduced proportionately, or as otherwise directed by the District, in integral multiples of $5,000 principal amount, in respect of the portion of such Bond optionally redeemed, and (ii) within a maturity, Bonds shall be selected for redemption on a “Pro Rata PassThrough Distribution of Principal” basis in accordance with DTC procedures, provided further that, such redemption is made in accordance with the operational arrangements of DTC then in effect. (iii) Redemption Notice. When redemption is authorized pursuant to Section 5(b)(i) hereof, the Paying Agent, upon written instruction from the District, shall give notice (a “Redemption Notice”) of the redemption of the Bonds (or portions thereof). Such Redemption Notice shall specify: the Bonds or designated portions thereof (in the case of redemption of the Bonds in part but not in whole) which are to be redeemed, the date of redemption, the place or places where the redemption will be made, including the name and address of the Paying Agent, the redemption price, the CUSIP numbers (if any) assigned to the Bonds to be redeemed, the Bond numbers of the Bonds to be redeemed in whole or in part and, in the case of any Bond to be redeemed in part only, the portion of the Principal Amount of such Bond to be redeemed, and the original issue date, interest rate and stated maturity date of each Bond to be redeemed in whole or in part. Such Redemption Notice shall further state that on the specified date there shall become due and payable upon each Bond or portion thereof being redeemed at the redemption price thereof, together with the interest accrued to the redemption date, and that from and after such date, interest thereon shall cease to accrue. 7 DOCSSF/128660v2/200623-0001
The Paying Agent shall take the following actions with respect to each such Redemption Notice: (a) At least 20 but not more than 45 days prior to the redemption date, such Redemption Notice shall be given to the respective Owners of Bonds designated for redemption by registered or certified mail, postage prepaid, at their addresses appearing on the Bond Register. (b) At least 20 but not more than 45 days prior to the redemption date, such Redemption Notice shall be given by (i) registered or certified mail, postage prepaid, (ii) telephonically confirmed facsimile transmission, or (iii) overnight delivery service, to the Securities Depository. (c) At least 20 but not more than 45 days prior to the redemption date, such Redemption Notice shall be given by (i) registered or certified mail, postage prepaid, or (ii) overnight delivery service, to one of the Information Services. (d) Provide the Redemption Notice to such other persons as may be required pursuant to the Continuing Disclosure Certificate. A certificate of the Paying Agent or the District that a Redemption Notice has been given as provided herein shall be conclusive as against all parties. Neither failure to receive any Redemption Notice nor any defect in any such Redemption Notice so given shall affect the sufficiency of the proceedings for the redemption of the affected Bonds. Each check issued or other transfer of funds made by the Paying Agent for the purpose of redeeming Bonds shall bear or include the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. Such Redemption Notice may state that no representation is made as to the accuracy or correctness of CUSIP numbers printed thereon, or on the Bonds. With respect to any notice of optional redemption of Bonds (or portions thereof) pursuant to Section 5(b)(i) hereof, unless upon the giving of such notice such Bonds or portions thereof shall be deemed to have been defeased pursuant to Section 18 hereof, such notice shall state that such redemption shall be conditional upon the receipt by an independent escrow agent selected by the District on or prior to the date fixed for such redemption of the moneys necessary and sufficient to pay the Principal of, premium, if any, and interest on such Bonds (or portions thereof) to be redeemed, and that if such moneys shall not have been so received, said notice shall be of no force and effect, no portion of the Bonds shall be subject to redemption on such date and such Bonds shall not be required to be redeemed on such date. In the event that such Redemption Notice contains such a condition and such moneys are not so received, the redemption shall not be made and the Paying Agent shall within a reasonable time thereafter (but in no event later than the date originally set for redemption) give notice to the persons to whom and in the manner in which the Redemption Notice was given that such moneys were not so received. In addition, the District shall have the right to rescind any Redemption Notice, by written notice to the Paying Agent, on or prior to the date fixed for such redemption. The Paying Agent shall distribute a notice of the rescission of such Redemption Notice in the same manner as such notice was originally provided. (iv) Partial Redemption of Bonds. Upon the surrender of any Bond redeemed in part only, the Paying Agent shall execute and deliver to the Owner thereof a new Bond or Bonds of like tenor and maturity and of authorized denominations equal in Transfer Amounts to the unredeemed 8 DOCSSF/128660v2/200623-0001
portion of the Bond surrendered. Such partial redemption shall be valid upon payment of the amount required to be paid to such Owner, and the District shall be released and discharged thereupon from all liability to the extent of such payment. (v) Effect of Redemption Notice. Notice having been given as aforesaid, and the moneys for the redemption (including the interest accrued to the applicable date of redemption) having been set aside as provided in Section 18 hereof, the Bonds to be redeemed shall become due and payable on such date of redemption. If on such redemption date, money for the redemption of all the Bonds to be redeemed as provided in Section 5(b) hereof, together with interest accrued to such redemption date, shall be held in trust as provided in Section 18 hereof so as to be available therefor on such redemption date, and if a Redemption Notice thereof shall have been given as aforesaid, then from and after such redemption date, interest with respect to the Bonds to be redeemed shall cease to accrue and become payable. All money held for the redemption of Bonds shall be held in trust for the account of the Owners of the Bonds to be so redeemed. (vii) Bonds No Longer Outstanding. When any Bonds (or portions thereof), which have been duly called for redemption prior to maturity under the provisions of this Resolution, or with respect to which irrevocable instructions to call for redemption prior to maturity at the earliest redemption date have been given to the Paying Agent, in form satisfactory to it, and sufficient moneys shall be held irrevocably in trust for the payment of the redemption price of such Bonds or portions thereof, and accrued interest with respect thereto to the date fixed for redemption, all as provided in this Resolution, then such Bonds shall no longer be deemed Outstanding and shall be surrendered to the Paying Agent for cancellation. All Bonds paid at maturity or redeemed prior to maturity pursuant to the provisions of this Section 5 shall be cancelled upon surrender thereof and be delivered to or upon the order of the District. All or any portion of a Bond purchased by the District shall be cancelled by the Paying Agent. (c)
Book-Entry System.
(i) Election of Book-Entry System. The Bonds shall initially be delivered in the form of a separate single fully-registered bond (which may be typewritten) for each maturity date of such Bonds in authorized denominations. The ownership of each such Bond shall be registered in the Bond Register in the name of the Nominee, as nominee of the Depository and ownership of the Bonds, or any portion thereof may not thereafter be transferred except as provided in Section 5(c)(i)(4). With respect to book-entry Bonds, the District and the Paying Agent shall have no responsibility or obligation to any Participant or to any person on behalf of which such a Participant holds an interest in such book-entry Bonds. Without limiting the immediately preceding sentence, the District and the Paying Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of the Depository, the Nominee, or any Participant with respect to any ownership interest in book-entry Bonds, (ii) the delivery to any Participant or any other person, other than an Owner as shown in the Bond Register, of any notice with respect to book-entry Bonds, including any Redemption Notice, (iii) the selection by the Depository and its Participants of the beneficial interests in book-entry Bonds to be prepaid in the event the District redeems the Bonds in part, or (iv) the payment by the Depository or any Participant or any other person, of any amount with respect to Principal of, premium, if any, or interest on the book-entry Bonds. The District and the Paying Agent may treat and consider 9 DOCSSF/128660v2/200623-0001
the person in whose name each book-entry Bond is registered in the Bond Register as the absolute Owner of such book-entry Bond for the purpose of payment of Principal of, premium and interest on and to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent shall pay all Principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective Owner, as shown in the Bond Register, or his respective attorney duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the District’s obligations with respect to payment of Principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than an Owner, as shown in the Bond Register, shall receive a certificate evidencing the obligation to make payments of Principal of, premium, if any, and interest on the Bonds. Upon delivery by the Depository to the Owner and the Paying Agent, of written notice to the effect that the Depository has determined to substitute a new nominee in place of the Nominee, and subject to the provisions herein with respect to the Record Date, the word Nominee in this Resolution shall refer to such nominee of the Depository. 1. Delivery of Letter of Representations. In order to qualify the book-entry Bonds for the Depository’s book-entry system, the District and the Paying Agent shall execute and deliver to the Depository a Letter of Representations. The execution and delivery of a Letter of Representations shall not in any way impose upon the District or the Paying Agent any obligation whatsoever with respect to persons having interests in such book-entry Bonds other than the Owners, as shown on the Bond Register. By executing a Letter of Representations, the Paying Agent shall agree to take all action necessary at all times so that the District will be in compliance with all representations of the District in such Letter of Representations. In addition to the execution and delivery of a Letter of Representations, the District and the Paying Agent shall take such other actions, not inconsistent with this Resolution, as are reasonably necessary to qualify book-entry Bonds for the Depository’s book-entry program. 2. Selection of Depository. In the event (i) the Depository determines not to continue to act as securities depository for book-entry Bonds, or (ii) the District determines that continuation of the book-entry system is not in the best interest of the Beneficial Owners of the Bonds or the District, then the District will discontinue the book-entry system with the Depository. If the District determines to replace the Depository with another qualified securities depository, the District shall prepare or direct the preparation of a new single, separate, fully registered bond for each maturity date of such Outstanding book-entry Bond, registered in the name of such successor or substitute qualified securities depository or its Nominee as provided in subsection (4) hereof. If the District fails to identify another qualified securities depository to replace the Depository, then the Bonds shall no longer be restricted to being registered in such Bond Register in the name of the Nominee, but shall be registered in whatever name or names the Owners transferring or exchanging such Bonds shall designate, in accordance with the provisions of this Section 5(c). 3. Payments and Notices to Depository. Notwithstanding any other provision of this Resolution to the contrary, so long as all Outstanding Bonds are held in book entry form and registered in the name of the Nominee, all payments by the District or the Paying Agent with respect to Principal of, premium, if any, or interest on the Bonds and all notices with respect to such Bonds, including Redemption Notices, shall be made and given, respectively to the Nominee, as provided in the Letter of Representations or as otherwise required or instructed by the Depository and agreed to by the Paying Agent notwithstanding any inconsistent provisions herein. 10 DOCSSF/128660v2/200623-0001
4.
Transfer of Bonds to Substitute Depository.
(A) The Bonds shall be initially issued as described in the Official Statement described herein. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except: (1) to any successor of DTC or its nominee, or of any substitute depository designated pursuant to Section 5(c)(i)(4)(A)(2) (“Substitute Depository”); provided that any successor of DTC or Substitute Depository shall be qualified under any applicable laws to provide the service proposed to be provided by it; (2) to any Substitute Depository, upon (1) the resignation of DTC or its successor (or any Substitute Depository or its successor) from its functions as depository, or (2) a determination by the District that DTC (or its successor) is no longer able to carry out its functions as depository; provided that any such Substitute Depository shall be qualified under any applicable laws to provide the services proposed to be provided by it; or (3) to any person as provided below, upon (1) the resignation of DTC or its successor (or any Substitute Depository or its successor) from its functions as depository, or (2) a determination by the District that DTC or its successor (or Substitute Depository or its successor) is no longer able to carry out its functions as depository. (B) In the case of any transfer pursuant to Section 5(c)(i)(4)(A)(1) or (2), upon receipt of all Outstanding Bonds by the Paying Agent, together with a written request of the District to the Paying Agent designating the Substitute Depository, a single new Bond, which the District shall prepare or cause to be prepared, shall be executed and delivered for each maturity of Bonds then Outstanding, registered in the name of such successor or such Substitute Depository or their Nominees, as the case may be, all as specified in such written request of the District. In the case of any transfer pursuant to Section 5(c)(i)(4)(A)(3), upon receipt of all Outstanding Bonds by the Paying Agent, together with a written request of the District to the Paying Agent, new Bonds, which the District shall prepare or cause to be prepared, shall be executed and delivered in such denominations and registered in the names of such persons as are requested in such written request of the District, provided that the Paying Agent shall not be required to deliver such new Bonds within a period of less than sixty (60) days from the date of receipt of such written request from the District. (C) In the case of a partial redemption or an advance refunding of any Bonds evidencing a portion of the Principal maturing in a particular year, DTC or its successor (or any Substitute Depository or its successor) shall make an appropriate notation on such Bonds indicating the date and amounts of such reduction in Principal, in form acceptable to the Paying Agent, all in accordance with the Letter of Representations. The Paying Agent shall not be liable for such Depository’s failure to make such notations or errors in making such notations. (D) The District and the Paying Agent shall be entitled to treat the person in whose name any Bond is registered as the Owner thereof for all purposes of this Resolution and any applicable laws, notwithstanding any notice to the contrary received by the Paying Agent or the District; and the District and the Paying Agent shall not have responsibility for transmitting 11 DOCSSF/128660v2/200623-0001
payments to, communicating with, notifying, or otherwise dealing with any Beneficial Owners of the Bonds. Neither the District nor the Paying Agent shall have any responsibility or obligation, legal or otherwise, to any such Beneficial Owners or to any other party, including DTC or its successor (or Substitute Depository or its successor), except to the Owner of any Bonds, and the Paying Agent may rely conclusively on its records as to the identity of the Owners of the Bonds. SECTION 6. Execution of the Bonds. The Bonds shall be signed by the President of the Board, or other member of the Board authorized to sign on behalf of the President, by their manual or facsimile signature and countersigned by the manual or facsimile signature of the Secretary to or Clerk of the Board, or the designee thereof, all in their official capacities. No Bond shall be valid or obligatory for any purpose or shall be entitled to any security or benefit under this Resolution unless and until the certificate of authentication printed on the Bond is signed by the Paying Agent as authenticating agent. Authentication by the Paying Agent shall be conclusive evidence that the Bond so authenticated has been duly issued, signed and delivered under this Resolution and is entitled to the security and benefit of this Resolution. SECTION 7. Paying Agent; Transfer and Exchange. So long as any of the Bonds remain Outstanding, the District will cause the Paying Agent to maintain and keep at its designated office all books and records necessary for the registration, exchange and transfer of the Bonds as provided in this Section. Subject to the provisions of Section 8 below, the person in whose name a Bond is registered on the Bond Register shall be regarded as the absolute Owner of that Bond for all purposes of this Resolution. Payment of or on account of the Principal of, premium, if any, and interest on any Bond shall be made only to or upon the order of such Owner; neither the District nor the Paying Agent shall be affected by any notice to the contrary, but the registration may be changed as provided in this Section. All such payments shall be valid and effectual to satisfy and discharge the District’s liability upon the Bonds, including interest, to the extent of the amount or amounts so paid. Any Bond may be exchanged for Bonds of like Series, tenor, maturity and Transfer Amount upon presentation and surrender at the designated office of the Paying Agent, together with a request for exchange signed by the Owner or by a person legally empowered to do so in a form satisfactory to the Paying Agent. A Bond may be transferred on the Bond Register only upon presentation and surrender of the Bond at the designated office of the Paying Agent together with an assignment executed by the Owner or by a person legally empowered to do so in a form satisfactory to the Paying Agent. Upon exchange or transfer, the Paying Agent shall complete, authenticate and deliver a new bond or bonds of like tenor and of any authorized denomination or denominations requested by the Owner equal to the Transfer Amount of the Bond surrendered and bearing or accruing interest at the same rate and maturing on the same date. If any Bond shall become mutilated, the District, at the expense of the Owner of said Bond, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new Bond of like Series, tenor, maturity and Transfer Amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Paying Agent of the Bond so mutilated. If any Bond issued hereunder shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Paying Agent and, if such evidence be satisfactory to the Paying Agent and indemnity for the Paying Agent and the District satisfactory to the Paying Agent shall be given by the Owner, the District, at the expense of the Owner, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new Bond of like Series, tenor, maturity and Transfer Amount in lieu of and in substitution for the Bond so lost, destroyed or stolen (or if any such Bond shall have matured or shall have been called for 12 DOCSSF/128660v2/200623-0001
redemption, instead of issuing a substitute Bond the Paying Agent may pay the same without surrender thereof upon receipt of indemnity satisfactory to the Paying Agent and the District). The Paying Agent may require payment of a reasonable fee for each new Bond issued under this paragraph and of the expenses which may be incurred by the District and the Paying Agent. If signatures on behalf of the District are required in connection with an exchange or transfer, the Paying Agent shall undertake the exchange or transfer of Bonds only after the new Bonds are signed by the authorized officers of the District. In all cases of exchanged or transferred Bonds, the District shall sign and the Paying Agent shall authenticate and deliver Bonds in accordance with the provisions of this Resolution. All fees and costs of transfer shall be paid by the requesting party. Those charges may be required to be paid before the procedure is begun for the exchange or transfer. All Bonds issued upon any exchange or transfer shall be valid obligations of the District, evidencing the same debt, and entitled to the same security and benefit under this Resolution as the Bonds surrendered upon that exchange or transfer. Any Bond surrendered to the Paying Agent for payment, retirement, exchange, replacement or transfer shall be cancelled by the Paying Agent. The District may at any time deliver to the Paying Agent for cancellation any previously authenticated and delivered Bonds that the District may have acquired in any manner whatsoever, and those Bonds shall be promptly cancelled by the Paying Agent. Written reports of the surrender and cancellation of Bonds shall be made to the District by the Paying Agent as requested by the District. The cancelled Bonds shall be retained for three years, then returned to the District or destroyed by the Paying Agent as directed by the District. Neither the District nor the Paying Agent will be required to (a) issue or transfer any Bonds during a period beginning with the opening of business on the 16th day next preceding either any Bond Payment Date or any date of selection of Bonds to be redeemed and ending with the close of business on the Bond Payment Date or any day on which the applicable Redemption Notice is given or (b) transfer any Bonds which have been selected or called for redemption in whole or in part. SECTION 8. Payment. Payment of interest on any Bond shall be made on any Bond Payment Date to the person appearing on the Bond Register of the Paying Agent as the Owner thereof as of the Record Date immediately preceding such Bond Payment Date, such interest to be paid by wire transfer or check mailed to such Owner on the Bond Payment Date at his or her address as it appears on such Bond Register or at such other address as he or she may have filed with the Paying Agent for that purpose on or before the Record Date. The Owner in an aggregate Principal Amount of One Million Dollars ($1,000,000) or more may request in writing to the Paying Agent that such Owner be paid interest by wire transfer to the bank and account number on file with the Paying Agent as of the Record Date. The Principal, and redemption premiums, if any, payable on the Bonds shall be payable upon maturity or redemption upon surrender at the designated office of the Paying Agent. The Principal of, premiums, if any, and interest on, the Bonds shall be payable in lawful money of the United States of America. The Paying Agent is hereby authorized to pay the Bonds when duly presented for payment at maturity, and to cancel all Bonds upon payment thereof. The Bonds are obligations of the District payable solely from the levy of ad valorem property taxes upon all property within the District subject to taxation, which taxes shall be without limit as to rate or amount. The Bonds do not constitute an obligation of the County except as provided in this Resolution, and no part of any fund of the County is pledged or obligated to the payment of the Bonds. SECTION 9. Form of Bonds. The Bonds shall be in substantially the form as set forth in Exhibit A hereto, allowing those officials executing the Bonds to make the insertions and deletions 13 DOCSSF/128660v2/200623-0001
necessary to conform the Bonds to this Resolution and the Official Statement and to correct any defect or inconsistency therein or to cure any ambiguity or omission therein. SECTION 10. Delivery of Bonds. The proper officials of the District shall cause the Bonds to be prepared and, following their sale, shall have the Bonds signed and delivered, together with a true transcript of proceedings with reference to the issuance of the Bonds, to the original purchaser upon payment of the purchase price therefor. SECTION 11. Deposit of Proceeds of Bonds. (a) The purchase price received from the sale of the Bonds, to the extent of the Principal Amount thereof, shall be paid to the County to the credit of the fund hereby authorized to be created to be known as the “Anaheim Elementary School District General Obligation Bonds, Election of 2010, Series 2016 Building Fund” (the “Building Fund”) of the District, shall be kept separate and distinct from all other District and County funds, and those proceeds shall be used solely for the purpose for which the Bonds are being issued and provided further that such proceeds shall be applied solely to the purposes authorized by the voters of the District at the Election. The County shall have no responsibility for assuring the proper use of the Bond proceeds by the District. The Building Fund may contain subaccounts if the Bonds are issued in more than one Series. The purchase price received to the extent of any accrued interest and any net original issue premium, shall be paid to the County to the credit of the fund hereby authorized to be created to be known as the “Anaheim Elementary School District General Obligation Bonds, Election of 2010, Series 2016 Debt Service Fund” (the “Debt Service Fund”) for the Bonds and used for payment of Principal of and interest on the Bonds, and for no other purpose. The Debt Service Fund may contain subaccounts if the Bonds are issued in more than one Series. Interest earnings on monies held in the Building Fund shall be retained in the Building Fund. Interest earnings on monies held in the Debt Service Fund shall be retained in the Debt Service Fund. Any excess proceeds of the Bonds not needed for the authorized purposes set forth herein for which the Bonds are being issued upon written notice from the District shall be transferred to the Debt Service Fund and applied to the payment of Principal of and interest on the Bonds. If, after payment in full of the Bonds, there remain excess proceeds, any such excess amounts shall be transferred to the general fund of the District. The costs of issuance of the Bonds are hereby authorized to be paid either from premium withheld by the purchaser upon the sale of the Bonds, or from the Principal Amount of the Bonds. To the extent costs of issuance are paid from such proceeds, the District, may direct that a portion of the proceeds of the Bonds received from the purchaser, in an amount not to exceed 2.0% of the Principal Amount of the Bonds, in lieu of being deposited into the Building Fund, be deposited in a costs of issuance account to be held by a fiscal agent of the District appointed for such purpose. (b) Moneys in the Debt Service Fund and the Building Fund shall be invested, after consultation with the County, in Permitted Investments. If at the time of issuance the District determines to issue the Bonds as Tax-Exempt Bonds without regard to the Internal Revenue Code “temporary period” restrictions, all investment of Bond proceeds shall be subject to paragraph (1) below; and the District, in consultation with the County, may provide for an agent to assist the County in investing funds pursuant to paragraph (1) below. If the District fails to direct the County or its agent, as the case may be, the County or its agent shall invest or cause the funds in the Building Fund to be invested in Qualified Permitted Investments, subject to the provisions of paragraph (1) below, until such time as the District provides written direction to invest such funds otherwise. Neither the County nor its officers and agents, as the case may be, shall have any responsibility or obligation to determine the tax consequences of any investment. The interest earned on the moneys deposited to the Building Fund shall be applied as set forth in subparagraph (1)(C) below: 14 DOCSSF/128660v2/200623-0001
(1)
Covenant Regarding Investment of Proceeds.
