A G E N D A

Board of Education Regular Meeting

Monday, December 8, 2014 Red Hawk Ridge Elementary School

16251 East Geddes Avenue Centennial, CO 80016

Celebration School Resource Officers 6:45 p.m.

A. Call to Order 7:00 p.m. B. Pledge of Allegiance C. Approval of Agenda D. Approval of Minutes: Regular Meeting November 10, 2014 Special Meeting November 20, 2014 E. Communications

From the Board of Education From the Superintendent

F. Special Report: Property Tax Mill Levy Mr. Guy Bellville G. Audience Comments: Opportunity for members of the audience to address the Board of Education H. Consideration of Resolutions: Consent Agenda (Pages 1 – 28) #258-14 Approval of Contracts, Day-Treatment and Residential-Care Placements, Out-

of-District #259-14 Approval of Fund Distribution, No Child Left Behind, Title I-D Funds,

Excelsior Youth Center #260-14 Approval of Purchase, Heinemann Publishing, Leveled Literacy Intervention

System, by Fountas & Pinnell, Districtwide #261-14 Approval of Purchase, Sack Educational Consulting Services, Title I Projects,

Districtwide #262-14 Approval of Supplemental Funds, English Language Acquisition Program,

Districtwide #263-14 Approval of Matters Relating to Administrative Personnel #264-14 Approval of Matters Relating to Licensed Personnel (Teachers, Mental Health

Employees and Nurses) #265-14 Approval of Matters Relating to Classified Personnel #266-14 Approval of Revised Policies, Bus Drivers #267-14 Approval of Appointment, American Folding Wall Corporation, Operable Wall

Partition Installation, Mission Viejo Elementary School

#268-14 Approval of Appointment, American Folding Wall Corporation, Operable Wall Partition Installation, Rolling Hills Elementary School

#269-14 Approval of Change Orders, Construction Projects #270-14 Approval and Ratification of Agreement, Seminole Retail Energy Services,

L.L.C., Natural Gas Transport, Districtwide #271-14 A Resolution Authorizing the Execution and Delivery of a Master Lease

Purchase Agreement for the acquisition of certain equipment for District purposes; Ratifying Action Previously Taken Concerning the Referenced Lease; and Providing for Other Matters Relating Thereto

#272-14 Approval of Contract, 5280 Strategies, LLC, Legislative Consultant #273-14 Approval of Mill Levy, 2014-15 Fiscal Year Budget I. Special Report: School Performance Improvement Dr. Judy Skupa J. Other Business: Next regular meeting: January 12, 2015, Sunrise Elementary School,

4050 South Genoa Way, Aurora, Colorado, 80013. K. Adjournment

C O N S E N T A G E N D A CHERRY CREEK SCHOOL DISTRICT

Resolution #258-14 Approval of Contracts, Day-Treatment and Residential-Care Placements, Out-Of-District Date: December 8, 2014 To: Board of Education From: Superintendent and Associate Superintendent of Educational Operations Recommendation: It is the administration’s recommendation that the Board of Education approve the following contracts for educational services paid by the Cherry Creek School District for CCSD students. Facility Student* Disability** Per Diem Denver Children’s Home – Bansbach Academy AC SED $60.84 Denver Children’s Home – Bansbach Academy TR OPD $60.84 Excelsior Youth Center FC SED $56.03 Hampden Academy AB SED $83.55 Jefferson Hills – NEW VISTAS DN SED $102.31 Jefferson Hills – NEW VISTAS DN SED $102.31 Jefferson Hills – NEW VISTAS KR SED $102.31 Mount St. Vincent BT SED $61.36 Mount St. Vincent CW SED $61.36 Mount St. Vincent SN SED $61.36 Rocky Mountain School for the Deaf KV HI $112.78 Shiloh House DG SED $75.57 Spectra Autism Center DJ AUT $119.71 Tennyson Center BG SED $74.18 The Joshua School DK AUT $274.07

