cedar rapids community school district regular … · vicki genkinger – elsc cindi rudish –...

CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT REGULAR BOARD OF EDUCATION MEETING

Educational Leadership and Support Center, Board Room Monday, May 11, 2015

5:30 p.m.

A G E N D A

CALL TO ORDER (Mary Meisterling) APPROVAL OF AGENDA (Mary Meisterling) ......................................................................................................... 3 RECOGNITION BA-15-469 Employee Recognitions – 25, 30, 35, 40, and 45 Years of Service (Jill Cirivello) ............ 4 BA-15-470 Board of Education Recognition (Dave Benson) ............................................................... 5 SUPERINTENDENT’S REPORT /BOARD REPORTS COMMUNICATIONS, DELEGATIONS, AND PETITIONS (Mary Meisterling) ACTION AND INFORMATION ITEMS CONSENT AGENDA BA-15-000/16 Minutes – Regular Meeting/Work Session on April 27, 2015 (Laurel Day) ..................... 5 BA-15-008/08 Open Enrollment – Denial 2014-2015 (Karla Ries) ........................................................... 6 BA-15-009/16 Personnel Report (Jill Cirivello) ........................................................................................ 8 BA-15-471 Resolution – School Board Election – September 8, 2015 (Laurel Day) ......................... 13 BA-15-472 Purchasing Register – Servers and SAN (Storage Area Network) (Lori Bruzek/Tom Day) .................................................................................................... 15 BA-15-473 Agreement – CRCSD and Juvenile Court School-Based Liaisons Programs (Paul Hayes) ..................................................................................................................... 17 BA-15-474 Cooperative Agreement – CRCSD Kennedy High School with Xavier High School For Orchestra 2015-2016 School Year (Mary Ellen Maske) ............................................ 20 BA-15-475 Agreement – CRCSD and Unity Point St. Luke’s Hospital (Sheila Lehman) .................. 22 BA-15-476 Agreement – CRCSD and Linn County DECAT – Life Skills Coach (Paul Hayes) ........ 24 BA-15-477 Agreement – Academy for Scholastic and Personal Success (Paul Hayes) ..................... 51 BA-15-478 Agreement – CRCSD and Four Oaks Family & Children’s Services (Sheila Lehman) ... 55 BA-15-479 Agreement – CRCSD and Goodwill Industries for Janitorial Services at the Transition Center (Sheila Lehman) ................................................................................... 58 BA-15-480 Bank Depository Resolution (Steve Graham) ................................................................... 62 BA-15-481 Tabulation – Microsoft Licensing (Tom Day/Lori Bruzek).............................................. 64 BA-15-482 Proposal Acceptance – Vending Services (Tom Day) ...................................................... 66 BA-15-483 Purchasing Register – Unified Threat Management Firewall Device (Tom Day/Lori Bruzek) .................................................................................................... 67 BA-15-484 Agreement – Long Term Suspension – Student A (Mary Ellen Maske) .......................... 68 BA-15-485 Agreement – Long Term Suspension – Student B (Val Dolezal) ..................................... 68 BA-15-486 Agreement – Long Term Suspension – Student C (Val Dolezal) ..................................... 69 BA-15-487 MOU – CRCSD and Workplace Learning Connection (Karla Ries) ................................ 70 BA-15-488 Approval – Meal Price Increase for the 2015-2016 School Year (Suzy Ketelsen) ........... 72 BA-15-489 Agreement – Long Term Suspension – Student D (Mary Ellen Maske) .......................... 74 LEARNING AND LEADERSHIP BA-15-490 iJAG – Iowa’s Jobs for America’s Graduates (Karla Ries) ............................................. 75

ADMINISTRATION BA-15-491 Approval – SILO Debt Refinancing (Steve Graham) ....................................................... 83 BOARD GOVERNANCE BA-15-011/08 Policy Manual – Review & Revisions – Procedure 202.4a “Conflict of Interest – Board

Appointed Committees”, Regulation 202.12 “Board-Superintendent Relationship”, Regulation 204.3 “Lifetime Pass”, Policy 208 “Shared-Decision Making”, Regulation 606.1 “Wellness Regulation”, Proposed Procedure 610.1a “Snacks – Nutritional Guidelines”, and Proposed Procedure 610.1b “Wellness Fundraising Guidelines”

(Dave Benson/Laurel Day) ............................................................................................ 116 BA-15-492 Exempt Meeting - Discuss Strategy Sessions for Union and Non-Union Employee

Groups (Dave Benson) ................................................................................................. 128 RETIREE RECOGNITION

The Board of Education will recognize District employees who are retiring in 2015 via video presentation.

SCHOOL BOARD CALENDAR ......................................................................................................... 129 MEETING EVALUATION/ADJOURNMENT (Mary Meisterling)

Board Meeting: Monday, May 11, 2015

CALL TO ORDER APPROVAL OF AGENDA That the agenda of Monday, May 11, 2015, Board of Education meeting be approved as set forth,

and that each item is considered ready for discussion and/or action. MOTION/2ND/ROLL CALL ACTION


RECOGNITION BA-15-469 Employee Recognition - 25, 30, 35 and 40 Years of Service (Jill Cirivello) Information Item Pertinent Fact(s)

The District and the Foundation are proud to honor the following employees for their continuous years of service. The Board and the Foundation appreciate the efforts of our employees, especially those who have contributed many years. Recipients who have achieved these milestones are present to accept their awards.

25 Years of Service

Lori Bruzek – ELSC Kimberly Middlekauff – Kennedy LaVern Burns – Transportation Michele Ness – Rockwell Day Care Tina Butz – Madison Kim Ongie – Harding Edward Davis – Jefferson Loraine Osborn – Pierce Kristina Eells – Viola Gibson Kim Overturf – Hiawatha Diane Franklin – Franklin Barbara Pino – Rockwell Day Care Lana Franzman – Rockwell Day Care Pamela Polglaze – Coolidge Wayne Fritch – Wilson Mary Reade – Transportation Michael Fritz – Jackson Laura Reed – Wilson Victoria Fritz – Wright Cary Rhoads – Transportation Vicki Genkinger – ELSC Cindi Rudish – Johnson Ann Hauschildt – Harding Susan Serbousek – Nixon Brad Hines – Arthur Cindy Smith – Harding Mike Hopkins – Jefferson Michael Johnson – Washington Kevin Karr – Transition Center Annette Kenney – Truman Joan Krumm – Taylor Toby Lacock – Kenwood Gloria Lake – McKinley

Elizabeth Smith – Transportation Kim Sparks – Madison Ann Starry – Transportation Ruth Taylor – Rockwell Day Care Robert Vileta – Jefferson Melissa Wickham – Metro Sharon Wilcox – Kennedy LaVera Wood – ELSC

30 Years of Service

Laurie Bark – Kennedy Christine Lafrenz – Cleveland Debra Becker – Grant Joan Moore – ELSC Rebecca Dickinson – Harding Annette Sankot – Coolidge Valerie Dolezal – ELSC Michael Terry – Truman Martin Knake – Harding Myron Tomlinson – Kenwood

35 Years of Service

Marta Hershner – ELSC Lynn O’Connor – ELSC Lynn Johnson – Roosevelt Charles Perry – ELSC Amy Kohl – Franklin Mary Roberts Rathje – Jefferson Lori Law – Coolidge

Marilyn Schaefer – Franklin

40 Years of Service

Debra Aldrich – Kennedy Matthew Dunbar – ELSC


RECOGNITION BA-15-470 Board of Education Recognition (Dave Benson) Information Item Pertinent Fact(s):

1. The annual Iowa School Board Recognition Month allows time for District staff and stakeholders to recognize our Board of Education for their tremendous commitment and sacrifice to the education of our children. This year’s theme – “School Boards Strengthen Public Education!” – recognizes that school board members are local leaders making a significant pledge to all those they serve.

2. Representatives of the CRCSD Executive Council Administration Team are pleased to recognize

the Cedar Rapids Community School’s Board of Education for their tremendous commitment and sacrifice to the students, staff and citizens of this community.

SUPERINTENDENT’S REPORT/BOARD REPORTS COMMUNICATIONS, DELEGATIONS, AND PETITIONS CONSENT AGENDA BA-15-000/16 Minutes – Regular Meeting/Work Session on April 27, 2015 (Laurel Day) Action Item Pertinent Fact(s): It is the responsibility of the Board Secretary to keep the minutes of Board of Directors meetings

as required by Iowa Code §§ 21.3 and Board Regulation 202.10. The minutes will be available for public inspection within two weeks of the Board meeting and forwarded to the appropriate newspaper for publication.

Recommendation: It is recommended that the Board of Education approve the Minutes from the Regular Meeting/Work

Session held on April 27, 2015.


CONSENT AGENDA BA-15-008/08 Open Enrollment – Denial 2014-2015 (Karla Ries) Exhibit: BA-15-008/08.1 Action Item Pertinent Fact(s):

1. Section 256.7(5), Chapter 17, of the Iowa Code “Open Enrollment,” allows parents/guardian to enroll their children/child in a school district other than the resident district of the custodial parent/guardian. In order for parents/guardians to exercise this option, their request must be submitted by March 1 of the year preceding open enrollment. For kindergarten children the deadline for submitting an application for open enrollment is September 1 of the current school year.

2. Applications filed after the deadline will not be approved unless the reason for late filing qualifies

for “good cause”; “good cause” means a change in the status of a child’s resident district for any of the following reasons: A. Family moved to a new district of residence B. Change in the marital status of the student's parents resulting in new resident district C. Placement of the student into foster care resulting in new resident district D. Adoption resulting in new resident district E. Participation in a foreign exchange program F. Participation in a substance abuse or mental health treatment program resulting in new

resident district G. Failure of negotiations for reorganization or rejection of proposed reorganization plan* H. Failure of negotiations for whole grade sharing or rejection of whole grade sharing agreement* I. Loss of accreditation or revocation of a charter school contract*

*If “good cause” is related to change in status of child’s resident district, the open enrollment request must be filed within 45 days of last board action or within 30 days of certification of an election, whichever is applicable.

3. Request may be denied if: A. The student has been suspended or expelled by a district and has not been reinstated as a

student in that district B. Insufficient classroom space exists C. Minority/non-minority pupil ratios would be adversely affected D. An appropriate instructional program is not available E. The applicant missed the prescribed deadline and the request does not qualify for “good cause”

4. If the denial is based on a desegregation plan and/or any other reasons, it may be appealed to the Linn County District Court and cannot be appealed to the State Board of Education. An appeal must be postmarked within 30 days of the board decision.

Recommendation: It is recommended that the Board of Education approve the denial of the Open Enrollment of these students

commencing with the 2014-2015 school year.

BA-09-008/1.1

OPEN ENROLLMENT DENIALS

2014-2015 SCHOOL YEAR

Board Meeting

May 11, 2015

Enter Denial

Parent Student Grade

14-15

Resident District Requested District

Randi R. Nathan K. 0 Marion Independent Cedar Rapids Community Schools

Reason:

Insufficient Program

Space

Totals

M- Marion

BA-15-008/08.1


CONSENT AGENDA BA-15-009/16 Personnel Report (Jill Cirivello) Exhibit: BA-15-009/16.1-4 Action Item Roll Call Recommendation: It is recommended that the Board of Education approve the Personnel Report.

BA-15-009/16.1

Board Agenda: Monday, May 11, 2015

BA-15-009/01 PERSONNEL

BA-15-009/A APPOINTMENTS - SALARIED STAFF

Name Salary Placement Assignment Effective Date

Butler, Linsey TBD Elementary Spanish 2015-2016 School

Various Year

Divis, Ethan $3,511 Baseball Asst. 5/4/2015

Kennedy

Fifield, Parker $3,511 Baseball Asst. 5/4/2015

Kennedy

Gutknecht, Tracie $52,500 annual salary Purchasing Specialist 5/18/2015

prorated to $6,436.78 ELSC

Kolln, Kelly $2,717 Drama Tech 4/23/2015

Franklin

BA-15-009/B GRANTING LEAVES OF ABSENCE - SALARIED STAFF

Name Type of Leave Assignment Effective Date

Ainsworth, Kimberly Personal Kindergarten 2015-2016 School

Viola Gibson Year

Campbell, Natalie Personal 5th Grade 5/11/15-6/9/15

Wright

Carter, Jessica Personal Multicat. (0.5 FTE) 2015-2016 School

Franklin Year

Goebel, Jennifer Personal Title I (0.5 FTE) 2015-2016 School

Nixon Year

Hyland, Karen Personal Home School (0.125 FTE) 2015-2016 School

Wilson Year

Reimer, Kimberly Personal Severe/Profound 2015-2016 School

Truman Year

BA-15-009/C CHANGE OF GRADE/POSITION - SALARIED STAFF


Byrne, Jeremiah $17.19 per hour Bus Driver 4/27/2015

Transportation

BA-15-009/16.2


BA-15-009/D RESIGNATIONS - SALARIED STAFF

Name Reason Assignment Effective Date

Buesing, Chris Personal Wrestling Asst. 4/22/2015

Jefferson

Goetzinger, Charlie Personal Football Asst. 4/29/2015

Jefferson

Krebsbach, Krista Personal Media Specialist 6/9/2015

Viola Gibson/Garfield

Mackey, Gary Personal MN Basketball Asst. 4/2/2015

Kennedy

Mackey, Sara Personal Head Cheerleading 4/29/2015

Kennedy

Sanchez, Adam Personal Physical Education 6/30/2015

Washington

Sanchez, Adam Personal Head Men's Basketball 6/30/2015

Washington

Stuhr, Amelia Personal 7th Grade 6/9/2015

Franklin

Thilges, Christopher Personal Art 6/9/2015

Jackson/Wright

BA-15-009/E RETIREMENT - SALARIED STAFF

Name Assignment Effective Date

Dawson, Lynn BD 6/30/2015

Bertram/Four Oaks

BA-15-009/F APPOINTMENTS - HOURLY STAFF


Clouse, Pat $11.28 per hour Food Service Asst. 4/27/2015

Hiawatha

Riojas, Yolanda $10.42 per hour Child Care Assistant 5/4/2015

Rockwell CDC

Ruport, Jennifer $10.73 per hour Child Care Assistant 5/4/2015

Rockwell CDC

BA-15-009/G GRANTING LEAVES OF ABSENCE - HOURLY STAFF


Hanks, Michael Personal Custodian I 1/28/15-4/29/15

Van Buren

BA-15-009/16.3


White, Toni Personal Field Technician 5/14/14-1/18/15

ELSC

BA-15-009/H GRANTING EXTENSION OF LEAVES OF ABSENCE - HOURLY STAFF


Riley, Megan Personal Paraprofessional 1/6/15 - 6/5/15

Jefferson

BA-15-009/I RESIGNATIONS - HOURLY STAFF

Name Reason Assignment Effective Date

Gutknecht, Tracie To accept another B&G Project Assistant 5/18/2015

position in District ELSC

Hermanson, Riley Personal Custodian II 5/8/2015

Wilson

Joseph, Jacqueline Personal Cashier 6/3/2015

Jefferson

Pitcher, Brandi Personal Bus Attendant 5/5/2015

Transportation

Schoettmer, Julie Personal Clerk Typist 10 mo. 6/30/2015

Washington

Schulz, Amber Personal Para - Autism 1:1 4/23/2015

Viola Gibson

Stevenson, Susan Personal Para - Multicat 1:1 4/10/2015

Hiawatha

BA-15-009/J RETIREMENTS - HOURLY STAFF


Gunzenhauser, Elaine Confidential Secretary 7/30/2015

ELSC

Johnson, Mary Para - Kindergarten 6/5/2015

Nixon

Joan Moore Behavior Technician 6/5/2015

ELSC

Schinsing, Jean Elem. Principal's Secretary 6/30/2015

Erskine

Waggoner, Marie Paraprofessional 6/5/2015

Bertram/Four Oaks

BA-15-009/16.4


BA-15-009/O TERMINATIONS - HOURLY STAFF


Stiff, Mollie Paraprofessional 4/3/2015

Roosevelt

Walker, Teresa Paraprofessional 4/3/2015

Roosevelt


CONSENT AGENDA BA-15-471 Resolution – Regular School Board Election – September 8, 2015 (Laurel Day) Exhibit: BA-15-471.1 Action Item Pertinent Fact(s): 1. Iowa Code requires the Board of Education to approve a Resolution calling for a Regular School

Board Election on Tuesday, September 8, 2015. 2. Upon approval of such Resolution by the Board of Directors, authorization will be submitted to

the Linn County Commissioner of Elections to schedule the election. 3. Petitions and affidavits for candidacy for Board of Directors seats were filed with the Secretary of

the School Board no earlier than Monday, July 6, 2015, and no later than 5:00 pm Thursday, July 30, 2015.

Recommendation:

It is recommended that the Board of Education approve the Resolution calling for the Regular School Board Election for Tuesday, September 8, 2015.

RESOLUTION OF REGULAR ELECTION

WHEREAS, the Code of Iowa provides regular school elections shall be held biennial on the second

Tuesday in September in each school corporation for the purpose of submitting to the voters thereof any

matters authorized by law.

SECTION 1. That a regular school election is scheduled by law to be held in and for the Cedar

Rapids Community School District, in the county of Linn, state of Iowa, on the 8th day of September, 2015, at which there shall be submitted to the voters of said district the following to-wit:

SUBSECTION A. For the election of (1) School Director to be elected for District One.

Said election shall be for a term of four (4) years to succeed the member whose term expires at the

organization of the Board of Directors at the first regular meeting immediately following the election and

shall hold office for the term for which elected and until a successor is elected or appointed and qualified.

SUBSECTION B. For the election of (1) School Director to be elected for District Four.

Said election shall be for a term of four (4) years to succeed the member whose term expires at the

organization of the Board of Directors at the first regular meeting immediately following the election and

shall hold office for the term for which elected and until a successor is elected or appointed and qualified.

SUBSECTION C. For the election of (2) School Directors to be elected for At Large.

Said election shall be for a term of four (4) years to succeed the members whose term expires at the

organization of the Board of Directors at the first regular meeting immediately following the election and shall hold office for the term for which elected and until successors are elected or appointed and qualified.

SECTION 2. That for said election all applicable provisions of the laws of Iowa, pertaining to

elections and school elections shall become a part of this resolution as though set forth fully herein.

SECTION 3. That at the first regular meeting after the regular school election, September 14 or 28,

2015, the Board of Directors of the Cedar Rapids Community School District shall convene in the Board

Room of the Educational Leadership and Support Center, 2500 Edgewood Rd NW, Cedar Rapids, Iowa, in

said school district for the purpose of the organizational meeting of the school board.

President, Board of Directors

ATTEST:

Secretary, Board of Directors

BA-15-471.1


CONSENT AGENDA

BA-15-472 Purchasing Register – Servers and SAN (Storage Area Network) (Lori Bruzek\Tom Day)

Exhibit: BA-15-472.1

Action Item

Pertinent Fact(s):

1. Based on recommendation from the Technology SILO Oversight Committee, the District isseeking bids on a new SAN (storage area network) solution. The District will upgrade the currentstorage system to improve system performance and increase storage capacity.

2. District servers are also schedule for replacement at this time. Due to fiber connectivity now inplace between buildings, the District is able to reduce the number of servers needed throughout theDistrict by approximately one-third.

3. The SAN solution and servers replacements are anticipated expenditures based on a five-yearrefresh cycle to core District systems and is covered the Technology SILO budget.

Recommendation:

It is recommended that the Board of Education approve Purchasing Register – Servers and SAN (Storage Area Network).

CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT Purchasing Department

2500 Edgewood Rd NW

Cedar Rapids, IA 52405

PURCHASING REGISTER

Purchases for approval or ratification

Description: SAN and Server Replacement

School: District

Budget Year: 2015

First Notice Date: May 12, 2015

Second Notice Date: May 19, 2015

Bid Due Date: June 2, 2016

Estimated Cost: $400,000.00

BA-15-472.1


CONSENT AGENDA BA-15-473 Agreement – Cedar Rapids Community Schools and Juvenile Court School-Based Liaisons

Programs (Paul Hayes) Exhibit: BA-15-473.1-2 Action Item Pertinent Fact(s):

1. The on-going Agreement is between Cedar Rapids Community School District, Juvenile Court Services (JCS) of the 6th Judicial District, and the Iowa Department of Human Services (DHS). The Agreement covers the services of three Juvenile Court School Liaisons that serve adjudicated and at-risk students in our elementary, middle schools, high schools and our alternative high school.

2. The costs of the services shall be allocated as follows: for the school-based liaisons 50% comes

from DHS and the JCO’s and at least 50% from the district. 3. The Cedar Rapids Community School District’s portion of services is from the Drop Out

allocation. Recommendation: It is recommended that the Board of Education approve the on-going Agreement between Cedar Rapids

Community School District, Juvenile Court Services, and the Iowa Department of Human Services for Juvenile Court School Liaisons.

JUV-12-SB-6-002

Page 1 of 2

Fourth Amendment to the Juvenile Court School Liaison Program

Contract

This Amendment to Contract Number JUV-12-SB-6-002 is effective as of July 1, 2015, between

the Juvenile Court Services for the 6th Judicial District of Iowa (JCS), the Iowa Department of

Human Services (Agency), and Cedar Rapids Community School District (Contractor).

Section 1: Amendment to Contract Language

The Contract is amended as follows:

Revision 1. Contract Duration. The Contract is hereby extended from July 1, 2015, through

June 30, 2016.

Revision 2. Section 5.1, Rate and Maximum Amounts, is deleted and replaced as follows:

5.1.1 The maximum program cost for the fifth year of the contract is $304,000.

(1) Fifth year program costs 50% or $152,750 paid by the DHS.

1. $150.00 per Liaison for the Annual School Liaison Conference expenses.

2. $152,000 for Salary, Taxes, Retirement and Benefits

(2) Fifth year program costs 50% or $152,000 paid by the District

Revision 3. Section 6.2 Term, is hereby amended as follows:

6.2 Renewal Terms. JCS and the DHS may, in their sole discretion, renew this contract for one

(1) additional one-year terms. JCS and the DHS have executed the option for a one term period

from July 1, 2015 to June 30, 2016.

Section 2: Ratification & Authorization

Except as expressly amended and supplemented herein, the Contract shall remain in full force

and effect, and the parties hereby ratify and confirm the terms and conditions thereof. Each party

to this Amendment represents and warrants to the other that it has the right, power, and authority

to enter into and perform its obligations under this Amendment, and it has taken all requisite

actions (corporate, statutory, or otherwise) to approve execution, delivery and performance of

this Amendment, and that this Amendment constitutes a legal, valid, and binding obligation.

BA-15-473.1

JUV-12-SB-6-002

Page 2 of 2

Section 3: Execution

IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for

other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are

hereby acknowledged, the parties have entered into the above Amendment and have caused their

duly authorized representatives to execute this Amendment.

Juvenile Court Services, 6th Judicial District of Iowa Iowa Department of Human Services

Signature of Authorized Representative: Date: Signature of Authorized Representative: Date:

Printed Name: Candice L. Bennett, Chief Juvenile

Court Officer

Printed Name: Charles M. Palmer, Director

Cedar Rapids Community School District

Signature of Authorized Representative: Date:

Printed Name:

Laurel A. Day

5/11/15

BA-15-473.2


CONSENT AGENDA BA-15-474 Cooperative Agreement – CRCSD Kennedy High School with Xavier High School for

Orchestra 2015-2016 School Year (Mary Ellen Maske) Exhibit: BA-15-474.1 Action Item Pertinent Fact(s): 1. According to Iowa Code 281-36.20(280), in the event a school does not directly make

participation in an interscholastic activity available to its students, the governing board of the school may, by formally adopted policy, if among its own attendance centers, or by written agreement with the governing board of another member school or schools, provide for the eligibility of its students in interscholastic activities provided by another school or schools.

2. Agreements shall be for a minimum of one school year. The proposed agreement for

consideration and approval is a renewal for the 2015-16 school year. 3. An application for “Cooperative Sponsorship of an Activity” has been received by the Cedar

Rapids School District: ~on behalf of Xavier High School and Cedar Rapids Kennedy High School for the 2015-16 school year.

Recommendation:

It is recommended that the Board of Education approve the Application for Cooperative Sponsorship of an Activity on behalf of Xavier High School and Cedar Rapids Kennedy High School for the 2015-16 school year and, submit the application to the appropriate governing organizations.

BA-15-474.1


CONSENT AGENDA BA-15-475 Agreement – Cedar Rapids Community Schools and Unity Point St. Luke’s Hospital (Sheila Lehman) Exhibit: BA-15-475.1 Action Item Pertinent Fact(s):

1. This is an on-going and unchanged Agreement between the Cedar Rapids Community School District and St. Luke’s Hospital that provides educational services to young people while they are in temporary residential care in the psychiatric unit at St. Luke’s Hospital.

2. Two District teachers and two paraprofessionals work in an elementary child unit and secondary

adolescent unit respectively within the locked area at the hospital. Children who are patients in the units attend school for half of each day until they are discharged.

3. St. Luke’s Hospital provides the classroom space and hospital support services as a part of the

Agreement. Recommendation:

It is recommended that the Board of Education approve the on-going Agreement between the Cedar Rapids Community Schools and Unity Point St. Luke’s Hospital.

AGREEMENT BETWEEN

THE CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT

AND UNITY POINT ST. LUKE’S HOSPITAL

This agreement is entered into by and between Cedar Rapids Community School District and Unity

Point St. Luke’s Hospital pursuant to the provisions of Senate File 2320.

Services to be provided under this agreement shall begin on August 19, 2015 and continue through

the end of the 15-16 school year (at this time noted as June 3, 2016) as described.

I. Cedar Rapids Community School District shall:

A. provide and supervise appropriately licensed staff for the classrooms within the Child

and Adolescent Psychiatric Unit of Unity Point St. Luke’s Hospital;

B. provide appropriate instructional materials and technology to support student needs;

C. maintain appropriate educational and billing data on students served in the educational

classes;

D. bill districts for educational services provided to non-resident students on a bi-monthly

basis;

E. apply fees collected on non-resident students served in the unit to the District cost of

operating the classes;

F. charge a 6% administrative fee for costs associated with billing other districts. The 6% is

based on the amounts billed to other districts and does not include any amount paid for

Cedar Rapids residents.

G. assist Unity Point St. Luke’s Hospital in compliance with the federal HIPAA (Health

Insurance Portability Accountability Act) regulations.

II. Unity Point Hospital shall:

A. provide appropriate educational and billing data to Cedar Rapids Community School

District;

B. provide space for the classes;

C. assume deficit costs for educational expenditures beyond the revenues collected for

resident and non-resident students served in the unit during the 2013-2014 school year

(deficit costs shall be paid to Cedar Rapids Community School District by June 30,

2016).

This agreement may be adjusted or terminated by mutual agreement due to funding or other

problematic reasons.

__________________________________________________ ____________________ Cedar Rapids Community School District Authorized Representative Date

__________________________________________________ ____________________ Unity Point St. Luke’s Hospital Authorized Representative Date

5/11/2015

BA-15-475.1


CONSENT AGENDA BA-15-476 Agreement – Cedar Rapids Community School District and Linn County DECAT –

Life Skills Coach (Paul Hayes) Exhibit: BA-15-476.1-26 Action Item Pertinent Fact(s): 1. The District has a number of at-risk children and children under the jurisdiction of juvenile court.

The program will serve students in elementary and middle school that are under the jurisdiction of juvenile court.

2. The Life Skills Coach will be housed at Polk Alternative Center to support identified students in

the District with issues such as behavior, truancy, and achievement of academic goals. 3. DECAT fully funds cost of the program. Recommendation: It is recommended that the Board of Education approve the Agreement between the Cedar Rapids

Community School District and Linn County DECAT – Life Skills Coach.

DCAT4-16-009

Page 1 of 26

Form Date 3/30/15

CONTRACT DECLARATIONS AND EXECUTION Intergovernmental Contract: Non-State Agency

RFP # Contract #

N/A DCAT4-16-009

Title of Contract

Life Skills Coach at Cedar Rapids Community School District

This Contract must be signed by all parties before the Contractor provides any Deliverables. The Agency is not

obligated to make payment for any Deliverables provided by or on behalf of the Contractor before the Contract is

signed by all parties. This Contract is entered into by the following parties:

Agency of the State (hereafter “Agency”) Name/Principal Address of Agency: Iowa Department of Human Services

1305 E. Walnut

Des Moines, IA 50319

Agency Billing Contact Name / Address: Judy Phelps

411 3rd Street SE Ste 300

Cedar Rapids IA 52401

Phone: (319) 892-6710

Agency Contract Manager (hereafter “Contract Manager” )

/Address (“Notice Address”):

Judy Phelps



Agency Contract Owner (hereafter “Contract Owner”) /

Address:

Matt Majeski



E-Mail: [email protected] E-Mail: [email protected]

Phone: (319) 892-6710

Contractor: (hereafter “Contractor”) Legal Name: Cedar Rapids Community School District Contractor’s Principal Address:

Educational Leadership & Support Center

2500 Edgewood Rd NW

Cedar Rapids, IA. 52405

Tax ID #: 42-6023551 Organized under the laws of: State of Iowa

Contractor’s Contract Manager Name/Address (“Notice

Address”):

Paul Hayes


2500 Edgewood Rd NW


Contractor’s Billing Contact Name/Address:

Sherry Luskey


2500 Edgewood Rd NW


Phone: (319) 558-3218

Phone: (319) 558-2259

E-Mail: [email protected]

BA-15-476.1-26

DCAT4-16-009

Page 2 of 26

Form Date 3/30/15

Contract Information Start Date: 07/01/15 End Date of Base Term of Contract: 06/30/16

Possible Extension(s): The Agency shall have the option to extend this Contract up to 1 additional 1-year extensions.