(A) Permitted Investments. Beginning on the delivery date, and at all times until expenditure for authorized purposes, not less than 95% of the proceeds of the Bonds deposited in the Building Fund, including investment earnings thereon, will be invested in Qualified Permitted Investments. Notwithstanding the preceding provisions of this Section, for purposes of this paragraph, amounts derived from the disposition or redemption of Qualified Permitted Investments and held pending reinvestment or redemption for a period of not more than 30 days may be invested in Permitted Investments. The District hereby authorizes investments made pursuant to this Resolution with maturities exceeding five years. (B)
Recordkeeping and Monitoring Relating to Building Fund.
i. Information Regarding Permitted Investments. The District hereby covenants that it will record or cause to be recorded with respect to each Permitted Investment in the Building Fund the following information: purchase date; purchase price; information establishing the Fair Market Value of such Permitted Investment; face amount; coupon rate; periodicity of interest payments; disposition price; disposition date; and any accrued interest received upon disposition. ii. Information in Qualified Non-AMT Mutual Funds. The District hereby covenants that, with respect to each investment of proceeds of the Bonds in a Qualified Non-AMT Mutual Fund pursuant to paragraph (1)(A) above, in addition to recording, or causing to be recorded, the information set forth in paragraph (1)(B)(i) above, it will retain a copy of each IRS information reporting form and account statement provided by such Qualified Non-AMT Mutual Fund. iii. Monthly Investment Fund Statements. The District covenants that it will obtain, at the beginning of each month following the delivery date, a statement of the investments in the Building Fund detailing the nature, amount and value of each investment as of such statement date. iv. Retention of Records. The District hereby covenants that it will retain the records referred to in paragraph (1)(B)(i) and each IRS information reporting form referred to in paragraph (1)(B)(ii) with its books and records with respect to the Bonds until three years following the last date that any obligation comprising the Bonds is retired. (C) Interest Earned on Permitted Investments. The interest earned on the moneys deposited in the Building Fund shall be deposited in the Building Fund and used for the purposes of that fund. Except as required to satisfy the requirements of Section 148(f) of the Code, interest earned on the investment of moneys held in the Debt Service Fund shall be retained in the Debt Service Fund and used by the County to pay the Principal of and interest on the Bonds when due.
15 DOCSSF/128660v2/200623-0001
SECTION 12. Tax-Exempt Bonds.
Rebate Fund. The following provisions shall apply to any Bonds issued as
(a) The District shall create and establish a special fund designated the “Anaheim Elementary School District General Obligation Bonds, Election of 2010, Series 2016 Rebate Fund” (the “Rebate Fund”). All amounts at any time on deposit in the Rebate Fund shall be held in trust, to the extent required to satisfy the requirement to make rebate payments to the United States (the “Rebate Requirement”) pursuant to Section 148 of the Code, and the Treasury Regulations promulgated thereunder (the “Treasury Regulations”). Such amounts shall be free and clear of any lien hereunder and shall be governed by this Section and by the Tax Certificate to be executed by the District in connection with the Tax-Exempt Bonds (the “Tax Certificate”). (b) Within 45 days of the end of each fifth Bond Year (as such term is defined in the Tax Certificate), (1) the District shall calculate or cause to be calculated with respect to the Bonds the amount that would be considered the “rebate amount” within the meaning of Section 1.148-3 of the Treasury Regulations, using as the “computation date” for this purpose the end of such Bond Year, and (2) the District shall deposit to the Rebate Fund from amounts on deposit in the other funds established hereunder or from other District funds, if and to the extent required, amounts sufficient to cause the balance in the Rebate Fund to be equal to the “rebate amount” so calculated. The District shall not be required to deposit any amount to the Rebate Fund in accordance with the preceding sentence, if the amount on deposit in the Rebate Fund prior to the deposit required to be made under this subsection (b) equals or exceeds the “rebate amount” calculated in accordance with the preceding sentence. Such excess may be withdrawn from the Rebate Fund to the extent permitted under subsection (g) of this Section. The District shall not be required to calculate the “rebate amount” and shall not be required to deposit any amount to the Rebate Fund in accordance with this subsection (b), with respect to all or a portion of the proceeds of the Bonds (including amounts treated as proceeds of the Bonds) (1) to the extent such proceeds satisfy the expenditure requirements of Section 148(f)(4)(B) or Section 148(f)(4)(C) of the Code or Section 1.148-7(d) of the Treasury Regulations, whichever is applicable, and otherwise qualify for the exception to the Rebate Requirement pursuant to whichever of said sections is applicable, (2) to the extent such proceeds are subject to an election by the District under Section 148(f)(4)(C)(vii) of the Code to pay a one and one-half percent (1½%) penalty in lieu of arbitrage rebate in the event any of the percentage expenditure requirements of Section 148(f)(4)(C) are not satisfied, or (3) to the extent such proceeds qualify for the exception to arbitrage rebate under Section 148(f)(4)(A)(ii) of the Code for amounts in a “bona fide debt service fund.” In such event, and with respect to such amounts, the District shall not be required to deposit any amount to the Rebate Fund in accordance with this subsection (b). (c) Any funds remaining in the Rebate Fund after redemption of all the Bonds and any amounts described in paragraph (2) of subsection (d) of this Section, or provision made therefor satisfactory to the District, including accrued interest, shall be remitted to the District. (d) Subject to the exceptions contained in subsection (b) of this Section to the requirement to calculate the “rebate amount” and make deposits to the Rebate Fund, the District shall pay to the United States, from amounts on deposit in the Rebate Fund, (1) not later than 60 days after the end of (i) the fifth Bond Year, and (ii) each fifth Bond Year thereafter, an amount that, together with all previous rebate payments, is equal to at least 90% of the “rebate amount” calculated as of the end of such Bond Year in accordance with Section 1.148-3 of the Treasury Regulations; and 16 DOCSSF/128660v2/200623-0001
(2) not later than 60 days after the payment of all Bonds, an amount equal to 100% of the “rebate amount” calculated as of the date of such payment (and any income attributable to the “rebate amount” determined to be due and payable) in accordance with Section 1.148-3 of the Treasury Regulations. (e) In the event that, prior to the time any payment is required to be made from the Rebate Fund, the amount in the Rebate Fund is not sufficient to make such payment when such payment is due, the District shall calculate (or have calculated) the amount of such deficiency and deposit an amount equal to such deficiency into the Rebate Fund prior to the time such payment is due. (f) Each payment required to be made pursuant to subsection (d) of this Section shall be made to the Internal Revenue Service, on or before the date on which such payment is due, and shall be accompanied by Internal Revenue Service Form 8038-T, such form to be prepared or caused to be prepared by the District. (g) In the event that immediately following the calculation required by subsection (b) of this Section, but prior to any deposit made under said subsection, the amount on deposit in the Rebate Fund exceeds the “rebate amount” calculated in accordance with said subsection, the District may withdraw the excess from the Rebate Fund and credit such excess to the Debt Service Fund. (h) The District shall retain records of all determinations made hereunder until three years after the complete retirement of the Bonds. (i) Notwithstanding anything in this Resolution to the contrary, the Rebate Requirement shall survive the payment in full or defeasance of the Bonds. SECTION 13. Security for the Bonds. There shall be levied on all the taxable property in the District, in addition to all other taxes, a continuing direct ad valorem property tax annually during the period the Bonds are Outstanding in an amount sufficient to pay the Principal of and interest on the Bonds when due, which moneys when collected will be placed in the Debt Service Fund of the District, and used for the payment of the Principal of and interest on the Bonds when and as the same falls due, and for no other purpose. The District covenants to cause the County to take all actions necessary to levy such ad valorem property tax in accordance with this Section 13. Pursuant to Section 53515 of the Government Code, the Bonds shall be secured by a statutory lien on all revenues received pursuant to the levy and collection of ad valorem taxes for the payment thereof. Pursuant to Government Code sections 5450 and 5451, the District hereby pledges all revenues received from the levy and collection ad valorem property taxes for the payment of the Bonds and all amounts on deposit in the Debt Service Fund to the payment of the Bonds. Such pledge shall constitute a lien on and security interest in such taxes and amounts in the Debt Service Fund. This pledge shall constitute an agreement between the District and the Owners of the Bonds to provide security for the payment of the Bonds in addition to any statutory lien that may exist. The moneys in the Debt Service Fund, to the extent necessary to pay the Principal of and interest on the Bonds as the same become due and payable, shall be transferred by the Treasurer to the Paying Agent which, in turn, shall pay such moneys to DTC to pay such Principal and interest. DTC will thereupon make payments of Principal of and interest on the Bonds to the DTC Participants who 17 DOCSSF/128660v2/200623-0001
will thereupon make payments of such Principal and interest to the Beneficial Owners of the Bonds. Any moneys remaining in the Debt Service Fund after the Bonds and the interest thereon have been paid in full, or provision for such payment has been made, shall be transferred to the general fund of the District, pursuant to Education Code Section 15234. SECTION 14. Arbitrage Covenant. The District covenants that it will restrict the use of the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary, so that the Bonds will not constitute arbitrage bonds under Section 148 of the Code and the applicable regulations prescribed thereunder or any predecessor section. Calculations for determining arbitrage requirements are the sole responsibility of the District. SECTION 15. Conditions Precedent. The Board determines that all acts and conditions necessary to be performed by the Board or to have been met precedent to and in the issuing of the Bonds in order to make them legal, valid and binding general obligations of the District have been performed and have been met, or will at the time of delivery of the Bonds have been performed and have been met, in regular and due form as required by law; and that no statutory or constitutional limitation of indebtedness or taxation will have been exceeded in the issuance of the Bonds. SECTION 16. Official Statement. The Preliminary Official Statement relating to the Bonds, substantially in the form on file with the Secretary to the Board is hereby approved and the Authorized Officers, each alone, are hereby authorized and directed, for and in the name and on behalf of the District, to deliver such Preliminary Official Statement to the Financial Advisor, to be used in connection with the offering and sale of the Bonds. The Authorized Officers, each alone, are hereby authorized and directed, for and in the name and on behalf of the District, to deem the Preliminary Official Statement “final” pursuant to 15c2-12 of the Securities Exchange Act of 1934, prior to its distribution and to execute and deliver to the purchaser of the Bonds a final Official Statement, substantially in the form of the Preliminary Official Statement, with such changes therein, deletions therefrom and modifications thereto as the Authorized Officer executing the same shall approve. Execution of the Official Statement shall conclusively evidence the District’s approval of the Official Statement. SECTION 17. Insurance. In the event the District purchases bond insurance for the Bonds, and to the extent that the Bond Insurer makes payment of the Principal or interest on the Bonds, it shall become the Owner of such Bonds with the right to payment of such Principal or interest, and shall be fully subrogated to all of the Owners’ rights, including the Owners’ rights to payment thereof. To evidence such subrogation (i) in the case of subrogation as to claims that were past due interest, the Paying Agent shall note the Bond Insurer’s rights as subrogee on the Bond Register for the Bonds maintained by the Paying Agent upon receipt of a copy of the cancelled check issued by the Bond Insurer for the payment of such interest to the Owners of the Bonds, and (ii) in the case of subrogation as to claims for past due Principal, the Paying Agent shall note the Bond Insurer as subrogee on the Bond Register for the Bonds maintained by the Paying Agent upon surrender of the Bonds by the Owners thereof to the Bond Insurer or the insurance trustee for the Bond Insurer. SECTION 18. Defeasance. All or any portion of the Outstanding maturities of the Bonds may be defeased prior to maturity in the following ways: (a) Cash: by irrevocably depositing with an independent escrow agent selected by the District an amount of cash which, together with amounts transferred from the Debt Service Fund, if any, is sufficient to pay all Bonds Outstanding and designated for defeasance 18 DOCSSF/128660v2/200623-0001
(including all Principal thereof, accrued interest thereon and redemption premiums, if any) at or before their maturity date; or (b) Government Obligations: by irrevocably depositing with an independent escrow agent selected by the District noncallable Government Obligations together with amounts transferred from the Debt Service Fund, if any, and any other cash, if required, in such amount as will, together with interest to accrue thereon, in the opinion of an independent certified public accountant, be fully sufficient to pay and discharge all Bonds Outstanding and designated for defeasance (including all Principal thereof, accrued interest thereon and redemption premiums, if any) at or before their maturity date; then, notwithstanding that any of such Bonds shall not have been surrendered for payment, all obligations of the District with respect to all such designated Outstanding Bonds shall cease and terminate, except only the obligation of the independent escrow agent selected by the District to pay or cause to be paid from funds deposited pursuant to paragraphs (a) or (b) of this Section, to the Owners of such designated Bonds not so surrendered and paid all sums due with respect thereto. For purposes of this Section, Government Obligations shall mean: Direct and general obligations of the United States of America, or obligations that are unconditionally guaranteed as to principal and interest by the United States of America (which may consist of obligations of the Resolution Funding Corporation that constitute interest strips). In the case of direct and general obligations of the United States of America, Government Obligations shall include evidences of direct ownership of proportionate interests in future interest or principal payments of such obligations. Investments in such proportionate interests must be limited to circumstances where (i) a bank or trust company acts as custodian and holds the underlying United States obligations; (ii) the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor of the underlying United States obligations; and (iii) the underlying United States obligations are held in a special account, segregated from the custodian’s general assets, and are not available to satisfy any claim of the custodian, any person claiming through the custodian, or any person to whom the custodian may be obligated; provided that such obligations are rated or assessed at least as high as direct and general obligations of the United States of America by either Moody’s or S&P. SECTION 19. Nonliability of County. Notwithstanding anything to the contrary contained herein, in the Bonds or in any other document mentioned herein, neither the County, nor its officials, officers, employees or agents shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby, the Bonds are not a debt of the County or a pledge of the County’s full faith and credit, and the Bonds and any liability in connection therewith shall be paid solely from ad valorem property taxes lawfully levied to pay the Principal of or interest on the Bonds, which taxes shall be unlimited as to rate or amount. SECTION 20. Request to County to Levy Tax; Estimate of Tax Levy. The Board of Supervisors and officers of the County are obligated by statute to provide for the levy and collection of ad valorem property taxes in each year sufficient to pay all Principal of and interest coming due on the Bonds in such year, and to pay from such taxes all amounts due on the Bonds. The District hereby requests the Board of Supervisors to annually levy a tax upon all taxable property in the District sufficient to pay all such Principal and interest coming due on the Bonds in such year, and to pay from such taxes all amounts due on the Bonds. The Board hereby finds and determines that such ad valorem 19 DOCSSF/128660v2/200623-0001
taxes shall be levied specifically to pay the Bonds being issued to finance specific projects authorized by the voters of the District at the Election. SECTION 21. Other Actions. (a) Officers of the Board and District officials and staff are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to proceed with the issuance of the Bonds and otherwise carry out, give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken by such officers, officials and staff are hereby ratified, confirmed and approved. (b) The Board hereby appoints Piper Jaffray & Co. as the Financial Advisor and Stradling Yocca Carlson & Rauth, a Professional Corporation, as Bond Counsel and Disclosure Counsel, with respect to the issuance of the Bonds. (c) The provisions of this Resolution as they relate to the Bonds may be amended by the Official Statement. (d) To the extent the issuance of Bonds includes Long Current Interest Bonds, the useful life of any facility financed with such Long Current Interest Bonds will equal or exceed the maturity of such Long Current Interest Bonds. (e) The Board hereby appoints U.S. Bank National Association to act as escrow agent for the Prior Notes, and approves the form of the escrow agreement therefor, substantially in the form on file with the Secretary to the Board. SECTION 22. Resolution to County Treasurer-Tax Collector. The Secretary to this Board is hereby directed to provide a certified copy of this Resolution to the Treasurer and the AuditorController of the County immediately following its adoption. SECTION 23. Continuing Disclosure. The District hereby covenants and agrees that it will comply with and carry out all of the provisions of that certain Continuing Disclosure Certificate executed by the District and dated as of the Dated Date, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The Board hereby approves the form of the Continuing Disclosure Certificate appended to the form of Preliminary Official Statement on file with the Secretary to the Board as of the date hereof, and the Authorized Officers are hereby authorized to execute and deliver such Continuing Disclosure Certificate with such changes therein and modifications thereto as shall be approved by the Authorized Officer executing the same, such approval to be conclusively evidenced by such execution and delivery. Any Bond Holder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this Section. Noncompliance with this Section shall not result in acceleration of the Bonds. SECTION 24. passage.
Effective Date. This Resolution shall take effect immediately upon its
SECTION 25. Further Actions Authorized. It is hereby covenanted that the District, and its appropriate officials, have duly taken all actions necessary to be taken by them, and will take any additional actions necessary to be taken by them, for carrying out the provisions of this Resolution.
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SECTION 26. Recitals. All the recitals in this Resolution above are true and correct and this Board so finds, determines and represents. PASSED, ADOPTED AND APPROVED this 22nd day of June, 2016, by the following vote: AYES:
MEMBERS
NOES:
MEMBERS
ABSTAIN:
MEMBERS
ABSENT:
MEMBERS
President of the Board of Education ATTEST: ____________________________ Secretary to the Board of Education
21 DOCSSF/128660v2/200623-0001
SECRETARY’S CERTIFICATE I, Dr. Linda Wagner, Secretary to the Board of Education of the Anaheim Elementary School District, Orange County, California, hereby certify as follows: The foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the Board of Education of said District duly and regularly and legally held at the regular meeting place thereof on June 22, 2016, of which meeting all of the members of the Board of said District had due notice and at which a quorum was present. I have carefully compared the same with the original minutes of said meeting on file and of record in my office and the foregoing is a full, true and correct copy of the original Resolution adopted at said meeting and entered in said minutes. Said Resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: June __, 2016
Secretary to the Board of Education of the Anaheim Elementary School District
22 DOCSSF/128660v2/200623-0001
EXHIBIT A FORM OF BONDS REGISTERED NO.
REGISTERED $
ANAHEIM ELEMENTARY SCHOOL DISTRICT (ORANGE COUNTY, CALIFORNIA) GENERAL OBLIGATION BONDS, ELECTION OF 2010, SERIES 2016 INTEREST RATE: ______% per annum REGISTERED OWNER:
MATURITY DATE: August 1, 20___
DATED AS OF: ______, 20__
CUSIP
CEDE & CO.