Pertinent Facts: The per diem figures are the excess educational costs paid by the Cherry Creek School District when a Cherry Creek student has been approved by a Human Services agency for day-treatment or residential-care services. These rates are set by the Colorado Department of Education. The General Fund will be used for these expenditures. *Students’ names are not printed for confidentiality reasons. **AUT/Autism **HI/Hearing Impaired **OPD/Other Physical Disability HCB/SAS/TJP/gem

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CHERRY CREEK SCHOOL DISTRICT Resolution #259-14 Approval of Fund Distribution, No Child Left Behind, Title I-D

Funds, Excelsior Youth Center Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent for Performance Improvement Recommendation: It is the administration’s recommendation that the Board of Education approve the Title I-D expenditures for Excelsior Youth Center for the 2014-2015 school year in the amount of $229,166. Pertinent Facts: The purpose of the Title I-D grant program is to provide Prevention and Intervention Programs for children and youth who are neglected, delinquent, or at-risk. This program provides funds for youth in state-operated institutions or community day programs. Colorado receives formula funds based on the number of students in state institutions and costs per pupil. Title I-D funds are part of the No Child Left Behind federal grant program. These funds are processed through the Cherry Creek School District to Excelsior Youth Center. Excelsior receives a yearly allocation based on enrollment from the NCLB Title I-D. The 2014-15 allocation for this program is as follows: Title ID: $229,166 Alternatives Considered: No alternatives were considered, as the district is required to spend the funds accordingly. HCB/JAS/TAC/cjd

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CHERRY CREEK SCHOOL DISTRICT Resolution #260-14 Approval of Purchase, Heinemann Publishing, Leveled Literacy

Intervention System, by Fountas & Pinnell, Districtwide Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent for Performance Improvement Recommendation:

It is the administration’s recommendation that the Board of Education approve the purchase of Leveled Literacy Intervention System (LLI) by Fountas & Pinnell, Heinemann Publishing for the amount of $230,000. Pertinent Facts: LLI is a research-based supplemental intervention program designed for young children who struggle with reading and writing. Schools have a need for instructional materials that are appropriate for the levels and needs of the students. The LLI Supplementary Intervention Program provides accelerated instruction for non-proficient readers, including students on READ plans. The materials include fiction and nonfiction text of high quality. Staff will be trained in these materials and implementation will be through district trainings using READ Act funds. Funds for the Leveled Literacy Intervention System will be provided from the schools’ READ Act allocations. Alternatives Considered: This purchase expands the use of LLI in all elementary schools. The District has been using LLI Kits for 5 years. HCB/JAS/FC/cjd

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CHERRY CREEK SCHOOL DISTRICT Resolution #261-14 Approval of Purchase, Sack Educational Consulting Services, Title I

Projects, Districtwide Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent for Performance Improvement Recommendation: It is the administration’s recommendation that the Board of Education approve contracted services with Sack Educational Consulting for the amount of $40,775. The total covers contracted services for professional development in Title I buildings. Pertinent Facts: Professional development activities are designed to extend teachers’ knowledge and skill as they support students in the attainment of reading, writing, communicating and math standards. Specifically, professional development offerings will: 1) support teacher understanding in selecting and providing complex texts for classroom instruction; and 2) increase knowledge of effective teaching strategies for students in need of intervention. Coaching support is provided through grade level planning sessions to apply these new learnings. Funds have been allocated in the 2014-15 Title I budget. Alternatives Considered: These professional development opportunities have been identified by the Title I principals as the area of focus for the 2014-15 school year and build upon the professional development offered in 2013-14. HCB/JAS/TAC/cjd

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CHERRY CREEK SCHOOL DISTRICT Resolution #262-14 Approval of Supplemental Funds, English Language Acquisition