Contractor a Business Associate? Yes Contract Warranty Period (hereafter “Warranty

Period”): The term of this Contract, including any

extensions.

Contract Include Sharing SSA Data? No Contract Payments include Federal Funds? No

Contractor subject to Iowa Code Chapter 8F? N/A Contract Contingent on Approval of Another Agency:

No

Contractor a Qualified Service Organization? Yes

Contract Execution

This Contract consists of this Contract Declarations and Execution Section, the attached General Terms for Services

Contracts, Special Terms, and all Special Contract Attachments. In consideration of the mutual covenants in this

Contract and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are

hereby acknowledged, the parties have entered into this Contract and have caused their duly authorized

representatives to execute this Contract.

Contractor, Cedar Rapids Community School District Agency, Iowa Department of Human Services



Printed Name: Printed Name: Matt Majeski

Title: Title: Service Area Manager

Linn County Decategorization Board


Printed Name: John Brandt

Title: Chair

BA-15-476.1-26

Laurel A. DayBoard Secretary

5/11/2015

DCAT4-16-009

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Form Date 3/30/15

SECTION 1: SPECIAL TERMS

1.1 Special Terms Definitions.

N/A.

1.2 Contract Purpose.

Enhance student engagement through the use of Check & Connect and individual skill building services to at-risk

youth at Cedar Rapids Community School District.

1.3 Scope of Work.

1.3.1 Deliverables.

The Contractor shall provide the following:

1. At least 1.0 FTE qualified staff person and adequate office space, supplies, school district e-mail and access to

student information systems to administer the Life Skills program.

2. Primary population for services is elementary and middle school youth at Cedar Rapids Community School

District (CRCSD) who are under the jurisdiction of juvenile court. A secondary population for services is CRCSD

youth identified by Juvenile Court Services or Cedar Rapids Community School District as at-risk and in need of

life skills services.

3. Services will typically be provided 8:00 a.m. to 4:00 p.m. during the normal school year calendar and at

attendance centers where Cedar Rapids Community School District student(s) are being served.

4. Staff trained on the model will implement Check & Connect, a research-based intervention model for

promoting student engagement at school and with learning.

5. Provides life skills services to students in group settings and/or individually.

6. Provides support with student’s personal skills, problem solving, accountability and acceptance of

responsibility.

7. Assists with transitioning of youth from residential settings to the school system.

8. Assists staff with strategies to support and meet students’ needs in the areas of behavior, truancy, and

achievement of academic goals. Attends weekly Learning Support meetings as appropriate.

9. Connects youth and family to resources in the school and community.

10. Promotes family engagement in school based-activities.

11. Provides active communication and positive relationships with parents, juvenile court, students, staff, and

community members.

12. Attends court hearings and provides written court reports for youth as assigned.

13. Completes and submits data and reports as designated by Juvenile Court. Provides quality assurance reviews

to the 6th Judicial Court.

14. Maintains appropriate records and protects the confidentiality of data.

15. Progress reports are to be submitted on the form provided by the Linn County Decat staff. Reports are to be

submitted via e-mail to the Linn County Decat staff or designee by the following deadlines: October 15th, January

15th, April 15th and July 15th or the date specified on the report form.

16. Payment will be made by DHS but the claim forms are to be submitted to Linn County. Contractor will submit

an original signature on a DHS claim form (GAX) and documentation of expenses to fiscal staff at Linn County

Community Services by the 20th of each month. Attn: Cathy Ryan, Linn County Fiscal Staff, 930 First Street SW,

Cedar Rapids, IA 52404. Submit 2 copies of your contract and 1 copy of the Pre-Contract Questionnaire (PCQ)

along with the first GAX.

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Form Date 3/30/15

1.3.2 Performance Measures.

1. 30 eligible youth will be served by Life Skills Coach.

2. Please provide:

a) Average # of youth who receive weekly contact by Life Skills Coach.

b) Unduplicated # of Families served by Life Skills Coach that receive 2 face-to-face contacts.

c) Unduplicated # of Families served that attend a family engagement event.

d) Unduplicated # of Families served that participate in a parent-teacher conference.

3. 50% of Check & Connect participants will show improvement in the areas of attendance, behavior, and/ or

academic achievement as measured by the CRCSD Student Supports database.

4. 50% of identified students will have at least an 80% attendance rate.

5. 50% of identified students will have fewer than two (2) office referrals.

6. 30% reduction in # of elementary and middle school youth being charged with school-based criminal offenses.

1.3.3 Monitoring, Review, and Problem Reporting.

1.3.3.1 Agency Monitoring Clause. The Contract Manager or designee will:

Verify Invoices and supporting documentation itemizing work performed prior to payment;

Determine compliance with general contract terms, conditions, and requirements; and

Assess compliance with Deliverables, performance measures, or other associated requirements based on the

following:

The Linn County Decat Board will assist the Contract Manager to monitor the performance of the

Contractor. Decat Board monitoring activities include:

a) Contractor budget utilization reviewed at least 5 times per fiscal year.

b) Contractor progress report reviewed at least 2 times per fiscal year.

c) Contractor presentation to the Linn County Decat Board upon request.

d) Linn County Community Services fiscal staff will provide fiscal monitoring services on claims and

documentation.

1.3.3.2 Agency Review Clause. The Contract Manager or designee will use the results of monitoring activities

and other relevant data to assess the Contractor’s overall performance and compliance with the Contract. At a

minimum, the Agency will conduct a review annually; however, reviews may occur more frequently at the

Agency’s discretion. As part of the review(s), the Agency may require the Contractor to provide additional data,

may perform on-site reviews, and may consider information from other sources.

The Agency may require one or more meetings to discuss the outcome of a review. Meetings may be held in

person. During the review meetings, the parties will discuss the Deliverables that have been provided or are in

process under this Contract, achievement of the performance measures, and any concerns identified through the

Agency’s contract monitoring activities.

1.3.3.3 Problem Reporting. As stipulated by the Agency, the Contractor and/or Agency shall provide a report

listing any problem or concern encountered. Records of such reports and other related communications issued in

writing during the course of Contract performance shall be maintained by the parties. At the next scheduled

meeting after a problem has been identified in writing, the party responsible for resolving the problem shall

provide a report setting forth activities taken or to be taken to resolve the problem together with the anticipated

completion dates of such activities. Any party may recommend alternative courses of action or changes that will

facilitate problem resolution. The Contract Owner has final authority to approve problem-resolution activities.

The Agency’s acceptance of a problem report shall not relieve the Contractor of any obligation under this

Contract or waive any other remedy. The Agency’s inability to identify the extent of a problem or the extent of

damages incurred because of a problem shall not act as a waiver of performance or damages under this Contract.

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Form Date 3/30/15

1.3.3.4 Addressing Deficiencies. To the extent that Deficiencies are identified in the Contractor’s performance

and notwithstanding other remedies available under this Contract, the Agency may require the Contractor to

develop and comply with a plan acceptable to the Agency to resolve the Deficiencies.

1.3.4 Contract Payment Clause.

1.3.4.1 Pricing. In accordance with the payment terms outlined in this section and Contractor’s completion of the

Scope of Work as set forth in this Contract, the Contractor will be compensated an amount not to exceed

$100,000.00 during the entire term of this Contract, which includes any extensions or renewals thereof. Payment

will occur as follows:

Payment Table

Contract Duration Amount Not to Exceed

Base Term $50,000.00

Extension Year 1 $50,000.00

Note: continued payment for contract extension years is contingent upon extension of the Contract.

1.3.4.2 Payment Methodology.

Failure to meet the performance measures will result in reduction of payment. Contractor will be reimburse as

follows:

a) Meet 4 or more performance measures = 100% of actual expenses.

b) Meet 3 performance measures = 90% of actual expenses.

c) Meet less than 3 performance measures = 50% of actual expenses.

1.3.4.3 Timeframes for Regular Submission of Initial and Adjusted Invoices. The Contractor shall submit an

Invoice for services rendered in accordance with this Contract. Invoice(s) shall be submitted monthly. Unless a

longer timeframe is provided by federal law, and in the absence of the express written consent of the Agency, all

Invoices shall be submitted within six months from the last day of the month in which the services were rendered.

All adjustments made to Invoices shall be submitted to the Agency within ninety (90) days from the date of the

Invoice being adjusted. Invoices shall comply with all applicable rules concerning payment of such claims.

1.3.4.4 Submission of Invoices at the End of State Fiscal Year. Notwithstanding the timeframes above, and

absent (1) longer timeframes established in federal law or (2) the express written consent of the Agency, the

Contractor shall submit all Invoices to the Agency for payment by August 1st for all services performed in the

preceding state fiscal year (the State fiscal year ends June 30).

1.3.4.5 Payment of Invoices. The Agency shall verify the Contractor’s performance of the Deliverables and

timeliness of Invoices before making payment. The Agency will not pay Invoices that are not considered timely

as defined in this Contract. If the Contractor wishes for untimely Invoice(s) to be considered for payment, the

Contractor may submit the Invoice(s) in accordance with instructions for the Long Appeal Board Process to the

State Appeal Board for consideration. Instructions for this process may be found at:

http://www.dom.state.ia.us/appeals/general_claims.html.

The Agency shall pay all approved Invoices in arrears. The Agency may pay in less than sixty (60) days, but an

election to pay in less than sixty (60) days shall not act as an implied waiver of Iowa law.

1.3.4.6 Reimbursable Expenses. Unless otherwise agreed to by the parties in an amendment to the Contract that

is executed by the parties, the Contractor shall not be entitled to receive any other payment or compensation from

the State for any Deliverables provided by or on behalf of the Contractor pursuant to this Contract. The

Contractor shall be solely responsible for paying all costs, expenses, and charges it incurs in connection with its

performance under this Contract.

BA-15-476.1-26

http://www.dom.state.ia.us/appeals/general_claims.html

DCAT4-16-009

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Form Date 3/30/15

1.3.4.7 Travel Expenses. If the Contract requires the Agency to reimburse the Contractor for costs associated

with transportation, meals, and lodging incurred by the Contractor for travel, such reimbursement shall be limited

to travel directly related to the services performed pursuant to this Contract that has been approved in advance by

the Agency in writing. Travel-related expenses shall not exceed the maximum reimbursement rates applicable to

employees of the State of Iowa as set forth in the Department of Administrative Services’ State Accounting Policy

and Procedures Manual, Section 210, (http://das.sae.iowa.gov/internal_services/210_travel.html) and must be

consistent with all Iowa Executive Orders currently in effect. The Contractor agrees to use the most economical

means of transportation available and shall comply with all travel policies of the State. The Contractor shall

submit original, itemized receipts and any other supporting documentation required by Section 210 and Iowa

Executive Orders to substantiate expenses submitted for reimbursement.

1.4 Insurance Coverage.

The Contractor and any subcontractor shall obtain the following types of insurance for at least the minimum

amounts listed below:

Type of Insurance Limit Amount General Liability (including contractual liability) written on

occurrence basis

General Aggregate

Product/Completed

Operations Aggregate

Personal Injury

Each Occurrence

$2 Million

$1 Million

$1 Million

$1 Million

Automobile Liability (including any auto, hired autos, and

non-owned autos)

Combined Single Limit

$1 Million

Excess Liability, Umbrella Form Each Occurrence

Aggregate

$1 Million

$1 Million

Workers’ Compensation and Employer Liability As required by Iowa law As Required by Iowa

law

Property Damage

Each Occurrence

Aggregate

$1 Million

$1 Million

Professional Liability Each Occurrence

Aggregate

$2 Million

$2 Million

1.5 Business Associate Agreement. The Contractor, acting as the Agency’s Business Associate, performs certain

services on behalf of or for the Agency pursuant to this Contract that require the exchange of information that is

protected by the Health Insurance Portability and Accountability Act of 1996, as amended, and the federal

regulations published at 45 CFR part 160 and 164. The Business Associate agrees to comply with the Business

Associate Agreement Addendum (BAA), and any amendments thereof, as posted to the Agency’s website:

http://dhs.iowa.gov/HIPAA/baa. This BAA, and any amendments thereof, is incorporated into the Contract by

reference.

By signing this Contract, the Business Associate consents to receive notice of future amendments to the BAA

through electronic mail. The Business Associate shall file and maintain a current electronic mail address with the

Agency for this purpose. The Agency may amend the BAA by posting an updated version of the BAA on the

Agency’s website at: http://dhs.iowa.gov/HIPAA/baa, and providing the Business Associate electronic notice of

the amended BAA. The Business Associate shall be deemed to have accepted the amendment unless the Business

Associate notifies the Agency of its non-acceptance in accordance with the Notice provisions of the Contract

within 30 days of the Agency’s notice referenced herein. Any agreed alteration of the then current Agency BAA

shall have no force or effect until the agreed alteration is reduced to a Contract amendment that must be signed by

the Business Associate, Agency Director, and the Agency Security and Privacy Officer.

BA-15-476.1-26

http://das.sae.iowa.gov/internal_services/210_travel.html

http://das.sae.iowa.gov/internal_services/210_travel.html

http://dhs.iowa.gov/HIPAA/baa

http://dhs.iowa.gov/HIPAA/baa

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Form Date 3/30/15

1.6 Qualified Service Organization. The Contractor acknowledges that it will be receiving, storing, processing,

or otherwise dealing with confidential patient records from programs covered by 42 CFR part 2, and the

Contractor acknowledges that it is fully bound by those regulations. The Contractor will resist in judicial

proceedings any efforts to obtain access to patient records except as permitted by 42 CFR part 2. “Qualified

Service Organization” as used in this Contract has the same meaning as the definition set forth in 42 CFR § 2.11.

BA-15-476.1-26

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Form Date 3/30/15

SECTION 2. GENERAL TERMS FOR SERVICES

CONTRACTS

2.1 Definitions. Definitions in this section

correspond with capitalized terms in the Contract.

“Acceptance” means that the Agency has

determined that one or more Deliverables satisfy the

Agency’s Acceptance Tests. Final Acceptance

means that the Agency has determined that all

Deliverables satisfy the Agency’s Acceptance Tests.

Non-acceptance means that the Agency has

determined that one or more Deliverables have not

satisfied the Agency’s Acceptance Tests.

“Acceptance Criteria” means the Specifications,

goals, performance measures, testing results and/or

other criteria designated by the Agency and against

which the Deliverables may be evaluated for

purposes of Acceptance or Non-acceptance thereof.

“Acceptance Tests” or “Acceptance Testing” mean

the tests, reviews, and other activities that are

performed by or on behalf of the Agency to

determine whether the Deliverables meet the

Acceptance Criteria or otherwise satisfy the Agency,

as determined by the Agency in its sole discretion.

“Bid Proposal” or “Proposal” means the

Contractor’s proposal submitted in response to the

Solicitation, if this Contract arises out of a

competitive process.

“Business Days” means any day other than a

Saturday, Sunday, or State holiday as specified by

Iowa Code §1C.2.

“Confidential Information” means, subject to any

applicable State and federal laws and regulations,

including but not limited to Iowa Code Chapter 22,

any confidential or proprietary information or trade

secrets disclosed by either party (a “Disclosing

Party”) to the other party (a “Receiving Party”) that,

at the time of disclosure, is designated as confidential

(or like designation), is disclosed in circumstances of

confidence, or would be understood by the parties,

exercising reasonable business judgment, to be

confidential. Regardless of whether or not the

following information is designated as confidential,

the term Confidential Information includes

information that could be used to identify recipients

or applicants of Agency services and recipients of

Contract services including Protected Health

Information (45 C.F.R. § 160.103) and Personal

Information (Iowa Code § 715C.1(11)), Agency

security protocols and procedures, Agency system

architecture, information that could compromise the

security of the Agency network or systems, and

information about the Agency’s current or future

competitive procurements, including the evaluation

process prior to the formal announcement of results.

Confidential Information does not include

any information that: (1) was rightfully in the

possession of the Receiving Party from a source other

than the Disclosing Party prior to the time of

disclosure of the information by the Disclosing Party

to the Receiving Party; (2) was known to the

Receiving Party prior to the disclosure of the

information by the Disclosing Party; (3) was

disclosed to the Receiving Party without restriction

by an independent third party having a legal right to

disclose the information; (4) is in the public domain

or shall have become publicly available other than as

a result of disclosure by the Receiving Party in

violation of this Agreement or in breach of any other

agreement with the Disclosing Party; (5) is

independently developed by the Receiving Party

without any reliance on Confidential Information

disclosed by the Disclosing Party; (6) is disclosed or

is required or authorized to be disclosed pursuant to

law, rule, regulation, subpoena, summons, or the

order of a court, lawful custodian, governmental

agency or regulatory authority, or by applicable

regulatory or professional standards; or (7) is

disclosed by the Receiving Party with the written

consent of the Disclosing Party.

“Contract” means the collective documentation

memorializing the terms of the agreement between

the Agency and the Contractor identified in the

Contract Declarations and Execution Section and

includes the signed Contract Declarations and

Execution Section, the General Terms for Services

Contracts, the Special Terms, and any Special

Contract Attachments, as these documents may be

amended from time to time.

“Deficiency” means a defect, flaw, anomaly, failure,

omission, interruption of service, or other problem of

any nature whatsoever with respect to a Deliverable,

including, without limitation, any failure of a

Deliverable to conform to or meet an applicable

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specification. Deficiency also includes the lack of

something essential or necessary for completeness or

proper functioning of a Deliverable.

“Deliverables” means all of the services, goods,

products, work, work product, data, items, materials

and property to be created, developed, produced,

delivered, performed, or provided by or on behalf of,

or made available through, the Contractor (or any

agent, contractor or subcontractor of the Contractor)

in connection with this Contract. This includes data

that is collected on behalf of the Agency.

“Documentation” means any and all technical

information, commentary, explanations, design

documents, system architecture documents, database

layouts, test materials, training materials, guides,

manuals, worksheets, notes, work papers, and all

other information, documentation and materials

related to or used in conjunction with the

Deliverables, in any medium, including hard copy,

electronic, digital, and magnetically or optically

encoded media.

“Force Majeure” means an event that no human

foresight could anticipate or which if anticipated, is

incapable of being avoided. Circumstances must be

abnormal and unforeseeable, so that the

consequences could not have been avoided through

the exercise of all due care. The delay or

impossibility of performance must be beyond the

control and without the fault or negligence of the

parties. Force Majeure does not include: financial

difficulties of the Contractor or any parent,

subsidiary, affiliated or associated company of the

Contractor; claims or court orders that restrict the

Contractor’s ability to deliver the Deliverables

contemplated by this Contract; strikes; labor unrest;

or supply chain disruptions.

“Invoice” means a Contractor’s claim for payment.

At the Agency’s discretion, claims may be submitted

on an original invoice from the Contractor or may be

submitted on a claim form acceptable to the Agency,

such as a General Accounting Expenditure (GAX)

form.

“Solicitation” means the formal or informal

procurement (and any Addenda thereto) identified in

the Contracts Declarations and Execution Section

that was issued to solicit the Bid Proposal leading to

this Contract.

“Special Contract Attachments” means any

attachment to this Contract.

“Special Terms” means the Section of the Contract

entitled “Special Terms” that contains terms specific

to this Contract, including but not limited to the

Scope of Work and contract payment terms. If there

is a conflict between the General Terms for Services

Contracts and the Special Terms, the Special Terms

shall prevail.

“Specifications” means all specifications,

requirements, technical standards, performance

standards, representations, and other criteria related

to the Deliverables stated or expressed in this

Contract, the Documentation, the Solicitation, and the

Bid Proposal. Specifications shall include the

Acceptance Criteria and any specifications,

standards, or criteria stated or set forth in any

applicable state, federal, foreign, and local laws, rules

and regulations. The Specifications are incorporated

into this Contract by reference as if fully set forth in

this Contract.

“State” means the State of Iowa, the Agency, and all

State of Iowa agencies, boards, and commissions, and

when this Contract is available to political

subdivisions, any political subdivisions of the State

of Iowa.

2.2 Duration of Contract. The term of the Contract

shall begin and end on the dates specified in the

Contract Declarations and Execution Section, unless

extended or terminated earlier in accordance with the

termination provisions of this Contract. The Agency

may, in its sole discretion, amend the end date of this

Contract by exercising any applicable extension by

giving the Contractor a written extension at least

sixty (60) days prior to the expiration of the initial

term or renewal term.

2.3 Scope of Work. The Contractor shall provide

Deliverables that comply with and conform to the

Specifications. Deliverables shall be performed

within the boundaries of the United States.

2.4 Compensation.

2.4.1 Withholding Payments. In addition to

pursuing any other remedy provided herein or by law,

the Agency may withhold compensation or payments

to the Contractor, in whole or in part, without penalty

to the Agency or work stoppage by the Contractor, in

the event the Agency determines that: (1) the

Contractor has failed to perform any of its duties or

obligations as set forth in this Contract; (2) any

Deliverable has failed to meet or conform to any

applicable Specifications or contains or is

experiencing a Deficiency; or (3) the Contractor has

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failed to perform Close-Out Event(s). No interest

shall accrue or be paid to the Contractor on any

compensation or other amounts withheld or retained

by the Agency under this Contract.

2.4.2 Erroneous Payments and Credits. The

Contractor shall promptly repay or refund the full

amount of any overpayment or erroneous payment

within thirty (30) Business Days after either

discovery by the Contractor or notification by the

Agency of the overpayment or erroneous payment.

2.4.3 Offset Against Sums Owed by the

Contractor. In the event that the Contractor owes

the State any sum under the terms of this Contract,

any other contract or agreement, pursuant to a

judgment, or pursuant to any law, the State may, in

its sole discretion, offset any such sum against: (1)

any sum Invoiced by, or owed to, the Contractor

under this Contract, or (2) any sum or amount owed

by the State to the Contractor, unless otherwise

required by law. The Contractor agrees that this

provision constitutes proper and timely notice under

any applicable laws governing offset.

2.5 Termination.

2.5.1 Termination for Cause by the Agency. The

Agency may terminate this Contract upon written

notice for the breach by the Contractor or any

subcontractor of any material term, condition or

provision of this Contract, if such breach is not cured

within the time period specified in the Agency’s

notice of breach or any subsequent notice or

correspondence delivered by the Agency to the

Contractor, provided that cure is feasible. In

addition, the Agency may terminate this Contract

effective immediately without penalty and without

advance notice or opportunity to cure for any of the

following reasons:

2.5.1.1 The Contractor furnished any statement,

representation, warranty, or certification in

connection with this Contract, the Solicitation, or the

Bid Proposal that is false, deceptive, or materially

incorrect or incomplete;

2.5.1.2 The Contractor or any of the Contractor’s

officers, directors, employees, agents, subsidiaries,

affiliates, contractors or subcontractors has

committed or engaged in fraud, misappropriation,

embezzlement, malfeasance, misfeasance, or bad

faith;

2.5.1.3 The Contractor or any parent or affiliate of

the Contractor owning a controlling interest in the

Contractor dissolves;

2.5.1.4 The Contractor terminates or suspends its

business;

2.5.1.5 The Contractor’s corporate existence or good

standing in Iowa is suspended, terminated, revoked or

forfeited, or any license or certification held by the

Contractor related to the Contractor’s performance

under this Contract is suspended, terminated,

revoked, or forfeited;

2.5.1.6 The Contractor has failed to comply with any

applicable international, federal, state or local laws,

rules, ordinances, regulations, or orders when

performing within the scope of this Contract;

2.5.1.7 The Agency determines or believes the

Contractor has engaged in conduct that: (1) has or

may expose the Agency or the State to material

liability; or (2) has caused or may cause a person’s

life, health, or safety to be jeopardized;

2.5.1.8 The Contractor infringes or allegedly

infringes or violates any patent, trademark, copyright,

trade dress, or any other intellectual property right or

proprietary right, or the Contractor misappropriates

or allegedly misappropriates a trade secret;

2.5.1.9 The Contractor fails to comply with any

applicable confidentiality laws, privacy laws, or any

provisions of this Contract pertaining to

confidentiality or privacy; or

2.5.1.10 Any of the following has been engaged in by

or occurred with respect to the Contractor or any

corporation, shareholder or entity having or owning a

controlling interest in the Contractor:

Commencing or permitting a filing against it which

is not discharged within ninety (90) days, of a case or

other proceeding seeking liquidation, reorganization,

or other relief with respect to itself or its debts under

any bankruptcy, insolvency, or other similar law now

or hereafter in effect; or filing an answer admitting

the material allegations of a petition filed against it in

any involuntary case or other proceeding commenced

against it seeking liquidation, reorganization, or other

relief under any bankruptcy, insolvency, or other

similar law now or hereafter in effect with respect to

it or its debts; or consenting to any such relief or to

the appointment of or taking possession by any such

official in any voluntary case or other proceeding

commenced against it seeking liquidation,

reorganization, or other relief under any bankruptcy,

insolvency, or other similar law now or hereafter in

effect with respect to it or its debts;

Seeking or suffering the appointment of a trustee,

receiver, liquidator, custodian or other similar official

of it or any substantial part of its assets;

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Making an assignment for the benefit of creditors;

Failing, being unable, or admitting in writing the

inability generally to pay its debts or obligations as

they become due or failing to maintain a positive net

worth and such additional capital and liquidity as is

reasonably adequate or necessary in connection with

the Contractor’s performance of its obligations under

this Contract; or

Taking any action to authorize any of the

foregoing.

2.5.2 Termination Upon Notice. Following a thirty

(30) day written notice, the Agency may terminate

this Contract in whole or in part without penalty and

without incurring any further obligation to the

Contractor. Termination can be for any reason or no

reason at all.

2.5.3 Termination Due to Lack of Funds or

Change in Law. Notwithstanding anything in this

Contract to the contrary, and subject to the limitations

set forth below, the Agency shall have the right to

terminate this Contract without penalty and without

any advance notice as a result of any of the

following:

2.5.3.1 The legislature or governor fail in the sole

opinion of the Agency to appropriate funds sufficient

to allow the Agency to either meet its obligations

under this Contract or to operate as required and to

fulfill its obligations under this Contract; or

2.5.3.2 If funds are de-appropriated, reduced, not

allocated, or receipt of funds is delayed, or if any

funds or revenues needed by the Agency to make any

payment hereunder are insufficient or unavailable for

any other reason as determined by the Agency in its

sole discretion; or

2.5.3.3 If the Agency’s authorization to conduct its

business or engage in activities or operations related

to the subject matter of this Contract is withdrawn or

materially altered or modified; or

2.5.3.4 If the Agency’s duties, programs or

responsibilities are modified or materially altered; or

2.5.3.5 If there is a decision of any court,

administrative law judge or an arbitration panel or

any law, rule, regulation, or order is enacted,

promulgated, or issued that materially or adversely

affects the Agency’s ability to fulfill any of its

obligations under this Contract.

The Agency shall provide the Contractor with written

notice of termination pursuant to this section.

2.5.4 Other remedies. The Agency’s right to

terminate this Contract shall be in addition to and not

exclusive of other remedies available to the Agency,

and the Agency shall be entitled to exercise any other

rights and pursue any remedies, in law, at equity, or

otherwise.

2.5.5 Limitation of the State’s Payment

Obligations. In the event of termination of this

Contract for any reason by either party (except for

termination by the Agency pursuant to Section 2.5.1,

Termination for Cause by the Agency) the Agency

shall pay only those amounts, if any, due and owing

to the Contractor hereunder for Deliverables actually

and satisfactorily provided in accordance with the

provisions of this Contract up to and including the

date of termination of this Contract and for which the

Agency is obligated to pay pursuant to this Contract;

provided however, that in the event the Agency

terminates this Contract pursuant to Section 2.5.3,

Termination Due to Lack of Funds or Change in

Law, the Agency’s obligation to pay the Contractor

such amounts and other compensation shall be

limited by, and subject to, legally available funds.

Payment will be made only upon submission of

Invoices and proper proof of the Contractor’s claim.

Notwithstanding the foregoing, this section in no way

limits the rights or remedies available to the Agency

and shall not be construed to require the Agency to

pay any compensation or other amounts hereunder in

the event of the Contractor’s breach of this Contract

or any amounts withheld by the Agency in

accordance with the terms of this Contract. The

Agency shall not be liable, under any circumstances,

for any of the following:

2.5.5.1 The payment of unemployment compensation

to the Contractor’s employees;

2.5.5.2 The payment of workers’ compensation

claims, which occur during the Contract or extend

beyond the date on which the Contract terminates;

2.5.5.3 Any costs incurred by the Contractor in its

performance of the Contract, including, but not

limited to, startup costs, overhead, or other costs

associated with the performance of the Contract;

2.5.5.4 Any damages or other amounts associated

with the loss of prospective profits, anticipated sales,

goodwill, or for expenditures, investments, or

commitments made in connection with this Contract;

or

2.5.5.5 Any taxes the Contractor may owe in

connection with the performance of this Contract,

including, but not limited to, sales taxes, excise taxes,

use taxes, income taxes, or property taxes.