PRINCIPAL AMOUNT: The Anaheim Elementary School District (the “District”) in Orange County, California (the “County”), for value received, promises to pay to the Registered Owner named above, or registered assigns, the Principal Amount on the Maturity Date, each as stated above, and interest thereon until the Principal Amount is paid or provided for at the Interest Rate stated above, on February 1 and August 1 of each year (the “Bond Payment Dates”), commencing February 1, 2017. This Bond will bear interest from the Bond Payment Date next preceding the date of authentication hereof unless it is authenticated as of a day during the period from the 16th day of the month next preceding any Bond Payment Date to the Bond Payment Date, inclusive, in which event it shall bear interest from such Bond Payment Date, or unless it is authenticated on or before January 15, 2017, in which event it shall bear interest from the Dated Date. Interest shall be computed on the basis of a 360-day year of 12, 30-day months. Principal and interest are payable in lawful money of the United States of America, without deduction for the paying agent services, to the person in whose name this Bond (or, if applicable, one or more predecessor bonds) is registered, such owner being the Registered Owner, on the Register maintained by the Paying Agent, initially U.S. Bank National Association. Principal is payable upon presentation and surrender of this Bond at the designated office of the Paying Agent. Interest is payable by check or draft mailed by the Paying Agent on each Bond Payment Date to the Registered Owner of this Bond (or one or more predecessor bonds) as shown and at the address appearing on the Register at the close of business on the 15th day of the calendar month next preceding that Bond Payment Date (the “Record Date”). The Owner of Bonds in the aggregate principal amount of $1,000,000 or more may request in writing to the Paying Agent that the Owner be paid interest by wire transfer to the bank and account number on file with the Paying Agent as of the Record Date. This Bond is one of an authorization of Bonds approved to raise money for the purposes authorized by voters of the District at the Election (defined herein) and to pay all necessary legal, financial, engineering and contingent costs in connection therewith under authority of and pursuant to the laws of the State of California, and the requisite vote of the electors of the District cast at a general election held on November 2, 2010 (the “Election”), upon the question of issuing bonds in the amount of $169,300,000 and the resolution of the Board of Education of the District adopted on June 22, 2016 A-1 DOCSSF/128660v2/200623-0001
(the “Bond Resolution”). This Bond is being issued under the provisions of Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code. This Bond and the issue of which this Bond is one are payable as to both principal and interest solely from the proceeds of the levy of ad valorem property taxes on all property subject to such taxes in the District, which taxes are unlimited as to rate or amount in accordance with California Education Code Sections 15250 and 15252. The Bonds of this issue comprise $______ principal amount of Current Interest Bonds, of which this Bond is a part (collectively, the “Bonds”). This Bond is exchangeable and transferable for Bonds of like series, tenor, maturity and Transfer Amount (as defined in the Bond Resolution) and in authorized denominations at the designated office of the Paying Agent, by the Registered Owner or by a person legally empowered to do so, in a form satisfactory to the Paying Agent, all subject to the terms, limitations and conditions provided in the Bond Resolution. All fees and costs of transfer shall be paid by the transferor. The District and the Paying Agent may deem and treat the Registered Owner as the absolute owner of this Bond for the purpose of receiving payment of or on account of principal or interest and for all other purposes, and neither the District nor the Paying Agent shall be affected by any notice to the contrary. Neither the District nor the Paying Agent will be required to (a) issue or transfer any Bond during a period beginning with the opening of business on the 16th day next preceding either any Bond Payment Date or any date of selection of Bonds to be redeemed and ending with the close of business on the Bond Payment Date or day on which the applicable notice of redemption is given or (b) transfer any Bond which has been selected or called for redemption in whole or in part. The Bonds maturing on or before August 1, 20__ are not subject to optional redemption prior to their respective maturity dates. The Bonds maturing on or after August 1, 20__ are subject to optional redemption prior to their respective maturity dates at the option of the District, from any source of available funds, as a whole or in part on any date on or after August 1, 20__, at a redemption price equal to the principal amount of the Bonds called for redemption, together with accrued interest to the date fixed for redemption, without premium. The Bonds maturing on August 1, 20__, are subject to redemption prior to maturity from mandatory sinking fund payments on August 1 of each year, on and after August 1, 20__, at a redemption price equal to the principal amount thereof, together with accrued interest to the date fixed for redemption, without premium. The principal amount represented by such Bonds to be so redeemed and the dates therefor and the final principal payment date are as indicated in the following table: Redemption Dates
Principal Amounts
TOTAL If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected as directed by the District, and if not so directed, by lot by the Paying Agent in such manner as the Paying Agent may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. If less than all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds or portions thereof to be redeemed shall be A-2 DOCSSF/128660v2/200623-0001
called by the Paying Agent in any order directed by the District and, if not so directed, in the inverse order of maturity. Reference is made to the Bond Resolution for a more complete description of certain defined terms used herein, as well as the provisions, among others, with respect to the nature and extent of the security for the Bonds of this series, the rights, duties and obligations of the District, the Paying Agent and the Registered Owners, and the terms and conditions upon which the Bonds are issued and secured. The Registered Owner of this Bond assents, by acceptance hereof, to all of the provisions of the Bond Resolution. It is certified and recited that all acts and conditions required by the Constitution and laws of the State of California to exist, to occur and to be performed or to have been met precedent to and in the issuing of the Bonds in order to make them legal, valid and binding general obligations of the District, have been performed and have been met in regular and due form as required by law; that no statutory or constitutional limitation on indebtedness or taxation has been exceeded in issuing the Bonds; and that due provision has been made for levying and collecting ad valorem property taxes on all of the taxable property within the District in an amount sufficient to pay principal of and interest on the Bonds when due. This Bond shall not be valid or obligatory for any purpose and shall not be entitled to any security or benefit under the Bond Resolution until the Certificate of Authentication below has been signed. [REMAINDER OF PAGE LEFT BLANK]
A-3 DOCSSF/128660v2/200623-0001
IN WITNESS WHEREOF, the Anaheim Elementary School District, Orange County, California, has caused this Bond to be executed on behalf of the District and in their official capacities by the manual or facsimile signature of the President of the Board of Education of the District, and to be countersigned by the manual or facsimile signature of the [Secretary to/Clerk of] the Board of Education of the District, all as of the date stated above. ANAHEIM ELEMENTARY SCHOOL DISTRICT
By:
(Facsimile Signature) President of the Board of Education
COUNTERSIGNED: (Facsimile Signature) [Secretary to/Clerk of] the Board of Education
CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Bond Resolution referred to herein which has been authenticated and registered on ______, 2016. By: U.S. BANK NATIONAL ASSOCIATION, as Paying Agent
______________________________________________ Authorized Officer
A-4 DOCSSF/128660v2/200623-0001
ASSIGNMENT For value received, the undersigned sells, assigns and transfers to (print or typewrite name, address and zip code of Transferee): ___________________________________________________ this Bond and irrevocably constitutes and appoints attorney to transfer this Bond on the books for registration thereof, with full power of substitution in the premises.
Dated: ________________________
_____________________________
Signature Guaranteed:
_____________________________
Notice:
The assignor’s signature to this assignment must correspond with the name as it appears upon the within bond in every particular, without alteration or any change whatever, and the signature(s) must be guaranteed by an eligible guarantor institution. Social Security Number, Taxpayer Identification Number or other identifying number of Assignee: ______
Unless this certificate is presented by an authorized representative of The Depository Trust Company to the issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. LEGAL OPINION The following is a true copy of the opinion rendered by Stradling Yocca Carlson & Rauth, a Professional Corporation in connection with the issuance of, and dated as of the date of the original delivery of, the Bonds. A signed copy is on file in my office. (Facsimile Signature) [Secretary to/Clerk of] the Board of Education
A-5 DOCSSF/128660v2/200623-0001
EXHIBIT B NOTICE INVITING PROPOSALS FOR PURCHASE OF BONDS $64,000,000* ANAHEIM ELEMENTARY SCHOOL DISTRICT (ORANGE COUNTY, CALIFORNIA) GENERAL OBLIGATION BONDS, ELECTION OF 2010, Series 2016 NOTICE IS HEREBY GIVEN that sealed unconditioned proposals will be received to and including the hour of 9:00 a.m., Pacific Standard Time, on _______, 2016, at the offices of Piper Jaffray & Co., 2321 Rosecrans Avenue, Suite 3200, El Segundo, California 90245 (the “Financial Advisor”), in the manner described below, for the purchase of all, but not less than all, of $64,000,000* principal amount of Anaheim Elementary School District (Orange County, California) General Obligation Bonds, Election of 2010, Series 2016 (the “Bonds”). Proposals must be submitted electronically via i-Deal LLC’s (“i-Deal”) Parity Electronic Bid Submission System (“PARITY”), a division of Thomson Information Services, Inc., in the manner described below, for the purchase of all, but not less than all, of $64,000,000* principal amount of the Bonds. In the event that the sale has not been awarded by the designated time, bids will be received at a subsequent time and date to be determined by the Anaheim Elementary School District (the “District”) and publicized via the Bond Buyer or the Bond Buyer Wire or Thomson Municipal Market Monitor (www.tm3.com). I.
Issue:
The Bonds will be dated the date of delivery, will be in the denomination of $5,000 each, or integral multiples thereof, and will bear interest from the date of delivery of the Bonds to the maturity of each of the Bonds at the rate or rates such that the true interest cost (the “TIC”) shall not exceed ___%, with interest payable semiannually on February 1 and August 1 of each year during the term of each of the Bonds, commencing February 1, 2017. The Bonds will mature on August 1 in each of the years set forth in the following schedule: MATURITY DATE
II.
PRINCIPAL AMOUNT*
Option to Elect Term Bonds:
The purchaser may elect to combine any number of consecutive maturities of Bonds for which an identical interest rate has been specified to comprise term bonds by indicating such an election in their bid. The election to create term bonds in such manner will require the creation of a *
Preliminary, subject to change.
B-1 DOCSSF/128660v2/200623-0001
mandatory sinking fund so that the sinking fund redemption payments shall equal the corresponding serial bond maturity amounts. III.
Adjustment of Principal Amounts:
The estimated principal amount of each maturity of Bonds set forth above reflect certain assumptions of the District and the Financial Advisor with respect to the likely interest rates of the winning bid or bids. Following the determination of the successful bidder or bidders, the Assistant Superintendent of Administrative Services, on behalf of the District, reserves the right to increase or decrease the principal amount of each maturity of the Bonds, in $5,000 increments of principal amounts. Such adjustment shall be made within 26 hours of the bid opening and in the sole discretion of the District, upon recommendation of the Financial Advisor. In the event of any such adjustment, no rebidding or recalculation of the bids submitted will be required or permitted and the successful bid or bids may not be withdrawn, and the successful bidder will not be permitted to change the interest rate(s) in its bid for the Bonds. The percentage compensation to be paid to the successful bidder will not change if the maturity schedule is adjusted. IV.
Interest Rates:
All bids for the purchase of the Bonds must state the rate or rates of interest to be paid for each maturity of Bonds offered and bid price for such Bonds. All Bonds of the same maturity must bear the same rate of interest and no Bond may bear more than one rate. The maximum interest rate bid for each maturity may not exceed ____ percent (__%), and the TIC may not exceed six percent (8.0%). Bidders may specify any number of different rates to be borne on the Bonds; provided that, all interest rates must be in multiples of 1/8 or 1/20 of one percent and a zero rate of interest cannot be specified. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. V.
Redemption:
The Bonds maturing on or before August 1, 20__ are not subject to optional redemption prior to their respective maturity dates. The Bonds maturing on or after August 1, 20__ are subject to optional redemption prior to their respective maturity dates at the option of the District, from any source of available funds, as a whole or in part on any date on or after August 1, 20__, at a redemption price equal to the principal amount of the Bonds called for redemption, together with accrued interest to the date fixed for redemption, without premium. VI.
Notice of Redemption:
Notice of redemption of any Bond will be mailed to the Registered Owner of each Bond to be redeemed in whole or in part at the address shown on the registration records maintained by U.S. Bank National Association, as the paying agent (the “Paying Agent”) designated for this issue of Bonds; such mailing to be not more than 45 nor less than 20 days prior to the date set for redemption. Neither failure to receive such notice nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the redemption of Bonds.
B-2 DOCSSF/128660v2/200623-0001
VII.
Costs of Issuance:
[The winning bidder will not be required to pay any costs of issuance associated with the Bonds, except as described in Sections XVII and XXIV. Such costs of issuance, [excluding][including] the winning bidder’s compensation, will be paid by the District solely from the aggregate proceeds of the Bonds eligible to be deposited into the Building Fund (as such term is defined in the Preliminary Official Statement) held by the County of Orange on behalf of the District. [The winning bidder’s compensation will be paid by the District from the premium generated from the sale of the Bonds.] The District reserves the right to instruct the winning bidder of the Bonds to retain from the premium generated from the sale of the Bonds an amount equal to the winning bidder’s compensation. The District further reserves the right to instruct the winning bidder to wire a portion of the purchase price, in amount not to exceed 2% of the principal amount of the Bonds, to a cost of issuance custodian selected by the District.] By the submission of its bid pursuant to the provisions hereof, each bidder will be deemed to have represented that its underwriting discount shall not exceed __% of the principal amount of the Bonds. VIII. Premium/Discount Bonds: [The District has elected to deposit the premium generated from the sale of the Bonds, net of the winning bidder’s compensation, into the debt service fund established therefor, to be used to pay interest on the Bonds.] Premium deposited into the debt service fund may not be used to pay principal of the Bonds. Bidders may not bid a purchase price (calculated as principal plus premium minus the bidder’s compensation) of more than ___% of the aggregate principal amount of the Bonds. No bid submitted at a purchase price less than the aggregate principal amount of the Bonds will be considered. IX.
Registration of Bonds as to Principal and Interest and Place of Payment:
The Bonds, when delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). DTC will act as securities depository of the Bonds. Individual purchases will be made in book-entry form only, in the denominations of $5,000 and integral multiples thereof. Purchasers will not receive physical certificates representing their interest in the Bonds purchased. Principal and interest are payable in lawful money of the United States of America and will be paid to DTC which in turn will remit such amounts to the beneficial owners of the Bonds through DTC’s Participants, as described in the Preliminary Official Statement. X.
Authority:
The Bonds will be issued pursuant to the Constitution and laws of the State of California and pursuant to Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. The issuance of the Bonds was authorized by the requisite fifty-five percent vote of the qualified electors of the District voting at an election held on November 2, 2010. XI.
Security: B-3
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Both the principal of and interest on the Bonds are payable solely from an ad valorem property tax levied against all of the property within the District subject to taxation by the District, without limitation as to rate or amount (except certain personal property which is taxable at limited rates).. XII.
Form of Bid:
All bids must be submitted electronically via PARITY, pursuant to the procedures described below, and all such bids shall be deemed to constitute a Bid for Purchase of the Bonds and shall be deemed to incorporate by reference all of the terms and conditions of this Notice Inviting Proposals for Purchase of Bonds. The submission of a bid electronically via PARITY shall constitute and be deemed the bidder’s signature on the Bid for Purchase of the Bonds. XIII. Procedures Regarding Electronic Bidding: Bids must be submitted electronically via PARITY in accordance with this Notice Inviting Proposals for Purchase of Bonds, until 9:00 a.m., California Time, on ________, 2016, but no bid will be received after the time for receiving bids specified above. To the extent any instructions or directions set forth in PARITY conflict with this Notice Inviting Proposals for Purchase of Bonds, the terms of this Notice Inviting Proposals for Purchase of Bonds shall control. For further information about PARITY, potential bidders may contact the District’s Financial Advisor, Timothy Carty of Piper Jaffray & Co. at (310) 702-1530 or PARITY at i-Deal at (212) 849-5021. In the event that a bid for the Bonds is submitted via PARITY, the bidder further agrees that: 1. Once the bids are communicated electronically via PARITY to the District as described herein, each bid will constitute a Bid for Purchase of the Bonds and shall be deemed to be an irrevocable offer to purchase the Bonds on the terms provided in this Notice Inviting Proposals for Purchase of Bonds. If a bid submitted electronically via PARITY is accepted by the District, the terms of the Bid for Purchase of the Bonds and the Notice Inviting Proposals for Purchase of Bonds and the information that is electronically transmitted through PARITY (including information about the purchase price of the Bonds, the coupon interest rate or rates to be borne by the various maturities of the Bonds, the initial public offering price of each maturity and any other information included in such transmission) shall form a contract and the successful bidder shall be bound by the terms of such contract. 2. PARITY is not an agent of the District, and the District shall have no liability whatsoever based on any bidder’s use of PARITY, including but not limited to any failure by PARITY to correctly or timely transmit information provided by the District or information provided by the bidder. 3. The District may choose to discontinue use of electronic bidding via PARITY by issuing a notification to such effect via PARITY’s internet site (www.tm3.com) no later than 1:00 P.M. (California Time) on the last business day prior to the date of sale. In such case, a substitute bidding arrangement will be described in an amended Notice Inviting Proposals for Purchase of Bonds. 4. For purposes of submitting all Bids for Purchase of the Bonds, the time as maintained on PARITY shall constitute the official time. No bid received after the deadline shall be considered. B-4 DOCSSF/128660v2/200623-0001
In any case, each bid must be in accordance with the terms and conditions set forth in this official Notice Inviting Proposals for Purchase of Bonds. 5. Each bidder shall be solely responsible to make necessary arrangements to access PARITY for purposes of submitting its bid in a timely manner and in compliance with this Notice Inviting Proposals for Purchase of Bonds. Neither the District nor i-Deal shall have any duty or obligation to undertake such registration to bid for any prospective bidder or to provide or assure such access to any qualified prospective bidder, and neither the District nor i-Deal shall be responsible for a bidder’s failure to register to bid or for proper operation of, or have any liability for any delays or interruptions of, or any damages caused by, PARITY. The District is using PARITY as a communication mechanism, and not as the District’s agent, to conduct the electronic bidding for the Bonds. By using PARITY, each bidder agrees to hold the District harmless for any harm or damages caused to such bidder in connection with its use of PARITY for bidding on the Bonds. XIV.
Estimate of True Interest Cost:
Bidders are requested (but not required) to supply an estimate of the total true interest cost to the District on the basis of their respective bids, which shall be considered as informative only and not binding on either the bidder or the Board of Education of the District. XV.
Deposit:
Except as otherwise provided below, the successful bidder will be required to provide a good faith deposit (the “Deposit”) in the form of a wire transfer made payable to Anaheim Elementary School District in the amount of $_____ prior to the official award. The wire transfer must be transmitted in immediately available funds and sent to the account of the District at the Treasurer and Tax Collector of the County of Orange, at the wire address specified in Section XXIII herein. The Financial Advisor will request the apparent winning bidder to immediately wire the Deposit (as provided in Section XXIII hereto) and provide the Federal wire reference number of such Deposit to the Financial Advisor within 90 minutes of such request by the Financial Advisor. The Bonds will not be officially awarded to a bidder who has not submitted a Deposit in the form of a wire transfer, together with its Federal wire reference number, as provided above. No interest on the Deposit will accrue to any bidder. The Deposit (without accruing interest) of the winning bidder will be applied to the purchase price of the Bonds. In the event the winning bidder fails to honor its accepted bid, the Deposit plus any interest accrued on the Deposit will be retained by the District. Any investment income earned on the Deposit will be paid to the successful bidder in the event the District is unable to deliver the Bonds. Deposits accompanying bids other than the bid which is accepted will be returned promptly upon the determination of the best bidder. XVI.
Qualification for Sale; Blue Sky:
The purchaser will assume responsibility for taking any action necessary to qualify the Bonds for offer and sale in jurisdictions other than California, and for complying with the laws of all B-5 DOCSSF/128660v2/200623-0001
jurisdictions on resale of the Bonds, and shall indemnify, defend and hold harmless the District and their respective officers and officials from any loss or damage resulting from any failure to comply with any such law. Compliance with Blue Sky Laws shall be the sole responsibility of the purchaser, and the purchaser shall pay all fees and disbursements related to the qualification of the bonds for sale under the securities or Blue Sky laws of various jurisdictions. The District will furnish such information and take such action not inconsistent with law as the purchaser may request and the District shall deem necessary or appropriate to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States of America as may be designated by the purchaser, provided, however, that the District shall not execute a general or special consent to service of process or qualify to do business in connection with such qualification or determination in any jurisdiction. The purchaser will not offer to sell, or solicit any offer to buy, the Bonds in any jurisdiction where it is unlawful for such purchaser to make such offer, solicitation or sale, and the purchaser shall comply with the Blue Sky and other securities laws and regulations of the states and jurisdictions. XVII. CUSIP Numbers and Other Fees: CUSIP numbers will be applied for and will be printed on the Bonds and the cost of printing thereof and service bureau assignment will be the purchaser’s responsibility. Any delay, error or omission with respect thereto will not constitute cause for the purchaser to refuse to accept delivery of and pay for the Bonds. The successful bidder shall also be required to pay all fees required by The Depository Trust Company, Bond Market Association, Municipal Securities Rulemaking Board, and any other similar entity imposing a fee in connection with the issuance of the Bonds (see, “— California Debt and Investment Advisory Commission” below). XVIII. Legal Opinion: The Bonds are sold with the understanding that the purchaser will be furnished with the approving opinion of Bond Counsel, Stradling Yocca Carlson & Rauth, a Professional Corporation. A copy of the opinion will be attached to the Bonds. Said attorneys have been retained by the District as Bond Counsel and in such capacity are to render their opinion only upon the legality of the Bonds under California law and on the exemption of the interest income on such Bonds from federal and State of California income taxes. Fees of Bond Counsel will be paid by the District from the costs of issuance. XIX.