Program, Districtwide Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent for Performance Improvement Recommendation: It is the administration’s recommendation that the Board of Education approve supplemental funds for the English Language Acquisition program in the amount of $97,422 for the 2014-15 school year. Pertinent Facts: The Cherry Creek School District is a 2014 recipient of the English Language Proficiency Act Excellence Award which recognizes ten Colorado districts and ten Colorado charter schools with the highest English language and academic growth for English language learners and the highest academic achievement of English learners who transition out of the English language proficiency program. As a result of this award, grant funds are provided to further support instruction for students and professional development for staff. Cherry Creek Academy also received an English Language Acquisition Award with grant funding in the amount of $5,801. These funds will be accepted through the Board of Directors for CCA. Alternatives Considered: No alternatives were considered as these funds are a one-time award by the Colorado Department of Education. HCB/JAS/HJP/cjd

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CHERRY CREEK SCHOOL DISTRICT Resolution #263-14 Approval of Matters Relating to Administrative Personnel Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent of Human Resources Recommendation: It is the administration’s recommendation that the Board of Education approve matters relating to administrative personnel as contained on page BA-1 of the Board Action section, a copy of which shall be affixed to the official minutes set out therein. HCB/BG/cpw

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CHERRY CREEK SCHOOL DISTRICT Resolution #264-14 Approval of Matters Relating to Licensed Personnel (Teachers, Mental Health Employees and Nurses) Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent of Human Resources Recommendation: It is the administration’s recommendation that the Board of Education approve matters relating to licensed personnel as contained on page BA-2 of the Board Action section, a copy of which shall be affixed to the official minutes set out therein. HCB/BG/cpw

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CHERRY CREEK SCHOOL DISTRICT Resolution #265-14 Approval of Matters Relating to Classified Personnel Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent of Human Resources Recommendation: It is the administration’s recommendation that the Board of Education approve matters relating to classified personnel as contained on pages BA-3 through BA-6 of the Board Action section, copies of which shall be affixed to the official minutes set out therein. HCB/BG/cpw

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CHERRY CREEK SCHOOL DISTRICT Resolution #266-14 Approval of Revised Policies, Bus Drivers Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent of Human Resources Recommendation: It is the administration’s recommendation that the Board of Education approve the following revised policies/administrative procedures/memoranda of understanding pertaining to bus drivers, effective July 1, 2014:

4511 Seniority MOU Seniority 4514 Assignment 4516 Work Year/Work Hours

4530 Professional Growth 4530.1 Application Form for Professional Growth

4541 Compensation 4551 Absences and Leaves 4556 Holidays

Pertinent Facts: These policies/administrative procedures/memoranda of understanding reflect policies negotiated by the Office of Human Resources and the bus drivers. HCB/BG/cpw

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CHERRY CREEK SCHOOL DISTRICT Resolution #267-14 Approval of Appointment, American Folding Wall Corporation,

Operable Wall Partition Installation, Mission Viejo Elementary School

Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent of Educational Support Services Recommendation: It is the administration’s recommendation that the Board of Education approve the appointment of American Folding Wall Corporation as the contractor to supply labor and materials for the installation of a new operable wall partition in the gymnasium and cafeteria at Mission Viejo Elementary School for a total cost of $31,377.00. Pertinent Facts: The existing operable wall partition panels in the gymnasium and cafeteria at Mission Viejo Elementary School have been in place for over thirty (30) years and are no longer operational. The Capital Reserve Fund will be used for this expenditure, which is within the planned budget. Alternatives Considered: American Folding Wall Corporation is the sole state-wide vendor for the operable wall manufacturer, Advanced Equipment Corporation. HCB/SLG/RKH/ce

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CHERRY CREEK SCHOOL DISTRICT Resolution #268-14 Approval of Appointment, American Folding Wall Corporation,

Operable Wall Partition Installation, Rolling Hills Elementary School Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent of Educational Support Services Recommendation: It is the administration’s recommendation that the Board of Education approve the appointment of American Folding Wall Corporation as the contractor to supply labor and materials for the installation of a new operable wall partition in the gymnasium and cafeteria at Rolling Hills Elementary School for a total cost of $39,765.00. Pertinent Facts: The existing operable wall partition panels in the gymnasium and cafeteria at Rolling Hills Elementary School have been in place for over fifteen (15) years and are no longer operational. The Capital Reserve Fund will be used for this expenditure, which is within the planned budget. Alternatives Considered: American Folding Wall Corporation is the sole state-wide vendor for the operable wall manufacturer, Advanced Equipment Corporation. HCB/SLG/RKH/ce