2.5.6 Contractor’s Contract Close-Out Duties.

Upon receipt of notice of termination, at expiration of

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the Contract, or upon request of the Agency

(hereafter, “Close-Out Event”), the Contractor shall:

2.5.6.1 Cease work under this Contract and take all

necessary or appropriate steps to limit disbursements

and minimize costs, and furnish a report within thirty

(30) days of the Close-Out Event, describing the

status of all work performed under the Contract and

such other matters as the Agency may require.

2.5.6.2 Immediately cease using and return to the

Agency any property or materials, whether tangible

or intangible, provided by the Agency to the

Contractor.

2.5.6.3 Cooperate in good faith with the Agency and

its employees, agents, and independent contractors

during the transition period between the Close-Out

Event and the substitution of any replacement service

provider.

2.5.6.4 Immediately return to the Agency any

payments made by the Agency for Deliverables that

were not rendered or provided by the Contractor.

2.5.6.5 Immediately deliver to the Agency any and all

Deliverables for which the Agency has made

payment (in whole or in part) that are in the

possession or under the control of the Contractor or

its agents or subcontractors in whatever stage of

development and form of recordation such property is

expressed or embodied at that time.

2.5.7 Termination for Cause by the Contractor.

The Contractor may only terminate this Contract for

the breach by the Agency of any material term of this

Contract, if such breach is not cured within sixty (60)

days of the Agency’s receipt of the Contractor’s

written notice of breach.

2.6 Reserved. (Change Order Procedure)

2.7 Indemnification. 2.7.1 By the Contractor. The Contractor agrees to

indemnify and hold harmless the State and its

officers, appointed and elected officials, board and

commission members, employees, volunteers, and

agents (collectively the “Indemnified Parties”), from

any and all costs, expenses, losses, claims, damages,

liabilities, settlements, and judgments (including,

without limitation, the reasonable value of the time

spent by the Attorney General’s Office,) and the

costs, expenses, and attorneys’ fees of other counsel

retained by the Indemnified Parties directly or

indirectly related to, resulting from, or arising out of

this Contract, including but not limited to any claims

related to, resulting from, or arising out of:

2.7.1.1 Any breach of this Contract;

2.7.1.2 Any negligent, intentional, or wrongful act or

omission of the Contractor or any agent or

subcontractor utilized or employed by the Contractor;

2.7.1.3 The Contractor’s performance or attempted

performance of this Contract, including any agent or

subcontractor utilized or employed by the Contractor;

2.7.1.4 Any failure by the Contractor to make all

reports, payments, and withholdings required by

federal and state law with respect to social security,

employee income and other taxes, fees, or costs

required by the Contractor to conduct business in the

State of Iowa;

2.7.1.5 Any claim of misappropriation of a trade

secret or infringement or violation of any intellectual

property rights, proprietary rights, or personal rights

of any third party, including any claim that any

Deliverable or any use thereof (or the exercise of any

rights with respect thereto) infringes, violates, or

misappropriates any patent, copyright, trade secret,

trademark, trade dress, mask work, utility design, or

other intellectual property right or proprietary right of

any third party.

2.8 Insurance. 2.8.1 Insurance Requirements. At the Contractor's

expense, the Contractor and any subcontractor shall

maintain insurance in full force and effect covering

its work during the entire term of this Contract,

which includes any extensions or renewals thereof.

Insurance shall be provided through companies

licensed by the State of Iowa, through statutorily

authorized self-insurance programs, through local

government risk pools, or through any combination

of these. The Contractor’s insurance shall, among

other things, be occurrence based and shall insure

against any loss or damage resulting from or related

to the Contractor’s performance of this Contract

regardless of the date the claim is filed or expiration

of the policy. The State of Iowa and the Agency

shall be named as additional insureds or loss payees,

or the Contractor shall obtain an endorsement to the

same effect, as applicable.

2.8.1.2. Name the State of Iowa and the Agency as

additional insureds or loss payees on the policies for

all coverages required by this Contract, with the

exception of Workers’ Compensation, or the

Contractor shall obtain an endorsement to the same

effect; and

2.8.1.3 Provide a waiver of any subrogation rights

that any of its insurance carriers might have against

the State on the policies for all coverages required by

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this Contract, with the exception of Workers’

Compensation.

The requirements set forth in this section shall be

indicated on the certificates of insurance coverage

supplied to the Agency.

2.8.2 Types and Amounts of Insurance Required. Unless otherwise requested by the Agency in writing,

the Contractor shall cause to be issued insurance

coverages insuring the Contractor and/or

subcontractors against all general liabilities, product

liability, personal injury, property damage, and

(where applicable) professional liability in the

amount specified in the Special Terms for each

occurrence. In addition, the Contractor shall ensure it

has any necessary workers’ compensation and

employer liability insurance as required by Iowa law.

2.8.3 Certificates of Coverage. The Contractor shall

submit certificates of the insurance, which indicate

coverage and notice provisions as required by this

Contract, to the Agency upon execution of this

Contract. The Contractor shall maintain all insurance

policies required by this Contract in full force and

effect during the entire term of this Contract, which

includes any extensions or renewals thereof, and shall

not permit such policies to be canceled or amended

except with the advance written approval of the

Agency. The insurer shall state in the certificate that

no cancellation of the insurance will be made without

at least a thirty (30) day prior written notice to the

Agency. The certificates shall be subject to approval

by the Agency. Approval of the insurance

certificates by the Agency shall not relieve the

Contractor of any obligation under this Contract.

2.9 Ownership and Security of Agency

Information.

2.9.1 Ownership and Disposition of Agency

Information. Any information either supplied by the

Agency to the Contractor, or collected by the

Contractor on the Agency’s behalf in the course of

the performance of this Contract, shall be considered

the property of the Agency (“Agency Information”).

The Contractor will not use the Agency Information

for any purpose other than providing services under

the Contract, nor will any part of the information and

records be disclosed, sold, assigned, leased, or

otherwise provided to third parties or commercially

exploited by or on behalf of the Contractor. The

Agency shall own all Agency Information that may

reside within the Contractor’s hosting environment

and/or equipment/media.

2.9.2 Foreign Hosting and Storage Prohibited. Agency Information shall be hosted and/or stored

within the continental United States only.

2.9.3 Access to Agency Information that is

Confidential Information. The Contractor’s

employees, agents, and subcontractors may have

access to Agency Information that is Confidential

Information to the extent necessary to carry out

responsibilities under the Contract. Access to such

Confidential Information shall comply with both the

State’s and the Agency’s policies and procedures. In

all instances, access to Agency Information from

outside of the United States and its protectorates,

either by the Contractor, including a foreign office or

division of the Contractor or its affiliates or

associates, or any subcontractor, is prohibited.

2.9.4 No Use or Disclosure of Confidential

Information. Confidential Information collected,

maintained, or used in the course of performance of

the Contract shall only be used or disclosed by the

Contractor as expressly authorized by law and only

with the prior written consent of the Agency, either

during the period of the Contract or thereafter. The

Contractor shall immediately report to the Agency

any unauthorized use or disclosure of Confidential

Information. The Contractor may be held civilly or

criminally liable for improper use or disclosure of

Confidential Information.

2.9.5 Contractor Breach Notification Obligations. The Contractor agrees to comply with all applicable

laws that require the notification of individuals in the

event of unauthorized use or disclosure of

Confidential Information or other event(s) requiring

notification in accordance with applicable law. In the

event of a breach of the Contractor's security

obligations or other event requiring notification under

applicable law, the Contractor agrees to follow

Agency directives, which may include assuming

responsibility for informing all such individuals in

accordance with applicable laws, and to indemnify,

hold harmless, and defend the State of Iowa against

any claims, damages, or other harm related to such

breach.

2.9.6 Compliance of Contractor Personnel. The

Contractor and the Contractor’s personnel shall

comply with the Agency’s and the State’s security

and personnel policies, procedures, and rules,

including any procedure which the Agency’s

personnel, contractors, and consultants are normally

asked to follow. The Contractor agrees to cooperate

fully and to provide any assistance necessary to the

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Agency in the investigation of any security breaches

that may involve the Contractor or the Contractor’s

personnel. All services shall be performed in

accordance with State Information Technology

security standards and policies as well as Agency

security protocols and procedures. By way of

example only, see Iowa Code 8A.206,

http://secureonline.iowa.gov/links/index.html, and

https://ocio.iowa.gov/home/standards.

2.9.7 Subpoena. In the event that a subpoena or

other legal process is served upon the Contractor for

records containing Confidential Information, the

Contractor shall promptly notify the Agency and

cooperate with the Agency in any lawful effort to

protect the Confidential Information.

2.9.8 Return and/or Destruction of Information. Upon expiration or termination of the Contract for

any reason, the Contractor agrees to comply with all

Agency directives regarding the return or destruction

of all Agency Information and any derivative work.

Delivery of returned Agency Information must be

through a secured electronic transmission or by

parcel service that utilizes tracking numbers. Such

information must be provided in a format useable by

the Agency. Following the Agency’s verified receipt

of the Agency Information and any derivative work,

the Contractor agrees to physically and/or

electronically destroy or erase all residual Agency

Information regardless of format from the entire

Contractor’s technology resources and any other

storage media. This includes, but is not limited to, all

production copies, test copies, backup copies and /or

printed copies of information created on any other

servers or media and at all other Contractor sites.

Any permitted destruction of Agency Information

must occur in such a manner as to render the

information incapable of being reconstructed or

recovered. The Contractor will provide a record of

information destruction to the Agency for inspection

and records retention no later than thirty (30) days

after destruction.

2.9.9 Contractor’s Inability to Return and/or

Destroy Information. If for any reason the Agency

Information cannot be returned and/or destroyed

upon expiration or termination of the Contract, the

Contractor agrees to notify the Agency with an

explanation as to the conditions which make return

and/or destruction not possible or feasible. Upon

mutual agreement by both parties that the return

and/or destruction of the information is not possible

or feasible, the Contractor shall make the Agency

Information inaccessible. The Contractor shall not

use or disclose such retained Agency Information for

any purposes other than those expressly permitted by

the Agency. The Contractor shall provide to the

Agency a detailed description as to the procedures

and methods used to make the Agency Information

inaccessible no later than thirty (30) days after

making the information inaccessible. If the Agency

provides written permission for the Contractor to

retain the Agency Information in the Contractor’s

information systems, the Contractor will extend the

protections of this Contract to such information and

limit any further uses or disclosures of such

information.

2.9.10 Contractors that are Business Associates. If

the Contractor is the Agency’s Business Associate,

and there is a conflict between the Business

Associate Agreement and this Section 2.9, the

provisions in the Business Associate Agreement shall

control.

2.10 Intellectual Property.

2.10.1 Ownership and Assignment of Other

Deliverables. The Contractor agrees that the State

and the Agency shall become the sole and exclusive

owners of all Deliverables. The Contractor hereby

irrevocably assigns, transfers and conveys to the

State and the Agency all right, title and interest in and

to all Deliverables and all intellectual property rights

and proprietary rights arising out of, embodied in, or

related to such Deliverables, including copyrights,

patents, trademarks, trade secrets, trade dress, mask

work, utility design, derivative works, and all other

rights and interests therein or related thereto. The

Contractor represents and warrants that the State and

the Agency shall acquire good and clear title to all

Deliverables, free from any claims, liens, security

interests, encumbrances, intellectual property rights,

proprietary rights, or other rights or interests of the

Contractor or of any third party, including any

employee, agent, contractor, subcontractor,

subsidiary, or affiliate of the Contractor. The

Contractor (and Contractor’s employees, agents,

contractors, subcontractors, subsidiaries and

affiliates) shall not retain any property interests or

other rights in and to the Deliverables and shall not

use any Deliverables, in whole or in part, for any

purpose, without the prior written consent of the

Agency and the payment of such royalties or other

compensation as the Agency deems appropriate.

Unless otherwise requested by the Agency, upon

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completion or termination of this Contract, the

Contractor will immediately turn over to the Agency

all Deliverables not previously delivered to the

Agency, and no copies thereof shall be retained by

the Contractor or its employees, agents,

subcontractors, or affiliates, without the prior written

consent of the Agency.

2.10.2 Waiver. To the extent any of the Contractor’s

rights in any Deliverables are not subject to

assignment or transfer hereunder, including any

moral rights and any rights of attribution and of

integrity, the Contractor hereby irrevocably and

unconditionally waives all such rights and

enforcement thereof and agrees not to challenge the

State’s rights in and to the Deliverables.

2.10.3 Further Assurances. At the Agency’s

request, the Contractor will execute and deliver such

instruments and take such other action as may be

requested by the Agency to establish, perfect, or

protect the State’s rights in and to the Deliverables

and to carry out the assignments, transfers and

conveyances set forth in Section 2.10, Intellectual

Property.

2.10.4 Publications. Prior to completion of all

services required by this Contract, the Contractor

shall not publish in any format any final or interim

report, document, form, or other material developed

as a result of this Contract without the express written

consent of the Agency. Upon completion of all

services required by this Contract, the Contractor

may publish or use materials developed as a result of

this Contract, subject to confidentiality restrictions,

and only after the Agency has had an opportunity to

review and comment upon the publication. Any such

publication shall contain a statement that the work

was done pursuant to a contract with the Agency and

that it does not necessarily reflect the opinions,

findings, and conclusions of the Agency.

2.11 Warranties.

2.11.1 Construction of Warranties Expressed in

this Contract with Warranties Implied by Law.

Warranties made by the Contractor in this Contract,

whether: (1) this Contract specifically denominates

the Contractor's promise as a warranty; or (2) the

warranty is created by the Contractor's affirmation or

promise, by a description of the Deliverables to be

provided, or by provision of samples to the Agency,

shall not be construed as limiting or negating any

warranty provided by law, including without

limitation, warranties that arise through the course of

dealing or usage of trade. The warranties expressed

in this Contract are intended to modify the warranties

implied by law only to the extent that they expand the

warranties applicable to the Deliverables provided by

the Contractor. With the exception of Subsection

2.11.3, the provisions of this section apply during the

Warranty Period as defined in the Contract

Declarations and Execution Section.

2.11.2 Contractor represents and warrants that: 2.11.2.1 All Deliverables shall be wholly original

with and prepared solely by the Contractor; or it

owns, possesses, holds, and has received or secured

all rights, permits, permissions, licenses, and

authority necessary to provide the Deliverables to the

Agency hereunder and to assign, grant and convey

the rights, benefits, licenses, and other rights

assigned, granted, or conveyed to the Agency

hereunder or under any license agreement related

hereto without violating any rights of any third party;

2.11.2.2 The Contractor has not previously and will

not grant any rights in any Deliverables to any third

party that are inconsistent with the rights granted to

the Agency herein; and

2.11.2.3 The Agency shall peacefully and quietly

have, hold, possess, use, and enjoy the Deliverables

without suit, disruption, or interruption.

2.11.3 The Contractor represents and warrants

that: 2.11.3.1 The Deliverables (and all intellectual

property rights and proprietary rights arising out of,

embodied in, or related to such Deliverables); and

2.11.3.2 The Agency’s use of, and exercise of any

rights with respect to, the Deliverables (and all

intellectual property rights and proprietary rights

arising out of, embodied in, or related to such

Deliverables), do not and will not, under any

circumstances, misappropriate a trade secret or

infringe upon or violate any copyright, patent,

trademark, trade dress or other intellectual property

right, proprietary right or personal right of any third

party. The Contractor further represents and warrants

there is no pending or threatened claim, litigation, or

action that is based on a claim of infringement or

violation of an intellectual property right, proprietary

right or personal right or misappropriation of a trade

secret related to the Deliverables. The Contractor

shall inform the Agency in writing immediately upon

becoming aware of any actual, potential, or

threatened claim of or cause of action for

infringement or violation or an intellectual property

right, proprietary right, or personal right or

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misappropriation of a trade secret. If such a claim or

cause of action arises or is likely to arise, then the

Contractor shall, at the Agency’s request and at the

Contractor’s sole expense:

Procure for the Agency the right or license to

continue to use the Deliverable at issue;

Replace such Deliverable with a functionally

equivalent or superior Deliverable free of any such

infringement, violation, or misappropriation;

Modify or replace the affected portion of the

Deliverable with a functionally equivalent or superior

Deliverable free of any such infringement, violation,

or misappropriation; or

Accept the return of the Deliverable at issue and

refund to the Agency all fees, charges, and any other

amounts paid by the Agency with respect to such

Deliverable. In addition, the Contractor agrees to

indemnify, defend, protect, and hold harmless the

State and its officers, directors, employees, officials,

and agents as provided in the Indemnification Section

of this Contract, including for any breach of the

representations and warranties made by the

Contractor in this section.

The warranty provided in this Section 2.11.3 shall be

perpetual, shall not be subject to the contractual

Warranty Period, and shall survive termination of this

Contract. The foregoing remedies provided in this

subsection shall be in addition to and not exclusive of

other remedies available to the Agency and shall

survive termination of this Contract.

2.11.4 The Contractor represents and warrants

that the Deliverables shall:

2.11.4.1 Be free from material Deficiencies; and

2.11.4.2 Meet, conform to, and operate in accordance

with all Specifications and in accordance with this

Contract during the Warranty Period, as defined in

the Contract Declarations and Execution Section.

During the Warranty Period the Contractor shall, at

its expense, repair, correct or replace any Deliverable

that contains or experiences material Deficiencies or

fails to meet, conform to or operate in accordance

with Specifications within five (5) Business Days of

receiving notice of such Deficiencies or failures from

the Agency or within such other period as the Agency

specifies in the notice. In the event the Contractor is

unable to repair, correct, or replace such Deliverable

to the Agency’s satisfaction, the Contractor shall

refund the fees or other amounts paid for the

Deliverables and for any services related thereto.

The foregoing shall not constitute an exclusive

remedy under this Contract, and the Agency shall be

entitled to pursue any other available contractual,

legal, or equitable remedies. The Contractor shall be

available at all reasonable times to assist the Agency

with questions, problems, and concerns about the

Deliverables, to inform the Agency promptly of any

known Deficiencies in any Deliverables, repair and

correct any Deliverables not performing in

accordance with the warranties contained in this

Contract, notwithstanding that such Deliverables may

have been accepted by the Agency, and provide the

Agency with all necessary materials with respect to

such repaired or corrected Deliverable.

2.11.5 The Contractor represents, warrants and

covenants that all services to be performed under this

Contract shall be performed in a professional,

competent, diligent, and workmanlike manner by

knowledgeable, trained, and qualified personnel, all

in accordance with the terms and Specifications of

this Contract and the standards of performance

considered generally acceptable in the industry for

similar tasks and projects. In the absence of a

Specification for the performance of any portion of

this Contract, the parties agree that the applicable

Specification shall be the generally accepted industry

standard. So long as the Agency notifies the

Contractor of any services performed in violation of

this standard, the Contractor shall re-perform the

services at no cost to the Agency, such that the

services are rendered in the above-specified manner,

or if the Contractor is unable to perform the services

as warranted, the Contractor shall reimburse the

Agency any fees or compensation paid to the

Contractor for the unsatisfactory services.

2.11.6 The Contractor represents and warrants that

the Deliverables will comply with any applicable

federal, state, foreign and local laws, rules,

regulations, codes, and ordinances in effect during

the entire term of this Contract, which includes any

extensions or renewals thereof, including applicable

provisions of Section 508 of the Rehabilitation Act of

1973, as amended, and all standards and requirements

established by the Architectural and Transportation

Barriers Access Board and the Iowa Officer of the

Chief Information Officer.

2.11.7 Obligations Owed to Third Parties. The

Contractor represents and warrants that all

obligations owed to third parties with respect to the

activities contemplated to be undertaken by the

Contractor pursuant to this Contract are or will be

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fully satisfied by the Contractor so that the Agency

will not have any obligations with respect thereto.

2.12 Acceptance of Deliverables.

2.12.1 Acceptance of Written Deliverables. For the

purposes of this section, written Deliverables means

documents including, but not limited to project plans,

planning documents, reports, or instructional

materials (“Written Deliverables”). Although the

Agency determines what Written Deliverables are

subject to formal Acceptance, this section generally

does not apply to routine progress or financial

reports. Absent more specific Acceptance Criteria in

the Special Terms, following delivery of any Written

Deliverable pursuant to the Contract, the Agency will

notify the Contractor whether or not the Deliverable

meets contractual specifications and requirements.

Written Deliverables shall not be considered accepted

by the Agency, nor does the Agency have an

obligation to pay for such Deliverables, unless and

until the Agency has notified the Contractor of the

Agency’s Final Acceptance of the Written

Deliverables. In all cases, any statements included in

such Written Deliverables that alter or conflict with

any contractual requirements shall in no way be

considered as changing the contractual requirements

unless and until the parties formally amend the

Contract.

2.12.2. Reserved. (Acceptance of Software

Deliverables)

2.12.3 Notice of Acceptance and Future

Deficiencies. The Contractor’s receipt of any notice

of Acceptance, including Final Acceptance, with

respect to any Deliverable shall not be construed as a

waiver of any of the Agency’s rights to enforce the

terms of this Contract or require performance in the

event the Contractor breaches this Contract or any

Deficiency is later discovered with respect to such

Deliverable.

2.13 Contract Administration.

2.13.1 Independent Contractor. The status of the

Contractor shall be that of an independent contractor.

The Contractor, its employees, agents, and any

subcontractors performing under this Contract are not

employees or agents of the State or any agency,

division, or department of the State simply by virtue

of work performed pursuant to this Contract. Neither

the Contractor nor its employees shall be considered

employees of the Agency or the State for federal or

state tax purposes simply by virtue of work

performed pursuant to this Contract. The Agency

will not withhold taxes on behalf of the Contractor

(unless required by law).

2.13.2 Incorporation of Documents. To the extent

this Contract arises out of a Solicitation, the parties

acknowledge that the Contract consists of these

contract terms and conditions as well as the

Solicitation and the Bid Proposal. The Solicitation

and the Bid Proposal are incorporated into the

Contract by reference. If the Contractor proposed

exceptions or modifications to the Sample Contract

attached to the Solicitation or to the Solicitation

itself, these proposed exceptions or modifications

shall not be incorporated into this Contract unless

expressly set forth herein. If there is a conflict

between the Contract, the Solicitation, and the Bid

Proposal, the conflict shall be resolved according to

the following priority, ranked in descending order:

(1) the Contract; (2) the Solicitation; (3) the Bid

Proposal.

2.13.3 Intent of References to Bid Documents. To

the extent this Contract arises out of a Solicitation,

the references to the parties' obligations, which are

contained in this Contract, are intended to

supplement or clarify the obligations as stated in the

Solicitation and the Bid Proposal. The failure of the

parties to make reference to the terms of the

Solicitation or the Bid Proposal in this Contract shall

not be construed as creating a conflict and will not

relieve the Contractor of the contractual obligations

imposed by the terms of the Solicitation and the

Contractor’s Bid Proposal. Terms offered in the Bid

Proposal, which exceed the requirements of the

Solicitation, shall not be construed as creating an

inconsistency or conflict with the Solicitation or the

Contract. The contractual obligations of the Agency

are expressly stated in this document. The Bid

Proposal does not create any express or implied

obligations of the Agency.

2.13.4 Compliance with the Law. The Contractor,

its employees, agents, and subcontractors shall

comply at all times with all applicable federal, state,

and local laws, rules, ordinances, regulations, orders,

guidance, and policies in place at Contract execution

as well as any and all future amendments, changes,

and additions to such laws (the “Applicable Law”) as

of the effective date of such change. All such

Applicable Law is incorporated into this Contract as

of the effective date of the Applicable Law. The

Contractor and Agency expressly reject any

proposition that future changes to Applicable Law are

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inapplicable to this Contract and the Contractor’s

provision of Deliverables and/or performance in

accordance with this Contract. When providing

Deliverables pursuant to this Contract the Contractor,

its employees, agents, and subcontractors shall

comply with all Applicable Law.

Applicable Law includes, without limitation,

all laws that pertain to the prevention of

discrimination in employment and in the provision of

services. For employment, this would include equal

employment opportunity and affirmative action, and

the use of targeted small businesses as subcontractors

or suppliers. The Contractor may be required to

provide a copy of its affirmative action plan,

containing goals and time specifications, and non-

discrimination and accessibility plans and policies

regarding services to clients. Failure to comply with

this provision may cause this Contract to be

cancelled, terminated, or suspended in whole or in

part and the Contractor may be declared ineligible for

future state contracts or be subject to other sanctions

as provided by law or rule. The Contractor, its

employees, agents, and subcontractors shall also

comply with all federal, state, and local laws

regarding business permits and licenses that may be

required to carry out the work performed under this

Contract. The Contractor may be required to submit

its affirmative action plan to the Iowa Department of

Management to comply with the requirements of 541

Iowa Administrative Code chapter 4. If all or a

portion of the funding used to pay for the

Deliverables is being provided through a grant from

the Federal Government, the Contractor

acknowledges and agrees that pursuant to applicable

federal laws, regulations, circulars, and bulletins, the

awarding agency of the Federal Government reserves

certain rights including, without limitation, a royalty-

free, non-exclusive and irrevocable license to

reproduce, publish or otherwise use, and to authorize

others to use, for Federal Government purposes, the

Deliverables developed under this Contract and the

copyright in and to such Deliverables.

2.13.5 Procurement. The Contractor shall use

procurement procedures that comply with all

applicable federal, state, and local laws and

regulations.

2.13.6 Non-Exclusive Rights. This Contract is not

exclusive. The Agency reserves the right to select

other contractors to provide Deliverables similar or

identical to those described in the Scope of Work

during the entire term of this Contract, which

includes any extensions or renewals thereof.

2.13.7 Amendments. This Contract may only be

amended by mutual written consent of the parties,

with the exception of (1) the Contract end date,

which may be extended under the Agency’s sole

discretion, and (2) the Business Associate

Agreement, which may be modified or replaced on

notice pursuant to Section 1.5, Business Associate

Agreement. Amendments shall be executed on a

form approved by the Agency that expressly states

the intent of the parties to amend this Contract. This

Contract shall not be amended in any way by use of

terms and conditions in an Invoice or other ancillary

transactional document. To the extent that language

in a transactional document conflicts with the terms

of this Contract, the terms of this Contract shall

control.

2.13.8 No Third Party Beneficiaries. There are no

third party beneficiaries to this Contract. This

Contract is intended only to benefit the State and the

Contractor.

2.13.9 Use of Third Parties. The Agency

acknowledges that the Contractor may contract with

third parties for the performance of any of the

Contractor’s obligations under this Contract. The

Contractor shall notify the Agency in writing of all

subcontracts relating to Deliverables to be provided

under this Contract prior to the time the

subcontract(s) become effective. The Agency

reserves the right to review and approve all

subcontracts. The Contractor may enter into these

contracts to complete the project provided that the

Contractor remains responsible for all Deliverables

provided under this Contract. All restrictions,

obligations, and responsibilities of the Contractor

under this Contract shall also apply to the

subcontractors and the Contractor shall include in all

of its subcontracts a clause that so states. The

Agency shall have the right to request the removal of

a subcontractor from the Contract for good cause.

2.13.10 Choice of Law and Forum. The laws of the

State of Iowa shall govern and determine all matters

arising out of or in connection with this Contract

without regard to the conflict of law provisions of

Iowa law. Any and all litigation commenced in

connection with this Contract shall be brought and

maintained solely in Polk County District Court for

the State of Iowa, Des Moines, Iowa, or in the United

States District Court for the Southern District of

Iowa, Central Division, Des Moines, Iowa, wherever

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jurisdiction is appropriate. This provision shall not

be construed as waiving any immunity to suit or

liability including without limitation sovereign

immunity in State or Federal court, which may be

available to the Agency or the State of Iowa.

2.13.11 Assignment and Delegation. The

Contractor may not assign, transfer, or convey in

whole or in part this Contract without the prior

written consent of the Agency. For the purpose of

construing this clause, a transfer of a controlling

interest in the Contractor shall be considered an

assignment. The Contractor may not delegate any of

its obligations or duties under this Contract without

the prior written consent of the Agency. The

Contractor may not assign, pledge as collateral, grant

a security interest in, create a lien against, or

otherwise encumber any payments that may or will

be made to the Contractor under this Contract.

2.13.12 Integration. This Contract represents the

entire Contract between the parties. The parties shall

not rely on any representation that may have been

made which is not included in this Contract.

2.13.13 No Drafter. No party to this Contract shall

be considered the drafter of this Contract for the

purpose of any statute, case law, or rule of

construction that would or might cause any provision

to be construed against the drafter.

2.13.14 Headings or Captions. The paragraph

headings or captions used in this Contract are for

identification purposes only and do not limit or

construe the contents of the paragraphs.

2.13.15 Not a Joint Venture. Nothing in this

Contract shall be construed as creating or constituting

the relationship of a partnership, joint venture, (or

other association of any kind or agent and principal

relationship) between the parties hereto. No party,

unless otherwise specifically provided for herein, has

the authority to enter into any contract or create an

obligation or liability on behalf of, in the name of, or

binding upon another party to this Contract.

2.13.16 Joint and Several Liability. If the

Contractor is a joint entity, consisting of more than

one individual, partnership, corporation, or other

business organization, all such entities shall be jointly

and severally liable for carrying out the activities and

obligations of this Contract, for any default of

activities and obligations, and for any fiscal

liabilities.

2.13.17 Supersedes Former Contracts or

Agreements. This Contract supersedes all prior

contracts or agreements between the Agency and the

Contractor for the Deliverables to be provided in

connection with this Contract.