Tax-Exempt Status:
In the opinion of Bond Counsel, under existing laws, interest on the Bonds is exempt from all present State of California personal income taxes, and assuming compliance with certain covenants made by the District, interest on the Bonds is not includable in the gross income of the Owners of the Bonds for federal income tax purposes, provided that such interest may be included in the calculation for certain taxes, including the corporate alternative minimum tax. Should changes in the law cause Bond Counsel’s opinion to change prior to delivery of the Bonds to the purchaser, the purchaser will be relieved of its responsibility to pick up and pay for the Bonds, and in that event its Deposit will be returned.
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XX.
Certification of Reoffering Price:
As soon as practicable, but not later than one day prior to the date of delivery of the Bonds, the successful bidder must submit to the District a certificate regarding the issue price of the Bonds, substantially in the form attached as Exhibit A hereto. The final form of such certificate shall be in a form and substance satisfactory to Bond Counsel, and shall include such additional information as may be required thereby. XXI.
Award:
The Bonds will be awarded to the responsible bidder submitting the best responsive bid, considering the coupon interest rate or rates and the purchase price specified in the bid. The best bid will be the bid that conforms with the provisions of this Notice Inviting Proposals for Purchase of Bonds and represents the lowest TIC to the District for the Bonds, taking into consideration the interest rate specified, and premium thereon, if any. The TIC is the discount rate that, when compounded semiannually and used to discount all debt service payments on the Bonds back to the date of delivery of such Bonds, results in an amount equal to the purchase price bid for said Bonds. In the event that two or more bidders offer bids for the Bonds at the same lowest TIC, the District will determine by lottery which bidder will be awarded the Bonds. For the purpose of calculating the TIC, the mandatory sinking fund payments, if any, shall be treated as serial maturities in such years. The determination of the bid representing the lowest TIC will be made without regard to any adjustments made or contemplated to be made after the award by the Assistant Superintendent of Administrative Services, as described herein under “Adjustment of Principal Amounts,” even if such adjustments have the effect of raising the TIC of the successful bid to a level higher than the bid containing the next lowest TIC prior to adjustment. XXII. Prompt Award: The Assistant Superintendent of Administrative Services of the District, or his designee, will take action awarding the Bonds or rejecting all bids not later than twenty-six (26) hours after the expiration of the time herein prescribed for the receipt of bid proposals, unless such time of award is waived by the successful bidder. Notice of the award will be given promptly to the successful bidder. XXIII. Delivery: Delivery of the Bonds will be made to the purchaser through DTC upon payment of the purchase price in federal funds payable to or for the account of the District at the County of Orange, Treasurer and Tax Collector, 620 North Ross Street, Building 11, Room G-76, P.O. Box 4515, Santa Ana, California 92702, Wire Transfer to: ___________________, crediting account name: “_________” and account number ____________, Ref: Anaheim Elementary School District Election of 2010 General Election Bonds, Series 2016, Attn: _________ (phone: _________). The Closing will take place at the offices of Stradling Yocca Carlson & Rauth, a Professional Corporation, 44 Montgomery Street, Suite 4200, San Francisco, California 94104, or at the purchaser’s request and expense, at any other place mutually agreeable to both the District and the purchaser, on ________, 2016.
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XXIV. California Debt and Investment Advisory Commission: The successful bidder will be required, pursuant to State of California law, to pay any fees to the California Debt and Investment Advisory Commission (“CDIAC”). CDIAC will invoice the successful bidder after the closing of the Bonds. XXV. No Litigation and Non-Arbitrage: The District will deliver a certificate stating that no litigation is pending affecting the issuance and sale of the Bonds. The District will also deliver an arbitrage certificate covering its reasonable expectations concerning the Bonds and the use of proceeds thereof. XXVI. Official Statement: The District will make available a Preliminary Official Statement relating to the Bonds, a copy of which, along with related documents, will be furnished upon request made by mail to Piper Jaffray & Co., 2321 Rosecrans Avenue, Suite 3200, El Segundo, California 90245, Attn: Timothy Carty, [email protected], the District’s Financial Advisor, or telephoned to said Financial Advisor at (310) 702-1530. Such Preliminary Official Statement, together with any supplements thereto, shall be in a form “deemed final” by the District for the purposes of SEC Rule 15c2-12(b)(1), but is subject to revision, amendment and completion in a final version thereof (the “Official Statement”). Each bidder must read the entire Preliminary Official Statement prior to bidding on the Bonds, to obtain information essential to the making of an informed decision to bid. This Notice Inviting Proposals for Purchase of Bonds contains certain information for general reference only, and is not a complete summary of the issue. The Internet posting of the Preliminary Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of, the securities described in the Preliminary Official Statement, in any jurisdiction in which such offer, solicitation, or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. Copies of the Official Statement will be made available to the purchaser without charge, up to an amount of 10 copies, within seven business days of the date of sale and additional copies will be made available upon request at the purchaser’s expense. The District will deliver, at the closing, a certificate executed by an authorized officer of the District, acting in their official capacity, to the effect that the Official Statement does not contain any untrue statement of a material fact, or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they are made, not misleading. The District undertakes that for a certain period of up to twenty-five (25) days following the end of the “underwriting period” as defined in Rule 15c2-12(b)(5) promulgated under the Securities Exchange Act of 1934 (the “Rule”), it will (i) apprise the winning bidder if any event shall occur, or information comes to the attention of the District that, in the reasonable judgment of the District, is reasonably likely to cause the Official Statement (whether or not previously supplemented or amended) to contain any untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and (ii) if requested by the winning bidder, prepare a supplement to the final B-8 DOCSSF/128660v2/200623-0001
Official Statement with respect to such event or information. The District will presume, unless notified in writing by the winning bidder, that the end of the underwriting period will occur on the date of the delivery of the Bonds. By making a bid on the Bonds, the winning bidder agrees (i) to disseminate to all members of the underwriting syndicate, if any, copies of the final Official Statement, including any supplements prepared by the District, and to file a copy of the final Official Statement, including any supplements prepared by the District, with the Municipal Securities Rulemaking Board (the “MSRB”) through its Electronic Municipal Market Access (“EMMA”) system (as provided by the Rule) within one business day after receipt thereof from the District or its designee, but in any event, no later than the date of closing and (ii) to take any and all other actions necessary to comply with the applicable rules of the Securities and Exchange Commission and the MSRB governing the offering, sale and delivery of the Bonds to the ultimate purchasers. XXVII.
Continuing Disclosure:
In order to assist bidders in complying with the Rule, the District will undertake in a Continuing Disclosure Certificate to provide certain annual financial information and notices of the occurrence of listed events enumerated therein. A description of this undertaking and a form of the Continuing Disclosure Certificate are included in the Preliminary Official Statement. XXVIII.
Ratings:
S&P Global Ratings, a business unit of a Standard & Poor’s Financial Services LLC and Moody’s Investors Service have assigned to the Bonds the ratings shown on the cover page of the Preliminary Official Statement or, if not so indicated, will be available upon request from the Financial Advisor. Such ratings reflect only the views of such organizations and explanation of the significance of such ratings may be obtained from them as follows: Standard & Poor’s, 55 Water Street, New York, New York 10041, (212) 438-2000, and Moody’s Investors Service, 7 World Trade Center at 250 Greenwich Street, New York, New York 10007, (212) 553-1658. There is no assurance that the ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by either of the rating agencies, if, in the judgment of such agencies, circumstances so warrant. Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price of the Bonds.
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XXIX.
Right to Cancel, Postpone, or Reschedule Sale:
The District reserves the right to cancel, postpone or reschedule the sale of the Bonds upon notice given through the Bloomberg News Service, Thomson Municipal Market Monitor (www.tm3.com) or The Bond Buyer not later than 1:00 p.m. (California time) on the day prior to the date bids are to be received. If the sale is postponed, bids will be received at the place set forth above, at the date and time as the District shall determine. Notice of the new sale date and time, if any, will be given through Bloomberg News Service, Thomson Municipal Market Monitor (www.tm3.com) or The Bond Buyer no later than twenty-three (23) hours prior to the new time bids are to be received. As an accommodation to bidders, telephone or fax notice of the postponement of the sale date and of the new sale date will be given to any bidder requesting such notice from the Financial Advisor. Failure of any bidders to receive such notice shall not affect the legality of the sale. XXX.
Additional Information:
Copies of the Notice Inviting Proposals for Purchase of Bonds, and the Preliminary Official Statement relating to the Bonds will be furnished to any bidder upon request made to Piper Jaffray & Co., Attn: Timothy Carty, phone: (310) 702-1530, [email protected], the Financial Advisor to the District. Dated: ________, 2016 ANAHEIM ELEMENTARY SCHOOL DISTRICT By: Assistant Superintendent, Administrative Services
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EXHIBIT A $_____________ ANAHEIM ELEMENTARY SCHOOL DISTRICT (Orange County, California) General Obligation Bonds, Election of 2010, Series 2016 CERTIFICATE OF THE PURCHASER This Certificate is furnished by ______________, as the purchaser (the “Purchaser”) of the $_______________ aggregate stated principal amount of the Anaheim Elementary School District (Orange County, California) General Obligation Bonds, Election of 2010, Series 2016 (the “Bonds”). The Purchaser hereby certifies and represents the following based upon the information available to it: 1.
Issue Price.
As of the date of the competitive bid sale with respect to the Bonds (the “Sale Date”), the Purchaser reasonably expected to sell each maturity of the Bonds to the general public (excluding bond houses, brokers, or similar persons acting in the capacity of underwriters or wholesalers) in a bona fide public offering at the prices listed on Schedule A. (a) In our opinion, and based upon our estimate as of the date hereof, the issue prices of the Bonds set forth in Schedule A are within a reasonable range of, and should reflect, the fair market prices for such Bonds as of the Sale Date. (b) As of the date of delivery of the Bonds, all of the Bonds have actually been offered to the general public at the prices listed in Schedule A. (c) As of the Sale Date, at least 10% of each maturity of the Bonds were sold, or were reasonably expected to be sold, at the prices referred to in Schedule A. All terms not defined herein have the meanings ascribed to those terms in the attached Tax Certificate. Dated: ____________, 2016
_____________________________, as Purchaser
By: Authorized Representative
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Schedule A
$_____________ ANAHEIM ELEMENTARY SCHOOL DISTRICT (Orange County, California) General Obligation Bonds, Election of 2010, Series 2016
Price of Bonds Offered or Reasonably Expected To Be Offered To The General Public In A Bona Fide Public Offering Maturity Date
Principal Amount
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Interest Rate
Yield
Price
EXHIBIT C NOTICE OF INTENTION TO SELL $64,000,000* ANAHEIM ELEMENTARY SCHOOL DISTRICT (Orange County, California) General Obligation Bonds, Election of 2010, Series 2016 NOTICE IS HEREBY GIVEN that the Anaheim Elementary School District (the “District”), in Orange County, California, intends to offer for public sale on ________, 2016, at the hour of 9:00 a.m. California Time, at the office of Piper Jaffray & Co., 2321 Rosecrans Avenue, Suite 3200, El Segundo, California 90245 not to exceed $64,000,000* principal amount of general obligation bonds of the District designated “Anaheim Elementary School District (Orange County, California) General Obligation Bonds, Election of 2010, Series 2016 (the “Bonds”). Within 26 hours, the Superintendent or the Assistant Superintendent of Administrative Services of the District will consider the bids received and, if acceptable bids are received, award the sale of the Bonds on the basis of the true interest cost. In the event that no bids are awarded by the designated time, proposals will be received at a subsequent time and date to be determined by the District and publicized via PARITY, the Bond Buyer Wire or Thomson Municipal Market Monitor (www.tm3.com). NOTICE IS HEREBY FURTHER GIVEN that the Bonds will be offered for public sale subject to the terms and conditions of the Notice Inviting Proposals for Purchase of the Bonds, dated _________, 2016. Copies of the Preliminary Official Statement and Notice Inviting Proposals for Purchase of Bonds will be furnished upon request made to Piper Jaffray & Co., 2321 Rosecrans Avenue, Suite 3200, El Segundo, CA 90245, Attn: Timothy Carty, phone (310) 702-1530, [email protected], the Financial Advisor to the District for the Bonds. Dated: ________, 2016 ANAHEIM ELEMENTARY SCHOOL DISTRICT By: Assistant Superintendent, Administrative Services
*
Preliminary, subject to change.
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RESOLUTION NO. 2015-16/62 ANAHEIM ELEMENTARY SCHOOL DISTRICT RESOLUTION AUTHORIZING THE ISSUANCE OF ANAHEIM ELEMENTARY SCHOOL DISTRICT (ORANGE COUNTY, CALIFORNIA) 2016 GENERAL OBLIGATION REFUNDING BONDS WHEREAS, a duly called election (the “2002 Election”) was held in the Anaheim Elementary School District, Orange County (the “County”), California (the “District”), on March 5, 2002 and thereafter canvassed pursuant to law; WHEREAS, at the 2002 Election there was submitted to and approved by the requisite fifty-five percent or more vote of the qualified electors of the District a question as to the issuance and sale of general obligation bonds of the District for various purposes set forth in the ballot submitted to the voters, in the maximum amount not-to-exceed $111,000,000, payable from the levy of an ad valorem tax against the taxable property in the District (the “2002 Authorization”); WHEREAS, pursuant to the 2002 Authorization, the District has previously caused the issuance of $44,884,415.65, of its General Obligation Bonds, Election of 2002, Series 2007 (the “2007 Bonds”); WHEREAS, a duly called election (the “2010 Election,” and together with the 2002 Election, the “Elections”) was held in the District, on November 2, 2010 and thereafter canvassed pursuant to law; WHEREAS, at the 2010 Election there was submitted to and approved by the requisite fifty five percent or more vote of the qualified electors of the District a question as to the issuance and sale of general obligation bonds of the District for various purposes set forth in the ballot submitted to the voters, in the maximum amount not-to-exceed $169,300,000, payable from the levy of an ad valorem tax against the taxable property in the District (the “2010 Authorization”); WHEREAS, pursuant to the 2010 Authorization, the District has previously caused the issuance of $29,998,482.10, of its General Obligation Bonds, Election of 2010, Series 2011 (the “2011 Bonds,” and together with the 2007 Bonds, the “Prior Bonds”) WHEREAS, this Board desires to authorize the issuance of general obligation refunding bonds (the “Refunding Bonds”) pursuant to Section 53550 et seq. of the California Government Code (the “Act”), in one or more Series of Taxable or Tax-Exempt Current Interest Bonds (as such terms are defined herein) to refund all or a portion of the currently outstanding Prior Bonds (so refunded, the “Refunded Bonds”); WHEREAS, this Board desires to appoint certain professionals to provide services related to the issuance of the Refunding Bonds; and WHEREAS, all acts, conditions and things required by law to be done or performed have been done and performed in strict conformity with the laws authorizing the issuance of general obligation bonds of the District, and whereas the indebtedness of the District, including this proposed issue of Refunding Bonds, is within all limits prescribed by law; NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED BY THE BOARD OF EDUCATION OF THE ANAHEIM ELEMENTARY SCHOOL DISTRICT, ORANGE COUNTY, CALIFORNIA, AS FOLLOWS:
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SECTION 1. Authorization for Issuance of the Bonds. To advance refund all or a portion of the outstanding principal amount of the Prior Bonds and to pay all necessary legal, financial and contingent costs in connection with the issuance of the Refunding Bonds, the Board hereby authorizes the issuance of the Refunding Bonds and orders such Refunding Bonds sold at a competitive sale, in one or more Series of Taxable or Tax-Exempt Current Interest Bonds, with appropriate series designation if more than one Series is issued, such that the Refunding Bonds shall be dated as of a date to be determined by the Authorized Officers (defined below), shall bear interest at a rate not-to-exceed the maximum rate allowed by law, shall be payable upon such terms and provisions as shall be set forth in the Refunding Bonds, shall mature on the dates and in the amounts set forth in the Official Statement (defined herein), and shall be in an aggregate principal amount not-to-exceed $35,000,000. Additional costs authorized to be paid from the proceeds of the Refunding Bonds are all of the authorized costs of issuance set forth in Section 53550(e) and (f) and Section 53587 of the Government Code. SECTION 2. Paying Agent. This Board hereby appoints the Paying Agent as defined herein, to serve as the paying agent, bond registrar, transfer agent and authentication agent for the Refunding Bonds on behalf of the District. This Board hereby approves the payment of the reasonable fees and expenses of the Paying Agent as they shall become due and payable. The fees and expenses of the Paying Agent which are not paid as a cost of issuance of the Refunding Bonds may be paid in each year from ad valorem property taxes levied and collected for the payment thereof, insofar as permitted by law, including specifically by Section 15232 of the Education Code. SECTION 3. Approval of the Notice Inviting Proposals for Purchase of Refunding Bonds. The competitive sale of the Refunding Bonds shall be undertaken pursuant to the Notice Inviting Proposals for Purchase of Refunding Bonds, and the Notice of Intention To Sell, set forth in Exhibits B and C hereto, respectively. The Superintendent of the District (the “Superintendent”) or the Assistant Superintendent, Administrative Services (the “Assistant Superintendent, Administrative Services,” and together with the Superintendent, the “Authorized Officers”) each alone, are hereby authorized to execute the Notice of Intention to Sell attached hereto as Exhibit C (the “Notice of Intention”), to cause the Notice of Intention to be published in a newspaper of general circulation circulated within the boundaries of the District once at least ten (10) days prior to the date set to receive bids, and to cause the Notice of Intention to be published in The Bond Buyer once at least five (5) days prior to the date set to receive bids. The terms and conditions of the offering and the sale of the Refunding Bonds shall be as specified in the Notice Inviting Proposals for Purchase of Refunding Bonds. The Board shall award the sale of the Refunding Bonds by acceptance of the bids with the lowest true interest cost (the “TIC”) with respect to the Refunding Bonds, so long as the principal amount of the Refunding Bonds does not exceed $35,000,000 and the TIC does not exceed 5.00%. Piper Jaffray & Co., the financial advisor to the District (the “Financial Advisor”), is hereby authorized and directed to cause to be furnished to prospective bidders a reasonable number of copies of the Notice Inviting Proposals for Purchase of Refunding Bonds and a reasonable number of copies of the Official Statement. The Board hereby approves the competitive sale of the Refunding Bonds and determines that a competitive sale contributes to the District’s goal of achieving the lowest overall cost of funds. The Financial Advisor and/or Stradling Yocca Carlson & Rauth, a Professional Corporation, San Francisco, California (“Bond Counsel”), are hereby authorized and directed to open the bids at the time and place specified in the Notice Inviting Proposals for Purchase of Refunding Bonds and to present the same to the Authorized Officers. The Financial Advisor and/or Bond Counsel are hereby authorized and directed to receive and record the receipt of all bids made pursuant to the Notice Inviting Proposals for Purchase of Refunding Bonds; to cause said bids to be examined for compliance with the Notice Inviting 2 DOCSSF/128663v2/200623-0003
Proposals for Purchase of Refunding Bonds; and to cause computations to be made as to which bidder has bid the lowest TIC with respect to the Refunding Bonds, as provided in the Notice Inviting Proposals for Purchase of Refunding Bonds, along with a report as to the foregoing and any other matters deemed pertinent to the award of the Refunding Bonds and the proceedings for the issuance thereof. SECTION 4. Certain Definitions. As used in this Resolution, the terms set forth below shall have the meanings ascribed to them (unless otherwise set forth in the Official Statement): (a)
“Act” means Sections 53550 et seq. of the California Government Code.
(b) “Beneficial Owner” means, when used with reference to book-entry Refunding Bonds registered pursuant to Section 5 hereof, the person who is considered the beneficial owner of such Refunding Bonds pursuant to the arrangements for book-entry determination of ownership applicable to the Depository. (c) “Bond Insurer” means any insurance company which issues a municipal bond insurance policy insuring the payment of Principal of and interest on the Refunding Bonds. (d) “Bond Payment Date” means (unless otherwise provided for in the Official Statement), February 1 and August 1 of each year commencing February 1, 2017 with respect to interest on the Refunding Bonds and the stated maturity dates of Refunding Bonds with respect to payments of Principal of the Refunding Bonds. (e) “Bond Register” means the registration books which the Paying Agent shall keep or cause to be kept on which the registered ownership, transfer and exchange of Refunding Bonds shall be recorded. (f) “Code” means the Internal Revenue Code of 1986, as amended. Reference to any particular section of the Code shall be deemed to be a reference to any successor to any such section. (g) “Continuing Disclosure Certificate” means that certain contractual undertaking of the District pursuant to paragraph (b)(5) of Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, and relating to the Bonds, dated as of the date of issuance thereof, as amended from time to time in accordance with the provisions thereof. (h) “Current Interest Bonds” means bonds, the interest on which is payable semiannually on each Bond Payment Date specified for each such Refunding Bond as designated and maturing in the years and in the amounts set forth in the Official Statement. (i) “Dated Date” means the date of initial issuance and delivery of the Refunding Bonds, or such other date as shall appear in the Official Statement. (j) “Depository” means the entity acting as securities depository for the Refunding Bonds pursuant to Section 5(c) hereof. (k) “DTC” means The Depository Trust Company, 55 Water Street, New York, New York 10041, a limited purpose trust company organized under the laws of the State of New York, in its capacity as the initial Depository for the Refunding Bonds.