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CHERRY CREEK SCHOOL DISTRICT

Resolution #269-14 Approval of Change Orders, Construction Projects Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent of Educational Support Services Recommendation: It is the administration’s recommendation that the Board of Education approve the following change orders for construction projects. Cherokee Trail High School, Grandview High School, & Horizon Middle School Landscape & Irrigation Renovation Replacement Arrow J Landscape & Design, Inc. (AJI) (Original Contract) $94,328.00 Previous Change Order 13,302.50 Change Order #2 3,605.00 Total $111,235.50 Change Order #2 covers the costs for additional irrigation lines at Horizon Middle School. The 2012 Bond Fund will be used for this expenditure and the project is within the planned budget. Cherry Creek High School Pool Replacement & Renovation Saunders Construction, Inc. (Original Contract) $741,415.00 Previous Change Orders 16,118,329.46 Change Order #6 14,356.50 Total $16,874,100.96 Change Order #6 covers the costs of an additional drain pan, additional stainless handrails, and additional landscape boulders. The 2012 Bond Fund was used for these expenditures and the project is within the planned budget. Cherry Hills Village Elementary School Renovation PCL Construction Services, Inc. (Original Contract) $1,277,290.00 Previous Change Orders 113,151.00 Change Order #4 5,631.00 Total $1,396,072.00 Change Order #4 covers the costs for door hardware modifications, fire alarm revisions, and the addition of break metal at drywall end caps. The 2012 Bond Fund will be used for this expenditure and the project is within the planned budget.

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Eaglecrest High School STEM Renovations W.O. Danielson Construction Company, Ltd. (Original Contract) $135,200.00 Previous Change Orders (539.00) Change Order #4 5,128.00 Change Order #5 void Change Order #6 3,784.00 Change Order #7 1,007.00 Total $144,580.00 Change Order #4 covers the costs for additional under-counter lighting and electrical modifications. Change Order #6 covers the costs for the wood shop electrical revisions. Change Order #7 covers the costs for air drops in the wood shop and robotics lab. The 2012 Bond Fund will be used for these expenditures and the project is within the planned budget. Instructional Support Facility Data Center Backup Cooling System Central Mechanical, Inc. (Original Contract) $248,200.00 Change Order #1 10,993.00 Total $259,193.00 Change Order #1 covers the cost for an additional door and an exterior metal pipe enclosure. The 2012 Bond Fund will be used for this expenditure and the project is within the planned budget. Laredo Middle School Renovation Kiewit Building Group, Inc. (Original Contract) $4,776,817.00 Previous Change Orders 93,932.00 Change Order #6 26,115.00 Change Order #7 16,505.00 Total $4,913,369.00 Change Order #6 covers the costs of elevator electrical modifications, RTU light and receptacle modifications per the IBC (International Building Code), and hardware modifications. Change Order #7 covers the cost of flooring modifications, and new stainless steel drinking fountain shrouds. The 2012 Bond Fund will be used for these expenditures and the project is within the planned budget. Smoky Hill High School Renovation Kiewit Building Group, Inc. (Original Contract) $6,628,147.00 Previous Change Orders 1,885,827.00 Change Order #4 75,059.00 Change Order #5 36,586.00 Change Order #6 41,934.00 Total $8,667,553.00 Change Order #4 covers the costs of additional STEM revisions, life safety fire sprinkler modifications, drinking fountain revision, auto shop classroom wall modifications, a greenhouse bottom steel plate installation, and the north parking lot pole light revision. Change Order #5