2.13.18 Waiver. Except as specifically provided for

in a waiver signed by duly authorized representatives

of the Agency and the Contractor, failure by either

party at any time to require performance by the other

party or to claim a breach of any provision of the

Contract shall not be construed as affecting any

subsequent right to require performance or to claim a

breach.

2.13.19 Notice. With the exception of the Business

Associate Agreement, as set forth in Section 1.5,

Business Associate Agreement, any notices required

by the Contract shall be given in writing by registered

or certified mail, return receipt requested, by

receipted hand delivery, by Federal Express, courier

or other similar and reliable carrier which shall be

addressed to each party’s Contract Manager as set

forth in the Contract Declarations and Execution

Section. From time to time, the parties may change

the name and address of a party designated to receive

notice. Such change of the designated person shall

be in writing to the other party.

Each such notice shall be deemed to have been

provided:

At the time it is actually received in the case of

hand delivery;

Within one (1) day in the case of overnight

delivery, courier or services such as Federal Express

with guaranteed next-day delivery; or

Within five (5) days after it is deposited in the U.S.

Mail.

2.13.20 Cumulative Rights. The various rights,

powers, options, elections, and remedies of any party

provided in this Contract, shall be construed as

cumulative and not one of them is exclusive of the

others or exclusive of any rights, remedies or

priorities allowed either party by law, and shall in no

way affect or impair the right of any party to pursue

any other equitable or legal remedy to which any

party may be entitled.

2.13.21 Severability. If any provision of this

Contract is determined by a court of competent

jurisdiction to be invalid or unenforceable, such

determination shall not affect the validity or

enforceability of any other part or provision of this

Contract.

2.13.22 Time is of the Essence. Time is of the

essence with respect to the Contractor’s performance

of the terms of this Contract. The Contractor shall

ensure that all personnel providing Deliverables to

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the Agency are responsive to the Agency’s

requirements and requests in all respects.

2.13.23 Authorization. The Contractor represents

and warrants that:

2.13.23.1 It has the right, power, and authority to

enter into and perform its obligations under this

Contract.

2.13.23.2 It has taken all requisite action (corporate,

statutory, or otherwise) to approve execution,

delivery, and performance of this Contract and this

Contract constitutes a legal, valid, and binding

obligation upon itself in accordance with its terms.

2.13.24 Successors in Interest. All the terms,

provisions, and conditions of the Contract shall be

binding upon and inure to the benefit of the parties

hereto and their respective successors, assigns, and

legal representatives.

2.13.25 Records Retention and Access.

2.13.25.1 Financial Records. The Contractor shall

maintain accurate, current, and complete records of

the financial activity of this Contract which

sufficiently and properly document and calculate all

charges billed to the Agency during the entire term of

this Contract, which includes any extensions or

renewals thereof, and for a period of at least seven (7)

years following the date of final payment or

completion of any required audit (whichever is later).

If any litigation, claim, negotiation, audit, or other

action involving the records has been started before

the expiration of the seven (7) year period, the

records must be retained until completion of the

action and resolution of all issues which arise from it,

or until the end of the regular seven (7) year period,

whichever is later. The Contractor shall permit the

Agency, the Auditor of the State of Iowa or any other

authorized representative of the State and where

federal funds are involved, the Comptroller General

of the United States or any other authorized

representative of the United States government, to

access and examine, audit, excerpt and transcribe any

directly pertinent books, documents, papers,

electronic or optically stored and created records, or

other records of the Contractor relating to orders,

Invoices or payments, or any other Documentation or

materials pertaining to this Contract, wherever such

records may be located. The Contractor shall not

impose a charge for audit or examination of the

Contractor’s books and records. Based on the audit

findings, the Agency reserves the right to address the

Contractor’s board or other managing entity

regarding performance and expenditures. When state

or federal law or the terms of this Contract require

compliance with OMB Circular A-87, A-110, or

other similar provision addressing proper use of

government funds, the Contractor shall comply with

these additional records retention and access

requirements:

2.13.25.1.1 Records of financial activity shall include

records that adequately identify the source and

application of funds. When the terms of this Contract

require matching funds, cash contributions made by

the Contractor and third-party in-kind (property or

service) contributions, these funds must be verifiable

from the Contractor’s records. These records must

contain information pertaining to contract amount,

obligations, unobligated balances, assets, liabilities,

expenditures, income, and third-party

reimbursements.

2.13.25.1.2 The Contractor shall maintain accounting

records supported by source documentation that may

include but are not limited to cancelled checks, paid

bills, payroll, time and attendance records, and

contract award documents.

2.13.25.1.3 The Contractor, in maintaining project

expenditure accounts, records and reports, shall make

any necessary adjustments to reflect refunds, credits,

underpayments or overpayments, as well as any

adjustments resulting from administrative or

compliance reviews and audits. Such adjustments

shall be set forth in the financial reports filed with the

Agency.

2.13.25.1.4 The Contractor shall maintain a sufficient

record keeping system to provide the necessary data

for the purposes of planning, monitoring, and

evaluating its program.

2.13.25.2 The Contractor shall retain all non-medical

and medical client records for a period of seven (7)

years from the last date of service for each patient; or

in the case of a minor patient or client, for a period

consistent with that established by Iowa Code §

614.1(9).

2.13.26 Audits. Local governments and non-profit

subrecipient entities that expend $500,000 or more in

a year in federal awards (from all sources) shall have

a single audit conducted for that year in accordance

with the provisions of OMB Circular A-133 “Audit

of States, Local Governments, and Non-Profit

Organizations.” A copy of the final audit report shall

be submitted to the Agency if either the schedule of

findings and questioned costs or the summary

schedule of prior audit findings includes any audit

findings related to federal awards provided by the

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Agency. If an audit report is not required to be

submitted per the criteria above, the subrecipient

must provide written notification to the Agency that

the audit was conducted in accordance with

Government Auditing Standards and that neither the

schedule of findings and questioned costs nor the

summary schedule of prior audit findings includes

any audit findings related to federal awards provided

by the Agency. See A-133 Section 21 for a

discussion of subrecipient versus vendor

relationships. The Contractor shall provide the

Agency with a copy of any written audit findings or

reports, whether in draft or final form, within two (2)

Business Days following receipt by the Contractor.

The requirements of this paragraph shall apply to the

Contractor as well as any subcontractors.

2.13.27 Reimbursement of Audit Costs. If the

Auditor of the State of Iowa notifies the Agency of

an issue or finding involving the Contractor’s

noncompliance with laws, rules, regulations, and/or

contractual agreements governing the funds

distributed under this Contract, the Contractor shall

bear the cost of the Auditor’s review and any

subsequent assistance provided by the Auditor to

determine compliance. The Contractor shall

reimburse the Agency for any costs the Agency pays

to the Auditor for such review or audit.

2.13.28 Staff Qualifications and Background

Checks. The Contractor shall be responsible for

assuring that all persons, whether they are employees,

agents, subcontractors, or anyone acting for or on

behalf of the Contractor, are properly licensed,

certified, or accredited as required under applicable

state law and the Iowa Administrative Code. The

Contractor shall provide standards for service

providers who are not otherwise licensed, certified, or

accredited under state law or the Iowa Administrative

Code.

The Agency reserves the right to conduct and/or

request the disclosure of criminal history and other

background investigation of the Contractor, its

officers, directors, shareholders, and the Contractor’s

staff, agents, or subcontractors retained by the

Contractor for the performance of Contract services.

2.13.29 Solicitation. The Contractor represents and

warrants that no person or selling agency has been

employed or retained to solicit and secure this

Contract upon an agreement or understanding for

commission, percentage, brokerage, or contingency

excepting bona fide employees or selling agents

maintained for the purpose of securing business.

2.13.30 Obligations Beyond Contract Term. All

obligations of the Agency and the Contractor

incurred or existing under this Contract as of the date

of expiration or termination will survive the

expiration or termination of this Contract. Contract

sections that survive include, but are not necessarily

limited to, the following: (1) Section 2.4.2,

Erroneous Payments and Credits; (2) Section 2.5.5,

Limitation of the State’s Payment Obligations; (3)

Section 2.5.6, Contractor’s Contract Close-Out

Duties; (4) Section 2.7, Indemnification, and all

subparts thereof; (5) Section 2.9, Ownership and

Security of Agency Information, and all subparts

thereof; (6) Section 2.10, Intellectual Property, and

all subparts thereof; (7) Section 2.13.10, Choice of

Law and Forum; (8) Section 2.13.16, Joint and

Several Liability; (9) Section 2.13.20, Cumulative

Rights; (10) Section 2.13.24 Successors In Interest;

(11) Section 2.13.25, Records Retention and Access,

and all subparts thereof; (12) Section 2.13.26, Audits;

(13) Section 2.13.27, Reimbursement of Audit Costs;

(14) Section 2.13.35, Repayment Obligation; and (15)

Section 2.13.39, Use of Name or Intellectual

Property.

2.13.31 Counterparts. The parties agree that this

Contract has been or may be executed in several

counterparts, each of which shall be deemed an

original and all such counterparts shall together

constitute one and the same instrument.

2.13.32 Delays or Potential Delays of Performance. Whenever the Contractor encounters any difficulty

which is delaying or threatens to delay the timely

performance of this Contract, including but not

limited to potential labor disputes, the Contractor

shall immediately give notice thereof in writing to the

Agency with all relevant information with respect

thereto. Such notice shall not in any way constitute a

basis for an extension of the delivery schedule or be

construed as a waiver by the Agency or the State of

any rights or remedies to which either is entitled by

law or pursuant to provisions of this Contract.

Failure to give such notice, however, may be grounds

for denial of any request for an extension of the

delivery schedule because of such delay.

Furthermore, the Contractor will not be excused from

failure to perform that is due to a Force Majeure

unless and until the Contractor provides notice

pursuant to this provision.

2.13.33 Delays or Impossibility of Performance

Based on a Force Majeure. Neither party shall be

in default under the Contract if performance is

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prevented, delayed, or made impossible to the extent

that such prevention, delay, or impossibility is caused

by a Force Majeure. If a delay results from a

subcontractor’s conduct, negligence or failure to

perform, the Contractor shall not be excused from

compliance with the terms and obligations of the

Contract unless the subcontractor or supplier is

prevented from timely performance by a Force

Majeure as defined in this Contract.

If a Force Majeure delays or prevents the

Contractor’s performance, the Contractor shall

immediately use its best efforts to directly provide

alternate, and to the extent possible, comparable

performance. Comparability of performance and the

possibility of comparable performance shall be

determined solely by the Agency.

The party seeking to exercise this provision

and not perform or delay performance pursuant to a

Force Majeure shall immediately notify the other

party of the occurrence and reason for the delay. The

parties shall make every effort to minimize the time

of nonperformance and the scope of work not being

performed due to the unforeseen events. Dates by

which performance obligations are scheduled to be

met will be extended only for a period of time equal

to the time lost due to any delay so caused.

2.13.34 Right to Address the Board of Directors or

Other Managing Entity. The Agency reserves the

right to address the Contractor’s board of directors or

other managing entity of the Contractor regarding

performance, expenditures, and any other issue the

Agency deems appropriate.

2.13.35 Repayment Obligation. In the event that

any State and/or federal funds are deferred and/or

disallowed as a result of any audits or expended in

violation of the laws applicable to the expenditure of

such funds, the Contractor shall be liable to the

Agency for the full amount of any claim disallowed

and for all related penalties incurred. The

requirements of this paragraph shall apply to the

Contractor as well as any subcontractors.

2.13.36 Reporting Requirements. If this Contract

permits other State agencies and political

subdivisions to make purchases off of the Contract,

the Contractor shall keep a record of the purchases

made pursuant to the Contract and shall submit a

report to the Agency on a quarterly basis. The report

shall identify all of the State agencies and political

subdivisions making purchases off of this Contract

and the quantities purchased pursuant to the Contract

during the reporting period.

2.13.37 Immunity from Liability. Every person

who is a party to the Contract is hereby notified and

agrees that the State, the Agency, and all of their

employees, agents, successors, and assigns are

immune from liability and suit for or from the

Contractor’s and/or subcontractors’ activities

involving third parties and arising from the Contract.

2.13.38 Public Records. The laws of the State

require procurement and contract records to be made

public unless otherwise provided by law.

2.13.39 Use of Name or Intellectual Property. The

Contractor agrees it will not use the Agency and/or

State’s name or any of their intellectual property,

including but not limited to, any State, state agency,

board or commission trademarks or logos in any

manner, including commercial advertising or as a

business reference, without the expressed prior

written consent of the Agency and/or the State.

2.13.40 Taxes. The State is exempt from Federal

excise taxes, and no payment will be made for any

taxes levied on the Contractor’s employees’ wages.

The State is exempt from State and local sales and

use taxes on the Deliverables.

2.13.41 No Minimums Guaranteed. The Contract

does not guarantee any minimum level of purchases

or any minimum amount of compensation.

2.14 Contract Certifications. The Contractor will

fully comply with obligations herein. If any

conditions within these certifications change, the

Contractor will provide written notice to the Agency

within twenty-four (24) hours from the date of

discovery. 2.14.1 Certification of Compliance with Pro-

Children Act of 1994. The Contractor must comply

with Public Law 103-227, Part C Environmental

Tobacco Smoke, also known as the Pro-Children Act

of 1994 (Act). This Act requires that smoking not be

permitted in any portion of any indoor facility owned

or leased or contracted by an entity and used

routinely or regularly for the provision of health, day

care, education, or library services to children under

the age of 18, if the Deliverables are funded by

federal programs either directly or through State or

local governments. Federal programs include grants,

cooperative agreements, loans or loan guarantees,

and contracts. The law also applies to children’s

services that are provided in indoor facilities that are

constructed, operated, or maintained with such

federal funds. The law does not apply to children’s

services provided in private residences; portions of

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facilities used for inpatient drug or alcohol treatment;

service providers whose sole source of applicable

federal funds is Medicare or Medicaid; or facilities

(other than clinics) where Women, Infants, and

Children (WIC) coupons are redeemed.

The Contractor further agrees that the above

language will be included in any subawards that

contain provisions for children’s services and that all

subgrantees shall certify compliance accordingly.

Failure to comply with the provisions of this law may

result in the imposition of a civil monetary penalty of

up to $1,000.00 per day.

2.14.2 Certification Regarding Debarment,

Suspension, Ineligibility and Voluntary

Exclusion—Lower Tier Covered Transactions

By signing this Contract, the Contractor is providing

the certification set out below:

2.14.2.1 The certification in this clause is a material

representation of fact upon which reliance was placed

when this transaction was entered into. If it is later

determined that the Contractor knowingly rendered

an erroneous certification, in addition to other

remedies available to the federal government, the

Agency or agency with which this transaction

originated may pursue available remedies, including

suspension and/or debarment.

2.14.2.2 The Contractor shall provide immediate

written notice to the Agency if at any time the

Contractor learns that its certification was erroneous

when submitted or had become erroneous by reason

of changed circumstances.

2.14.2.3 The terms covered transaction, debarred,

suspended, ineligible, lower tier covered transaction,

participant, person, primary covered transaction,

principle, proposal, and voluntarily excluded, as used

in this clause, have the meaning set out in the

Definitions and Coverage sections of rules

implementing Executive Order 12549. Contact the

Agency for assistance in obtaining a copy of those

regulations.

2.14.2.4 The Contractor agrees by signing this

Contract that, should the proposed covered

transaction be entered into, it shall not knowingly

enter into any lower tier covered transaction with a

person who is proposed for debarment under 48 CFR

part 9, subpart 9.4, debarred, suspended, declared

ineligible, or voluntarily excluded from participation

in this covered transaction, unless authorized by the

Agency or agency with which this transaction

originated.

2.14.2.5 The Contractor further agrees by signing this

Contract that it will include this clause titled

“Certification Regarding Debarment, Suspension,

Ineligibility and Voluntary Exclusion—Lower Tier

Covered Transaction,” without modification, in all

lower tier covered transactions and in all solicitations

for lower tier covered transactions.

2.14.2.6 A participant in a covered transaction may

rely upon a certification of a prospective participant

in a lower tier covered transaction that it is not

proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily

excluded from covered transactions, unless it knows

that the certification is erroneous. A participant may

decide the method and frequency by which it

determines the eligibility of its principals. A

participant may, but is not required to, check the List

of Parties Excluded from Federal Procurement and

Nonprocurement Programs.

2.14.2.7 Nothing contained in the foregoing shall be

construed to require establishment of a system of

records in order to render in good faith the

certification required by this clause. The knowledge

and information of a participant is not required to

exceed that which is normally possessed by a prudent

person in the ordinary course of business dealings.

2.14.2.8 Except for transactions authorized under

Section 2.14.2.4 of these instructions, if a participant

in a covered transaction knowingly enters into a

lower tier covered transaction with a person who is

proposed for debarment under 48 CFR part 9, subpart

9.4, suspended, debarred, ineligible, or voluntarily

excluded from participation in this transaction, in

addition to other remedies available to the federal

government, the Agency or agency with which this

transaction originated may pursue available remedies,

including suspension and/or debarment.

2.14.2.9 The Contractor certifies, by signing this

Contract, that neither it nor its principals is presently

debarred, suspended, proposed for debarment,

declared ineligible, or voluntarily excluded from

participation in this transaction by any federal

department or agency.

Where the Contractor is unable to certify to

any of the statements in this certification, such

Contractor shall attach an explanation to this

Contract.

2.14.3 Certification Regarding Lobbying. The

Contractor certifies, to the best of his or her

knowledge and belief, that:

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2.14.3.1 No federal appropriated funds have been

paid or will be paid on behalf of the sub-grantee to

any person for influencing or attempting to influence

an officer or employee of any federal agency, a

Member of the Congress, an officer or employee of

the Congress, or an employee of a Member of

Congress in connection with the awarding of any

federal contract, the making of any federal grant, the

making of any federal loan, the entering into of any

cooperative agreement, or the extension,

continuation, renewal, amendment, or modification

of any federal contract, grant loan, or cooperative

agreement.

2.14.3.2 If any funds other than federal appropriated

funds have been paid or will be paid to any person for

influencing or attempting to influence an officer or

employee of any federal agency, a Member of the

Congress, or an employee of a Member of Congress

in connection with this Contract, grant, loan, or

cooperative agreement, the applicant shall complete

and submit Standard Form-LLL, “Disclosure Form to

Report Lobbying,” in accordance with its

instructions.

2.14.3.3 The Contractor shall require that the

language of this certification be included in the award

documents for all subawards at all tiers (including

subcontracts, subgrants, and contracts under grants,

loans and cooperative agreements) and that all

subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact

upon which reliance was placed when this transaction

was made or entered into. Submission of this

certification is a prerequisite for making or entering

into this transaction imposed by Section 1352, Title

31, U.S.C.A. Any person who fails to file the

required certification shall be subject to a civil

penalty of not less than $10,000.00 and not more than

$100,000.00 for each such failure.

2.14.4 Certification Regarding Drug Free

Workplace

2.14.4.1 Requirements for Contractors Who are

Not Individuals. If the Contractor is not an

individual, the Contractor agrees to provide a drug-

free workplace by:

2.14.4.1.1 Publishing a statement notifying

employees that the unlawful manufacture,

distribution, dispensation, possession, or use of a

controlled substance is prohibited in the Contractor’s

workplace and specifying the actions that will be

taken against employees for violations of such

prohibition;

2.14.4.1.2 Establishing a drug-free awareness

program to inform employees about:

The dangers of drug abuse in the workplace;

The Contractor’s policy of maintaining a drug- free

workplace;

Any available drug counseling, rehabilitation, and

employee assistance programs; and

The penalties that may be imposed upon employees

for drug abuse violations;

2.14.4.1.3 Making it a requirement that each

employee to be engaged in the performance of such

contract be given a copy of the statement required by

Subsection 2.14.4.1.1;

2.14.4.1.4 Notifying the employee in the statement

required by Subsection 2.14.4.1.1 that as a condition

of employment on such contract, the employee will:

Abide by the terms of the statement; and

Notify the employer of any criminal drug statute

conviction for a violation occurring in the workplace

no later than five (5) days after such conviction;

2.14.4.1.5 Notifying the contracting agency within

ten (10) days after receiving notice under the second

unnumbered bullet of Subsection 2.14.4.1.4 from an

employee or otherwise receiving actual notice of such

conviction;

2.14.4.1.6 Imposing a sanction on, or requiring the

satisfactory participation in a drug abuse assistance or

rehabilitation program by, any employee who is so

convicted, as required by 41 U.S.C. § 703; and

2.14.4.1.7 Making a good faith effort to continue to

maintain a drug-free workplace through

implementation of this section.

2.14.4.2 Requirement for Individuals. If the

Contractor is an individual, by signing the Contract,

the Contractor agrees not to engage in the unlawful

manufacture, distribution, dispensation, possession,

or use of a controlled substance in the performance of

the Contract.

2.14.4.3 Notification Requirement. The Contractor

shall, within thirty (30) days after receiving notice

from an employee of a conviction pursuant to 41

U.S.C. § 701(a)(1)(D)(ii) or 41 U.S.C. §

702(a)(1)(D)(ii):

2.14.4.3.1 Take appropriate personnel action against

such employee up to and including termination; or

2.14.4.3.2 Require such employee to satisfactorily

participate in a drug abuse assistance or rehabilitation

program approved for such purposes by a Federal,

State, or local health, law enforcement, or other

appropriate agency.

BA-15-476.1-26

of 26

Form Date 3/30/15

2.14.5 Conflict of Interest. The Contractor

represents, warrants, and covenants that no

relationship exists or will exist during the Contract

period between the Contractor and the Agency that is

a conflict of interest. No employee, officer, or agent

of the Contractor or subcontractor shall participate in

the selection or in the award or administration of a

subcontract if a conflict of interest, real or apparent,

exists. The provisions of Iowa Code chapter 68B

shall apply to this Contract. If a conflict of interest is

proven to the Agency, the Agency may terminate this

Contract, and the Contractor shall be liable for any

excess costs to the Agency as a result of the conflict

of interest. The Contractor shall establish safeguards

to prevent employees, consultants, or members of

governing bodies from using their positions for

purposes that are, or give the appearance of being,

motivated by the desire for private gain for

themselves or others with whom they have family,

business, or other ties. The Contractor shall report

any potential, real, or apparent conflict of interest to

the Agency.

2.14.6 Certification Regarding Sales and Use Tax.

By executing this Contract, the Contractor certifies it

is either (1) registered with the Iowa Department of

Revenue, collects, and remits Iowa sales and use

taxes as required by Iowa Code chapter 423; or (2)

not a “retailer” or a “retailer maintaining a place of

business in this state” as those terms are defined in

Iowa Code § 423.1(42) and (43). The Contractor also

acknowledges that the Agency may declare the

Contract void if the above certification is false. The

Contractor also understands that fraudulent

certification may result in the Agency or its

representative filing for damages for breach of

contract.

2.14.7 Reserved. (Certification Regarding Iowa

Code Chapter 8F).

BA-15-476.1-26

DCAT4-16-009

Page 26 of 26

Form Date 1/23/15

SECTION 3: SPECIAL CONTRACT ATTACHMENTS

The Special Contract Attachments in this section are a part of the Contract.

N/A

BA-15-476.1-26


CONSENT AGENDA BA-15-477 Agreement – Cedar Rapids Community School District and Academy for Scholastic and

Personal Success (Paul Hayes) Exhibit: BA-15-477.1-3 Action Item Pertinent Fact(s):

The purpose of the Agreement is to provide a six-week summer program with follow up throughout the year for African American students to enhance self-concept and increase academic achievement.

Recommendation: It is recommended that the Board of Education approve the on-going Agreement between the Cedar

Rapids Community School District and the Academy for Scholastic and Personal Success.

AGREEMENT BETWEEN THE CEDAR RAPIDS COMMUNITY SCHOOL

DISTRICT AND The Academy for Scholastic and Personal Success (The Academy)

FOR Funding and In-Kind Support

THIS AGREEMENT is made and entered into on the 11th day of May, 2015, by and

between the Cedar Rapids Community School District (the “District”) and The Academy

for Scholastic and Personal Success. The parties agree as follows:

1. PURPOSE. District support of The Academy mission to provide cultural

reinforcement and academic skill-building information to selected African

American students in District elementary and high schools.

2. TERM. The term of this Agreement shall be from May 11, 2015 to May 10, 2016.

The parties hereto agree this Agreement shall be effective upon completion by The

Academy and acceptance by The District of the District’s Course Proposal process as

determined by the Director of Curriculum & Instruction AND its execution by both

parties and the duration shall be coterminous with the provisions contained herein.

3. RESPONSIBILITIES OF THE PARTIES

The Academy for Scholastic and Personal Success shall be responsible for the

following.

A. Academy shares the selection criteria and selection process.

B. Academy enrollment information (contact information, school affiliation and

grade for students who enroll The Academy and/ Academy Expansion programs)

C. Complete and accurate student enrollment, attendance, completion and accounting

to ensure accurate and timely payment for services.

D. Data on student progress during The Academy summer session

E. Data on parent participation in required Academy events

F. Data on Academy student progress/recidivism during the school year following

The Academy summer session

G. Information on student course selection following an Academy summer session

H. Information on post-high school education plans

I. Presentation(s) to the School Board as needed or requested

J. Tracking funds using District technology

K. Apprise relevant personnel of Academy mission

L. Other responsibilities as determined by further review

M. Evaluation data, (i.e.; GPA, Class Rank, Attendance, etc...)

N. Collaboration and cooperation with other district and community programming.

O. Other programs

BA-15-477.1

The District shall be responsible for the following.

A. Funding in the amount of $1,000 per District student per year up to a maximum of

25 students. The District will fully fund only those students who successfully

complete the program and all its requirements. The District will issue all

payments under this Agreement to the Cedar Rapids School Foundation as fiscal

agent prior to the Academy. The District will reconcile with the Foundation at the

conclusion of the Academy for adjustments based on student completion of the

program.

B. Awarding appropriate District elective credit to successful completers. The

District will award the elective credit each time a District student enrolls in and

successfully completes the program, up to three times.

C. Bulk rate postage services

D. Assistance with approvals in accordance with designated time lines

E. Assistance with task and projects

F. Training in use of technology necessary to track deposits

G. Apprising relevant personnel of Academy mission

H. Assistance with marketing materials

I. Assistance with the development of an Academy web site

J. Assistance with data tracking, entry, and maintenance

K. Development of a system of reporting, culminating in an annual report to the

School Board

L. Other responsibilities as determined by further review

4. INSURANCE AND INDEMNIFICATION

A. During the duration of this Agreement, the The Academy will provide a

certificate of insurance naming the District as additional insured with general

liability insurance limits of $2,000,000.

B. The District will indemnify and hold harmless the The Academy from and

against any and all losses, costs, damages and expenses, including reasonable

attorneys' fees and expenses, occasioned by, or arising out of, the District's

negligence or willful misconduct in the performance of its duties under this

Agreement.

C. The Academy will indemnify and hold harmless the District from and against any

and all losses, costs, damages and expenses, including reasonable attorneys' fees

and expenses, occasioned by, or arising out of, the The Academy negligence or

willful misconduct in the performance of its duties under this Agreement.

5. TERMINATION.

A. Termination for Cause. The occurrence of any one or more of the following

events shall constitute cause for either party to declare the other party in default of

its obligations under the Agreement:

1. Failure to make substantial and timely progress toward performance of the

Agreement.

BA-15-477.2

2. Failure of the party's work product and services to conform with any

specifications noted herein.

3. Any other breach of the terms of this agreement.

B. Notice of Default. If there occurs a default event under Section 5A, the non-

defaulting party shall provide written notice to the defaulting party requesting that

the breach or noncompliance be immediately remedied. In the event that the

breach or noncompliance continues to be evidenced ten days beyond the date

specified in the written notice, the non-defaulting party may either:

1. Immediately terminate the Agreement without additional written notice; or,

2. Enforce the terms and conditions of the Agreement and seek any available

legal or equitable remedies.

In either event, the non-defaulting party may seek damages as a result of the

breach or failure to comply with the terms of the Agreement.

6. CONTACT PERSON. The Contact Persons shall serve until the expiration of the

Agreement or the designation of a substitute Contact Person. During the term of this

Agreement, each Contact Person shall be available to meet, as otherwise mutually

agreed, to plan the services being provided under the Agreement. The Contact

Persons are as follows:

Paul Hayes

Executive Manager of Learning Supports


2500 Edgewood Road NW

Cedar Rapids, Iowa 52405

Ruth E. White

Executive Director/Founder

Academy for Scholastic and Personal Success

319 Eastland Dr. SE


Cedar Rapids Community School District The Academy for Scholastic and

Personal Success

By: ___________________________ By: _____________________________

Board President Dr. Ruth White

Date: _______________ Date: _______________

By: ___________________________

Board Secretary

Date: _______________

BA-15-477.3

5/11/2015

5/11/2015


CONSENT AGENDA BA-15-478 Agreement – Cedar Rapids Community School District and Four Oaks Family and

Children’s Services (Sheila Lehman) Exhibit: BA-15-478.1-2 Action Item Pertinent Fact(s): 1. Four Oaks operates a special treatment center at Bertram for middle and high school boys with

behavioral disabilities relating to sexual perpetration. 2. The facility provides residential placement, therapeutic, and education services to boys that are

court committed from eastern Iowa. 3. Under Iowa Administrative Code, it is the responsibility of each school district to provide for the

provision of appropriate special education services for all disabled students within their boundaries.