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(l) “Escrow Agent” means U.S. Bank National Association or such other bank as shall be named in the Escrow Agreement, or any other successor thereto, in its capacity as escrow agent for the Refunded Bonds. (m) “Escrow Agreement” means that certain agreement relating to the deposit and investment of funds to refund the Refunded Bonds, by and between the District and the Escrow Agent. (n) “Holder” or “Owner” means the registered owner of a Bond as set forth on the Bond Register maintained by the Paying Agent pursuant to Section 5 hereof. (o) “Federal Securities” means securities as permitted, in accordance with the resolutions of the District or other authorizing documents pursuant to which the Prior Bonds were issued, to be deposited with the Escrow Agent for the purpose of defeasing the Prior Bonds. (p) “Information Services” means Financial Information, Inc.’s Financial Daily Called Bond Service; Mergent, Inc.’s Called Bond Department; or Standard & Poor’s J.J. Kenny Information Services’ Called Bond Service. (q) “Moody’s” means Moody’s Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns, or, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, such other nationally recognized securities rating agency designated by the District. (r) “Nominee” means the nominee of the Depository, which may be the Depository, as determined from time to time pursuant to Section 5(c) hereof. (s) “Official Statement” means the Official Statement for the Refunding Bonds, as described in Section 16 hereof. (t) “Outstanding” means, when used with reference to the Refunding Bonds, as of any date, Refunding Bonds theretofore issued or thereupon being issued under this Resolution except: (i)
Refunding Bonds canceled at or prior to such date;
(ii) Refunding Bonds in lieu of or in substitution for which other Refunding Bonds shall have been delivered pursuant to Section 7 hereof; or (iii) Refunding Bonds for the payment or redemption of which funds or Government Obligations in the necessary amount shall have been set aside (whether on or prior to the maturity or redemption date of such Refunding Bonds), in accordance with Section 18 of this Resolution. (u) “Participants” means those broker-dealers, banks and other financial institutions from time to time for which the Depository holds book-entry certificates as securities depository. (v) “Paying Agent” means, initially, U.S. Bank National Association, or any other Paying Agent as shall be named in the Official Statement, and afterwards any successor thereto, acting as the authenticating agent, bond registrar, transfer agent and paying agent for the Refunding Bonds. (w) “Principal” or “Principal Amount” means, with respect to any Refunding Bond, the initial principal amount thereof.
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(x) “Record Date” means the close of business on the 15th day of the month preceding each Bond Payment Date. (y) “Series” means any Refunding Bonds executed, authenticated and delivered pursuant to the provisions hereof identified as a separate series of Refunding Bonds. (z) “S&P” means S&P Global Ratings, a business unit of Standard & Poor’s Financial Services LLC, its successors and assigns, or, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, such other nationally recognized securities rating agency designated by the District. (aa)
“Taxable Bonds” means any Refunding Bonds not issued as Tax-Exempt Bonds.
(bb) “Tax-Exempt Bonds” means any Refunding Bonds the interest on which is excludable from gross income for federal income tax purposes and is not treated as an item of tax preference for purposes of calculating the federal alternative minimum tax, as further described in an opinion of Bond Counsel supplied to the original purchasers of such Refunding Bonds. (cc) “Term Bonds” means those Refunding Bonds for which mandatory sinking fund redemption dates have been established in the Official Statement. (dd) “Transfer Amount” means, for purposes of exchanging Outstanding Refunding Bonds pursuant to Section 7 hereof, the principal amount. (ee)
“Treasurer” means the Treasurer-Tax Collector of the County.
SECTION 5.
Terms of the Refunding Bonds.
(a) Denomination, Interest, Dated Date. The Refunding Bonds shall be issued as fully registered Current Interest Bonds registered as to both Principal and interest, in denominations of $5,000 Principal Amount or any integral multiple thereof. The Refunding Bonds will initially be registered in the name of “Cede & Co.,” the Nominee of the Depository Trust Company, New York, New York. Each Refunding Bond shall be dated as of the Dated Date, and shall bear interest at the rates set forth in the Official Statement, from the Bond Payment Date next preceding the date of authentication thereof unless it is authenticated as of a day during the period from the 16th day of the month next preceding any Bond Payment Date to that Bond Payment Date, inclusive, in which event it shall bear interest from such Bond Payment Date, or unless it is authenticated on or before the first Record Date, in which event it shall bear interest from its Dated Date. Interest shall be payable on the respective Bond Payment Dates and shall be calculated on the basis of a 360-day year of 12, 30-day months. No Refunding Bond shall mature later than the final maturity date of the Refunded Bonds to be refunded from proceeds of such Refunding Bond. (b)
Redemption.
(i) Optional Redemption. The Refunding Bonds shall be subject to optional or mandatory sinking fund redemption prior to maturity as provided in the Official Statement. (ii) Selection of Refunding Bonds for Redemption. Whenever provision is made in this Resolution for the optional redemption of Refunding Bonds and less than all Outstanding 5 DOCSSF/128663v2/200623-0003
Refunding Bonds are to be redeemed, the Paying Agent, upon written instruction from the District, shall select Refunding Bonds for redemption as so directed by the District, and if not directed, in inverse order of maturity. Within a maturity, the Paying Agent shall select Refunding Bonds for redemption as directed by the District, and if not so directed, by lot. Redemption by lot shall be in such manner as the Paying Agent shall determine; provided, however, that with respect to redemption by lot, the portion of any Refunding Bond to be redeemed in part shall be in the Principal Amount of $5,000 or any integral multiple thereof. The Official Statement may provide that (i) in the event that any portion of a Term Bond is optionally redeemed prior to maturity, the remaining mandatory sinking fund payments with respect to such Refunding Bond shall be reduced proportionately, or as otherwise directed by the District, in integral multiples of $5,000 principal amount, in respect of the portion of such Refunding Bond optionally redeemed, and (ii) within a maturity, Refunding Bonds shall be selected for redemption on a “Pro Rata Pass-Through Distribution of Principal” basis in accordance with DTC procedures, provided further that, such redemption is made in accordance with the operational arrangements of DTC then in effect. (iii) Redemption Notice. When redemption is authorized pursuant to Section 5(b)(i) hereof, the Paying Agent, upon written instruction from the District, shall give notice (a “Redemption Notice”) of the redemption of the Refunding Bonds (or portions thereof). Such Redemption Notice shall specify: the Refunding Bonds or designated portions thereof (in the case of redemption of the Refunding Bonds in part but not in whole) which are to be redeemed, the date of redemption, the place or places where the redemption will be made, including the name and address of the Paying Agent, the redemption price, the CUSIP numbers (if any) assigned to the Refunding Bonds to be redeemed, the Refunding Bond numbers of the Refunding Bonds to be redeemed in whole or in part and, in the case of any Refunding Bond to be redeemed in part only, the portion of the Principal Amount of such Refunding Bond to be redeemed, and the original issue date, interest rate and stated maturity date of each Refunding Bond to be redeemed in whole or in part. Such Redemption Notice shall further state that on the specified date there shall become due and payable upon each Refunding Bond or portion thereof being redeemed at the redemption price thereof, together with the interest accrued to the redemption date, and that from and after such date, interest thereon shall cease to accrue. The Paying Agent shall take the following actions with respect to each such Redemption Notice: (a) At least 20 but not more than 45 days prior to the redemption date, such Redemption Notice shall be given to the respective Owners of Refunding Bonds designated for redemption by registered or certified mail, postage prepaid, at their addresses appearing on the Bond Register. (b) At least 20 but not more than 45 days prior to the redemption date, such Redemption Notice shall be given by (i) registered or certified mail, postage prepaid, (ii) telephonically confirmed facsimile transmission, or (iii) overnight delivery service, to the Securities Depository. (c) At least 20 but not more than 45 days prior to the redemption date, such Redemption Notice shall be given by (i) registered or certified mail, postage prepaid, or (ii) overnight delivery service, to one of the Information Services. (d) Provide the Redemption Notice shall be provided to such other persons as may be required pursuant to the Continuing Disclosure Certificate. 6 DOCSSF/128663v2/200623-0003
A certificate of the Paying Agent or the District to the effect that a Redemption Notice has been given as provided herein shall be conclusive as against all parties. Neither failure to receive any Redemption Notice nor any defect in any such Redemption Notice so given shall affect the sufficiency of the proceedings for the redemption of the affected Refunding Bonds. Each check issued or other transfer of funds made by the Paying Agent for the purpose of redeeming Refunding Bonds shall bear or include the CUSIP number identifying, by issue and maturity, the Refunding Bonds being redeemed with the proceeds of such check or other transfer. Such Redemption Notice may state that no representation is made as to the accuracy or correctness of CUSIP numbers printed thereon, or on the Refunding Bonds. With respect to any notice of optional redemption of Refunding Bonds (or portions thereof) pursuant to Section 5(b)(i) hereof, unless upon the giving of such notice such Refunding Bonds (or portions thereof) shall be deemed to have been defeased pursuant to Section 18 hereof, such notice shall state that such redemption shall be conditional upon the receipt by an independent escrow agent selected by the District on or prior to the date fixed for such redemption of the moneys necessary and sufficient to pay the Principal of, premium, if any, and interest on such Refunding Bonds (or portions thereof) to be redeemed, and that if such moneys shall not have been so received, said notice shall be of no force and effect, no portion of the Refunding Bonds shall be subject to redemption on such date and such Refunding Bonds shall not be required to be redeemed on such date. In the event that such Redemption Notice contains such a condition and such moneys are not so received, the redemption shall not be made and the Paying Agent shall within a reasonable time thereafter (but in no event later than the date originally set for redemption) give notice to the persons to whom and in the manner in which the Redemption Notice was given that such moneys were not so received. In addition, the District shall have the right to rescind any Redemption Notice, by written notice to the Paying Agent, on or prior to the date fixed for such redemption. The Paying Agent shall distribute a notice of the rescission of such notice in the same manner as such Redemption Notice was originally provided. (iv) Partial Redemption of Refunding Bonds. Upon the surrender of any Refunding Bond redeemed in part only, the Paying Agent shall execute and deliver to the Owner thereof a new Refunding Bond or Refunding Bonds of like tenor and maturity and of authorized denominations equal in Transfer Amounts to the unredeemed portion of the Refunding Bond surrendered. Such partial redemption shall be valid upon payment of the amount required to be paid to such Owner, and the District shall be released and discharged thereupon from all liability to the extent of such payment. (v) Effect of Redemption Notice. Notice having been given as aforesaid, and the moneys for the redemption (including the interest accrued to the applicable date of redemption) having been set aside as provided in Section 18 hereof, the Refunding Bonds to be redeemed shall become due and payable on such date of redemption. If on such redemption date, money for the redemption of all the Refunding Bonds to be redeemed as provided in Section 5(b) hereof, together with interest accrued to such redemption date, shall be held in trust as provided in Section 18 hereof so as to be available therefor on such redemption date, and if a Redemption Notice thereof shall have been given as aforesaid, then from and after such redemption date, interest with respect to the Refunding Bonds to be redeemed shall cease to accrue and become payable. All money held for the redemption of Refunding Bonds shall be held in trust for the account of the Owners of the Refunding Bonds to be so redeemed. (vii) Refunding Bonds No Longer Outstanding. When any Refunding Bonds (or portions thereof), which have been duly called for redemption prior to maturity under the provisions of this Resolution, or with respect to which irrevocable instructions to call for redemption prior to maturity at the earliest redemption date have been given to the Paying Agent, in form satisfactory to it, and sufficient moneys shall be held irrevocably in trust for the payment of the redemption price of such 7 DOCSSF/128663v2/200623-0003
Refunding Bonds or portions thereof, and accrued interest with respect thereto to the date fixed for redemption, all as provided in this Resolution, then such Refunding Bonds shall no longer be deemed Outstanding and shall be surrendered to the Paying Agent for cancellation. (i) All Refunding Bonds paid at maturity or redeemed prior to maturity pursuant to the provisions of this Section 5 shall be cancelled upon surrender thereof and be delivered to or upon the order of the District. All or any portion of a Refunding Bond purchased by the District shall be cancelled by the Paying Agent. (c)
Book-Entry System.
(i) Election of Book-Entry System. The Refunding Bonds shall initially be delivered in the form of a separate single fully-registered bond (which may be typewritten) for each maturity date of such Refunding Bonds in authorized denominations. The ownership of each such Refunding Bond shall be registered in the Bond Register in the name of the Nominee, as nominee of the Depository and ownership of the Refunding Bonds, or any portion thereof may not thereafter be transferred except as provided in Section 5(c)(i)(4). With respect to book-entry Refunding Bonds, the District and the Paying Agent shall have no responsibility or obligation to any Participant or to any person on behalf of which such a Participant holds an interest in such book-entry Refunding Bonds. Without limiting the immediately preceding sentence, the District and the Paying Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of the Depository, the Nominee, or any Participant with respect to any ownership interest in book-entry Refunding Bonds; (ii) the delivery to any Participant or any other person, other than an Owner as shown in the Bond Register, of any notice with respect to book-entry Refunding Bonds, including any Redemption Notice; (iii) the selection by the Depository and its Participants of the beneficial interests in book-entry Refunding Bonds to be prepaid in the event the District redeems the Refunding Bonds in part; or (iv) the payment by the Depository or any Participant or any other person, of any amount with respect to Principal of, premium, if any, or interest on the book-entry Refunding Bonds. The District and the Paying Agent may treat and consider the person in whose name each book-entry Refunding Bond is registered in the Bond Register as the absolute Owner of such book-entry Refunding Bond for the purpose of payment of Principal of, premium and interest on and to such Refunding Bond, for the purpose of giving notices of redemption and other matters with respect to such Refunding Bond, for the purpose of registering transfers with respect to such Refunding Bond, and for all other purposes whatsoever. The Paying Agent shall pay all Principal of, premium, if any, and interest on the Refunding Bonds only to or upon the order of the respective Owner, as shown in the Bond Register, or his respective attorney duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the District’s obligations with respect to payment of Principal of, premium, if any, and interest on the Refunding Bonds to the extent of the sum or sums so paid. No person other than an Owner, as shown in the Bond Register, shall receive a certificate evidencing the obligation to make payments of Principal of, premium, if any, and interest on the Refunding Bonds. Upon delivery by the Depository to the Owner and the Paying Agent, of written notice to the effect that the Depository has determined to substitute a new nominee in place of the Nominee, and subject to the provisions herein with respect to the Record Date, the word Nominee in this Resolution shall refer to such nominee of the Depository. 1. Delivery of Letter of Representations. In order to qualify the book-entry Refunding Bonds for the Depository’s book-entry system, the District and the Paying Agent shall execute and deliver to the Depository a Letter of Representations. The 8 DOCSSF/128663v2/200623-0003
execution and delivery of a Letter of Representations shall not in any way impose upon the District or the Paying Agent any obligation whatsoever with respect to persons having interests in such book-entry Refunding Bonds other than the Owners, as shown on the Bond Register. By executing a Letter of Representations, the Paying Agent shall agree to take all action necessary at all times so that the District will be in compliance with all representations of the District in such Letter of Representations. In addition to the execution and delivery of a Letter of Representations, the District and the Paying Agent shall take such other actions, not inconsistent with this Resolution, as are reasonably necessary to qualify book-entry Refunding Bonds for the Depository’s book-entry program. 2. Selection of Depository. In the event (i) the Depository determines not to continue to act as securities depository for book-entry Refunding Bonds, or (ii) the District determines that continuation of the book-entry system is not in the best interest of the Beneficial Owners of the Refunding Bonds or the District, then the District will discontinue the book-entry system with the Depository. If the District determines to replace the Depository with another qualified securities depository, the District shall prepare or direct the preparation of a new single, separate, fully registered bond for each maturity date of such Outstanding book-entry Refunding Bond, registered in the name of such successor or substitute qualified securities depository or its Nominee as provided in subsection (4) hereof. If the District fails to identify another qualified securities depository to replace the Depository, then the Refunding Bonds shall no longer be restricted to being registered in such Bond Register in the name of the Nominee, but shall be registered in whatever name or names the Owners transferring or exchanging such Refunding Bonds shall designate, in accordance with the provisions of this Section 5(c). 3. Payments and Notices to Depository. Notwithstanding any other provision of this Resolution to the contrary, so long as all Outstanding Refunding Bonds are held in book-entry form and registered in the name of the Nominee, all payments by the District or the Paying Agent with respect to Principal of, premium, if any, or interest on the Refunding Bonds and all notices with respect to such Refunding Bonds, including Redemption Notices, shall be made and given, respectively to the Nominee, as provided in the Letter of Representations or as otherwise required or instructed by the Depository and agreed to by the Paying Agent notwithstanding any inconsistent provisions herein. 4.
Transfer of Refunding Bonds to Substitute Depository.