4. The Cedar Rapids Community School District, therefore, has responsibility under the code for the

provision of special education services at the Four Oaks Bertram facility.

5. The Cedar Rapids Community School District currently operates three (3) instructional classrooms at the Bertram site.

6. The behavioral needs of the students are best served through educational facilities that are in close

proximity to the residential cottages and treatment service at the Bertram site.

Recommendation: It is recommended that the Board of Education approve the Agreement between the Cedar Rapids

Community School District and Four Oaks Family and Children’s Services.

1

AGREEMENT BETWEEN

THE CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT

AND

FOUR OAKS FAMILY AND CHILDREN’S SERVICES

FOR THE LEASING OF EDUCATIONAL FACILITIES

AND PROVIDING OF EDUCATIONAL SERVICES

This Agreement is made and entered into by and between FOUR OAKS FAMILY AND CHILDREN’S

SERVICES (Four Oaks) and CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT (School District) for the

primary purpose of providing educational facilities and classes at the STOP Program in Bertram, Iowa.

WHEREAS, Four Oaks provides residential treatment for children requiring special education instruction at the

Bertram site; and

WHEREAS, School District desires to provide such instruction in facilities located at the Bertram site; and

WHEREAS, both parties have reached certain agreements and understandings concerning the leasing of such

school facilities and the respective obligations of the parties in connection with the conduct of such special

education classes and wish to reduce their agreements and understandings to writing.

NOW, THEREFORE, in consideration of the respective services and payments to be provided by the parties and

for other good and valuable consideration, it is agreed as follows:

1. Four Oaks shall lease to School District a 5,261 square foot school building consisting of three

classrooms, a combination computer lab and library, staff workroom, de-escalation room, storage areas

and bathroom facilities.

2. Four Oaks has constructed an adjacent 2,600 square foot Multipurpose Room that may be utilized by the

special education staff and students at no additional fee or cost to the School District.

3. School District shall pay Four Oaks the amount of $70,216 for use of the school building, including all

utilities, maintenance and cleaning. Lease payments shall be in twelve equal monthly installments of

$5,851.33 commencing July 1, 2015.

4. Furthermore, School District shall:

a. Staff and supervise the educational classes within the Four Oaks program at the Bertram site;

b. Maintain appropriate educational and billing data on students served in the educational classes;

c. Serve as the primary interface with districts of non-resident students served in the educational

classes;

d. Bill districts for educational services provided to non-resident students;

e. Apply fees collected on non-residential students served in the classes to the School District’s cost

of operating the classes;

f. Comply in all respects with the Civil Rights Act of 1964 (P.L. 88-352) to the effect that no person

shall, on the grounds of race, color, or national origin, be denied the benefits of, or otherwise

subject to discrimination under any program or activity for which the agency receives federal

assistance and will immediately take any measure necessary to effectuate compliance with this

statute.

4. Four Oaks agrees to:

a. Provide therapeutic residential support services to support students served in the classes;

b. Provide emergency support services for students in this program needing special interventions;

c. Collaborate with educational staff on the delivery of educational and residential services;

BA-15-478.1

d. Provide general liability and property insurance coverage for the facility leased herein naming the

School District as an additional insured. School District shall be notified in writing in the event

that insurance coverage for the facility is cancelled.

Term of Agreement:

The term of this Agreement shall be from July 1, 2015 through June 30, 2016. Subsequent terms

shall commence on July 1st and end on the following June 30th. It is the good faith intention of both

parties to renew this Agreement annually hereafter unless there is a substantial change in

circumstances. A party intending to not renew this Agreement shall give written notice to the other

party not less than 90 days prior to June 30th, with respect to the renewal that would otherwise

commence on July 1st (the beginning of the fiscal year for purposes of this Agreement).

Correspondence for purposes of notification shall be sent to: Executive Director of Special Services,

Cedar Rapids Community School District, 2500 Edgewood Rd NW, Cedar Rapids, (School District)

and Controller - Finance, Four Oaks, 5400 Kirkwood Blvd. SW, Cedar Rapids, IA 52404, (Four

Oaks).

Mutual Obligations:

1. The parties shall each provide property and professional liability insurance coverage for their

respective interests in the property and staff used in connection with and as part of this facility and

educational program. More specifically, the School District shall provide contents insurance

coverage for all School District owned property stored on the premises. Four Oaks shall provide

property insurance coverage for the facility and coverage for any contents that it may own on the

premises.

2. The parties shall each be responsible for maintenance of its respective equipment used hereunder,

including all repairs and replacements thereof.

3. Routine maintenance and cleaning of the leased facility shall be the responsibility of Four Oaks.

4. The parties shall enter into discussions and reach good-faith agreement from time to time

concerning the respective obligations of the parties for the cost of improvements to and remodeling of

the leased facility, as well as with respect to the purchase of additional equipment.

IN WITNESS WHEREOF, the parties have approved and caused this Agreement to be signed by them in Cedar

Rapids, Iowa.

CEDAR RAPIDS COMMUNITY FOUR OAKS FAMILY AND CHILDREN’S

SCHOOL DISTRICT SERVICES

By: _____________________________ By:____________________________

Title: President of School Board Title: Chief Financial Officer

Date: ___________________________ Date:__________________________

By: ____________________________

Title: Secretary of School Board

Date:___________________________

BA-15-478.2

May 11, 2015

May 11, 2015


CONSENT AGENDA BA-15-479 Agreement – Cedar Rapids Community School District and Goodwill Industries for

Janitorial Services at the Transition Center (Sheila Lehman) Exhibit: BA-15-479.1-3 Action Item Pertinent Fact(s):

1. The District’s Transition Center is located on the second floor of the Kubias Building at 311 3rd

Ave SE, Cedar Rapids and as such is not physically connected to one of our school buildings. 2. Goodwill Industries employs adults with disabilities whom they train for various occupations

including janitorial work.

3. Coordinating with Goodwill Industries is an economical way to provide janitorial services to one of our small off-site locations.

Recommendation: It is recommended that the Board of Education approve the Agreement between the Cedar Rapids

Community School District and Goodwill Industries for Janitorial Services at the District’s off-site Transition Center.

of 3

AGREEMENT CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT

AND GOODWILL INDUSTRIES OF THE HEARTLAND

This AGREEMENT is made and entered into by and between the Cedar Rapids Community School District, an Iowa public school corporation (the "District") and the Goodwill Industries of the Heartland ("Goodwill Industries").

1. Purchased Services. Goodwill Industries shall provide a job candidate responsible for the janitorial services outlined below.

2. Job Duties to be completed. Daily

1) Vacuum - All carpeted areas 2) Bathrooms

a. Change and stock all paper products b. Fill soap dispensers c. Sanitize toilets. d. Sanitize sinks and counters e. Clean mirrors f. Sweep and mop the floors g. Wipe down shower stalls as needed

3) Kitchen Areas / Activity Areas a. Wipe down appliances inside and out (microwaves, stove, etc.) b. Wipe down counter, drawers and cabinets (disinfect all kitchen drawer &

cupboard handles) c. Sanitize tables d. Refill soap dispenser and paper towels e. Dust computer terminals and keyboards f. Sweep and mop all tiled floors

4) Conference Room a. Sanitize tables

5) Storage/Wash Dryer Areas a. Wipe down washer and dryer appliances

6) Extra a. Wash front and side glass door windows (inside and out weekly) b. Wipe down drinking fountains c. Sanitize all door handles d. Spray anti-bacterial spray on all office telephone receivers e. Complete other duties requested by staff or written in the communication

log f. Notify Cedar Rapids Community Schools Transitions Center staff when the

cleaning supplies inventory is low g. Maintain positive public relations with Cedar Rapids Community Schools

Transitions Center staff Weekly

1) Dusting a. Wipe window ledges and cleared flat surfaces b. Dust tables and wood furniture c. Dust any art on the walls d. Spot clean office windows, glass surfaces, microwaves and televisions

BA-15-479.1

3. Additional Provisions. The District will provide all cleaning supplies and equipment needed to complete the contracted services and is responsible for maintaining equipment in good working order. Goodwill Industries will provide drop in Job coaching, who will be responsible for quality assurance of the cleaning services completed.

4. Services Provided by Goodwill Industries. Assist with training to assure the work is done according to the written or verbal specifications of the Cedar Rapids Community Schools Transition Center. Submit a monthly bill to the District for the total hours worked. Complete additional cleaning projects at the worksite as requested by the Cedar Rapids Community Schools Transition Center. If extra time is required we will adjust the bill to reflect the time spent cleaning

5. Terms. Goodwill shall provide cleaning services the Cedar Rapids Community Schools Transition Center every Monday, Wednesday, and Friday from 12:45-2:45 p.m. excluding those days that may fall on the designated school holidays and scheduled in service days including Labor Day, Friday after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve and Day, Fall, Winter and Spring Breaks.

The expected time to complete the cleaning is two hours each visit. Should adjustments need to be made to this schedule, a new contract would be written and submitted for approval within 90 days of the start date. The works shift may also be adjusted depending on the cleaning needs of Cedar Rapids Community Schools Transitions Center.

6. Costs Incurred by Goodwill Industries. Social Security Taxes Workers Compensation Insurance Payroll Costs Indirect Expenses Unique-to-Contract

.

7. Payments. Goodwill Industries will submit a monthly bill for the total hours worked at the rate of $13.32 per hour. These rates reflect the worker’s wages, worker compensation costs, other indirect expenses and payroll taxes for which Goodwill Industries is responsible. An increase in minimum wage due to legislative action may result in the need to revise the $13.32 hourly rate. If this occurs after this agreement is signed, both parties agree to negotiate a new reasonable hourly wage for the timeframe of this agreement. An amendment for this purpose can be documented through a letter of understanding.

8. Term and Termination. The term of this Agreement shall be August 25, 2015 through the end of the 2015-16 school year. Goodwill Industries or the District may terminate this contract for services within two weeks written notice with neither party liable to the other for damages caused by the cancellation of this agreement.

9. Notices. Any and all notices provided for in this Agreement shall be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, or by Federal Express, courier or other similar and reliable carrier which shall be addressed to each party as set forth as follows:

BA-15-479.2

If to the District: If to Goodwill Industries:

Sheila Lehman Shannon Jamison Cedar Rapids Community School District Goodwill Industries of the Heartland 2500 Edgewood Rd. NW 1441 Blairs Ferry Rd. NE Cedar Rapids, Iowa 52405 Cedar Rapids, Iowa 52402

GOODWILL INDUSTRIES OF CEDAR RAPIDS COMMUNITY THE HEARTLAND SCHOOL DISTRICT

By _________________________________ By_________________________________ Typed Name: Shannon Jamison Typed Name: Mary Meisterling

Position:____________________________ Board President

____________________________________ ______________________________ Date Date

______________________________ Attest: Board Secretary

BA-15-479.3

5/11/2015


CONSENT AGENDA BA-15-480 Bank Depository Resolution (Steve Graham) Exhibit: BA-15-480.1 Action Item Pertinent Fact(s):

The Code of Iowa Chapter 12C requires that the Board annually approve the banks, savings associations, (formerly savings and loans) and credit unions and associated maximum balances in which the District funds including student activity accounts may be deposited.

Recommendation: It is recommended that the Board of Education approve the Resolution Naming Depositories.

RESOLUTION NAMING DEPOSITORIES

RESOLVED, that the Board of Education of the Cedar Rapids Community School District in Linn

County, Iowa, approves the following list of financial institutions to be depositories of the Cedar Rapids

Community School District funds in conformance with all applicable provisions of Iowa Code Chapter

12C. The Treasurer is hereby authorized to deposit the Cedar Rapids Community School District funds

in amounts not to exceed the maximum approved for each respective financial institution as set out

below.

MAXIMUM BALANCE

LOCATION OF IN EFFECT UNDER

DEPOSITORY NAME HOME OFFICE THIS RESOLUTION

Bank of the West San Francisco, CA $60,000,000

Bankers Trust Cedar Rapids, IA $60,000,000

BankIowa Independence, IA $60,000,000

Cedar Rapids Bank & Trust Cedar Rapids, IA $60,000,000

Chase Louisville, KY $60,000,000

Collins Credit Union Cedar Rapids, IA $60,000,000

Commercial Federal Bank Savings Assoc. Omaha, NE $60,000,000

Farmers State Bank Marion, IA $60,000,000

Guaranty Bank & Trust Company Cedar Rapids, IA $60,000,000

Heritage Bank Delhi, IA $60,000,000

Hiawatha Bank & Trust Company Hiawatha, IA $60,000,000

Hills Bank & Trust Company Hills, IA $60,000,000

HSBC New York, NY $60,000,000

Linn Area Credit Union Cedar Rapids, IA $60,000,000

Regions Bank Bellevue, IL $60,000,000

Union Planters Bank Waterloo, IA $60,000,000

US Bank, NA Minneapolis, MN $60,000,000

Wells Fargo Bank Iowa. N. A. Minneapolis, MN $100,000,000

CERTIFICATION. I hereby certify that the foregoing is a true and correct copy of a resolution of the

Cedar Rapids Community School District adopted at a meeting of said public body, duly called and held

the 11th day of May, 2015, a quorum being present, as said resolution remains of record in the minutes

of said meeting, and it is now in full force and effect.

Dated this 11th day of May, 2015

______________________________________________

Board Secretary

CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT

2500 Edgewood Road NW


BA-15-480.1


CONSENT AGENDA

BA-15-481 Tabulation – Microsoft Licensing (Tom Day/Lori Bruzek)

Exhibit: BA-15-481.1

Action Item

Pertinent Fact(s):

1. The District is at the end of a three-year commitment on the current Microsoft Enrollment forEducation Solutions (EES) licensing contract. Bids were requested for a new agreement.

2. The District has participated in this, or a similar Microsoft Volume Licensing program forapproximately 15 years. The program provides a cost-effective means for the District to acquireand ensure compliance with Microsoft software solution licensing requirements. The Districtleverages this agreement for Microsoft desktop, server and cloud solutions.

3. The program costs have decreased significantly over the last 10 years, while the resources andsolutions provided have increased. Through participation in this program, the District haseliminated annual costs for separate endpoint protection (antivirus) and computer managementsolutions, saving the District approximately $70,000 annually.

4. The bid was sent to 46 vendors with 10 responses. Award is recommended to the lowest bidresponse.

Recommendation:

It is recommended that the Board of Education approve the Tabulation – Microsoft Licensing and recommended award.

Microsoft Annual Licensing Bid Tabulation

Annual subscription licensing for three years.

This licensing includes, but is not limited to:

Operating system upgrades for all District PCs and servers

Microsoft Office Professional Suite (Word, Excel, Power Point, Publisher, One Note, Lync, etc) for

all District computers

Computer endpoint protection solution for District computers

System Center Client Management Suite (PC and Server management solution)

Office 365 access for all students and staff

Student email accounts

Student and staff access to Office applications for personal devices

Estimated Annual Cost Vendor

no bid Southern Computer Warehouse

no bid OneNeck IT Solutions

$112,052.67 Global Government/Ed Solutions

$112,186.16 Insight Public Sector

$112,758.63 En Pointe Technology Sales Inc

$112,858.12 Shcholar Buys

$113,922.57 SHI

$113,936.53 Gov Connection Inc

$114,056.88 Encompass, Iowa LLC

$118,265.77 CDW Government Inc

Bids were sent to 46 vendors.

Global Governement/Ed Solution is located in Atlanta, GA.

BA-15-481.1


CONSENT AGENDA BA-15-482 Proposal Acceptance – Vending Services (Tom Day) Action Item Pertinent Fact(s): 1. The District solicited proposals for Vending Services that offered the most favorable services,

variety, and nutritional value of products, with the greatest source of revenue for the District. Proposals were sent to 7 vendors with 3 responses received.

2. The contract also includes the Food and Nutrition Department and their catering programs.

3. The vending products are governed by the Board of Education Wellness Policy 610/Regulation

601.1, and the State of Iowa Title XII Chapter 58 School Breakfast and Lunch Program: Nutritional Content Standards for Other Foods and Beverages.

4. The contract does not include soft drinks/beverages/snacks sold or dispensed by booster clubs,

parent-teacher associations, school clubs, or similar organizations. Recommendation:

It is recommended that the Board of Education approve the Proposal Acceptance to Brokaw Vending/Pepsi America. Brokaw Vending is located in Cedar Rapids Iowa.


CONSENT AGENDA BA-15-483 Purchasing Register – Unified Threat Management Firewall Device

(Tom Day/Lori Bruzek) Action Item Pertinent Fact(s):

1. The District firewall solution provides a layer of security between the Internet and the District network. The current firewall solution is regularly reaching its maximum capacity resulting in disruption or delays for network users. The District needs to replace the solution to increase throughput capacity.

2. Firewalls solutions are also known as Unified Threat Management (UTM) devices. This is due to

the need to consolidate multiple applications into a single appliance at the network edge. A UTM device is a comprehensive solution that encompasses multiple network security functions including firewall, bandwidth management, VPN, intrusion detection, threat mitigation, gateway level antivirus and antispam, and detailed reporting functions.

3. The District is seeking proposals on a high-availability UTM solution to address internet access

throughput, leverage technology advancement to support load balancing across multiple Internet Service Provider connections, and provide efficiencies and improved reporting regarding network utilization.

4. Funding for the UTM firewall device will be covered by Technology SILO funds.

Recommendation:

It is recommended that the Board of Education approve the Purchasing Register – Unified Threat Management Firewall Device.


CONSENT AGENDA BA-15-484 Agreement – Long Term Suspension - Student A (Mary Ellen Maske) Exhibit: Confidential Item Action Item Pertinent Fact(s):

The identified Student A’s long term suspension will be until the end of the 2014-2015 school year, June 5, 2015. The student’s parents have voluntarily waived a long term suspension hearing. Additional educational services may be provided by the District to the student during the long term suspension period.

Recommendation: It is recommended that the Board of Education approve the Agreement – Long Term Suspension for the

identified Student A. CONSENT AGENDA BA-15-485 Agreement – Long Term Suspension – Student B (Val Dolezal) Exhibit: Confidential Item Action Item Pertinent Fact(s):

The identified Student B’s long term suspension will be until the end of the 2014-2015 school year, June 5, 2015. The student’s parents have voluntarily waived a long term suspension hearing. Additional educational services may be provided by the District to the student during the long term suspension period.


identified Student B.


CONSENT AGENDA BA-15-486 Agreement – Long Term Suspension – Student C (Val Dolezal) Exhibit: Confidential Item Action Item Pertinent Fact(s):

The identified Student C’s long term suspension will be until the end of the 2014-2015 school year, June 5, 2015. The student’s parents have voluntarily waived a long term suspension hearing. Additional educational services may be provided by the District to the student during the long term suspension period.


identified Student C.


CONSENT AGENDA BA-15-487 Memorandum of Understanding – Cedar Rapids Community School District and Workplace Learning Connection (Karla Ries) Exhibit: BA-15-487.1 Action Item Pertinent Fact(s):

1. The Workplace Learning Connection serves as the designated, single point of contact for work-based learning for students and teachers to explore and experience careers and workforce issues.

2. Mary Lou Erlacher and Tara Troester will share updates on plans to increase the number of

CRCSD students involved in job shadowing and internships.

3. While our comprehensive high schools are exemplary models for college readiness, a case can be made that expanding opportunities in career readiness will benefit the students in our community.

4. Compensation for the Memorandum of Understanding will be $36,348.00 paid in July, 2015.

Recommendation:

It is recommended that the Board approved the Memorandum of Understanding between the Cedar Rapids Community School District and Workplace Learning Connection (WLC).

BA-15-487.1

May 11, 2015


CONSENT AGENDA BA-15-488 Approval – Meal Price Increase for the 2015-2016 School Year (Suzy Ketelsen) Action Item Pertinent Fact(s):

1. The Department of Food and Nutrition finds it necessary to increase breakfast and lunch prices to comply with guidelines of the Healthy, Hunger-Free Kids Act of 2010 (HHFKA).

The recommended increase is as follows:

2. The Paid Meal Equity provision of the HHFKA requires schools to annually assess their prices with the end goal of all paid lunch prices at least equaling the free reimbursement rate minus the paid reimbursement rate.

$2.98 (free meal reimbursement) minus $.28 (paid meal reimbursement) = $2.70

a. The average paid lunch price for the 2015-16 school year will be based on the federal reimbursement for the 2014-15 school year.

b. Districts do not have to meet the $2.70 paid lunch price requirement immediately. The

regulations allow for a gradual increase in paid lunch prices.

3. The Healthy, Hunger-Free Kids Act of 2010 also outlines new Dietary Guidelines that must be followed.

a. These new guidelines specify that schools now must serve low-fat or fat-free milk, whole

grains, 1 cup of fruits or vegetables per day and a greater mix of vegetables, including weekly requirements for vegetables that are dark green, red or orange and starchy, and beans or peas. They also outline daily minimum amounts and weekly ranges for grains and meats.

b. While the District has been moving toward these new guidelines over the last few years, it is

anticipated that the cost to fully comply will increase the food budget significantly. c. Beginning 7/1/2014, Districts were required to serve an additional ½ cup serving of fruit at

breakfast.

LunchCurrent

Price

Proposed

Price Increase

Elementary 2.40$ 2.50$ 0.10$

Secondary 2.50$ 2.60$ 0.10$

Reduced Price 0.40$ 0.40$ ‐$

BreakfastCurrent

Price

Proposed

Price Increase

Elementary 1.50$ 1.60$ 0.10$

Secondary 1.60$ 1.70$ 0.10$

Reduced Price 0.30$ 0.30$ ‐$


4. Financial impact for a family: If a student participates in the breakfast and lunch program every day, the increase would amount to approximately $4 monthly or $36 annually.

5. Price comparison of similar size districts:

Recommendation:

It is recommended that the Board of Education approve the Meal Price Increase (breakfast and lunch program) for the 2015-2016 school year as proposed.

$‐

$0.50

$1.00

$1.50

$2.00

$2.50

$3.00

$3.50

Elementary Middle High

2014‐15 Lunch Price Comparison

Cedar Rapids Davenport Des Moines Dubuque

Iowa City Sioux City Waterloo

$‐

$0.20

$0.40

$0.60

$0.80

$1.00

$1.20

$1.40

$1.60

$1.80

$2.00

Elementary Middle High

2014‐15 Breakfast Price Comparison

Cedar Rapids Davenport Des Moines Dubuque

Iowa City Sioux City Waterloo


CONSENT AGENDA BA-15-489 Agreement – Long Term Suspension - Student D (Mary Ellen Maske) Exhibit: Confidential Item Action Item Pertinent Fact(s):

The identified Student D’s long term suspension will be until the end of the 2014-2015 school year, June 5, 2015. The student’s parents have voluntarily waived a long term suspension hearing. Additional educational services may be provided by the District to the student during the long term suspension period.


identified Student D.


LEARNING AND LEADERSHIP BA-15-490 iJAG – Iowa’s Jobs for America’s Graduates (Karla Ries) Exhibit: BA-15-490.1-7 Information Item Strategic Plan Goals ☒ Academic Performance/Achievement ☐ Community Involvement ☐ Fiscal Integrity ☐ Professional Workforce ☒ Student Development Pertinent Fact(s):

1. The Cedar Rapids Community School District has a partnership with Iowa’s Jobs for America’s

Graduates which focuses on increasing graduation rates and reducing dropout rates. 2. Currently CRCSD has iJAG programs at Washington High School and Jefferson High School. 3. iJAG offers opportunities for students to interact with local employers and community-based

organizations.

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s p e c i a l a d v e r t i s i n g s e c t i o n s p e c i a l a d v e r t i s i n g s e c t i o n

iJAG- Unlocking Student PotentialLaurie Phelan, President & CEO

Melissa O’Neil, Vice President

executive team

Year began:1999

number of students served in 2014-15:1,914

annual operating budget:$2,407,255

QUICK FACTS400 E 14th StGrimes State Office Building, 3rd FloorDes Moines, IA 50319phone: 515.242.5617fax: 515.242.5618 Website: www.ijag.org email: [email protected]

ConTACT

missioniJAG (Iowa Jobs for America’s Graduates) is an independent, statewide 501(c)(3) private nonprofit corporation. Our mission is to assist students with multiple life challenges in graduating from high school and successfully transitioning into a career and/or continued education. Over the past 15 years iJAG has grown from 8 to 37 programs (29 schools) serving nearly 2000 students in multiple communities across the state of Iowa and Illinois.

KeY services providediJAG offers a venue for students to interact with employers and community-based organizations. We teach 37 core competencies comprised of six skill sets: personal, leadership, communication, job attainment, job success and career development. Through projects and partnerships, iJAG students have the opportunity to demonstrate their skills with employers, legislators and community leaders. iJAG has a 15 year track record for increasing graduation rates, improving academic performance and attendance, job placement, and transitioning

students into continued education, careers, or the military. Through iJAG, secondary level students have the opportunity to “pay-it-forward” through 15 hours of service learning projects. They discover their individual talents, develop leadership skills and seize opportunities to achieve their personal potential.

KeY audiences servedIn its 15+year history, iJAG has mentored more than 11,000 students who were at the highest risk of disengaging from school or dropping out altogether.

maKe an investment in ijagiJAG guarantees graduation by unlocking student potential thanks to the support of generous donors like you. Share your passion for education with Iowa youth today when you make a tax-deductible donation to iJAG. At least 90 percent of all expenditures are used on iJAG programs serving Iowa’s children. We are also always in need of volunteers. Please contact iJAG if you are interested in an investment of time.

Lynn Graves, Chair

Elizabeth Baustian

Allen Bean

Beth Canuteson

Sue Cheek

Senator Bill Dotzler

Debi Durham

Beverly Flores

Dr. Brad Buck

Jeri Le Henry

Jerald Keene

Greg Kopp

Gail Kotval

Tracy Lewis

Greg Linde

Deon Pitsor

Dr. Ralph Plagman

Lt. Governor Kim Reynolds, Honorary Member

Tami Rubino

Michael Sadler

Joel Schmidt

Representative Quinton Stanerson

Representative Sharon Steckman

Kirk Tyler

Dee Vanderhoef

Jay Venenga

Teresa Wahlert

Senator Brad Zaun

board of directors

“iJAG has done way more

than just teach me the

basics I need to get at job;

it has completely turned my

life around for the better. ”

Did You Know:• iJAGisIowa’smostcosteffectivecollegeandcareerreadinessprogramforyouthat-risk.• Nearly60%ofourstudentsthatgotocollegearethefirstintheirfamilytoattendany

post-secondaryeducation.• 24%arethefirstgenerationintheirfamilytograduatehighschool.• iJAGstudents’gradepointaveragesincrease.3annually.• iJAGstudents’attendanceincreasesanaverageof7daysperschoolyearoverthe

past15years.

400 E 14th St, Des Moines, IA 50319 | www.ijag.org | 515-242-5617

BA-15-490.1

Mission Statement:

To assist students with

multiple barriers in

graduating from high school

and/or successfully

transitioning from high

school to continued

education and careers. iJAG

provides 12 months of

follow-up after graduation.

400 E. 14th St Des Moines, IA 50319

515-242-5617

www.ijag.org

Like us on Facebook!

=

When Stephon Ruffin entered the iJAG program, he had 2.16 GPA. Stephon started

Jefferson High School as a junior and was doing very well in school. He has a

magnetic personality that teachers and students loved about him, not to mention

he was extremely polite and personable. Unlike most of his classmates, Stephon

had barriers that most people will never experience in their lifetime.

Stephon was born in Chicago and was living in Joliet before he came to Cedar

Rapids to live with his older brother. He moved from Chicago to Joliet because of

the violence, association with gangs, and drugs, so his mom relocated him. Stephon

was able to handle the pressure that he was facing when moving to a new area.

Soon after he became acclimated to the different educational expectations,

meeting new friends and learning a new city, his mother began suffering from

heart problems. Due to his mother’s illness, Stephon had to work to support

himself, younger brother and mother to make ends meet. Things were not going

well for him so he moved to Cedar Rapids to live with his older brother.

After all of the obstacles Stephon had overcome, he now faced even more

hardships living with his brother. He was expected to leave school regularly to help

babysit his nephew, he was required to pay for all of his own things, and eventually

ended up homeless when his brother decided to move into a smaller house with

his family. By the beginning of his senior year in High School, Stephon was working

full-time at Nordstrom, attending high school full-time, and living with his girlfriend

illegally.

Stephon entered the iJAG program 3rd term of last year. Since joining the program,

he has managed to stay in school and increased his GPA to a 2.36. He was elected

iJAG Vice President of Social Leadership this year, continued to maintain and

increase his GPA. He has been accepted to Mount Mercy University, and has been

awarded the Catherine McCauley Scholarship, which will allow him to attend on

almost a full ride.

BA-15-490.2

Through our Electronic National Data Management System (ENDMS) we are able to track and monitor

student achievement and progress toward graduation. At the beginning, middle and end of the year the

following data is captured to monitor growth and progress. We measure average whole days of

unexcused absences, office referrals, GPA, and the number of barriers a student has to their success.

JAG National Standard iJAG Class of 2013

Graduation Rate 90% 97%

Positive Outcome Rate 80% 93%

Total Job Placement 60% 86%

Full-Time Placement 80% 96%

Full-Time Jobs 60% 80%

Further Education N/A 48%

Unable to Contact <5% 7%

STUDENT HIGHLIGHTS

We all know people want to hear directly from students. We have 45-50 students who are enrolled in

each iJAG class at High Schools that have the program, with an additional 15-20 students in follow-up.

Here is an additional story from the Cedar Rapids Jefferson High School iJAG program.

TYRESE WILSON

CLASS OF 2015:

Plans After Graduation: Attend College

Tyrese attended the Iowa College Tour over Spring Break and was accepted into Moorehouse College. He has not yet committed, but it was a huge honor for him. He is pursuing other 4 year colleges such as Oakwood in TN, UNI in Cedar Falls, IA, and Tennessee University.

BA-15-490.3

IOWA’S JOBS FOR AMERICA’S GRADUATES Unlocking Student Potential One Obstacle at a Time!

SERVICE HISTORY AND PERFORMANCE

Over the past fourteen years, iJAG programs have served 11,272 students statewide, exceeded the National JAG standard for graduation (National 90%; iJAG’s 95%), exceeded Iowa’s high school graduation rate of 90% and has graduated over 8,639 at-risk students. Of that number, 40% of iJAG participants have continued their education at colleges, universities, and other vocational and technical training centers.

iJAGhasmaintaineda93%averagegraduationrateeventhoughthenumberofbarriersperstudenthasrisenfrom4.74in1999to6.88in2014.

Total Student Profiles: 1591 Total Number of Students Served in Class and Follow-up: 2022

PERFORMANCE OUTCOMES

Measureable Outcome National JAG Standards

iJAG Performance

2014

iJAG Performance

Goals

Graduation Rate 90% 95% 96% Positive Outcome Rate 80% 84% 87% Total Job Placement Rate 60% 72% 65% Full-Time Placement Rate 80% 81% 85% Full-Time Jobs Rate 60% 60% 60% Further Education Rate N/A 40% 48%

PUBLIC / PRIVATE PARTNERSHIP

Iowa Jobs for America’s Graduates (iJAG) is the only non-profit 501 c (3) organization in Iowa specifically created as a bipartisan public and private partnership with a laser focus on implementing a nationally successful model recognized for increasing graduation rates, reducing dropout rates; providing one year of follow-up supports after high school.

Since its inception, iJAG has leveraged state and local funding to consistently increase the level of private sector investments. The average program cost statewide is $70,040, approximately $1,592 per student year-round. iJAG longitudinal growth chart demonstrates the approximate distribution of funds per site.

#1Dropout

Prevention

Program

95%Graduation

Rate

28%

16%28%

28%

FUNDING STREAMS

Local Schools Special Grants State Appropriations Private

BA-15-490.4

OUR PROGRAM IS GROWING

iJAG has continued to show sustainable growth in the number of programs over 15 years; going from 10 programs in 2002 to 37 programs in the 2014-2015 academic year. Currently iJAG has a waiting list that includes 30 middle and high schools.

Program growth decisions are made based on a combination of the following three factors:

1. Schools must be one of the schools in Iowa that are either on the watch list for the No Child Left Behind (NCLB), and/or below state average graduation rate and/or above state average dropout rate.

2. The ability of iJAG to secure a blend of funding available to expand and sustain the program beyond the

implementation year.

3. Schools must agree to invest $18,000 toward the program operation as well as provide course credit and a classroom for the program.

When these three factors are addressed, the iJAG organization works closely with the school district administration and local community agencies, civic organizations and businesses to implement a quality iJAG program. Each program is evaluated formally twice annually for performance. iJAG is reviewed through an accreditation process by the national JAG organization every 3-4 years.

Laurie Phelan, President/CEO 400 E. 14th Street

Des Moines, IA 50319 [email protected] 515-242-5617 www.ijag.org

10 10 13 17 18 18 2127 30 26 31 36 37

0

10

20

30

40

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Number of iJAG Programs

THANK YOU FOR YOUR SUPPORT!

Iowa Department of Education John Deere Foundation

Iowa Department of Human Services AT&T Services, Inc.

Bank of America Charitable Foundation Community Foundation of Great River Bend

Principal Financial Group Alcoa Foundation

United Auto Workers - UAW Archer Daniels Midland Company

Rockwell Collins Kendall Hunt Publishing Company

Community Foundation of Greater Des Moines Casey’s Charities

Iowa West Foundation MidAmerican Energy Holdings Company

Dubuque Racing Association Theisen’s

Johnson County Community Foundation Atlantic Bottling Coca-Cola

Community Foundation of Northeast Iowa Alliant Energy Foundation

Cargill, Inc. Dubuque Bank and Trust

CenturyLink Hy-Vee, Inc.

Banker’s Trust Company Performance Management Group, LLC

The Greater Cedar Rapids Community Foundation United Way

Iowa Workforce Development

CO

NTA

CT

US

BA-15-490.5

Draft 2015 – 2016 iJAG Specialists and Sites

Council Bluffs (4) Wilson Jr. High Middle School Jefferson H.S. 9‐10 Jefferson H.S. 11‐12 Lincoln H.S. 11‐12

Perry (2) Perry H.S. 9‐10 Perry H.S. 11‐12

Creston (1) Creston H.S. 11‐12

Mason City (2)Mason City H.S. 9‐10 Mason City H.S. 11‐12

Davenport (4)Central H.S. 11‐12

North H.S. 11‐12

West H.S. 11‐12

Mid City H.S. Rock Island (2)Rock Island H.S. 11‐12 Rock Island H.S. 9‐10

Des Moines (6)Hoover High School 11‐12

Lincoln High School 11‐12

North High School 11‐12

East High School 11‐12

Roosevelt High School 11‐12

College Success Program ‐ DMACC

Dubuque (5)Dubuque Senior H.S. 9‐10 Dubuque Senior H.S. 11‐12 Hempstead H.S. 9‐10 Hempstead H.S. 11‐12 Jefferson M.S. 7‐8

Cedar Rapids (4)Washington H.S. 9‐10 Washington H.S. 11‐12 Jefferson H.S. 11‐12

Saydel (1) Saydel H.S. 11‐12

Ottumwa (2)Ottumwa ACA 11‐12 Ottumwa HS 11‐12

Keokuk (1) Keokuk H.S. 11‐12

Waterloo (2)East H.S. 11‐12 East H.S. 9‐10

Iowa City (3)City H.S. 9‐10 City H.S. 11‐12 West H.S. 11‐12

Decatur (1)MacArthur HS 11‐12

Moline (4)Coolidge Campus 11‐12 United Township H.S. 11‐12 United Township 9‐10 United Township Education Center.

Bettendorf (1)Edison Academy

BA-15-490.6

Cedar Rapids Jefferson High School Erin Whipple (11‐12)

1243 20th St. SW


(319) 558‐2435

[email protected]

Washington High School John Gianforte (9‐10)

Ryan Dunbar (11‐12)

2205 Forest Dr SE


(319) 558‐1994 (John)

[email protected]

(319) 558‐1024 (Ryan)

[email protected]

Council Bluffs Abraham Lincoln High School Beth Keenan (11‐12)

1205 Bonham Ave

Council Bluffs, IA 51503

(712) 328‐6481

[email protected]

Thomas Jefferson High School Jay Busby (11‐12)

Michael Childers (9‐10)

2501 W Broadway


(712) 328‐6493 ext. 205

[email protected]

[email protected]

Woodrow Wilson Middle School Karrie Hansen

715 N 21st St


(712) 328‐6446

[email protected]

Creston Creston High School Jerry Hartman (11‐12)

601 W Townline St

Creston, IA 50801

(641) 782‐2116

[email protected]

Davenport Central High School Chad Harvey (11‐12)

1120 Main St

Davenport, IA 52803

(563) 323‐9900 x601

[email protected]

Mid City High School Michelle Charvat

1002 W Kimberly Rd

Davenport, IA 52806

(563) 391‐9161

[email protected]

North High School John Dailey (11‐12)

3636 W 53rd St

Davenport, IA 52806

(563) 388‐9880

[email protected]

West High School Mike Ator (11‐12)

3505 W Locust St

Davenport, IA 52804

(563) 386‐5500

[email protected]

Des Moines DMACC Early College Success

Matthew Phelan

1100 7th St


(515) 697‐7795

[email protected]

East High School Chris Scott (11‐12)

815 13th St


(515) 242‐7788

[email protected]

Hoover High School Laura Ayala (11‐12)

4800 Aurora Ave


(515) 242‐7314

[email protected]

Lincoln High School Amy Kennel (11‐12)

2600 SW 9th St


(515) 242‐7500

[email protected]

North High School Seth Grote (11‐12)

501 Holcomb Ave


(515) 242‐7200

[email protected]

Dubuque Dubuque Senior High School Jenny Duffy (11‐12)

Tim Dolson (9‐10)

1800 Clark Dr

Dubuque, IA 52001

(563) 552‐5500

[email protected]

[email protected]

Hempstead High School Jodie Julson (11‐12)

Tim McClain (9‐10)

3715 Pennsylvania Ave

Dubuque, IA 52002

(563) 552‐5200

[email protected]

[email protected]

Illinois Coolidge Campus JR Moyers

3430 Avenue of the Cities

Moline, IL 61265

(309) 743‐1621

[email protected]

Decatur High School Gayle Bowman

MacArthur High School

1 Educational Park

Decatur, IL 62526

(217) 876‐8021

[email protected]

Rock Island High School Craig Sharp (10‐12)

1400 25th Ave

Rock Island, IL 61201

(309) 793‐5950

[email protected]

United Township Education Center Lisa DeBates

4200 Archer Dr.

East Moline, IL 61244

(309) 752‐6810

[email protected]

United Township High School Kendra Cobb

1275 Avenue of the Cities

East Moline, IL 61244

(309) 752‐1671

[email protected]

Iowa City City High School Rick Spear (9‐10)

Sarah Richardson (11‐12)

1900 Morningside Dr

Iowa City, IA 52245

(319) 688‐1040

[email protected]

[email protected]

Keokuk Keokuk High School Missy Boutwell (11‐12)

2285 Middle Rd

Keokuk, IA 52632

(319) 524‐2542 ext. 2603

[email protected]

Mason City Mason City High School Eva Gutierrez Ackerley (9‐10)

Jeremy White (11‐12)

1700 4th St SE

Mason City, IA 50401

(641) 421‐4432

[email protected]

[email protected]

Ottumwa Ottumwa (ACA) Deb Hunt (11‐12)

501 E. 2nd St

Ottumwa, IA 52501

641‐683‐1342 ext. 16

[email protected]

Perry Perry High School Tina Kenney (11‐12)

Krista White (9‐10)

1200 18th St

Perry, IA 50220

(515) 465‐3503

[email protected]

[email protected]

Saydel Saydel High School Teresa Bowlin

5601 NE 7th St


(515) 262‐9325

[email protected]

Sioux City North High School Open (9‐10)

4200 Cheyenne Blvd

Sioux City, IA 51108

(712) 239‐7000

Waterloo East High School Deikeya Greer (11‐12)

214 High St

Waterloo, IA 50703

(319) 433‐2400

[email protected]

BA-15-490.7


ADMINISTRATION BA-15-491 Approval – SILO Debt Refinancing (Steve Graham) Exhibit: BA-15-491.1-32 Action Item Strategic Plan Goals ☐ Academic Performance/Achievement ☐ Community Involvement ☒ Fiscal Integrity ☐ Professional Workforce ☐ Student Development Pertinent Fact(s):

1. At the March 9, 2015 Board meeting, the Board approved an engagement agreement between the District and Piper Jaffray for the placement of a School Infrastructure Sales, Services & Use Tax Revenue Refunding Bond. You will recall that the goal is to refinance as much of the existing outstanding debt as possible, locking today’s low fixed rates, for interest cost savings.

2. Piper Jaffray ran a process to solicit bank proposals for the placement of the refunding

debt. Attached to this communication is a listing of all banks contacted, many in the Cedar Rapids metro area.

3. After evaluating the proposals, Piper Jaffray has focused in on refinancing the 2011 bonds

(originally issued in the amount of $43.425MM at an interest rate of 5%) and the 2012 bonds (originally issued in the amount of $10MM, at an interest rate of 4.25%). Focusing on the 2011 and 2012 bonds, the proposal from Regions Bank is the lowest cost proposal, producing the greatest savings. Their interest rate proposal is 2.34% fixed for the life of the loan.

4. Piper Jaffray does not recommend refinancing the 2010 bonds (originally issued in the amount of

$30MM at an interest rate ranging from 4.25% to 5%) at this time, due to the longer call dates associated with the 2010 bond, which therefore makes the escrow expensive enough that the net savings from the refinancing, after fees, doesn’t meet an appropriate threshold.

5. The agenda includes resolutions appropriate to cover the refinancing, and we anticipate closing the

loan in early June. At that time, all issue costs will be finalized (as opposed to being estimates right now) and the savings will be locked in. Representatives from Piper Jaffray will be at that Board meeting to review the refinancing numbers and answer any questions you might have.

Recommendation:

It is recommended that the Board of Education approve the Resolution providing for the advance refunding of its $43,425,000 School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011 and $10,000,000 School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2012.

Cedar Rapids CSD/2nd ½ Iss 4841-9886-5699\4

-1-

DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

MINUTES OF MEETING TO ISSUE SCHOOL INFRASTRUCTURE SALES, SERVICES AND USE TAX REVENUE REFUNDING BONDS, SERIES 2015

Cedar Rapids, Iowa

May 11, 2015

The Board of Directors of the Cedar Rapids Community School District met on the above date, at ______ o’clock ___.m. at the ______________________________, Cedar Rapids, Iowa.

The meeting was called to order by the Secretary of the Board, and the roll was called showing the following Directors present and absent:

Present:

Absent: .

• • •Other Business • • •

The Board took up for consideration the resolution next hereinafter set out. Board Member _______________ moved that the resolution be adopted, seconded by Board Member ______________. The President of the Board put the question on the motion, and the roll being called, the following named Directors voted:

Ayes:

Nays: .

Whereupon, the President of the Board declared the motion duly carried and the resolution duly adopted as hereinafter set out.

• • •Other Business • • •

At the conclusion of the meeting, and upon motion and vote, the Board adjourned.

BA-15-491.1-32


-2-


RESOLUTION

Resolution authorizing and providing for the issuance and securing the payment of School Infrastructure Sales, Services and Use Tax Revenue Refunding Bonds, Series 2015 and authorizing the execution and delivery of documents related thereto

WHEREAS, the Cedar Rapids Community School District (the “School District”), in the County of Linn (the “County”), State of Iowa, is entitled to receive proceeds of a statewide sales, services and use tax for school infrastructure (the “School Infrastructure Tax”), the revenue from which is deposited into the State Secure an Advanced Vision for Education Fund and distributed to the School District pursuant to Section 423E.4 of the Iowa Code, as amended, (the “School Infrastructure Tax Revenues”) and which taxes are and will continued to be collected as set forth therein; and

WHEREAS, the School District has adopted a revenue purpose statement setting forth the purposes for which it may use the School Infrastructure Tax Revenues, including but not limited to school infrastructure projects, and such revenue purpose statement was approved by the authorized electors of the School District on September 8, 2009; and

WHEREAS, the School District has previously issued the Outstanding Bonds (as defined herein) in accordance with the Outstanding Bond Resolutions (as defined herein) payable from the School Infrastructure Tax Revenues, and such Outstanding Bond Resolutions provided that additional Parity Bonds (as defined therein) payable from the School Infrastructure Tax Revenues may be issued on a parity with the Outstanding Bonds, provided that there has been procured and placed on file with the Secretary of the Board of Directors, a statement complying with the conditions and limitations therein imposed upon the issuance of said Parity Bonds; and

WHEREAS, the Board of Directors (the “Board”) of the School District is undertaking the advance refunding of the School District’s previous issues of (a) its School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011 issued in the principal amount of $43,425,000 (the “Series 2011 Bonds”) pursuant to the Series 2011 Bond Resolution (as defined herein) and the Series 2011 Bonds are optional for redemption on July 1, 2017 and any date thereafter, and (b) its School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2012 issued in the principal amount of $10,000,000 (the “Series 2012 Bonds” and, together with the Series 2011 Bonds, the “Prior Bonds”) pursuant to the Series 2012 Bond Resolution (as defined herein) and the Series 2012 Bonds are optional for redemption on June 1, 2017 and on any date thereafter; and

WHEREAS, pursuant to the provisions of Chapter 423E of the Code of Iowa, the School District deems it advisable and necessary to issue $56,924,000 School Infrastructure Sales, Services and Use Tax Revenue Refunding Bonds, Series 2015 (the “Series 2015 Bonds” and sometimes referred to herein as the “Bonds”), for the purposes refunding the Prior Bonds and paying costs of issuance and related costs of the Series 2015 Bonds, such Series 2015 Bonds shall be on a parity with the Outstanding Bonds; and

BA-15-491.1-32


-3-


WHEREAS, a statement of Piper Jaffray & Co. has been placed on file in the office of

the Secretary of the Board of Directors, showing that the conditions and limitations of the Outstanding Bond Resolutions with regard to the sufficiency of School Infrastructure Tax Revenues for the issuance of the Series 2015 Bonds on a parity with the Outstanding Bonds have been met and satisfied as required by the Outstanding Bond Resolutions; and

WHEREAS, arrangements have been made for the sale of the Series 2015 Bonds to Regions Capital Advantage, Inc. (the “Lender”);

NOW, THEREFORE, Be It Resolved by the Board of Directors of the Cedar Rapids Community School District, as follows:

Section 1. The following terms with or without capitalization shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise:

“Act” shall mean Iowa Code chapters 423E and 423F, as from time to time amended and supplemented.

“Additional Bonds” shall mean any school infrastructure sales, services and use tax revenue bonds issued on a parity with the Series 2015 Bonds in accordance with the provisions of this Resolution.

“Bonds” or “Series 2015 Bonds” shall mean $56,924,000 School Infrastructure Sales, Services And Use Tax Revenue Refunding Bonds, Series 2015, authorized to be issued by this Resolution.

“Date of Taxability” shall have the meaning given such tem in the Series 2015 Bonds.

“Determination of Taxability” shall have the meaning given such term in the Series 2015 Bonds.

“Economic Refunding” shall mean the sale and issuance of refunding bonds issued to discharge and satisfy all or a part of the Series 2015 Bonds, any Outstanding Bonds or Parity Bonds in accordance with Section 11 of this Resolution, and to pay costs of issuance. The refunding (i) must produce annual debt service on the refunding bonds not greater than the total (remaining) debt service on the Series 2015 Bonds, the Outstanding Bonds or the Parity Bonds being refunded; (ii) shall not have a payment in any Fiscal Year (through maturity of the refunding bonds) that is greater than the payment in such Fiscal Year on the Series 2015 Bonds, Outstanding Bonds or the Parity Bonds being refunded, and (iii) shall have a final maturity no later than the final maturity of the Series 2015 Bonds, Outstanding Bonds or the Parity Bonds being refunded.

BA-15-491.1-32


-4-


“Escrow Agent” means Bankers Trust Company, or other entity as may be approved by the School District.

“Escrow Agreement” means the Escrow Agreement between the School District and the Escrow Agent dated as of June 1, 2015, as amended from time to time.

“Fiscal Year” shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the School District. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the first day of the succeeding Fiscal Year, except to the extent of any conflict with the terms of the Outstanding Bonds while the same remain outstanding.

“Governing Body” shall mean the Board of Directors of the School District.

“Independent Auditor” shall mean an independent firm of certified public accountants, an independent financial advisor, or the Auditor of State.

“Issuer” and “School District” shall mean the Cedar Rapids Community School District.

“Lender” shall mean Regions Capital Advantage, Inc., or an affiliate thereof.

“Outstanding Bonds” shall mean the Series 2010 Bonds, the Series 2010 QSCB Bonds, the Series 2011 Bonds, the Series 2012 Bonds and the Series 2014 Bonds, which remain outstanding and a lien on the School Infrastructure Tax Revenues.

“Outstanding Bond Resolutions” shall mean Series 2010 Bond Resolution, the Series 2010 QSCB Bond Resolution, the Series 2011 Bond Resolution, the Series 2012 Bond Resolution, and the Series 2014 Bond Resolution, collectively.

“Parity Bonds” shall mean bonds, notes or other obligations payable solely from the School Infrastructure Tax Revenues on an equal basis with the Outstanding Bonds, the Series 2015 Bonds and any Additional Bonds as authorized to be issued under the terms of this Resolution.

“Paying Agent” shall mean Regions Bank, or other entity as may be approved by the School District.

“Permitted Investments” shall mean any investments permitted in Iowa Code chapter 12B or section 12C.9. All interim investments must mature before the date on which the moneys are required for payment of principal and interest on the Series 2015 Bonds or costs of the Projects.

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“Registrar” shall mean Regions Bank or other entity as may be approved by the School District.

“Registrar and Paying Agent and Escrow Agreement” shall mean the Registrar and Paying Agent and Escrow Agreement between the School District and the Registrar and Paying Agent regarding the Series 2015 Bonds.

“School Infrastructure Tax” shall mean the School District’s portion of the one percent (1%) sales, services and use tax imposed by the State of Iowa for school infrastructure purposes which must be deposited into the State Secure an Advanced Vision for Education Fund and distributed to the School District pursuant to section 423E.4 Code of Iowa, as amended.

“School Infrastructure Tax Revenues” shall mean all of the revenues received by the School District in each Fiscal Year from the imposition of the School Infrastructure Tax (including, without limitation, any revenues received by the School District from interest and penalties on delinquent collections of the School Infrastructure Tax).

“Secretary” shall mean the Secretary of the Board of Directors of the School District, or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities.

“Series 2010 Bond Resolution” means the School District’s resolution adopted on July 1, 2010 authorizing the issuance of the Series 2010 Bonds.

“Series 2010 Bonds” shall mean the School District’s School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2010 issued in the principal amount of $30,000,000 pursuant to the Series 2010 Bond Resolution.

“Series 2010 QSCB Bond Resolution” means the School District’s resolution adopted on November 8, 2010 authorizing the issuance of the Series 2010 QSCB Bonds.

“Series 2010 QSCB Bonds” shall mean the School District’s Taxable School Infrastructure Sales, Services and Use Tax Revenue Bonds (Qualified School Construction Bonds – Direct Pay), Series 2010 issued in the principal amount of $11,842,461 pursuant to the Series 2010 QSCB Bond Resolution.

“Series 2011 Bond Resolution” means the School District’s resolution adopted on August 8, 2011 authorizing the issuance of the Series 2011 Bonds.


“Series 2012 Bond Resolution” means the School District’s resolution adopted on August 22, 2011 authorizing the issuance of the Series 2012 Bonds.

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“Series 2014 Bond Resolution” means the School District’s resolution adopted on June 9, 2014 authorizing the issuance of the Series 2014 Bonds.


“2015 Bond Sinking Fund Subaccount” means the subaccount by that name created pursuant to Section 7 hereof.

“2015 Debt Service Reserve Fund Subaccount” means the subaccount by that name created pursuant to Section 7 hereof.

“2015 Debt Service Reserve Fund Subaccount Amount” means $_______ or such other amount agreed to by the Lender and the School District, and approved by Bond Counsel.

“Tax Exempt Rate” means 2.34% per annum, adjusted to 4.0% for periods during which there is an Event of Default which has not been cured as provided in Section 10 hereof.

“Taxable Rate” means ___% per annum adjusted to __% per annum for periods during which there is an Event of Default which has not been cured as provided in Section 10 hereof.

“Treasurer” shall mean the Treasurer of the School District or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder.

Section 2. Authorization. For the purposes referred to in the preamble hereof and pursuant to Chapters 423E and 423F of the Code of Iowa, the Series 2015 Bonds are hereby authorized to be issued in the amount of $54,598,000 and sold to the Lender. Any change in the amount set forth above shall be approved by the President; however, the aggregate amount issued may not exceed $56,924,000. The Series 2015 Bonds shall be dated as of the date of their delivery to the Lender and shall be payable as to both principal and interest in the manner hereinafter specified.

Section 3. Registrar and Paying Agent. Regions Bank is hereby designated as the Registrar and Paying Agent for the Series 2015 Bonds and may be hereinafter referred to as the “Bond Registrar” or the “Paying Agent”, and the President and the Board Secretary are hereby authorized and directed to execute and deliver the Registrar and Paying Agent and Escrow Agreement.

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Section 4. Bond Details; Source of Payment. The Series 2015 Bonds shall bear interest at Tax exempt Rate, unless there is a Determination of Taxability and, if there is a Determination of Taxability, at the Taxable Rate from the Date of Taxability. Principal of and interest on the Series 2015 Bonds shall be payable in semi-annual installments as set forth in the Series 2015 Bonds. All payments shall be applied first to the payment of interest due and next to the reduction of principal. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months.

Payment of both principal of and interest on the Series 2015 Bonds shall be made to the registered owners appearing on the registration books of the School District at the close of business on the fifteenth day of the month next preceding the payment date and shall be paid by check or draft mailed to the registered owners at the addresses shown on such registration books; provided, however, that the final installment of principal and interest on a Series 2015 Bond shall be payable only upon presentation and surrender of such Series 2015 Bond to the Paying Agent.

The School District reserves the right to prepay principal of the Series 2015 Bonds in whole or in part, on July 1, 2020, or on any date thereafter upon terms of par plus accrued interest. The prepaid principal shall cease to bear interest on the prepayment date. Prepayment of principal of the Series 2015 Bonds shall be made in amounts equal to $100,000 and any integral multiple of $1,000 in excess thereof.

The Series 2015 Bonds shall be executed on behalf of the School District with the official manual or facsimile signature of the President of the Board and attested by the official manual or facsimile signature of the Board Secretary, and shall be fully registered bonds without interest coupons. In case any officer whose signature or the facsimile of whose signature shall appear on the Series 2015 Bonds shall cease to be such officer before the delivery of such Series 2015 Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.

The Series 2015 Bonds shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Bond Registrar.

The Series 2015 Bonds, together with the Outstanding Bonds and any future Parity Bonds, and the interest thereon, shall be payable solely from the School Infrastructure Tax Revenues and the Revenue Fund and the Sinking Fund hereinafter referred to, both of which are hereby pledged to the payment thereof. None of the Series 2015 Bonds shall be a general obligation of the School District, and under no circumstances shall the School District be in any manner liable by reason of the failure of the School Infrastructure Tax Revenues to be sufficient for the payment in whole or in part of the Series 2015 Bonds and the interest thereon; but the Series 2015 Bonds shall be payable both as to principal and interest solely and only from the School Infrastructure Tax Revenues pledged therefor as hereinafter provided.

The Series 2015 Bonds shall be fully registered as to principal and interest in the names of the owners on the registration books of the School District kept by the Bond Registrar, and after such registration, payment of the principal and interest thereof shall be made only to the

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registered owners, their legal representatives or assigns. The Series 2015 Bonds shall be transferable only upon the registration books of the School District upon presentation to the Bond Registrar, together with either a written instrument of transfer satisfactory to the Bond Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner.

The record and identity of the owners of the Series 2015 Bonds may be kept confidential as provided by Section 22.7 of the Code of Iowa.

Section 5. Form of Series 2015 Bonds. The Series 2015 Bonds shall be initially issued as a single Series 2015 Bond and shall be in substantially the following form:

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THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT AND MAY NOT BE OFFERED OR SOLD WITHIN THE UNITED STATES OR TO U.S. PERSONS (AS SUCH TERMS ARE DEFINED UNDER THE SECURITIES ACT) EXCEPT PURSUANT TO AN EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT. ACCORDINGLY, THE BOND IS BEING OFFERED AND SOLD ONLY TO “QUALIFIED INSTITUTIONAL BUYERS” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT), AND MAY ONLY BE TRANSFERRED IN ACCORDANCE WITH THE FOREGOING.

(Form of Series 2015 Bond)

UNITED STATES OF AMERICA STATE OF IOWA

COUNTY OF LINN CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT

SCHOOL INFRASTRUCTURE SALES, SERVICES AND USE TAX REVENUE

REFUNDING BOND, SERIES 2015

No. 1

$56,924,000

INTEREST RATE MATURITY DATE

BOND DATE

2.34% July 1, 2026 [Date of Delivery]

The Cedar Rapids Community School District (the “School District”), in the County of Linn, State of Iowa, for value received, promises to pay on the Maturity Date of this Bond to:

REGIONS CAPITAL ADVANTAGE, INC.

or registered assigns (the “Lender”), the principal sum of FIFTY-SIX MILLION NINE HUNDRED TWENTY-FOUR THOUSAND DOLLARS together with interest on the outstanding principal hereof at the Interest Rate (the “Tax Exempt Rate”) from the date of this Bond, or from the most recent payment date on which interest has been paid until the Maturity Date, except as the provisions hereinafter set forth with respect to prepayment prior to maturity may be or become applicable hereto.

Interest on this Bond is payable semi-annually on January 1 and July 1 of each year, commencing on January 1, 2016, and will be calculated on the basis of a 360-day year comprised of twelve 30-day months.

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Principal of this Bond is payable in semi-annual installments on January 1 and July 1, commencing January 1, 2016, in each of the respective years and in the respective installment amounts, and continuing to and including the Maturity Date, subject to earlier prepayment as provided herein: {REVISE WITH FINAL}

Date Principal Payment

1/1/2016 $ 440,000 7/1/2016 440,000 1/1/2017 507,000 7/1/2017 507,000 1/1/2018 520,000 7/1/2018 520,000 1/1/2019 532,000 7/1/2019 532,000 1/1/2020 3,711,000 7/1/2020 3,715,000 1/1/2021 3,772,000 7/1/2021 3,777,000 1/1/2022 3,883,000 7/1/2022 3,884,000 1/1/2023 3,975,000 7/1/2023 3,986,000 1/1/2024 4,071,000 7/1/2024 4,075,000 1/1/2025 4,155,000 7/1/2025 4,150,000 1/1/2026 2,886,000 7/1/2026 2,886,000

On the Maturity Date, any remaining principal and interest shall be due and payable.