(A) The Refunding Bonds shall be initially issued as described in the Official Statement described herein. Registered ownership of such Refunding Bonds, or any portions thereof, may not thereafter be transferred except: (1) to any successor of DTC or its nominee, or of any substitute depository designated pursuant to Section 5(c)(ii)(4)(A)(2) (“Substitute Depository”); provided that any successor of DTC or Substitute Depository shall be qualified under any applicable laws to provide the service proposed to be provided by it; (2) to any Substitute Depository, upon (1) the resignation of DTC or its successor (or any Substitute Depository or its successor) from its functions as depository, or (2) a determination by the District that DTC (or its successor) is no longer able to carry out its functions as depository; provided that any such 9 DOCSSF/128663v2/200623-0003
Substitute Depository shall be qualified under any applicable laws to provide the services proposed to be provided by it; or (3) to any person as provided below, upon (1a) the resignation of DTC or its successor (or any Substitute Depository or its successor) from its functions as depository, or (2) a determination by the District that DTC or its successor (or Substitute Depository or its successor) is no longer able to carry out its functions as depository. (B) In the case of any transfer pursuant to Section 5(c)(i)(4)(A)(1) or (2), upon receipt of all Outstanding Refunding Bonds by the Paying Agent, together with a written request of the District to the Paying Agent designating the Substitute Depository, a single new Refunding Bond, which the District shall prepare or cause to be prepared, shall be executed and delivered for each maturity of Refunding Bonds then Outstanding, registered in the name of such successor or such Substitute Depository or their Nominees, as the case may be, all as specified in such written request of the District. In the case of any transfer pursuant to Section 5(c)(i)(4)(A)(3), upon receipt of all Outstanding Refunding Bonds by the Paying Agent, together with a written request of the District to the Paying Agent, new Refunding Bonds, which the District shall prepare or cause to be prepared, shall be executed and delivered in such denominations and registered in the names of such persons as are requested in such written request of the District, provided that the Paying Agent shall not be required to deliver such new Refunding Bonds within a period of less than sixty (60) days from the date of receipt of such written request from the District. (C) In the case of a partial redemption or an advance refunding of any Refunding Bonds evidencing a portion of the Principal maturing in a particular year, DTC or its successor (or any Substitute Depository or its successor) shall make an appropriate notation on such Refunding Bonds indicating the date and amounts of such reduction in Principal, in form acceptable to the Paying Agent, all in accordance with the Letter of Representations. The Paying Agent shall not be liable for such Depository’s failure to make such notations or errors in making such notations. (D) The District and the Paying Agent shall be entitled to treat the person in whose name any Refunding Bond is registered as the Owner thereof for all purposes of this Resolution and any applicable laws, notwithstanding any notice to the contrary received by the Paying Agent or the District; and the District and the Paying Agent shall not have responsibility for transmitting payments to, communicating with, notifying, or otherwise dealing with any Beneficial Owners of the Refunding Bonds. Neither the District nor the Paying Agent shall have any responsibility or obligation, legal or otherwise, to any such Beneficial Owners or to any other party, including DTC or its successor (or Substitute Depository or its successor), except to the Owner of any Refunding Bonds, and the Paying Agent may rely conclusively on its records as to the identity of the Owners of the Refunding Bonds. SECTION 6. Execution of the Refunding Bonds. The Refunding Bonds shall be signed by the President of the Board, or other member of the Board authorized to sign on behalf of the President, by their manual or facsimile signature and countersigned by the manual or facsimile signature of the Secretary to or Clerk of the Board, or the designee thereof, all in their official capacities. No Refunding Bond shall be valid or obligatory for any purpose or shall be entitled to any security or benefit under this Resolution unless and until the certificate of authentication printed on the Refunding Bond is signed by 10 DOCSSF/128663v2/200623-0003
the Paying Agent as authenticating agent. Authentication by the Paying Agent shall be conclusive evidence that the Refunding Bond so authenticated has been duly issued, signed and delivered under this Resolution and is entitled to the security and benefit of this Resolution. SECTION 7. Paying Agent; Transfer and Exchange. So long as any of the Refunding Bonds remain Outstanding, the District will cause the Paying Agent to maintain and keep at its designated office all books and records necessary for the registration, exchange and transfer of the Refunding Bonds as provided in this Section. Subject to the provisions of Section 8 below, the person in whose name a Refunding Bond is registered on the Bond Register shall be regarded as the absolute Owner of that Refunding Bond for all purposes of this Resolution. Payment of or on account of the Principal of, premium, if any, and interest on any Refunding Bond shall be made only to or upon the order of such Owner; neither the District nor the Paying Agent shall be affected by any notice to the contrary, but the registration may be changed as provided in this Section. All such payments shall be valid and effectual to satisfy and discharge the District’s liability upon the Refunding Bonds, including interest, to the extent of the amount or amounts so paid. Any Refunding Bond may be exchanged for a Refunding Bond of like Series, tenor, maturity and Transfer Amount upon presentation and surrender at the designated office of the Paying Agent, together with a request for exchange signed by the Owner or by a person legally empowered to do so in a form satisfactory to the Paying Agent. A Refunding Bond may be transferred on the Bond Register only upon presentation and surrender of the Refunding Bond at the designated office of the Paying Agent together with an assignment executed by the Owner or by a person legally empowered to do so in a form satisfactory to the Paying Agent. Upon exchange or transfer, the Paying Agent shall complete, authenticate and deliver a new Refunding Bond or Refunding Bonds of like tenor and of any authorized denomination or denominations requested by the Owner equal to the Transfer Amount of the Refunding Bond surrendered and bearing or accruing interest at the same rate and maturing on the same date. If any Refunding Bond shall become mutilated, the District, at the expense of the Owner of said Refunding Bond, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new Refunding Bond of like Series, tenor, maturity and Transfer Amount in exchange and substitution for the Refunding Bond so mutilated, but only upon surrender to the Paying Agent of the Refunding Bond so mutilated. If any Refunding Bond issued hereunder shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Paying Agent and, if such evidence be satisfactory to the Paying Agent and indemnity for the Paying Agent and the District satisfactory to the Paying Agent shall be given by the Owner, the District, at the expense of the Refunding Bond Owner, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new Refunding Bond of like Series, tenor, maturity and Transfer Amount in lieu of and in substitution for the Refunding Bond so lost, destroyed or stolen (or if any such Refunding Bond shall have matured or shall have been called for redemption, instead of issuing a substitute Refunding Bond the Paying Agent may pay the same without surrender thereof upon receipt of indemnity satisfactory to the Paying Agent and the District). The Paying Agent may require payment of a reasonable fee for each new Refunding Bond issued under this paragraph and of the expenses which may be incurred by the District and the Paying Agent. If signatures on behalf of the District are required in connection with an exchange or transfer, the Paying Agent shall undertake the exchange or transfer of Refunding Bonds only after the new Refunding Bonds are signed by the authorized officers of the District. In all cases of exchanged or transferred Refunding Bonds, the District shall sign and the Paying Agent shall authenticate and deliver Refunding Bonds in accordance with the provisions of this Resolution. All fees and costs of transfer shall be paid by the requesting party. Those charges may be required to be paid before the procedure is begun for the exchange or transfer. All Refunding Bonds issued upon any exchange or transfer shall be valid 11 DOCSSF/128663v2/200623-0003
obligations of the District, evidencing the same debt, and entitled to the same security and benefit under this Resolution as the Refunding Bonds surrendered upon that exchange or transfer. Any Refunding Bond surrendered to the Paying Agent for payment, retirement, exchange, replacement or transfer shall be cancelled by the Paying Agent. The District may at any time deliver to the Paying Agent for cancellation any previously authenticated and delivered Refunding Bonds that the District may have acquired in any manner whatsoever, and those Refunding Bonds shall be promptly cancelled by the Paying Agent. Written reports of the surrender and cancellation of Refunding Bonds shall be made to the District by the Paying Agent as requested by the District. The cancelled Refunding Bonds shall be retained for three years, then returned to the District or destroyed by the Paying Agent as directed by the District. Neither the District nor the Paying Agent will be required to (a) issue or transfer any Refunding Bonds during a period beginning with the opening of business on the 16th day next preceding either any Bond Payment Date or any date of selection of Refunding Bonds to be redeemed and ending with the close of business on the Bond Payment Date or any day on which the applicable Redemption Notice is given or (b) transfer any Refunding Bonds which have been selected or called for redemption in whole or in part. SECTION 8. Payment. Payment of interest on any Refunding Bond shall be made on any Bond Payment Date to the person appearing on the Bond Register of the Paying Agent as the Owner thereof as of the Record Date immediately preceding such Bond Payment Date, such interest to be paid by wire transfer or check mailed to such Owner on the Bond Payment Date at his or her address as it appears on such Bond Register or at such other address as he or she may have filed with the Paying Agent for that purpose on or before the Record Date. The Owner in an aggregate Principal Amount of One Million Dollars ($1,000,000) or more may request in writing to the Paying Agent that such Owner be paid interest by wire transfer to the bank and account number on file with the Paying Agent as of the Record Date. The Principal, and redemption premiums, if any, payable on the Refunding Bonds shall be payable upon maturity or redemption upon surrender at the designated office of the Paying Agent. The Principal of, premiums, if any, and interest on, the Refunding Bonds shall be payable in lawful money of the United States of America. The Paying Agent is hereby authorized to pay the Refunding Bonds when duly presented for payment at maturity, and to cancel all Refunding Bonds upon payment thereof. The Refunding Bonds are obligations of the District, and, except as provided in the Act, are payable solely from the levy of ad valorem property taxes upon all property subject to taxation within the District, which taxes shall be without limit as to rate or amount. The Refunding Bonds do not constitute an obligation of the County and no part of any fund of the County is pledged or obligated to the payment of the Refunding Bonds. SECTION 9. Form of the Refunding Bonds. The Refunding Bonds shall be in substantially the form as set forth in Exhibit A hereto, allowing those officials executing the Refunding Bonds to make the insertions and deletions necessary to conform the Refunding Bonds to this Resolution and the Official Statement and to correct any defect or inconsistency therein or to cure any ambiguity or omission therein. SECTION 10. Delivery of the Refunding Bonds. The proper officials of the District shall cause the Refunding Bonds to be prepared and, following their sale, shall have the Refunding Bonds signed and delivered, together with a true transcript of proceedings with reference to the issuance of the Refunding Bonds, to the original purchaser upon payment of the purchase price therefor. SECTION 11. Deposit of Proceeds of Refunding Bonds; Escrow Agreement. An amount of proceeds from the sale of the Refunding Bonds necessary to purchase certain Federal Securities, or to otherwise refund the Refunded Bonds, shall be transferred to the Escrow Agent for deposit in the escrow 12 DOCSSF/128663v2/200623-0003
fund established under the Escrow Agreement (the “Escrow Fund”), which amount, if uninvested, shall be sufficient, or if invested, together with an amount or amounts of cash held uninvested therein, shall be sufficient to refund the Refunded Bonds all as set forth in a certificate of an Authorized Officer. Premium or proceeds received from the sale of the Refunding Bonds desired to pay all or a portion of the costs of issuing the Refunding Bonds may be deposited in the fund of the District held by a fiscal agent selected thereby and shall be kept separate and distinct from all other District funds, and those proceeds shall be used solely for the purpose of paying costs of issuance of the Refunding Bonds. Any accrued interest received by the District from the sale of the Refunding Bonds shall be kept separate and apart in the fund hereby created and established and to be designated as the “Anaheim Elementary School District, 2016 General Obligation Refunding Bonds Debt Service Fund” (the “Debt Service Fund”) for the Refunding Bonds and used only for payments of principal of and interest on the Refunding Bonds. The Debt Service Fund shall be held by the County, and may contain subaccounts if the Refunding Bonds are sold in more than one Series. A portion of the premium received by the District from the sale of the Refunding Bonds may be transferred to the Debt Service Fund or applied to the payment of cost of issuance of the Refunding Bonds, or some combination of deposits. Any excess proceeds of the Refunding Bonds not needed for the authorized purposes set forth herein for which the Refunding Bonds are being issued shall be transferred to the Debt Service Fund and applied to the payment of the principal of and interest on the Refunding Bonds. If, after payment in full of the Refunding Bonds, there remain excess proceeds, any such excess amounts shall be transferred to the general fund of the District. The moneys in the Debt Service Fund, to the extent necessary to pay the principal of and interest on the Refunding Bonds as the same become due and payable, shall be transferred by the Treasurer to the Paying Agent which, in turn, shall pay such moneys to DTC to pay the principal of and interest on the Refunding Bonds. DTC will thereupon make payments of principal of and interest on the Refunding Bonds to the DTC Participants who will thereupon make payments of such principal and interest to the Beneficial Owners of the Refunding Bonds. Any moneys remaining in the Debt Service Fund after the Refunding Bonds and the interest thereon have been paid in full, or provision for such payment has been made, shall be transferred to the general fund of the District. Except as required below to satisfy the requirements of Section 148(f) of the Code, interest earned on the investment of monies held in the Debt Service Fund shall be retained in the Debt Service Fund and used to pay principal of and interest on the Refunding Bonds when due. SECTION 12. Rebate Fund. (a) General. If necessary, there shall be created and established a special fund designated the “Anaheim Elementary School District 2016 General Obligation Refunding Bonds Rebate Fund” (the “Rebate Fund”). All amounts at any time on deposit in the Rebate Fund shall be held in trust, to the extent required to satisfy the requirement to make rebate payments to the United States (the “Rebate Requirement”) pursuant to Section 148 of the Code, as the same may be amended from time to time, and the Treasury Regulations promulgated thereunder (the “Rebate Regulations”). Such amounts shall be free and clear of any lien hereunder and shall be governed by this Section and Section 14 of this Resolution and by the that certain tax certificate concerning certain matters pertaining to the use and investment of proceeds of the Refunding Bonds, executed and delivered to the District on the date of issuance of the Refunding Bonds, including any and all exhibits attached thereto (the “Tax Certificate”).
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(b)
Deposits.
(i) Within forty-five (45) days of the end of each fifth Bond Year (as such term is defined in the Tax Certificate) (1) the District shall calculate or cause to be calculated with respect to the Refunding Bonds the amount that would be considered the “rebate amount” within the meaning of Section 1.148-3 of the Rebate Regulations, using as the “computation date” for this purpose the end of such five Bond Years, and (2) the District shall deposit to the Rebate Fund from deposits from the District or from amounts available therefor on deposit in the other funds established hereunder, if and to the extent required, amounts sufficient to cause the balance in the Rebate Fund to be equal to the “rebate amount” so calculated. (ii) The District shall not be required to deposit any amount to the Rebate Fund in accordance with the preceding sentence if the amount on deposit in the Rebate Fund prior to the deposit required to be made under this subsection (b) equals or exceeds the “rebate amount” calculated in accordance with the preceding sentence. Such excess may be withdrawn from the Rebate Fund to the extent permitted under subsection (g) of this Section. (iii) The District shall not be required to calculate the “rebate amount” and the District shall not be required to deposit any amount to the Rebate Fund in accordance with this subsection (b), with respect to all or a portion of the proceeds of the Refunding Bonds (including amounts treated as the proceeds of the Refunding Bonds) (1) to the extent such proceeds satisfy the expenditure requirements of Section 148(f)(4)(B) or Section 148 (f)(4)(C) of the Code or Section 1.148-7(d) of the Treasury Regulations or the small issuer exception of Section 148(f)(4)(D) of the Code, whichever is applicable, and otherwise qualify for the exception to the Rebate Requirement pursuant to whichever of said sections is applicable, or (2) to the extent such proceeds are subject to an election by the District under Section 148(f)(4)(C)(vii) of the Code to pay a one and one-half percent (1½%) penalty in lieu of arbitrage rebate in the event any of the percentage expenditure requirements of Section 148(f)(4)(C) are not satisfied, or (3) to the extent such proceeds qualify for the exception to arbitrage rebate under Section 148(f)(4)(A)(ii) of the Code for amounts in a “bona fide debt service fund.” In such event, and with respect to such amounts, the District shall not be required to deposit any amount to the Rebate Fund in accordance with this subsection (b). (c) Withdrawal Following Payment of Refunding Bonds. Any funds remaining in the Rebate Fund after redemption of all the Refunding Bonds and any amounts described in paragraph (ii) of subsection (d) of this Section, including accrued interest, shall be transferred to the General Fund of the District. (d) Withdrawal for Payment of Rebate. Subject to the exceptions contained in subsection (b) of this Section to the requirement to calculate the “rebate amount” and make deposits to the Rebate Fund, the District shall pay to the United States, from amounts on deposit in the Rebate Fund, (i) not later than sixty (60) days after the end of (a) the fifth (5th) Bond Year, and (b) each fifth (5th) Bond Year thereafter, an amount that, together with all previous rebate payments, is equal to at least 90% of the “rebate amount” calculated as of the end of such Bond Year in accordance with Section 1.148-3 of the Rebate Regulations; and (ii) not later than sixty (60) days after the payment of all Refunding Bonds, an amount equal to one hundred percent (100%) of the “rebate amount” calculated as of the date of such payment (and any income attributable to the “rebate amount” determined to be due and payable) in accordance with Section 1.148-3 of the Rebate Regulations. 14 DOCSSF/128663v2/200623-0003
(e) Rebate Payments. Each payment required to be made pursuant to subsection (d) of this Section shall be made to the Internal Revenue Service Center, Ogden, Utah 84201, on or before the date on which such payment is due, and shall be accompanied by Internal Revenue Service Form 8038-T, such form to be prepared or caused to be prepared by or on behalf of the District. (f) Deficiencies in the Rebate Fund. In the event that, prior to the time of any payment required to be made from the Rebate Fund, the amount in the Rebate Fund is not sufficient to make such payment when such payment is due, the District shall calculate the amount of such deficiency and deposit an amount equal to such deficiency into the Rebate Fund prior to the time such payment is due. (g) Withdrawals of Excess Amount. In the event that immediately following the calculation required by subsection (b) of this Section, but prior to any deposit made under said subsection, the amount on deposit in the Rebate Fund exceeds the “rebate amount” calculated in accordance with said subsection, upon written instructions from the District, the District may withdraw the excess from the Rebate Fund and credit such excess to the Debt Service Fund. (h) Record Retention. The District shall retain records of all determinations made hereunder until three years after the retirement of the Refunding Bonds. (i) Survival of Defeasance. Notwithstanding anything in this Resolution to the contrary, the Rebate Requirement shall survive the payment in full or defeasance of the Refunding Bonds. SECTION 13. Security for the Refunding Bonds. Except as provided in the Act, there shall be levied on all the taxable property in the District, in addition to all other taxes, a continuing direct ad valorem property tax annually during the period the Refunding Bonds are Outstanding in an amount sufficient to pay the principal of and interest on the Refunding Bonds when due, which moneys when collected will be placed in the Debt Service Fund of the District and used for the payment of the principal of and interest on the Refunding Bonds when and as the same falls due, and for no other purpose. The District covenants to cause the County to take all actions necessary to levy such ad valorem property tax in accordance with this Section 14 and Section 53559 of the Act. The Refunding Bonds shall, pursuant to Government Code Section 53515, be secured by a statutory lien on all revenues received pursuant to the levy and collection of ad valorem taxes for the payment of the Refunding Bonds. Pursuant to Government Code sections 5450 and 5451, the District hereby pledges all revenues received from the levy and collection of ad valorem property taxes for the payment of the Refunding Bonds and all amounts on deposit in the Debt Service Fund to the payment of the Refunding Bonds. Such pledge shall constitute a lien on and security interest in such taxes and amounts in the Debt Service Fund. This pledge shall constitute an agreement between the District and the Owners of the Refunding Bonds to provide security for the payment of the Refunding Bonds in addition to any statutory lien that may exist. The moneys in the Debt Service Fund, to the extent necessary to pay the principal of and interest on the Refunding Bonds as the same become due and payable, shall be transferred by the Treasurer to the Paying Agent which, in turn, shall pay such moneys to DTC to pay such principal and interest. DTC will thereupon make payments of principal of and interest on the Refunding Bonds to the DTC Participants who will thereupon make payments of such principal and interest to the Beneficial Owners of the Refunding Bonds. Any moneys remaining in the Debt Service Fund after the Refunding Bonds and the interest thereon have been paid in full, or provision for such payment has been made, shall be transferred to the general fund of the District. 15 DOCSSF/128663v2/200623-0003
SECTION 14. Arbitrage Covenant. The District covenants that it will restrict the use of the proceeds of the Refunding Bonds in such manner and to such extent, if any, as may be necessary, so that the Refunding Bonds will not constitute arbitrage bonds under Section 148 of the Code and the applicable regulations prescribed thereunder or any predecessor section. Calculations for determining arbitrage requirements are the sole responsibility of the District. SECTION 15. Legislative Determinations. The Board hereby determines that all acts and conditions necessary to be performed by the Board or to have been met precedent to and in the issuing of the Refunding Bonds in order to make them legal, valid and binding general obligations of the District have been performed and have been met, or will at the time of delivery of the Refunding Bonds have been performed and have been met, in regular and due form as required by law; and that no statutory or constitutional limitation of indebtedness or taxation will have been exceeded in the issuance of the Refunding Bonds. Furthermore, the Board hereby finds and determines pursuant to Section 53552 of the Act that the prudent management of the fiscal affairs of the District requires that it issue the Refunding Bonds without submitting the question of the issuance of the Refunding Bonds to a vote of the qualified electors of the District. SECTION 16. Official Statement. The Preliminary Official Statement relating to the Refunding Bonds, substantially in the form on file with the Secretary to the Board, is hereby approved and the Authorized Officers, each alone, are hereby authorized and directed, for and in the name and on behalf of the District, to deliver such Preliminary Official Statement to the Financial Advisor, to be used in connection with the offering and sale of the Refunding Bonds. The Authorized Officers, each alone, are hereby authorized and directed, for and in the name and on behalf of the District, to deem the Preliminary Official Statement “final” pursuant to 15c2-12 of the Securities Exchange Act of 1934, prior to its distribution and to execute and deliver to the purchaser of the Refunding Bonds a final Official Statement, substantially in the form of the Preliminary Official Statement, with such changes therein, deletions therefrom and modifications thereto as the Authorized Officer executing the same shall approve. Execution of the Official Statement shall conclusively evidence the District’s approval of the Official Statement. SECTION 17. Insurance. In the event the District purchases bond insurance for the Refunding Bonds, and to the extent that the Bond Insurer makes payment of the Principal of or interest on the Refunding Bonds, it shall become the Owner of such Refunding Bonds with the right to payment of such Principal or interest, and shall be fully subrogated to all of the Owners’ rights, including the Owners’ rights to payment thereof. To evidence such subrogation (i) in the case of subrogation as to claims that were past due interest, the Paying Agent shall note the Bond Insurer’s rights as subrogee on the Bond Register for the Refunding Bonds maintained by the Paying Agent upon receipt of a copy of the cancelled check issued by the Bond Insurer for the payment of such interest to the Owners of the Refunding Bonds, and (ii) in the case of subrogation as to claims for past due Principal, the Paying Agent shall note the Bond Insurer as subrogee on the Bond Register for the Refunding Bonds maintained by the Paying Agent upon surrender of the Refunding Bonds by the Owners thereof to the Bond Insurer or the insurance trustee for the Bond Insurer. SECTION 18. Defeasance. All or any portion of the Outstanding maturities of the Refunding Bonds may be defeased prior to maturity in the following ways: (a) Cash: by irrevocably depositing with an independent escrow agent selected by the District an amount of cash which, together with amounts transferred from the Debt Service Fund, if any, is sufficient to pay all Refunding Bonds Outstanding and designated for defeasance (including all Principal thereof, accrued interest thereon and redemption premiums, if any) at or before their maturity date; or 16 DOCSSF/128663v2/200623-0003
(b) Government Obligations: by irrevocably depositing with an independent escrow agent selected by the District noncallable Government Obligations, together with cash and amounts transferred from the Debt Service Fund, if any, and any cash, if required, in such amount as will, together with interest to accrue thereon, in the opinion of an independent certified public accountant, be fully sufficient to pay and discharge all Refunding Bonds Outstanding and designated for defeasance (including all Principal thereof, accrued interest thereon and redemption premiums, if any) at or before their maturity date; then, notwithstanding that any of such Refunding Bonds shall not have been surrendered for payment, all obligations of the District with respect to all such designated Outstanding Refunding Bonds shall cease and terminate, except only the obligation of the Paying Agent or an independent escrow agent selected by the District to pay or cause to be paid from funds deposited pursuant to paragraphs (a) or (b) of this Section, to the Owners of such designated Refunding Bonds not so surrendered and paid all sums due with respect thereto. For purposes of this Section, “Government Obligations” shall mean: Direct and general obligations of the United States of America, or obligations that are unconditionally guaranteed as to principal and interest by the United States of America (which may consist of obligations of the Resolution Funding Corporation that constitute interest strips). In the case of direct and general obligations of the United States of America, Government Obligations shall include evidences of direct ownership of proportionate interests in future interest or principal payments of such obligations. Investments in such proportionate interests must be limited to circumstances where (i) a bank or trust company acts as custodian and holds the underlying United States obligations; (ii) the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor of the underlying United States obligations; and (iii) the underlying United States obligations are held in a special account, segregated from the custodian’s general assets, and are not available to satisfy any claim of the custodian, any person claiming through the custodian, or any person to whom the custodian may be obligated; provided that such obligations are rated or assessed at least as high as direct and general obligations of the United States of America by either Moody’s or S&P. SECTION 19. Nonliability of County. Notwithstanding anything to the contrary contained herein, in the Refunding Bonds or in any other document mentioned herein, neither the County, nor its officials, officers, employees or agents shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby, the Refunding Bonds are not a debt of the County or a pledge of the County’s full faith and credit, and the Refunding Bonds and any liability in connection therewith shall be paid solely from ad valorem property taxes lawfully levied to pay the Principal of or interest on the Refunding Bonds, which taxes shall be unlimited as to rate or amount. SECTION 20. Request to County to Levy Tax. The Board of Supervisors and officers of the County are obligated by statute to provide for the levy and collection of ad valorem property taxes in each year sufficient to pay all Principal of and interest coming due on the Refunding Bonds in such year, and to pay from such taxes all amounts due on the Refunding Bonds. The District hereby requests the Board of Supervisors to annually levy a tax upon all taxable property in the District sufficient to pay all such Principal and interest coming due on the Refunding Bonds in such year, and to pay from such taxes all amounts due on the Refunding Bonds. The Board hereby finds and determines that such ad valorem taxes shall be levied specifically to pay the Refunding Bonds being issued to finance and refinance specific projects authorized by the voters of the District at the Elections. SECTION 21. Other Actions. (a) Officers of the Board and District officials and staff are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver 17 DOCSSF/128663v2/200623-0003
any and all documents which they may deem necessary or advisable in order to proceed with the issuance of the Refunding Bonds and otherwise carry out, give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken by such officers, officials and staff are hereby ratified, confirmed and approved. (b) The Board hereby finds and determines that both the total net interest cost to maturity on the Refunding Bonds plus the principal amount of the Refunding Bonds will be less than the total net interest cost to maturity of the Refunded Bonds plus the Principal amount of the Refunded Bonds. (c) The Board anticipates that the Refunded Bonds will be redeemed on the first respective optional redemption dates therefor following the issuance of the Refunding Bonds. (d) The Board hereby appoints U.S. Bank National Association as Escrow Agent for the Refunding Bonds and approves the form of the Escrow Agreement by and between the District and the Escrow Agent substantially in the form on file with the Secretary to the Board. The Authorized Officers, each alone, are hereby authorized to execute the Escrow Agreement with such changes as they shall approve, such approval to be conclusively evidenced by either individual’s execution and delivery thereof. (e) The Board hereby appoints Piper Jaffray & Co. as the Financial Advisor, and Stradling Yocca Carlson & Rauth, a Professional Corporation, as Bond Counsel and Disclosure Counsel, each with respect to the issuance of the Refunding Bonds. (f) The provisions of this Resolution as they relate to the terms of the Refunding Bonds may be amended by the Official Statement; if the Official Statement so provides, the Refunding Bonds may be issued as crossover refunding bonds pursuant to Section 53558(b) of the Government Code. SECTION 22. Resolution to Treasurer. The Secretary to this Board is hereby directed to provide a certified copy of this Resolution to the Treasurer, or similar officer of the County, immediately following its adoption. SECTION 23. Continuing Disclosure. The District hereby covenants and agrees that it will comply with and carry out all of the provisions of that certain Continuing Disclosure Certificate executed by the District and dated as of the Dated Date of the Refunding Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The Board hereby approves the form of the Continuing Disclosure Certificate appended to the form of Preliminary Official Statement on file with the Secretary to the Board as of the date hereof, and the Authorized Officers, each alone, are hereby authorized to execute and deliver such Continuing Disclosure Certificate with such changes therein and modifications thereto as shall be approved by the Authorized Officer executing the same, such approval to be conclusively evidenced by such execution and delivery. Any Bond Holder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this Section. Noncompliance with this Section shall not result in acceleration of the Refunding Bonds. SECTION 24. Recitals. All the recitals in this Resolution above are true and correct and this Board so finds, determines and represents. SECTION 25. Effective Date. This Resolution shall take effect immediately upon its passage.