This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Bond Registrar.

This Bond is one of a duly authorized series of bonds (the “Bonds”) issued by the School District pursuant to and in strict compliance with the provisions of Chapter 423E and Chapter 423F of the Code of Iowa, as amended, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the Board of Directors of the School District authorizing and providing for the sale and issuance and securing the payment of the Bonds (the “Series 2015 Bond Resolution”), and reference is hereby made to the Series 2015 Bond Resolution for a more complete statement as to the source of payment of the Bonds and the rights of the Lender.

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The Bonds are issued for the purpose of advance refunding the School District’s Series 2011 Bonds and Series 2012 Bonds (as each is defined in the Series 2015 Bond Resolution) and paying costs of issuance and related costs of the Bonds.

In the event the Lender receives notice of a Determination of Taxability (as defined

hereinafter), the rate of interest on the Bonds shall be automatically increased, effective as of the Date of Taxability (as defined hereinafter) to annual interest rates equal to ___% (the “Taxable Rate”). In such case, the School District agrees also to pay to the Lender forthwith an amount equal to the aggregate difference between (i) the amounts actually paid at the Tax Exempt Rate during the period between the Date of Taxability and the date of receipt of notice of the Determination of Taxability and (ii) the amounts that would have been payable at the Taxable Rate due during such period, together with the amount of interest and penalties, if any, incurred by the Lender as a result of such change in tax exempt status.

A “Determination of Taxability” shall mean the issuance of a statutory notice of

deficiency by the Internal Revenue Service, or a ruling of the National Office or any District Office of the Internal Revenue Service, or a final decision of a court of competent jurisdiction in which proceeding the Lender or the School District has been a party, or an unqualified opinion of Bond Counsel, which holds that the interest payable on the Bonds is includable in the gross income of the holder thereof for federal income tax purposes, if the period, if any, for contest or appeal of such action, ruling or decision by the School District or Lender has expired without any such contest or appeal having been properly instituted by the Lender or the School District.

The “Date of Taxability” shall mean that point in time, as specified in the Determination

of Taxability that the interest payable on the Bonds becomes includable in the gross income of the holder thereof for federal income tax purposes.

If an Event of Default (as defined in the Series 2015 Bond Resolution) has occurred and

remains uncured within ten days, with respect to an Event of Default relating to a failure to pay principal or interest when due, or within thirty days after receipt by the School District of a notice from the Lender of such Event of Default, with respect to any other Event of Default, the Tax Exempt Rate shall increase to 4.00% and the Taxable Rate will increase to ___%, as applicable, until the Event of Default is cured.

The School District reserves the right to prepay principal of the Bonds in whole or in part on July 1, 2020, or on any date thereafter upon terms of par and accrued interest. Prepayment of principal of the Bonds shall be made in amounts equal to $100,000 and any integral multiple of $1,000 in excess thereof.

The Bonds are not general obligations of the School District, but the Bonds, together with the Outstanding Bonds (as defined in the Series 2015 Bond Resolution) and any other Parity Bonds (as defined in the Series 2015 Bond Resolution), are payable from and secured solely and only by a pledge of certain School Infrastructure Tax Revenues as defined and provided in the Series 2015 Bond Resolution. The School District has covenanted that it will allocate such

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School Infrastructure Tax Revenues to the Sinking Fund created in the Outstanding Bond Resolutions (as defined in the Series 2015 Bond Resolution) to meet the payments of principal of and interest on the Outstanding Bonds, the Bonds and any future Parity Bonds, as the same become due. Under no circumstances shall the School District be in any manner liable by reason of the failure of the said School Infrastructure Tax Revenues to be sufficient for the payment of the principal of or interest on the Bonds.

This Bond is fully negotiable but shall be fully registered as to both principal and interest in the names of the owners on the books of the School District in the office of the Bond Registrar, after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Bond Registrar, together with either a written instrument of transfer satisfactory to the Bond Registrar, or the assignment form hereon completed and duly executed by the Lender or the duly authorized attorney for such Lender.

The School District, the Bond Registrar and the Paying Agent may deem and treat the Lender hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the School District, the Bond Registrar and the Paying Agent shall not be affected by any notice to the contrary.

And It Is Hereby Certified, Recited and Declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Bond have existed, have happened and have been performed in due time, form and manner, as required by law, and that the issuance of this Bond does not exceed or violate any constitutional or statutory limitation or provision.

IN TESTIMONY WHEREOF, the Cedar Rapids Community School District, Iowa, by its Board of Directors, has caused this Bond to be executed by the President of the Board and attested by the Board Secretary, all as of the Bond Date.

CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT

By (DO NOT SIGN) President, Board of Directors

Attest:

(DO NOT SIGN) Board Secretary

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Registration Date: (Registration Date)

REGISTRAR’S CERTIFICATE OF AUTHENTICATION

This Bond is one of the Bonds described in the within-mentioned Series 2015 Bond Resolution.

REGIONS BANK

By (Authorized Signature) Authorized Officer

ABBREVIATIONS

The following abbreviations, when used in this Bond, shall be construed as though they were written out in full according to applicable laws or regulations:

TEN COM - as tenants in common UTMA TEN ENT - as tenants by the entireties As Custodian for TEN - as joint tenants with

right of survivorship and not as tenants in common

(Minor)

under Uniform Transfers to Minors Act

(State) Additional abbreviations may also be used though not in the list above.

ASSIGNMENT

For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Bond to

(please print or type name and address of Assignee)

PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE

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and does hereby irrevocably appoint ______________________________, Attorney, to transfer this Bonds on the books kept for registration thereof with full power of substitution.

Dated:

Signature guaranteed:

NOTICE: The signature to this Assignment must correspond with the name of the registered owner as it appears on this Bond in every particular, without alteration or enlargement or any change whatever.

Section 6. Deposit of Bond Proceeds; Refunding of Prior Bonds; Executions of Documents. The Series 2015 Bonds shall be executed as herein provided as soon after the adoption of this Resolution as may be possible and thereupon they shall be delivered to the Bond Registrar for registration, authentication and delivery to the Lender, upon receipt of the purchase price thereof, and all action heretofore taken in connection with the issuance of the Series 2015 Bonds is hereby ratified and confirmed in all respects. The proceeds received from the Series 2015 Bonds shall be applied to pay costs of issuance associated with the issuance of the Series 2015 Bonds and to make deposits into in an Escrow Agreement to effectuate the advance refunding of the Prior Bonds.

All of the outstanding principal amount of the Series 2011 Bonds maturing on and after July 1, 2017 are hereby called for redemption as of July 1, 2017 (the “Series 2011 Bonds Optional Redemption Date”) and the outstanding principal amount of the Series 2012 Bonds maturing on and after June 1, 2017 are hereby called for redemption as of June 1, 2017 (the “Series 2012 Bonds Optional Redemption Date” and, together with the Series 2011 Bonds Optional Redemption Date, the “Prior Bonds Optional Redemption Dates”) and Bankers Trust Company, as the Registrar and Paying Agent for the Prior Bonds, is instructed to take all actions necessary to redeem the Prior Bonds on the respective Prior Bonds Optional Redemption Date, including sending notice of such redemption to all registered owners thereof as shown by the School District’s registration records as required by the Prior Bonds, the Series 2011 Bond Resolution and the Series 2012 Bond Resolution.

The officers of the School District are hereby authorized and directed to do all acts and things and to execute and deliver any and all documents as may be necessary in connection with the issuance and delivery of the Series 2015 Bonds and to carry out the intent and purposes of

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this Resolution, including the execution and delivery of the Escrow Agreement and tax and closing certificates.

Section 7. Application of Revenues; Funds and Accounts. The Outstanding Bond Resolutions created the Cedar Rapids Community School District School Infrastructure Sales and Services Tax Revenue Fund (the “Revenue Fund”) held by the School District into which the School District is required to deposit 100% of the School Infrastructure Tax Revenues received by the School District until all of the Outstanding Bonds and any Parity Bonds (including the Series 2015 Bonds) have been paid and no longer outstanding. From and after the delivery of the Series 2015 Bonds and as long as any of the Series 2015 Bonds are outstanding and unpaid or until all principal of and interest thereon have been discharged and satisfied or provision therefor has been made, 100% of the School Infrastructure Tax Revenues received by the School District shall continue to be deposited in the Revenue Fund, which shall be used and disbursed in the following priority:

(1) Sinking Fund. The Outstanding Bond Resolutions created a Sinking Fund to be held by the School District into which there shall be set aside from the School Infrastructure Tax Revenues in the Revenue Fund such portion thereof as will be sufficient to pay the interest on and principal of the Outstanding Bonds and any future Parity Bonds (including the Series 2015 Bonds), as the same become due, and the School District shall continue to maintain the Sinking Fund so long as the Series 2015 Bonds and any Parity Bonds are outstanding. The Outstanding Bond Resolutions created within the Sinking Fund various subaccounts with respect to the Outstanding Bonds and authorized the creation of additional subaccounts with respect to Parity Bonds.

The money in the Revenue Fund shall first be disbursed on a parity basis to make deposits into the various subaccounts of the Sinking Fund, hereinbefore created pursuant to the Outstanding Bond Resolutions, created pursuant to this Resolution or created in the future for any Parity Bonds. The amount to be paid into the respective subaccounts of the Sinking Fund during each Fiscal Year shall be sufficient to pay the principal of and interest due during such Fiscal Year on the Outstanding Bonds, the Series 2015 Bonds and any Parity Bonds.

Pursuant to the Outstanding Bond Resolutions, the School District has created the following subaccounts within the Sinking Fund:

(a) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series

2010 Sinking Fund Subaccount (“Prior 2010 Bond Sinking Fund Subaccount”) for the Series 2010 Bonds held by the trustee for the Series 2010 Bonds; (b) Taxable School Infrastructure Sales, Services, and Use Tax Revenue Bonds, (Qualified School Construction Bond — Direct Pay), Series 2010 Sinking Fund Subaccount (“2010 QSCB Sinking Fund Subaccount”) for the Series 2010 QSCB Bonds held by the trustee for the Series 2010 QSCB Bonds;

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(c) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011 Sinking Fund Subaccount (“2011 Bond Sinking Fund Subaccount”) for the Series 2011 Bonds held by the trustee for the Series 2011 Bonds;

(d) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series

2012 Sinking Fund Subaccount (“2012 Bond Sinking Fund Subaccount”) for the Series 2012 Bonds held by the trustee for the Series 2012 Bonds; and

(e) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series

2014 Sinking Fund Subaccount (“2014 Bond Sinking Fund Subaccount” and, together with the Series 2010 Bond Sinking Fund Subaccount, the Series 2010 QSCB Sinking Fund Subaccount, the Series 2011 Bond Sinking Fund Subaccount and the Series 2012 Bond Sinking Fund Subaccount, the “Outstanding Bond Sinking Fund Subaccounts”) for the Series 2014 Bonds held by the School District. So long as the Outstanding Bonds remain outstanding, the Outstanding Bonds Sinking

Fund Subaccounts created pursuant to the Outstanding Bond Resolutions are recognized and confirmed, and shall be maintained for the payment of the principal of and interest on the respective Series of Outstanding Bonds as provided in the Outstanding Bond Resolutions.

As provided in the Outstanding Bonds Resolutions, there is hereby established a

subaccount entitled the School Infrastructure Sales, Services and Use Tax Revenue Bonds, 2015 Bond Sinking Fund Subaccount (the “2015 Bond Sinking Fund Subaccount”) within the Sinking Fund for the purpose of paying principal of and interest on the Series 2015 Bonds. The 2015 Bond Sinking Fund Subaccount shall be held by the School District. The required amount to be deposited in the 2015 Bond Sinking Fund Subaccount in any month shall be the equal monthly amount necessary to pay in full the installment of interest coming due on the next interest payment date on the Series 2015 Bonds, plus the equal monthly amount necessary to pay in full the installment of principal coming due on the next succeeding principal payment date until the full amount of such installment is on deposit. The money deposited in the 2015 Bond Sinking Fund Subaccount shall be used solely to pay the principal of, and interest on the Series 2015 Bonds, and is hereby pledged to the payment thereof. If for any reason the amount on deposit in the 2015 Bond Sinking Fund Subaccount exceeds the required amount, the excess shall forthwith be withdrawn and deposited into the Revenue Fund.

The subaccounts in the Sinking Fund shall be segregated from all other funds, accounts and subaccounts established by this Resolution, the Outstanding Bond Resolutions or any future resolutions authorizing the issuance of Parity Bonds. Upon the issuance of future Parity Bonds, the School District may provide for annual or more or less frequent payments of into subaccount(s) of the Sinking Fund for such Parity Bonds to pay the principal of an interest on such Parity Bonds.

(2) Reserve Fund. The Outstanding Bond Resolutions created a School Infrastructure Sales, Services and Use Tax Revenue Debt Service Reserve Fund (the “Reserve Fund”) to be

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held by the School District and various subaccounts thereof into which there shall be set aside from the School Infrastructure Tax Revenues in the Revenue Fund such portion thereof as will be sufficient to maintain a debt service reserve for the Outstanding Bonds, and any future Parity Bonds secured by the Reserve Fund.

After making the deposits into the various subaccounts of the Sinking Fund as hereinbefore provided, the money in the Revenue Fund shall next be disbursed on a parity basis to make deposits into the various subaccounts of the Reserve Fund hereinbefore created pursuant to the Outstanding Bond Resolutions, created pursuant to this Resolution and created in the future for any Parity Bonds. The amount to be paid into the respective subaccounts of the Reserve Fund shall be sufficient to maintain the minimum amount required for each respective subaccount of the Reserve Fund pursuant to the respective Outstanding Bond Resolution, this Resolution and any future resolutions authorizing the issuance of Parity Bonds secured by the Reserve Fund.

Pursuant to the Outstanding Bond Resolutions, the School District has created the following subaccounts within the Reserve Fund:

(a) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2010 Debt Service Reserve Fund Subaccount (“Prior 2010 Debt Service Reserve Fund Subaccount”) for the Series 2010 Bonds held by the trustee for the Series 2010 Bonds;

(b) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011 Debt Service Reserve Fund Subaccount (“2011 Debt Service Reserve Fund Subaccount”) for the Series 2011 Bonds held by the trustee for the Series 2011 Bonds; and

(c) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2012 Debt Service Reserve Fund Subaccount (“2012 Debt Service Reserve Fund Subaccount” and, together with the Series 2010 Bond Debt Service Reserve Fund Subaccount and the Series 2011 Debt Service Reserve Fund Subaccount, the “Outstanding Debt Service Reserve Fund Subaccounts”) for the Series 2012 Bonds held by the trustee for the Series 2012 Bonds.

So long as the Outstanding Bonds remain outstanding, the subaccounts created in the Reserve Fund pursuant to the Outstanding Bond Resolutions are recognized and confirmed, and shall be maintained for the payment of the principal of and interest on the respective Series of Outstanding Bonds as provided in the Outstanding Bond Resolutions.

As provided in the Outstanding Bonds Resolutions, there is hereby established a subaccount entitled School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2015 Debt Service Reserve Fund Subaccount (the “2015 Debt Service Reserve Fund Subaccount”) within the Reserve Fund for the purpose of maintaining a debt service reserve for the Series 2015 Bonds. The 2015 Debt Service Reserve Fund Subaccount shall be held by the Paying Agent pursuant to the Registrar and Paying Agent and Escrow Agreement. On the date of issuance of the Series 2015 Bonds, an amount equal to the 2015 Debt Service Reserve Fund Subaccount Amount shall be deposited into the 2015 Debt Service Reserve Fund Subaccount.

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The amounts on deposit in the 2015 Debt Service Reserve Fund Subaccount shall be used solely for the purpose of paying principal of and interest on the Series 2015 Bond for the payment of which insufficient money is available in the 2015 Bond Sinking Fund Subaccount. The 2015 Debt Service Reserve Fund Subaccount is pledged only to the Series 2015 Bonds and shall not secure the Outstanding Bonds or any Parity Bonds. Whenever it shall become necessary to withdraw money in the 2015 Debt Service Reserve Fund Subaccount for the payment of debt service on the Series 2015 Bonds or the amount on deposit in the 2015 Debt Service Reserve Fund Subaccount is less than the 2015 Debt Service Reserve Fund Subaccount Amount, the School District shall cause to be deposited in the 2015 Debt Service Reserve Fund Subaccount in each month an amount equal to 100% of the amount required by this Resolution to be deposited in such month into the 2015 Sinking Fund Subaccount; provided, however, that when the amount on deposit in the 2015 Debt Service Reserve Fund Subaccount shall be equal to at least the 2015 Debt Service Reserve Fund Subaccount Amount, no further deposits shall be made into the 2015 Debt Service Reserve Fund Subaccount except to maintain such level. If the amount on deposit in the 2015 Debt Service Reserve Fund Subaccount is greater than the 2015 Debt Service Reserve Fund Subaccount Amount, such excess amounts shall be withdrawn and paid into the Reserve Fund for allocation to other subaccounts in the Reserve Fund or if all Reserve Fund subaccounts are at their required levels, then paid to the Revenue Fund.

The School District may establish other subaccounts within the Reserve Fund upon the issuance of future Parity Bonds which are required to be secured by the Reserve Fund. The money deposited into the Revenue Fund shall be disbursed on a parity basis to make deposits into the various subaccounts of the Reserve Fund for all Parity Bonds secured thereby. The subaccounts in the Reserve Fund shall be segregated from all other funds, accounts and subaccounts established by the Outstanding Bond Resolutions and any future resolution for Parity Bonds secured by the Reserve Fund, and each subaccount shall be segregated and shall not be commingled or pledged to any other Parity Bonds, if issued.

(3) Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the School Infrastructure Tax Revenues, but subordinate to the Series 2015 Bonds, the Outstanding Bonds and any other Parity Bonds.

(4) Surplus Revenue. Any remaining money in the Revenue Fund may be used to pay or redeem any of the Series 2015 Bonds, the Outstanding Bonds and any other Parity Bonds or used for any lawful purpose, subject to the limitations herein. The School District reserves the right to create such additional funds, or subaccounts within funds established herein, as deemed necessary or appropriate, or as required by the issuance of additional obligations, provided the rights of the holders and security for the Series 2015 Bonds, the Outstanding Bonds and any other Parity Bonds are not impaired thereby.

Money in the Revenue Fund shall be allocated, deposited and paid into the various funds and accounts hereinbefore referred to at the times and in the order in which said funds are listed, on a cumulative basis. If in any month the money in the Revenue Fund, the Sinking Fund or its

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Subaccounts, or the Reserve Fund or its Subaccounts shall be insufficient to deposit in or transfer to or from the required amount in any of said funds or accounts, such deposits or transfers shall be made on a pro rata basis (in accordance with the outstanding principal amounts of the Outstanding Bonds, the Series 2015 Bonds and the Parity Bonds) and the deficiencies shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. The School District may establish various subaccounts within each fund established by the Outstanding Bond Resolutions or this Resolution.

Failure to make such allocation, deposit and payment without cure within thirty days shall constitute an event of default under this Resolution.

Section 8. Investments. Moneys on hand in any of the funds or accounts established by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation (the “FDIC”), or its equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Iowa Code chapter 12C, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All investments shall mature before the date on which the moneys are required for the purposes for which the fund or account was created or otherwise as herein provided but in no event maturing in more than three years in the case of the 2015 Debt Service Reserve Fund Subaccount. The provisions of this Section shall not be construed to require the School District to maintain separate accounts for the funds created by this Section.

The Sinking Fund and the Reserve Fund, shall be segregated in a separate account but may be invested in the same manner as other funds of the School District but designated as a trust fund on the books and records of the School District. The Sinking Fund and Reserve Fund, shall not be available for any other purposes other than those specified in this Resolution and the Outstanding Bond Resolutions.

All income derived from such investments in the Revenue Fund shall be regarded as School Infrastructure Tax Revenues.

Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund or account was created.

The School District hereby covenants and agrees that no such investment shall ever be made so as to cause the interest on the Series 2015 Bonds to become taxable as “arbitrage bonds” pursuant to the provisions of Section 148 the Internal Revenue Code of 1986, as amended.

Section 9. Covenants of the School District. The School District hereby covenants and agrees with the owner or owners of the Series 2015 Bonds, or any of them, as follows:

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(a) The School District will administer, enforce and collect, or cause to be administered, enforced and collected, the School Infrastructure Tax Revenues and the School Infrastructure Tax and shall take all reasonable actions that may be permitted by law to collect delinquent payments or to cause delinquent payments to be collected in accordance with law.

(b) The School District will keep or cause to be kept books and records showing the proceeds of the School Infrastructure Tax Revenues, in which complete entries shall be made in accordance with standard principles of accounting, and any owner of any of the Bonds shall have the right at all reasonable times to inspect such books and records.

(c) The School District shall, to the extent permitted by law, defend the validity and legality of this Resolution, the School Infrastructure Tax and the School Infrastructure Tax Revenues against all claims, suits and proceedings which would diminish or impair the School Infrastructure Tax Revenues as security for the Bonds.

(d) The School District, acting by and through its officers, or otherwise, shall faithfully and punctually perform, or caused to be performed, all duties with respect to the School Infrastructure Tax required by the Constitution and laws of the State of Iowa and the various ordinances, resolutions and contracts of the School District, including, without limitation, the proper segregation of the proceeds of the Bonds and the School Infrastructure Tax Revenues and their application from time to time to the respective funds provided therefore.

(e) At any and all times the School District shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge, deliver and file or record all and every such further instruments, acts, deeds, conveyances, assignments, transfers, other documents and assurance as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular, the School Infrastructure Tax Revenues and other funds and accounts hereby pledged or assigned, or intended so to be, or which the School District may hereafter become bound to pledge or to assign, or as may be reasonable and required to carry out the purposes of this Resolution. The School District, acting by and through its officers, or otherwise, shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of the School Infrastructure Tax Revenues and other funds and accounts pledged hereunder and all the rights and every owner of any of the Bonds against all claims and demands of all persons whomsoever.

(f) The School District, its officers, agents and employees, shall not take any action in such manner or to such extent as might prejudice the security for the payment of the Bonds according to the terms thereof. No contract shall be entered into nor any other action taken by which the rights of any registered owner of any Bond or other security payable from the School Infrastructure Tax Revenues might be prejudicially and materially impaired or diminished.

(g) Each School District officer or employee having custody of any School Infrastructure Tax Revenues, or responsible for their handling, shall be bonded at all times, which bond shall be conditioned upon the proper application of said moneys.

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(h) The Governing Body of the School District shall approve and conduct operations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last preceding Fiscal Years. Copies of such budget and any amendments thereto shall be mailed to the Lender and to the Bondholders upon request.

(i) The Governing Body of the School District shall not take any action with respect to the School District’s current Revenue Purpose Statement which would impair the ability or authority of the School District to apply School Infrastructure Tax Revenues to the payments of principal and interest on the Bonds and Parity Bonds.

Notwithstanding anything in this Section to the contrary, none of the foregoing covenants of the School District with respect to the School Infrastructure Tax Revenues shall obligate the School District to undertake or perform any duty, task or obligation to be performed by the State of Iowa or a county or its Board of Supervisors under the terms of the Act or other provision of the Code of Iowa, as from time to time amended.

Section 10. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds and Parity Bonds shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Bonds and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the School District hereunder.

The failure by the School District to observe or perform any covenant, condition or agreement on its part contained in this Resolution or the Bonds shall constitute an event of default (an “Event of Default”) hereunder. If such Event of Default is not cured within ten days, with respect to an Event of Default relating to a failure to pay principal or interest when due, or within thirty days after receipt by the School District of a notice from the Lender of such Event of Default, with respect to any other Event of Default, the Tax Exempt Rate shall increase to the 4.00% and the Taxable Rate shall increase to ___%, as applicable, until the Event of Default is cured.

Upon an occurrence of a Determination of Taxability, the School District shall, with respect to future interest payments, begin making payments relating to the Bonds calculated at the Taxable Rate. As set forth in the Bonds, the School District shall make immediately a payment to the Lender equal to the difference between the (i) the amounts actually paid at the Tax Exempt Rate during the period between the Date of Taxability and the date of receipt of notice of the Determination of Taxability and (ii) the amounts that would have been payable at the Taxable Rate due during such period, together with the amount of interest and penalties, if any, incurred by the Lender as a result of such change in tax exempt status.

Section 11. Prior Lien and Parity Bonds; Subordinate Obligations. The School District will issue no notes, bonds or other obligations of any kind or nature payable from or

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enjoying a lien or claim on the School Infrastructure Tax Revenues having priority over the Series 2015 Bonds, the Outstanding Bonds or any other Parity Bonds.

Additional Bonds may be issued on a parity and equality of rank with the Series 2015 Bonds, the Outstanding Bonds and any Parity Bonds with respect to the lien and claim of such Additional Bonds to the School Infrastructure Tax Revenues and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise:

(a) For the purpose of refunding any of the Series 2015 Bonds, the Outstanding Bonds or Parity Bonds outstanding so long as the refunding is an Economic Refunding, without complying with subsection (b) below; or

(b) For the purpose of refunding any Series 2015 Bonds, the Outstanding Bonds or Parity Bonds outstanding, or for other lawful purposes, provided that before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the Secretary, a statement of an Independent Auditor reciting the opinion based upon necessary investigations that the School Infrastructure Tax Revenues for the preceding Fiscal Year (with adjustments as hereinafter provided) were equal to at least 1.20 times the maximum amount that will be required in any Fiscal Year for the payment of both principal of and interest on all Series 2015 Bonds, Outstanding Bonds and Parity Bonds then outstanding which are payable from the School Infrastructure Tax Revenues and the Additional Bonds then proposed to be issued.

For the purpose of determining the School Infrastructure Tax Revenues for the preceding Fiscal Year as aforesaid, the amount of the revenues for such year may be adjusted so as to reflect any changes in the amount of such revenues which would have resulted had the School Infrastructure Tax or any revision of the rate of the School Infrastructure Tax been in effect during all of such preceding Fiscal Year. For this purpose, current projections of School Infrastructure Tax Revenues of the State of Iowa may be treated as if such projections had been in effect for the preceding Fiscal Year.

For the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year.

Nothing in this Section shall prohibit or restrict the right of the School District to issue additional revenue bonds or other revenue obligations without meeting the requirements in paragraphs (a) or (b) above and to provide that the principal of and interest on said revenue bonds or obligations shall be payable out of the School Infrastructure Tax Revenues, provided that such additional revenue bonds or obligations shall be junior and subordinate to the Series 2015 Bonds.

Section 12. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the School District and the owners of the Bonds as may from time to time be outstanding, and after the issuance of the Series 2015 Bonds, no change, variation or alteration of any kind of the provisions of this Resolution shall be made except as provided in Section 13 and

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Section 14, until such time as all of the Bonds and the interest due there shall have been satisfied and discharged as provided in this Resolution.

Section 13. Amendment of Resolution without Consent. For any one or more of the following purposes, without the consent of or notice to the owners of the Bonds or any Parity Bonds, and at any time or from time to time this Resolution may be amended, modified or supplemented by the School District:

(a) to cure any ambiguity or formal defect or omission in this Resolution;

(b) to grant to or confer for the benefit of the owners of the Bonds any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the owners of the Bonds;

(c) to assign and pledge under this Resolution additional revenues, properties or collateral as permitted by law;

(d) to modify, amend or supplement this Resolution in such manner as to permit continued compliance with the provisions of the Internal Revenue Code in order to maintain the tax exempt status of the Bonds;

(e) to provide for the issuance or incurrence of Parity Bonds; and

(f) to make any other change that does not materially adversely affect the rights of any of the owners of the Bonds.

Section 14. Amendment of Resolution Requiring Consent. In addition to amendments to this Resolution authorized by Section 13 hereof, this Resolution may be amended from time to time if such amendment shall have been consented to by the holders of not less than two-thirds in principal amount of the Bonds at any time outstanding, but this Resolution may not be so amended without the consent of the holders of 100% in principal amount of the Bonds at the time outstanding in such manner as to:

(a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or any of them or impose any conditions with respect to such payments;

(b) Materially affect the rights of the holders of less than all of the Bonds then outstanding; and

(c) Reduce the percentage of the principal amount of the Bonds.

Whenever the School District shall propose to amend or modify this Resolution under the provisions of this section, it shall cause notice of the proposed amendment to be mailed to each of the owners of the Bonds at the addresses appearing on the registration books of the School

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District held by the Bond Registrar and also to the Lender. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory resolution is on file in the office of the Board Secretary.

If the owners of not less than two-thirds in aggregate principal amount of the Series 2015 Bonds outstanding at the time of the adoption of such amendatory resolution shall have consented to and approved the adoption thereof as herein provided, no owner of any Series 2015 Bonds shall have any right or interest to object to the adoption of such amendatory resolution or to object to any of the terms or provisions therein contained or to the operation thereof or to enjoin or restrain the School District from taking any action pursuant to the provisions thereof.

Any consent given by the owners of a Series 2015 Bond pursuant to the provisions of this section shall be irrevocable for a period of six (6) months from the date of such consent and shall be conclusive and binding upon all future owners of the same Series 2015 Bond during such period. Such consent may be revoked at any time after six (6) months from the date of such consent by the owner who gave such consent or by a successor in title, but such revocation shall not be effective if the owners of not less than two-thirds in aggregate principal amount of the Series 2015 Bonds outstanding as in this section defined, shall have, prior to the attempted revocation, consented to and approved the amendatory resolution referred to in such revocation.

The fact and date of the execution of any instrument under the provisions of this section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction, that the persons signing such instrument acknowledged before such officer the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer.

Section 15. Tax Exemption. It is the intention of the School District that interest on the Series 2015 Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the “Internal Revenue Code”). In furtherance thereof the School District covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with applicable future laws, regulations, published rulings and court decisions as may be necessary to insure that the interest on the Series 2015 Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the School District are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained.

Section 16. No Continuing Disclosure. The Securities and Exchange Commission (the “SEC”) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the “Rule”) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for the bonds, it has reasonably determined that the issuer or an obligated person has undertaken in writing for the benefit of the bondholders to provide certain disclosure information to prescribed information

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repositories on a continuing basis or unless and to the extent the offering is exempt from the requirements of the Rule because the issue is issuable in minimum denominations of $100,000 (subject to certain qualifications regarding deep discount securities) and (i) are sold in a limited private placement; or (ii) have a maturity of nine months or less; or (iii) are subject to tender at par at the option of the holder at least every nine months.

The Series 2015 Bonds are being issued in minimum denominations of $100,000 and are being sold in a limited private placement. Consequently, this School District hereby finds that the Rule is inapplicable to the Series 2015 Bonds.

Section 17. Disposition of Bond Proceeds; Arbitrage Not Permitted. The School

District certifies and covenants with the holders of the Series 2015 Bonds from time to time outstanding that the School District, through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the tax certificate, which tax certificate shall constitute a part of the contract between the School District and the owners of the Series 2015 Bonds; (c) consult with bond counsel as necessary to comply with the provisions of this Resolution; (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Series 2015 Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the School District in such compliance.

Section 18. Discharge and Satisfaction. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds, or any of them, in any one or more of the following ways:

(a) By paying the Bonds when the same shall become due and payable; or

(b) By depositing in trust with the Board Secretary or Treasurer or a corporate trustee designated by the School District for the payment of the Bonds and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which the Bonds may be redeemed, all of the Bonds outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any, that may be payable on the redemption of all the Bonds to be redeemed and notice of redemption of the Bonds shall have been previously given as provided herein.

Upon such payment or deposit of money or securities provided by this section, all liability of the School District with respect to the redeemed, prepaid or defeased Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. The sufficiency of the money or securities so deposited shall be verified by an independent financial consultant or independent certified

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public accountant, unless the full redemption price is so deposited (or gross funded) pursuant to this section.

Notwithstanding anything in this Section 18 to the contrary, if the amount held in such deposit shall at any time be insufficient for any reason to pay the principal and interest on the Series 2015 Bonds when due as provided in this Section 18, the School District shall immediately deposit the amount of any such shortfall as provided herein on or prior to the applicable due date.

Section 19. Execution of Documents. The President and the Board Secretary are hereby authorized to execute and deliver any and all agreements, documents and instruments required related to the issuance of the Series 2015 Bonds and to carry out the purposes set forth in this resolution, including but not limited to any tax certificates, closing certificates and purchase agreements.

Section 20. Severability. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.

Section 21. Conflicting Resolutions. All resolutions and orders or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed.

Section 22. Effective Date. This Resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law.

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Passed and approved on May 11, 2015.

President, Board of Directors

Attest:

Board Secretary

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STATE OF IOWA COUNTY OF LINN SS: CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT

I, the undersigned Board Secretary of the Cedar Rapids Community School District, do hereby certify that the above and foregoing is a true and correct copy of the minutes of a meeting of the Board of the School District, held as therein shown, including a true and correct copy of the resolution providing for the sale and issuance of $56,924,000 School Infrastructure Sales, Services and Use Tax Revenue Refunding Bonds, Series 2015.

I further certify that no appeal has been taken to the District Court from the decision of the Board of Directors to issue the Series 2015 Bonds.

WITNESS MY HAND this ____ day of May, 2015.

Board Secretary

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STATE OF IOWA COUNTY OF LINN SS: CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT

I, the undersigned Board Secretary of the Cedar Rapids Community School District, do hereby certify that there is not pending or threatened any question or litigation whatsoever touching the legality or enforceability of the School Infrastructure Tax and that there are no Bonds or other obligations of any kind now outstanding which are payable from or constitute a lien upon the School Infrastructure Tax Revenues to be received by the School District, except for the School District’s (1) present issue of School Infrastructure Sales, Services and Use Tax Revenue Refunding Bonds, Series 2015, (2) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2010, (3) Taxable School Infrastructure Sales, Services and Use Tax Revenue Bonds (Qualified School Construction Bonds – Direct Pay), Series 2010, (4) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2011, (5) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2012 and (6) School Infrastructure Sales, Services and Use Tax Revenue Bonds, Series 2014.

WITNESS MY HAND this _____ day of May, 2015.

Board Secretary

BA-15-491.1-32

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4817-3773-9811\2\497698\00002

INDEX OF BOND TRANSCRIPT


$__________ School Infrastructure Sales, Services and Use Tax Revenue Refunding Bonds, Series 2015

Closing Date: _____________, 2015

PARTIES:

Issuer: Cedar Rapids Community School District

Placement Agent: Piper Jaffray & Co. Des Moines, Iowa Purchaser: Regions Capital Advantage, Inc.

Birmingham, Alabama Purchaser’s Counsel: McGuire Woods LLP Houston, Texas Registrar/Paying Agent: Regions Bank Clayton, Missouri Escrow Agent: Bankers Trust Company

Des Moines, Iowa

Bond Counsel: Dorsey & Whitney LLP Des Moines, Iowa

BASIC DOCUMENTS:

1. School District resolution and minutes providing for the issuance of the Series 2015 Bonds.

2. Election and Revenue Purpose Statement Documents.

3. Specimen Bond; Certificate of Authentication.

4. Escrow Agreement with Verification Report related to Refunded Bonds.

5. Tax Exemption Certificate of the School District.

6. Certificate of the Purchaser.

7. Certificate of the Placement Agent.

BA-15-491.1-32

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4817-3773-9811\2\497698\00002

8. Registrar and Paying Agent and Escrow Agreement Related to the Series 2015 Bonds.

9. IRS 8038-G filing form.

10. Bond Counsel Opinion.

11. Parity Statement.

Copies of Transcripts:

School District Bond Counsel Purchaser Purchaser’s Counsel Placement Agent Regisrar and Paying Agent Escrow Agent

BA-15-491.1-32

4/9/2015

Bank ResponseAZ Business Bank will consider portion but has an 8 yr max avg life BAML would pursue a 10 yr max final deal Bankers Trust $25mm - A - 2.45% / B - $3.45% Capital One 3.28% - combined A & B scenario, shave 10 bps for non-callable CRBT could help with $5-10mm, has a higher yield bogey, doesn't want to give up too much on early redemption Key Government Finance strugglign with credit temporarily, could take a run at a shorter series but would need some time MidWestOne call back if small balance needed, not much appetite currenlty Ohnward Bancshares call back if small balance needed Pinnacle Public Finance call back if balance needed, would like to keep under $15mm, needs some amortizaiton on front end Regions Bank A - 2.34% Western Alliance Bank indication 3.60% - series B - $20mm

U.S. Bank Pass – 5 yr max finalBank of the West pass - 10 yr max final BBVA Compass pass - need guidance on appetite for IA muni deals Great Western Bank pass - can't hit target rates Hills Bank & Trust pass - no feedback JPMC pass - term doesn't work, they're only comfortable with 5 yrs NBH pass - back weighted amort Wells Fargo pass – 5 yr max finalZions Bank pass - they like $10mm max

List of Bank responding to the CRCSD refinancing issue

BA-15-491.1-32


BOARD GOVERNANCE BA-15-011/08 Policy Manual – Review and Revision– Procedure 202.4a “Conflict of Interest – Board

Appointed Committees”, Regulation 202.12 “Board-Superintendent Relationship”, Regulation 204.3 “Lifetime Pass”, Policy 208 “Shared-Decision Making”, Regulation 606.1 “Wellness Regulation”, Proposed Procedure 610.1a “Snacks – Nutritional Guidelines”, and Proposed Procedure 610.1b “Wellness Fundraising Guidelines” (Dave Benson/Laurel Day)

Exhibit: BA-15-011/08.1-11

Information Item Pertinent Fact(s): 1. The Board of Education reviews policies, regulations and procedures at least once every five

years.

2. Board approval is required for all policies. Administrative regulations and procedures do not require Board approval.

3. The agenda item includes a policy, regulations and procedures that have been reviewed by the

Policy Review Committee and the Superintendent’s Cabinet. In addition, there are two proposed procedures new to the Policy Manual. Most proposed revisions are based on changes to state and federal law, current District practice, and to keep the District’s Policy Manual up-to-date as required by Iowa Code. The Policy Review Committee utilizes legal and policy services provided by the Iowa Association of School Boards, National Association of School Boards, Iowa School Finance Information Services, including policy primer and on-line sample policy documents. Guidance from District Legal Counsel is sought, as needed.

Procedure 202.4a “Conflict of Interest – Board Appointed Committees” Regulation 202.12 “Board-Superintendent Relationship” Regulation 204.3 “Lifetime Pass” Policy 208 “Shared-Decision Making” Regulation 606.1 “Wellness Regulation” Proposed Procedure 610.1a “Snacks – Nutritional Guidelines” Proposed Procedure 610.1b “Wellness Fundraising Guidelines”

Procedure 202.4a

Conflict of Interest – Board-Appointed Committees

Members of Board-appointed committees must be able to make recommendations objectively. It is the responsibility

of each committee member to be aware of an actual or potential conflict of interest. It is also the responsibility of each

committee member to take the action necessary to eliminate such a conflict of interest. Should a conflict of interest

arise, a committee member should not participate in any action relating to the issue from which the conflict arose. A

Board-appointed committee member shall disclose and abstain from discussing or voting on any item that may be a

potential conflict of interest.

Each Board-appointed committee member shall sign a “Conflict of Interest Disclosure” form at the first committee

meeting of the fiscal year. The disclosure form will be maintained by the appropriate District Office.

Conflicts of Interest would include but not necessarily be limited to the following:

Receiving direct or indirect compensation from the District, unless exempted in this regulation, for anything

other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of

official duties.

Acting as an agent for a school textbook or school supply company, or for a company which provides any

other goods or services which does business with the District during the committee member's term of office.

Conducting District business with the spouse of a committee member during the term of the committee

member.

Engaging directly or indirectly (through a committee member personally or committee member’s immediate

family members) in any outside employment or activity which is in conflict with the committee member's

official duties and responsibilities. (See definition of immediate family below.)

Committee member’s personal or spouse/child’s ownership of or employment by an organization doing

business with the CRCSD. (Employment may not cause vacation of position yet requires disclosure on the

conflict of interest disclosure form.)

Generally, the following would NOT be considered a conflict of interest:

Participation in a contract that is a bond, note or other obligation of a school corporation if the contract is not

acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or

may not be the original underwriter, purchaser, or obligee of the contract.

Participation in a contract in which a committee member has an interest solely by reason of employment if the

contract was made by competitive bid, in writing, publicly invited and opened, or if the affected committee

member’s remuneration for employment will not be directly affected as a result of the contract and duties of

employment do not involve any of the preparation or procurement of any part of the contract and the affected

committee member abstains from voting on the contract.

Receiving compensation from the District for contracts to purchase goods or services if the benefit to the

committee member does not exceed $2,500 in a fiscal year. A committee member shall disclose and abstain

from voting on any item that may be a potential conflict of interest.

BA-15-011/08.1

Proposed Procedure 202.4a

Page 2

(For purposes of this regulation, immediate family members include: one’s parents, step-parents, siblings, spouse,

children, step-children, foster children, in-laws, sibling in-laws, grandparents, great grandparents, step-great

grandparents, grandchildren, aunts, uncles, nieces, and nephews.)

In determining whether outside employment or activity of a committee member or a committee member’s immediate

family creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist include,

but are not limited to, any of the following:

(1) The outside employment or activity involves the use of the school District's time, facilities, equipment

and supplies or the use of the school District badge, uniform, business card or other evidence of office to

give the committee member or member of the committee member's immediate family an advantage or

pecuniary benefit that is not available to other members of the general public.

(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other

consideration by the committee member or a member of the Committee member's immediate family from

anyone other than the state or the school District for the performance of any act that the Committee

member would be required or expected to perform as part of the Committee member's regular duties or

during the hours in which the Committee member performs service or work for the school District.

(3) The outside employment or activity is subject to the official control, inspection, review, audit, or

enforcement authority of the Committee member, during the performance of the Committee member's

duties of office or employment.

If the outside employment or activity is employment or activity in (1) or (2) above, the Committee member must cease

the employment of or activity. If the activity or employment falls under (3), then the Committee member must:

Cease the outside employment or activity; or,

Publicly disclose the existence of the conflict and refrain from taking any official action or performing

any official duty that would detrimentally affect or create a benefit for the outside employment or

activity. Official action or official duty includes, but is not limited to, participating in any vote, taking

action to influence any vote, or providing any other official service or thing that is not available generally

to members of the public in order to further the interests of the outside employment or activity.)

Code of Iowa: §§ 39.1, .2, 68B, 71.1, 277.27, 279.7A 301.28 (200913)

1990 Op. Att'y Gen. 37




1982 Op. Att'y Gen. 302

1978 Op. Att'y Gen. 295


1974 Op. Att'y Gen. 137

1936 Op. Att'y Gen. 237

Approved: 09-13-10

BA-15-011/08.2

Regulation 202.12

Board-Superintendent Relationship

The citizens of the District elect a Board of Education, which is empowered by law with broad responsibility to

maintain a thorough and efficient system of public education. Chief among the Board's responsibilities is to employ a

Superintendent of Schools to function as executive officer and professional adviser to the Board. The interrelationship

of the Superintendent of Schools and the Board of Education is critical to strong and effective leadership of the

District.

As chief officer and professional adviser, the Superintendent of Schools is directly responsible to the Board of

Education to execute its policies and decisions consistent with legal requirements and ethical standards of the

profession.

To further facilitate the role relationship between the Superintendent and the Board, the following additional

responsibilities are established in the spirit of team management:

BOARD SUPERINTENDENT

1) to select a competent educational 1) to provide educational leadership and

leader as superintendent effectively administer the school system

2) to exercise its role as a policy 2) to make recommendations for policy,

making body and judge the formulate and enforce policy, and

effective implementation of these procedures to implement policy, and

policies provide evaluation data on policy and

program effectiveness

3) to delegate the administration of the 3) to make Board policy effective through

schools to the Superintendent and to provide efficient administration

to the Superintendent periodic written

evaluation of his/her performance through

an established evaluative process

4) to maintain a solemn commitment to 4) to keep the Board currently informed in all

be open minded, to read, to study, to areas pertaining to the operation of the

participate in in-service professional schools, and to participate in appropriate

learning activities, and to seek every in-service professional learning and leadership

opportunity to keep informed on all development activities

school matters

5) to maintain an table of organizational chart, 5) to be knowledgeable in organizational

recommended by the Superintendent, development, recommend appropriate

that provides personnel necessary personnel, and evaluate administrative

to carry out the expectations of performance consistent with the effective

the Board and to comply with legal implementation of Board policy and

mandates expectations, and with legal mandates

6) to adopt a budget necessary to 6) to recommend a budget that will expedite

support the educational goals the completion of the educational goals of the

of the District Board in the most efficient manner possible

BA-15-011/08.3

Regulation 202.12

Page 2

7) to function as a total Board 7) to deal with the Board as a whole rather

rather than as individuals than with individual members, exercising

a communications sounding Board through

the duly elected Board President

8) to formally communicate with 8) to provide for staff communication to the

members of the District staff Board through the Superintendent

through the Superintendent

9) to represent the total community 9) to maintain communications with the

and to function in a manner that community and to administer schools

underscores the fact that schools for the benefit of all students and

exist for the benefit of all the total District.

students.

Responsibilities of the Superintendent shall be enumerated more specifically in a job description, which, however,

shall not act to limit the broad authority and responsibilities of the office.

Approved: 06-27-83

Revised: 02-27-89

06-08-92

Reviewed: 09-25-95

Revised: 10-12-98

04-14-03

02-09-09

BA-15-011/08.4

Regulation 204.3

Lifetime Complimentary Passes

In order To demonstrate gratitude for all the time and service of members of the Board, all members will receive a

Lifetime Complimentary Pass for a guest and themselves to attend school activities. These Board member passes are

also to encourage attendance at all Cedar Rapids Community School activities.

Approved: 05-27-80

Reviewed: 03-13-89

Revised: 07-13-92

Reviewed: 09-25-95

10-12-98

Revised: 04-28-03

02-23-09

BA-15-011/08.5

Policy 208

SHARED COLLABORATIVE DECISION-MAKING PROCESS: POSITION STATEMENT

The Cedar Rapids School District believes that our students are best served when decisions that affect them are made

collaboratively by the individuals who are responsible for all aspects of their education.

The School Board empowers the District and its school communities to utilize a shared collaborative decision-making

process where decisions are made at the most appropriate level closest to the issue being addressed. Along with the

increased authority for making decisions comes increased responsibility. The collaborative decision-making process:

Includes individuals affected by the decision are part of the process.

The process to be Is efficient and sensitive to time demands.

The process to Acts on substantive issues in thoughtful ways and be supported by data and research

findings.

The process Includes strategies to mediate and resolve conflicts.

The intent of the process is Includes the establishment of a culture that results in high levels of risk-

taking, creativity, trust, ownership and commitment in alignment with community expectations and

District, state and federal restrictions.

Approved: 01-22-96

Reviewed: 10-12-98

04-28-03

02-23-09

BA-15-011/08.6

Regulation 610.1

Wellness Regulation

In order to implement the Wellness Policy, the District will:

Goal 1: Engage in nutrition promotion: provide nutrition education and a healthy eating environment.

A. Provide age-appropriate nutrition education that:

is offered as part of a comprehensive standards-based program designed to provide students with the

knowledge and skills necessary to promote and protect their health; promotes fruits, vegetables, whole

grain products, low-fat and fat-free dairy products, healthy food preparation methods and health-

enhancing nutrition practices; emphasizes caloric balance between food intake and physical activity;

links with meal programs and other foods and nutrition-related community services.

B. Provide a healthy eating environment that:

allows students to have at least 10 minutes to eat after sitting down for breakfast and 15 minutes after

sitting down for lunch; encourages not scheduling tutoring, club or organizational meetings or activities

during mealtimes unless students may eat during such activities; encourages scheduling lunch periods

to follow recess periods (in elementary schools); provides students access to hand washing or hand

sanitizing before they eat meals or snacks; recommends that children not be forced to eat or drink

against their wishes; and discourages students from sharing their foods or beverages with one another

during meal or snack times, given-concerns about sanitation, health related issues, and food allergies.

Goal 2: Provide physical activity that promotes wellness.

A. Provide physical activity that:

is based upon state/federal guidelines; includes at least 30 minutes daily at the elementary level; is

preferably through outdoor recess that encourages physical activity; discourages extended periods of

inactivity; and encourages classroom teachers to provide short physical activity breaks between lessons

or classes as appropriate; includes at least 120 minutes of physical activity during a 5-day week at the

secondary level.

B. Provide Require physical education that:

is designed for all students in grades K -12 for the entire school year; utilizes a wellness approach to the

physical education curriculum; is consistent with National Physical Education Standards; focuses on

health-related fitness; reinforces knowledge and self-management skills needed to maintain a

physically active lifestyle and to reduce time spent on sedentary activities; requires that students are

active during the majority of the time in physical education class; employs technology to monitor

physical activity; encourages and includes appropriate use of waivers and exemptions to physical

education at the secondary high school level.

C. Discourage use of physical activity as punishment/reward Ensure physical activity is not used for or

withheld as a punishment. Physical activity is valued for its benefits to health and academic achievement. Employees will not use

physical activity as a punishment (e.g., running laps, pushups) or repeatedly withhold opportunities for

physical activity (e.g., recess, physical education) as a punishment. Physical activity should not have to

be earned and oOpportunities for physical activity for all students should be encouraged promoted.

D. Physical activity opportunities before and after school

When appropriate, Bbefore and after school programs, should provide and encourage periods of

moderate to vigorous physical activity for all participants (e.g., child care programs, intramurals, clubs,

etc.)

BA-15-011/08.7

Regulation 610.1

Page 2

Goal 3: Promote wellness through other school based activities.

A. Health and wellness curriculum for students in grades K-12

Provide a health and wellness curriculum for students in grades K-12 and encourage students to take a

health and wellness course in grades 6, 7, and 8 and one trimester semester health and wellness course

in high school.

B. Staff health and wellness

Promote staff behaviors that encourage healthy eating, physical activity and other elements of a healthy

lifestyle.

C. Communication with Parents

Post nutrition tips on school web sites and provide nutrient analyses of school menus. Encourage

parents to pack healthy lunches and snacks and to refrain from including beverages and foods that do

not meet the District’s Recommended Nutritional Guidelines. Provide parents a list of foods that meet

the school district’s snack standards and ideas for healthy celebrations/parties and fundraising

activities. Provide information about physical education and other school-based physical activity

opportunities before, during and after the school day. Support parents’ efforts to provide their children

with opportunities to be physically active outside of school.

D. Food Marketing in Schools

Limit food and beverage marketing to the promotion of foods and beverages that meet the District’s

Recommended Nutritional Guidelines. Promote healthy foods including fruits, vegetables, whole

grains, and low-fat dairy products. Work with all suppliers of snacks and beverages not directly

associated with the district’s Food and Nutrition Program to restrict school-based marketing of brands

promoting predominantly low-nutrition foods and beverages.

Promote healthy foods, including fruits, vegetables, whole grains, and low-fat dairy products.

E. Fundraising Activities

Encourage fundraising activities that use foods that meet District’s Recommended Nutritional

Guidelines and promote physical activity. Fundraising activities that use foods/beverages must use

those that meet the District’s Nutritional Guidelines. Those activities that promote physical activity

are encouraged.

F. Foods and Beverages as Reward/Punishment

Discourage the use of fFoods or beverages should not be used as rewards for academic performance,

compliance, or good behavior. District employees will not withhold food or beverage (including food

served through meals) as a punishment.

G. Snacks and Celebrations

Encourage schools to use foods and beverages that meet the District Recommended Nutritional

Guidelines for snacks and celebrations. All foods and beverages offered and made available in schools

during the school day must meet the District Nutritional Guidelines. Celebrations or other events

involving food should not occur more than once per month.

H. Other School-Sponsored Events

Encourage Groups in the school community who offer foods and beverages for sale at school sponsored

events to should offer use only foods and beverages that meet District Recommended Nutritional

Guidelines. USDA rules apply during the school day, defined as the period from the midnight before

to 30 minutes after the end of the official school day.

BA-15-011/08.8

Regulation 610.1

Page 3

Implement District Nutritional Standards

Nutrition integrity is defined as a level of performance that assures foods available through the school meal programs

for children are consistent with recommended dietary allowances, National School Lunch and Breakfast meal pattern

requirements, and dietary guidelines and, when consumed, contribute to the development of lifelong, healthy eating

habits. Student preferences will be considered in menu planning in order to encourage students to consume a variety of

foods for maximum nutritional benefits. Meals will contain adequate calories and variety of foods to support growth,

development and healthy weight. Portion sizes shall be based on age and USDA meal pattern requirements.

Meals served through the National School Lunch and Breakfast Programs will:

Be appealing and attractive to children;

Be served in clean and pleasant settings;

Meet, at a minimum, nutrition requirements established by state and federal law;

Offer a variety of fruits and vegetables;

Serve only low-fat (1%) and fat-free milk

Ensure that half of the served grains are whole grain

Pricing strategy – designed to encourage students to purchase nutritious foods.

Guidelines for All Foods and Beverages Offered on Campus and for School Activities:

Foods and beverages sold individually outside the reimbursable meal program (including those sold through a la carte

lines, vending machines, student stores or fundraising activities) during the school day will meet nutrition standards as

required by state or federal law.

The sale of competitive foods, including foods of minimal nutritional value, may not occur one-half hour prior to,

during, or one-half hour after the meal shifts of food service programs unless permission has been granted by the

Manager of Food and Nutrition Department. (Board Regulation 902.2)

Food Safety

All foods made available on campus adhere to food safety and security guidelines.

All foods made available on campus comply with the state and local food safety and sanitation

regulations. Hazard Analysis Critical Control Points (HACCP) plans and guidelines are

implemented to prevent food illness in schools.

For the safety and security of the food and facility, access to the food service operations are limited

to child nutrition staff.

Measure Implementation of Wellness Policy

The Wellness Policy Committee will measure implementation of this policy. Members of the committee include:

Associate Deputy Superintendent – Office of Learning and Leadership

Executive Director of Business Services

Executive Director of Human Resources

Director of Student Services

Manager of Food and Nutrition

Physical Education and Health Education Curriculum Facilitator

Health Services Facilitator

Risk Specialist HR Specialist

Selected Community and District Representation

BA-15-011/08.9

Regulation 610.1

Page 4

Policy Review: To assist with the review of the school district’s wellness policy, each school will conduct

assessments of the school’s existing nutrition and physical activity environments and practice once every three years.

The results of those school-by-school assessments will be compiled at the school district level to identify and prioritize

needs in order to make necessary revisions to the policy and/or regulations.

Legal Reference: 281 Iowa Administrative Code (IAC) Chapter 12 Rules

Approved: 10-08-12

BA-15-011/08.10

Proposed Procedure 610.1a

Snacks – Nutritional Guidelines

It is the responsibility of each building to ensure all snacks meet District Nutritional Guidelines for foods and

beverages, including vending, a la carte, school stores, celebrations and fundraisers. This applies to all foods offered,

made available or sold during the school day, defined as the period from midnight before, to 30 minutes after the end

of the school day.

Each building shall do the following:

All foods offered in school must meet guidelines; either selected from healthy snack lists or determined to

meet guidelines using SMART Snack calculator.

Daily snacks in the classroom or those provided for brain-based learning activities are optional (allowed);

implementation determined at the discretion of individual building teams.

If food is brought from home to be shared, it should be prepackaged and prepared by vendor with the

exception of fruits and vegetables.

Foods provided that do not meet guidelines will not be served and will be returned to provider.

Recognize that provision of a snack is meant to fuel the student’s body and provides opportunity for

engaging in nutrition education and promotion.

Proposed Procedure 610.1b

Fundraising It is the responsibility of each building to discontinue using unhealthy foods for fundraisers. Each building must

ensure all snacks meet District Nutritional Guidelines for foods and beverages, including vending, a la carte, school

stores, celebrations and fundraisers. This applies to all foods offered, made available or sold during the school day,

defined as the period from midnight before, to 30 minutes after the end of the school day.

Each building shall determine a school-wide plan and do the following:

Include if/what healthy foods or non-food items/activities will be offered and how physical activity will

be promoted.

Consider that foods/beverages used as rewards for students participating in fundraising activities must

meet District Nutritional Guidelines.

The sale of competitive foods, including foods of minimal nutritional value, may not occur one-half hour

prior to, during, or one-half hour after the meal shifts of food service programs unless permission has

been granted by the Manager of Food and Nutrition Department. (Board Regulation 902.2)

This procedure will be communicated to parents/students/staff through student handbooks annually.

BA-15-011/08.11


BOARD GOVERNANCE BA-15-492 Exempt Meeting – Discuss Strategy Sessions for Union and Non-Union Employee Groups (Dave Benson) Information Item Pertinent Fact(s):

The Board of Education may meet in an Exempt Meeting following the May 11, 2015 Board meeting for the purpose of discussing bargaining strategy and negotiations sessions for union and non-union employees. Exempt Meetings are not subject to the Open Meetings Law.


SCHOOL BOARD CALENDAR

2015 - MAY Monday May 11 5:30 pm Board Regular Meeting ELSC, Board Room 2500 Edgewood Rd NW Wednesday May 27 7:00 PM Metro HS Graduation ELSC Cedar Conference Room Thursday May 28 7:00 PM Kennedy HS Graduation US Cellular Center Friday May 29 7:00 PM Washington HS Graduation US Cellular Center Saturday May 30 7:00 PM Jefferson HS Graduation US Cellular Center 2015 – JUNE Monday June 8 5:30 pm Board Regular Meeting ELSC, Board Room

2500 Edgewood Rd NW Monday June 22 5:30 pm Board Work Session & ELSC, Board Room Regular Meeting 2500 Edgewood Rd NW 2015 – JULY Monday July 13 5:30 pm Board Regular Meeting ELS, Board Room

2500 Edgewood Rd NW

Monday July 20 First Day of Classes Taylor Elementary Early Dismissal 2015– AUGUST Monday August 10 5:30 pm Board Regular Meeting ELS, Board Room

2500 Edgewood Rd NW Monday August 24 5:30 pm Board Work Session & ELS, Board Room

Board Meeting 2500 Edgewood Rd NW Monday August 24 First Day of Classes for CRCSD Students/Early Dismissal