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SECTION 26. Further Actions Authorized. It is hereby covenanted that the District, and its appropriate officials, have duly taken all actions necessary to be taken by them, and will take any additional actions necessary to be taken by them, for carrying out the provisions of this Resolution. PASSED, ADOPTED AND APPROVED this 22nd day of June, 2016, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS:
President, Board of Education of the Anaheim Elementary School District
Attest:
Secretary, Board of Education of the Anaheim Elementary School District
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SECRETARY’S CERTIFICATE I, Dr. Linda Wagner, Secretary to the Board of Education of the Anaheim Elementary School District, Orange County, California, hereby certify as follows: The foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the Board of Education of said District duly and regularly and legally held at the regular meeting place thereof on June 22, 2016, of which meeting all of the members of the Board of said District had due notice and at which a quorum was present. I have carefully compared the same with the original minutes of said meeting on file and of record in my office and the foregoing is a full, true and correct copy of the original Resolution adopted at said meeting and entered in said minutes. Said Resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: June ___, 2016
Secretary, Board of Education of the Anaheim Elementary School District
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EXHIBIT A FORM OF BONDS REGISTERED NO.
REGISTERED $____________ ANAHEIM ELEMENTARY SCHOOL DISTRICT (Orange County, California) 2016 General Obligation Refunding Bonds
INTEREST RATE:
MATURITY DATE:
DATED AS OF:
___% per annum
August 1, 20__
_______, 2016
REGISTERED OWNER:
CUSIP
CEDE & CO.
PRINCIPAL AMOUNT: The Anaheim Elementary School District (the “District”) in Orange County, California (the “County”), for value received, promises to pay to the Registered Owner named above, or registered assigns, the Principal Amount on the Maturity Date, each as stated above, and interest thereon until the Principal Amount is paid or provided for at the Interest Rate stated above, on February 1 and August 1 of each year (the “Bond Payment Dates”), commencing February 1, 2017. This bond will bear interest from the Bond Payment Date next preceding the date of authentication hereof unless it is authenticated as of a day during the period from the 16th day of the month next preceding any Bond Payment Date to the Bond Payment Date, inclusive, in which event it shall bear interest from such Bond Payment Date, or unless it is authenticated on or before January 15, 2017, in which event it shall bear interest from the Dated Date. Interest shall be computed on the basis of a 360-day year of twelve, 30-day months. Principal and interest are payable in lawful money of the United States of America, without deduction for the paying agent services, to the person in whose name this bond (or, if applicable, one or more predecessor bonds) is registered, such owner being the Registered Owner, on the bond register maintained by the Paying Agent, initially U.S. Bank National Association. Principal is payable upon presentation and surrender of this bond at the desingated office of the Paying Agent. Interest is payable by check or draft mailed by the Paying Agent on each Bond Payment Date to the Registered Owner of this bond (or one or more predecessor bonds) as shown and at the address appearing on the bond register maintained by the Paying Agent at the close of business on the 15th day of the calendar month next preceding that Bond Payment Date (the “Record Date”). The Owner of Refunding Bonds in the aggregate principal amount of $1,000,000 or more may request in writing to the Paying Agent that the Owner be paid interest by wire transfer to the bank and account number on file with the Paying Agent as of the Record Date. This bond is one of an authorization of bonds issued by the District pursuant to California Government Code Section 53550 et seq. (the “Act”) for the purpose of (i) advance refunding certain of the District’s outstanding bonded debt and (ii) paying all necessary legal, financial, engineering and contingent costs in connection therewith under authority of and pursuant to the Act, the laws of the State of California, and the resolution of the Board of Education of the District adopted on June 22, 2016 (the “Bond Resolution”). This bond and the issue of which this bond is one are general obligation bonds of the District payable as to both principal and interest solely from the proceeds of the levy of ad valorem taxes on all property subject to such taxes in the District, which taxes are unlimited as to rate or amount in accordance with California Education Code Sections 15250 and 15252. A-1 DOCSSF/128663v2/200623-0003
The bonds of this issue comprise $_____________ Principal Amount of current interest bonds, of which this bond is a part (each a “Refunding Bond”). This bond is exchangeable and transferable for a bond of like Series, tenor, maturity and Transfer Amount (as defined in the Bond Resolution) and in authorized denominations at the designated office of the Paying Agent in Los Angeles, California, by the Registered Owner or by a person legally empowered to do so, in a form satisfactory to the Paying Agent, all subject to the terms, limitations and conditions provided in the Bond Resolution. All fees and costs of transfer shall be paid by the transferor. The District and the Paying Agent may deem and treat the Registered Owner as the absolute Owner of this bond for the purpose of receiving payment of or on account of principal or interest and for all other purposes, and neither the District nor the Paying Agent shall be affected by any notice to the contrary. Neither the District nor the Paying Agent will be required to (a) issue or transfer any Refunding Bond during a period beginning with the opening of business on the 16th day next preceding either any Bond Payment Date or any date of selection of bonds to be redeemed and ending with the close of business on the Bond Payment Date or day on which the applicable notice of redemption is given or (b) transfer any Refunding Bond which has been selected or called for redemption in whole or in part. The Refunding Bonds maturing on or before August 1, 20__ are not subject to optional redemption prior to their respective maturity dates. The Refunding Bonds maturing on or after August 1, 20__, are subject to optional redemption prior to their respective maturity dates at the option of the District, from any source of available funds, as a whole or in part on any date on or after August 1, 20__, at a redemption price equal to the principal amount of the Refunding Bonds called for redemption, together with accrued interest to the date fixed for redemption, without premium. The Refunding Bonds maturing on August 1, 20__, are subject to redemption prior to maturity from mandatory sinking fund payments on August 1 of each year, on and after August 1, 20__, at a redemption price equal to the principal amount thereof, together with accrued interest to the date fixed for redemption, without premium. The principal amount represented by such Refunding Bonds to be so redeemed, the dates therefor and the final principal payment date are as indicated in the following table: Redemption Dates
Principal Amount
TOTAL In the event that a portion of the Refunding Term Bonds maturing on August 1, 20__ is optionally redeemed prior to maturity, the remaining mandatory sinking fund payments with shown above shall be reduced proportionately, or as otherwise directed by the District, in integral multiples of $5,000 principal amount, in respect of the portion of such Refunding Term Bonds optionally redeemed. If less than all of the Refunding Bonds of any one maturity shall be called for redemption, the particular Refunding Bonds or portions thereof of such maturity to be redeemed shall be selected as directed by the District, and if not so directed, by lot by the Paying Agent in such manner as the Paying Agent may determine; provided, however, that the portion of any Refunding Bond to be redeemed shall be in the principal amount of $5,000 or any integral multiple thereof. If less than all of the Refunding Bonds stated to mature on different dates shall be called for redemption, the particular Bonds or portions thereof to be redeemed shall be called by the Paying Agent in any order directed by the District and, if not so directed, in the inverse order of maturity.
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Reference is made to the Bond Resolution for a more complete description of certain defined terms used herein, as well as the provisions, among others, with respect to the nature and extent of the security for the Refunding Bonds of this series, the rights, duties and obligations of the District, the Paying Agent and the Registered Owners, and the terms and conditions upon which the Refunding Bonds are issued and secured. The Registered Owner of this bond assents, by acceptance hereof, to all of the provisions of the Bond Resolution. It is certified and recited that all acts and conditions required by the Constitution and laws of the State of California to exist, to occur and to be performed or to have been met precedent to and in the issuing of the Refunding Bonds in order to make them legal, valid and binding general obligations of the District, have been performed and have been met in regular and due form as required by law; that no statutory or constitutional limitation on indebtedness or taxation has been exceeded in issuing the Refunding Bonds; and that due provision has been made for levying and collecting ad valorem property taxes on all of the taxable property within the District in an amount sufficient to pay Principal of and interest on the Refunding Bonds when due. This bond shall not be valid or obligatory for any purpose and shall not be entitled to any security or benefit under the Bond Resolution until the Certificate of Authentication below has been signed.
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IN WITNESS WHEREOF, the Anaheim Elementary School District, Orange County, California, has caused this bond to be executed on behalf of the District and in their official capacities by the manual or facsimile signature of the President of the Board of Education of the District, and to be countersigned by the manual or facsimile signature of the [Secretary to/Clerk of] the Board of Education of the District, all as of the date stated above. ANAHEIM ELEMENTARY SCHOOL DISTRICT
By:
(Facsimile Signature) President of the Board of Education
COUNTERSIGNED:
(Facsimile Signature) [Secretary to/Clerk of] the Board of Education
CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the Bond Resolution referred to herein which has been authenticated and registered on ___________, 2016. U.S. BANK NATIONAL ASSOCIATION, as Paying Agent
Authorized Officer
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ASSIGNMENT For value received, the undersigned sells, assigns and transfers to (print or typewrite name, address and zip code of Transferee): this bond and irrevocably constitutes and appoints attorney to transfer this bond on the books for registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
Notice:
The assignor’s signature to this assignment must correspond with the name as it appears upon the within bond in every particular, without alteration or any change whatever, and the signature(s) must be guaranteed by an eligible guarantor institution. Social Security Number, Taxpayer Identification Number or other identifying number of Assignee: __________________________________________________________
Unless this bond is presented by an authorized representative of The Depository Trust Company to the issuer or its agent for registration of transfer, exchange or payment, and any bond issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. LEGAL OPINION The following is a true copy of the opinion rendered by Stradling Yocca Carlson & Rauth, a Professional Corporation in connection with the issuance of, and dated as of the date of the original delivery of, the bonds. A signed copy is on file in my office.
(Facsimile Signature) [Secretary to/Clerk of] the Board of Education
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EXHIBIT B NOTICE INVITING PROPOSALS FOR PURCHASE OF REFUNDING BONDS $35,000,000* ANAHEIM ELEMENTARY SCHOOL DISTRICT (ORANGE COUNTY, CALIFORNIA) 2016 General Obligation Refunding Bonds NOTICE IS HEREBY GIVEN that sealed unconditioned proposals will be received to and including the hour of 9:00 a.m., Pacific Standard Time, on ______ ___, 2016, at the offices of Piper Jaffray & Co., 2321 Rosecrans Avenue, Suite 3200, El Segundo, CA 90245 (the “Financial Advisor”), in the manner described below, for the purchase of all, but not less than all, of $35,000,000* principal amount of Anaheim Elementary School District (Orange County, California) 2016 General Obligation Refunding Bonds (the “Refunding Bonds”). Proposals must be submitted electronically via i-Deal LLC’s (“i-Deal”) Parity Electronic Bid Submission System (“PARITY”), a division of Thomson Information Services, Inc., in the manner described below, for the purchase of all, but not less than all, of $35,000,000* principal amount of the Refunding Bonds. In the event that the sale has not been awarded by the designated time, bids will be received at a subsequent time and date to be determined by the Anaheim Elementary School District (the “District”) and publicized via the Bond Buyer or the Bond Buyer Wire or Thomson Municipal Market Monitor (www.tm3.com). I.
Issue:
The Refunding Bonds will be dated the date of delivery, will be in the denomination of $5,000 each, or integral multiples thereof, and will bear interest from the date of delivery of the Refunding Bonds to the maturity of each of the Refunding Bonds at the rate or rates such that the true interest cost (the “TIC”) shall not exceed ___%, with interest payable semiannually on February 1 and August 1 of each year during the term of each of the Refunding Bonds, commencing February 1, 2017. The Refunding Bonds will mature on August 1 in each of the years set forth in the following schedule: MATURITY DATE
*
PRINCIPAL AMOUNT*
Preliminary, subject to change. B-1
DOCSSF/128663v2/200623-0003
MATURITY DATE
PRINCIPAL AMOUNT*
2030 II.
Option to Elect Term Bonds:
The purchaser may elect to combine any number of consecutive maturities of Refunding Bonds for which an identical interest rate has been specified to comprise term bonds by indicating such an election in their bid. The election to create term bonds in such manner will require the creation of a mandatory sinking fund so that the sinking fund redemption payments shall equal the corresponding serial bond maturity amounts. III.
Adjustment of Principal Amounts:
The estimated principal amount of each maturity of Refunding Bonds set forth above reflect certain assumptions of the District and the Financial Advisor, with respect to the likely interest rates of the winning bid or bids. Following the determination of the successful bidder or bidders, the Assistant Superintendent, Administrative Services, on behalf of the District, reserves the right to increase or decrease the principal amount of each maturity of the Refunding Bonds, in $5,000 increments of principal amounts. Such adjustment shall be made within 26 hours of the bid opening and in the sole discretion of the District, upon recommendation of the Financial Advisor. In the event of any such adjustment, no rebidding or recalculation of the bids submitted will be required or permitted and the successful bid or bids may not be withdrawn, and the successful bidder will not be permitted to change the interest rate(s) in its bid for the Refunding Bonds. The percentage compensation to be paid to the successful bidder will not change if the maturity schedule is adjusted. IV.
Interest Rates:
All bids for the purchase of the Refunding Bonds must state the rate or rates of interest to be paid for each maturity of Refunding Bonds offered and bid price for such Refunding Bonds. All Refunding Bonds of the same maturity must bear the same rate of interest and no Refunding Bond may bear more than one rate. The maximum interest rate bid for each maturity may not exceed ____ percent (___%), and the TIC may not exceed ______ percent (___%). Bidders may specify any number of different rates to be borne on the Refunding Bonds; provided that, all interest rates must be in multiples of 1/8 or 1/20 of one percent and a zero rate of interest cannot be specified. Interest will be computed on the basis of a 360-day year consisting of twelve, 30-day months. V.
Redemption:
The Refunding Bonds maturing on or before August 1, 20__ are not subject to optional redemption prior to their respective maturity dates. The Refunding Bonds maturing on or after August 1, 20__, are subject to optional redemption prior to their respective stated maturity dates at the option of the District, from any source of available funds, as a whole or in part on any date on or after August 1, 20__, at a redemption price equal to the principal amount of the Refunding Bonds called for redemption, together with accrued interest to the date fixed for redemption, without premium. VI.
Notice of Redemption:
Notice of redemption of any Refunding Bond will be mailed to the Registered Owner of each Refunding Bond to be redeemed in whole or in part at the address shown on the registration records maintained by U.S. Bank National Association, as the paying agent (the “Paying Agent”) designated for B-2 DOCSSF/128663v2/200623-0003
this issue of Refunding Bonds; such mailing to be not more than 45 nor less than 20 days prior to the date set for redemption. Neither failure to receive such notice nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the redemption of Refunding Bonds. VII.
Costs of Issuance:
The winning bidder will not be required to pay any costs of issuance associated with the Bonds, except as described in Sections XVII and XXIV. Such costs of issuance, including the winning bidder’s compensation, will be paid by the District solely from the aggregate proceeds of the Refunding Bonds. The District reserves the right to instruct the winning bidder to wire a portion of the purchase price to U.S. Bank National Association, in its capacity as costs of issuance custodian for the Refunding Bonds. By the submission of its bid pursuant to the provisions hereof, each bidder will be deemed to have represented that its underwriting discount shall not exceed ___% of the principal amount of the Bonds. VIII.
Premium/Discount Bonds:
[Bidders may not bid a price for more than __% of the aggregate principal amount of the bonds.] No bid submitted at a price less than the aggregate par value of the Refunding Bonds will be considered. IX.
Registration of Refunding Bonds as to Principal and Interest and Place of Payment:
The Refunding Bonds, when delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). DTC will act as securities depository of the Refunding Bonds. Individual purchases will be made in book-entry form only, in the denominations of $5,000 and integral multiples thereof. Purchasers will not receive physical certificates representing their interest in the Refunding Bonds purchased. Principal and interest are payable in lawful money of the United States of America and will be paid to DTC which in turn will remit such amounts to the beneficial owners of the Refunding Bonds through DTC’s Participants, as described in the Preliminary Official Statement. X.
Authority:
The Bonds will be issued pursuant to the Constitution and laws of the State of California and pursuant to Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. XI.
Security:
Both the principal of and interest on the Bonds are payable solely from an ad valorem property tax levied against all of the property within the District subject to taxation by the District, without limitation as to rate or amount (except certain personal property which is taxable at limited rates). XII.
Form of Bid:
All bids must be submitted electronically via PARITY, pursuant to the procedures described below, and all such bids shall be deemed to constitute a Bid for Purchase of the Refunding Bonds and shall be deemed to incorporate by reference all of the terms and conditions of this Notice Inviting Proposals for Purchase of Refunding Bonds. The submission of a bid electronically via PARITY shall constitute and be deemed the bidder’s signature on the Bid for Purchase of the Refunding Bonds.
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XIII.
Procedures Regarding Electronic Bidding:
Bids must be submitted electronically via PARITY in accordance with this Notice Inviting Proposals for Purchase of Refunding Bonds, until [9:00 a.m.], California Time, on _________ ___, 2016, but no bid will be received after the time for receiving bids specified above. To the extent any instructions or directions set forth in PARITY conflict with this Notice Inviting Proposals for Purchase of Refunding Bonds, the terms of this Notice Inviting Proposals for Purchase of Refunding Bonds shall control. For further information about PARITY, potential bidders may contact the District’s Financial Advisor, Timothy Carty of Piper Jaffray & Co. at (310) 702-1530 or PARITY at i-Deal at (212) 8495021. In the event that a bid for the Refunding Bonds is submitted via PARITY, the bidder further agrees that: 1. Once the bids are communicated electronically via PARITY to the District as described herein, each bid will constitute a Bid for Purchase of the Refunding Bonds and shall be deemed to be an irrevocable offer to purchase the Refunding Bonds on the terms provided in this Notice Inviting Proposals for Purchase of Refunding Bonds. If a bid submitted electronically via PARITY is accepted by the District, the terms of the Bid for Purchase of the Refunding Bonds and the Notice Inviting Proposals for Purchase of Refunding Bonds and the information that is electronically transmitted through PARITY (including information about the purchase price of the Refunding Bonds, the coupon interest rate or rates to be borne by the various maturities of the Refunding Bonds, the initial public offering price of each maturity and any other information included in such transmission) shall form a contract and the successful bidder shall be bound by the terms of such contract. 2. PARITY is not an agent of the District, and the District shall have no liability whatsoever based on any bidder’s use of PARITY, including but not limited to any failure by PARITY to correctly or timely transmit information provided by the District or information provided by the bidder. 3. The District may choose to discontinue use of electronic bidding via PARITY by issuing a notification to such effect via PARITY’s internet site (www.tm3.com) no later than 1:00 P.M. (California Time) on the last business day prior to the date of sale. In such case, a substitute bidding arrangement will be described in an amended Notice Inviting Proposals for Purchase of Refunding Bonds. 4. For purposes of submitting all Bids for Purchase of the Refunding Bonds, the time as maintained on PARITY shall constitute the official time. No bid received after the deadline shall be considered. In any case, each bid must be in accordance with the terms and conditions set forth in this official Notice Inviting Proposals for Purchase of Refunding Bonds. 5. Each bidder shall be solely responsible to make necessary arrangements to access PARITY for purposes of submitting its bid in a timely manner and in compliance with this Notice Inviting Proposals for Purchase of Refunding Bonds. Neither the District nor i-Deal shall have any duty or obligation to undertake such registration to bid for any prospective bidder or to provide or assure such access to any qualified prospective bidder, and neither the District nor i-Deal shall be responsible for a bidder’s failure to register to bid or for proper operation of, or have any liability for any delays or interruptions of, or any damages caused by, PARITY. The District is using PARITY as a communication mechanism, and not as the District’s agent, to conduct the electronic bidding for the Refunding Bonds. By using PARITY, each bidder agrees to hold the District harmless for any harm or damages caused to such bidder in connection with its use of PARITY for bidding on the Refunding Bonds.
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XIV.
Estimate of True Interest Cost:
Bidders are requested (but not required) to supply an estimate of the total true interest cost to the District on the basis of their respective bids, which shall be considered as informative only and not binding on either the bidder or the Board of Education of the District. XV.
Deposit:
Except as otherwise provided below, the successful bidder will be required to provide a good faith deposit (the “Deposit”) in the form of a wire transfer made payable to Anaheim Elementary School District in the amount of $_______ prior to the official award. The wire transfer must be transmitted in immediately available funds and sent to the account of the District at U.S. Bank National Association at the wire address specified in Section XXIII herein. The Financial Advisor will request the apparent winning bidder to immediately wire the Deposit (as provided in Section XXIII herein) and provide the Federal wire reference number of such Deposit to the Financial Advisor within 90 minutes of such request by the Financial Advisor. The Refunding Bonds will not be officially awarded to a bidder who has not submitted a Deposit in the form of a wire transfer, together with its Federal wire reference number, as provided above. No interest on the Deposit will accrue to any bidder. The Deposit (without accruing interest) of the winning bidder will be applied to the purchase price of the Refunding Bonds. In the event the winning bidder fails to honor its accepted bid, the Deposit plus any interest accrued on the Deposit will be retained by the District. Any investment income earned on the Deposit will be paid to the successful bidder in the event the District is unable to deliver the Refunding Bonds. Deposits accompanying bids other than the bid which is accepted will be returned promptly upon the determination of the best bidder. XVI.
Qualification for Sale; Blue Sky:
The purchaser will assume responsibility for taking any action necessary to qualify the Refunding Bonds for offer and sale in jurisdictions other than California, and for complying with the laws of all jurisdictions on resale of the Refunding Bonds, and shall indemnify, defend and hold harmless the District and their respective officers and officials from any loss or damage resulting from any failure to comply with any such law. Compliance with Blue Sky Laws shall be the sole responsibility of the purchaser, and the purchaser shall pay all fees and disbursements related to the qualification of the bonds for sale under the securities or Blue Sky laws of various jurisdictions. The District will furnish such information and take such action not inconsistent with law as the purchaser may request and the District shall deem necessary or appropriate to qualify the Refunding Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States of America as may be designated by the purchaser, provided, however, that the District shall not execute a general or special consent to service of process or qualify to do business in connection with such qualification or determination in any jurisdiction. The purchaser will not offer to sell, or solicit any offer to buy, the Refunding Bonds in any jurisdiction where it is unlawful for such purchaser to make such offer, solicitation or sale, and the purchaser shall comply with the Blue Sky and other securities laws and regulations of the states and jurisdictions.
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XVII. CUSIP Numbers and Other Fees: CUSIP numbers will be applied for and will be printed on the Refunding Bonds and the cost of printing thereof and service bureau assignment will be the purchaser’s responsibility. Any delay, error or omission with respect thereto will not constitute cause for the purchaser to refuse to accept delivery of and pay for the Refunding Bonds. The successful bidder shall also be required to pay all fees required by The Depository Trust Company, Bond Market Association, Municipal Securities Rulemaking Board, and any other similar entity imposing a fee in connection with the issuance of the Refunding Bonds (see, “California Debt and Investment Advisory Commission” below). XVIII. Legal Opinion: The Refunding Bonds are sold with the understanding that the purchaser will be furnished with the approving opinion of Bond Counsel, Stradling Yocca Carlson & Rauth, a Professional Corporation. A copy of the opinion will be attached to the Refunding Bonds. Said attorneys have been retained by the District as Bond Counsel and in such capacity are to render their opinion only upon the legality of the Refunding Bonds under California law and on the exemption of the interest income on such Refunding Bonds from federal and State of California income taxes. Fees of Bond Counsel will be paid by the District from the costs of issuance. XIX.
Tax-Exempt Status:
In the opinion of Bond Counsel, under existing laws, interest on the Refunding Bonds is exempt from all present State of California personal income taxes, and assuming compliance with certain covenants made by the District, interest on the Refunding Bonds is not includable in the gross income of the Owners of the Refunding Bonds for federal income tax purposes, provided that such interest may be included in the calculation for certain taxes, including the corporate alternative minimum tax. Should changes in the law cause Refunding Bond Counsel’s opinion to change prior to delivery of the Refunding Bonds to the purchaser, the purchaser will be relieved of its responsibility to pick up and pay for the Refunding Bonds, and in that event its Deposit will be returned. XX.
Certification of Reoffering Price:
As soon as practicable, but not later than one day prior to the date of delivery of the Refunding Bonds, the successful bidder must submit to the District a certificate regarding the issue price of the Refunding Bonds, substantially in the form attached as Exhibit A hereto. The final form of such certificate shall be in a form and substance satisfactory to Bond Counsel, and shall include such additional information as may be required thereby. XXI.
Award:
The Refunding Bonds will be awarded to the responsible bidder submitting the best responsive bid, considering the coupon interest rate or rates and the purchase price specified in the bid. The best bid will be the bid that conforms with the provisions of this Notice Inviting Proposals for Purchase of Bonds and represents the lowest TIC to the District for the Refunding Bonds, taking into consideration the interest rate specified, and premium thereon, if any. The TIC is the discount rate that, when compounded semiannually and used to discount all debt service payments on the Refunding Bonds back to the date of delivery of such Refunding Bonds, results in an amount equal to the purchase price bid for said Refunding Bonds. In the event that two or more bidders offer bids for the Refunding Bonds at the same lowest TIC, the District will determine by lottery which bidder will be awarded the Refunding Bonds. For the purpose of calculating the TIC, the mandatory sinking fund payments, if any, shall be treated as B-6 DOCSSF/128663v2/200623-0003
serial maturities in such years. The determination of the bid representing the lowest TIC will be made without regard to any adjustments made or contemplated to be made after the award by the Assistant Superintendent, Administrative Services of the District, as described herein under “Adjustment of Principal Amounts,” even if such adjustments have the effect of raising the TIC of the successful bid to a level higher than the bid containing the next lowest TIC prior to adjustment. XXII. Prompt Award: An authorized representative of the District will take action awarding the Refunding Bonds or rejecting all bids not later than twenty six (26) hours after the expiration of the time herein prescribed for the receipt of bid proposals, unless such time of award is waived by the successful bidder. Notice of the award will be given promptly to the successful bidder. XXIII. Delivery: Delivery of the Refunding Bonds will be made to the purchaser through DTC upon payment of the purchase price in federal funds payable to or for the account of the District at U.S. Bank National Association, the escrow agent for the District (the “Escrow Agent”), Wire Transfer To: Bank: _______________, ABA#___________, FBO: ______________, Acct:______________, Ref: Anaheim Elementary School District, Attn:______________. The Closing will take place at the offices of Stradling Yocca Carlson & Rauth, a Professional Corporation, 44 Montgomery Street, Suite 4200, San Francisco, California 94104, or at the purchaser’s request and expense, at any other place mutually agreeable to both the District and the purchaser, on _________ __, 2016. XXIV. California Debt Advisory and Investment Commission: The successful bidder will be required, pursuant to State of California law, to pay any fees to the California Debt and Investment Advisory Commission (“CDIAC”). CDIAC will invoice the successful bidder after the closing of the Refunding Bonds. XXV. No Litigation and Non-Arbitrage: The District will deliver a certificate stating that no litigation is pending affecting the issuance and sale of the Refunding Bonds. The District will also deliver an arbitrage certificate covering its reasonable expectations concerning the Refunding Bonds and the use of proceeds thereof. XXVI. Official Statement: The District will make available a Preliminary Official Statement relating to the Refunding Bonds, a copy of which, along with related documents, will be furnished upon request made by mail to Piper Jaffray & Co., 2321 Rosecrans Avenue, Suite 3200, El Segundo, California 90245, Attn: Timothy Carty, the District’s Financial Advisor for the Refunding Bonds, or telephoned to said Financial Advisor at (310) 702-1530. Such Preliminary Official Statement, together with any supplements thereto, shall be in a form “deemed final” by the District for the purposes of SEC Rule 15c2-12(b)(1), but is subject to revision, amendment and completion in a final version thereof (the “Official Statement”). Each bidder must read the entire Preliminary Official Statement prior to bidding on the Refunding Bonds, to obtain information essential to the making of an informed decision to bid. This Notice Inviting Proposals for Purchase of Refunding Bonds contains certain information for general reference only, and is not a complete summary of the issue. The Internet posting of the Preliminary Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of, the securities B-7 DOCSSF/128663v2/200623-0003
described in the Preliminary Official Statement, in any jurisdiction in which such offer, solicitation, or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. Copies of the Official Statement will be made available to the purchaser without charge, up to an amount of 10 copies, within seven business days of the date of sale and additional copies will be made available upon request at the purchaser’s expense. The District will deliver, at the closing, a certificate, executed by an authorized officer of the District acting in their official capacity, to the effect that the Official Statement does not contain any untrue statement of a material fact, or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they are made, not misleading. The District undertakes that for a certain period of up to twenty-five (25) days following the end of the “underwriting period” as defined in Rule 15c-2-12(b)(5) promulgated under the Securities Exchange Act of 1934 (the “Rule”), it will (i) apprise the winning bidder if any event shall occur, or information comes to the attention of the District that, in the reasonable judgment of the District, is reasonably likely to cause the Official Statement (whether or not previously supplemented or amended) to contain any untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and (ii) if requested by the winning bidder, prepare a supplement to the final Official Statement with respect to such event or information. The District will presume, unless notified in writing by the winning bidder, that the end of the underwriting period will occur on the date of the delivery of the Refunding Bonds. By making a bid on the Refunding Bonds, the winning bidder agrees (i) to disseminate to all members of the underwriting syndicate, if any, copies of the final Official Statement, including any supplements prepared by the District, and to file a copy of the final Official Statement, including any supplements prepared by the District, with the Municipal Securities Rulemaking Board (the “MSRB”) through its Electronic Municipal Market Access (“EMMA”) system (as provided by the Rule) within one business day after receipt thereof from the District or its designee, but in any event, no later than the date of closing and (ii) to take any and all other actions necessary to comply with the applicable rules of the Securities and Exchange Commission and the MSRB governing the offering, sale and delivery of the Refunding Bonds to the ultimate purchasers. XXVII. Continuing Disclosure: In order to assist bidders in complying with the Rule, the District will undertake in a Continuing Disclosure Certificate to provide certain annual financial information and notices of the occurrence of listed events enumerated therein. A description of this undertaking and a form of the Continuing Disclosure Certificate are included in the Preliminary Official Statement. XXVIII.
Ratings:
S&P Global Ratings, a business unit of a Standard & Poor’s Financial Services LLC and Moody’s Investors Service have assigned to the Refunding Bonds the ratings shown on the cover page of the Preliminary Official Statement or, if not so indicated, will be available upon request from the Financial Advisor. Such ratings reflect only the views of such organizations and explanation of the significance of such ratings may be obtained from them as follows: Standard & Poor’s, 55 Water Street, New York, New York 10041, (212) 438-2000, and Moody’s Investors Service, 7 World Trade Center at 250 Greenwich Street, New York, New York 10007, (212) 553-1658. There is no assurance that the ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by either of the rating agencies, if, in the judgment of such agencies, circumstances so warrant. B-8 DOCSSF/128663v2/200623-0003
Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price of the Refunding Bonds. XXIX.
Right to Cancel, Postpone, or Reschedule Sale:
The District reserves the right to cancel, postpone or reschedule the sale of the Refunding Bonds upon notice given through the Bloomberg News Service, Thomson Municipal Market Monitor (www.tm3.com) or The Bond Buyer not later than 1:00 p.m. (California time) on the day prior to the date bids are to be received. If the sale is postponed, bids will be received at the place set forth above, at the date and time as the District shall determine. Notice of the new sale date and time, if any, will be given through Bloomberg News Service, Thomson Municipal Market Monitor (www.tm3.com) or The Bond Buyer no later than twenty-three (23) hours prior to the new time bids are to be received. As an accommodation to bidders, telephone or fax notice of the postponement of the sale date and of the new sale date will be given to any bidder requesting such notice from the Financial Advisor. Failure of any bidders to receive such notice shall not affect the legality of the sale. XXX.
Additional Information:
Copies of the Notice Inviting Proposals for Purchase of Refunding Bonds, and the Preliminary Official Statement relating to the Bonds will be furnished to any bidder upon request made to Piper Jaffray & Co., Attn: Timothy Carty, phone: (310) 702-1530, [email protected], the Financial Advisor to the District. Dated: ________ ____, 2016 ANAHEIM ELEMENTARY SCHOOL DISTRICT
By: Assistant Superintendent, Administrative Services
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EXHIBIT A $_____________ ANAHEIM ELEMENTARY SCHOOL DISTRICT (Orange County, California) 2016 General Obligation Refunding Bonds CERTIFICATE OF THE PURCHASER
This Certificate is furnished by ______________, as the purchaser (the “Purchaser”) of the $_______________ aggregate stated principal amount of the Anaheim Elementary School District (Orange County, California) 2016 General Obligation Refunding Bonds (the “Refunding Bonds”). The Purchaser hereby certifies and represents the following based upon the information available to it: 1.
Issue Price.
As of the date of the competitive bid sale with respect to the Refunding Bonds (the “Sale Date”), the Purchaser reasonably expected to sell each maturity of the Refunding Bonds to the general public (excluding bond houses, brokers, or similar persons acting in the capacity of underwriters or wholesalers) in a bona fide public offering at the prices listed on Schedule A. (a) In our opinion, and based upon our estimate as of the date hereof, the issue prices of the Refunding Bonds set forth in Schedule A are within a reasonable range of, and should reflect, the fair market prices for such Refunding Bonds as of the Sale Date. (b) As of the date of delivery of the Refunding Bonds, all of the Refunding Bonds have actually been offered to the general public at the prices listed in Schedule A. (c) As of the Sale Date, at least 10% of each maturity of the Refunding Bonds were sold, or were reasonably expected to be sold, at the prices referred to in Schedule A. All terms not defined herein have the meanings ascribed to those terms in the attached Tax Certificate. Dated: ____________, 2016
_____________________________, as Purchaser
By: Its:
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Authorized Representative
Schedule A $_____________ ANAHEIM ELEMENTARY SCHOOL DISTRICT (Orange County, California) 2016 General Obligation Refunding Bonds
Price of Refunding Bonds Offered or Reasonably Expected To Be Offered To The General Public In A Bona Fide Public Offering Maturity Date (August 1)
Principal Amount
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Interest Rate
Yield
Price
EXHIBIT C NOTICE OF INTENTION TO SELL $35,000,000* ANAHEIM ELEMENTARY SCHOOL DISTRICT (Orange County, California) 2016 General Obligation Refunding Bonds NOTICE IS HEREBY GIVEN that the Anaheim Elementary School District (the “District”), in Orange County, California, intends to offer for public sale on ______ ___, 2016, at the hour of [9:00 a.m.] California Time, at the office of Piper Jaffray & Co., 2321 Rosecrans Avenue, Suite 3200, El Segundo, California 90245, not to exceed $_____________* principal amount of general obligation refunding bonds of the District designated “Anaheim Elementary School District (Orange County, California) 2016 General Obligation Refunding Bonds” (the “Refunding Bonds”). Within 26 hours, the Superintendent or Assistant Superintendent, Administrative Services of the District will consider the bids received and, if acceptable bids are received, award the sale of the Refunding Bonds on the basis of the true interest cost. In the event that no bids are awarded by the designated time, proposals will be received at a subsequent time and date to be determined by the District and publicized via PARITY, the Bond Buyer Wire, or Thomson Municipal Market Monitor (www.tm3.com). NOTICE IS HEREBY FURTHER GIVEN that the Refunding Bonds will be offered for public sale subject to the terms and conditions of the Notice Inviting Proposals for Purchase of the Refunding Bonds, dated ________ ____, 2016. Copies of the Preliminary Official Statement and Notice Inviting Proposals for Purchase of Refunding Bonds will be furnished upon request made to Piper Jaffray & Co., 2321 Rosecrans Avenue, Suite 3200, El Segundo, CA 90245, Attn: Timothy Carty, phone (310) 7021530, [email protected], the Financial Advisor to the District for the Refunding Bonds. Dated: __________, 2016 ANAHEIM ELEMENTARY SCHOOL DISTRICT By: Assistant Superintendent, Administrative Services
*
Preliminary, subject to change. C-1
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