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covers the costs to install new frog-eye exit signs per the City of Aurora Life Safety Division, and revisions to all above ceiling electrical, light fixtures, and fire alarm equipment per the State of Colorado Electrical Division. Change Order #6 covers the costs for the storefront strap anchors, lightweight concrete roof repairs, and roof fan modifications. The 2012 Bond Fund will be used for this expenditure and the project is within the planned budget. Walnut Hills Elementary School Playground Improvements Made in the Schade (Original Contract) $23,624.25 Change Order #1 1,457.75 Total $25,082 Change Order #1 covers the costs of an additional 119 square feet of pour-in-place rubber. The Capital Reserve Funds will be used for this expenditure and the project is within the planned budget. HCB/SLG/RKH/ce

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CHERRY CREEK SCHOOL DISTRICT Resolution #270-14 Approval and Ratification of Agreement, Seminole Retail Energy

Services, L.L.C., Natural Gas Transport, Districtwide Date: December 8, 2014 To: Board of Education From: Superintendent and Assistant Superintendent of Educational Support Services Recommendation: It is the administration’s recommendation that the Board of Education approve and ratify an agreement with Seminole Retail Energy Services to provide transport of natural gas services to various buildings Districtwide for school year 2014-2015. Pertinent Facts: The District has purchased natural gas from independent suppliers for at least twenty (20) years. Seminole Retail Energy Services’ proposal was determined to be competitive. Currently, companies index pricing monthly, based on the market. This purchase is within the planned budget and paid from the General Fund. Alternatives Considered: The District previously had a contract with Anadarko Energy Services Company. Seminole Retail Energy Services, L.L.C., bought out the portion of Anadarko’s business related to our school district. Seminole Retail Energy Services, L.L.C. honored the previous pricing agreement with Anadarko Energy Services Company and has continued to do so. HCB/SLG/RKH/ce

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CHERRY CREEK SCHOOL DISTRICT

Resolution #271-14 A Resolution Authorizing the Execution and Delivery of a Master Lease Purchase Agreement for the acquisition of certain equipment for District purposes; Ratifying Action Previously Taken Concerning the Referenced Lease; and Providing for Other Matters Relating Thereto

Date: December 8, 2014 To: Board of Education From: Superintendent and Chief Financial Officer Recommendation: It is the administration’s recommendation that the Board of Education adopt the following resolution:

RESOLUTION NO. 271-14

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF CHERRY CREEK SCHOOL DISTRICT NO. 5, IN THE COUNTY OF ARAPAHOE, STATE OF COLORADO:

WHEREAS, Cherry Creek School District No. 5, Arapahoe County, Colorado (the “District”) is a duly and regularly created, organized and existing school district, existing as such under and by virtue of the Constitution and laws of the State of Colorado; and

WHEREAS, the Board of Education of the District (the “Board”) has the power, pursuant to Section 22-32-110(1)(c), Colorado Revised Statutes, to provide furniture, equipment, library books and everything needed to carry out the education program of the District; and

WHEREAS, for the purpose of financing the costs of acquiring approximately 178 buses for school purposes (the “Leased Property”), the District has determined that it is in the best interest of the District and its residents and taxpayers to enter into a Master Lease Purchase Agreement, including any amendments and/or supplements thereto required for any advance or draw thereunder (collectively, the “Lease”) with a lender (the “Lender”) in an amount not to exceed $18,500,000, for the purpose of acquiring such buses over an approximate five year period in order to replace certain buses in an aging fleet (the “Project”); and

WHEREAS, the District will distribute a request for proposal to various banks and/or financial institutions in order to solicit bids to provide such Lease services; and

WHEREAS, pursuant to the terms of such Lease, the Lender will advance funds for the Project to the District (an “Advance”), and such funds related to the Advance shall be held in an escrow account pursuant to the terms of an escrow agreement, as may be amended or

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supplemented for each specific Advance, by and between the District, the Lender, and an escrow bank selected to provide such services (the “Escrow Agreement”); and

WHEREAS, pursuant to the Lease, and subject to the right of the District to terminate the Lease and other limitations as therein provided, the District will pay certain rental payments (“Rent”) in consideration for the right of the District to use the Leased Property; and

WHEREAS, the District’s obligation under the Lease to pay Rent shall be from year to year only; shall constitute currently budgeted expenditures of the District; shall not constitute a mandatory charge or requirement in any ensuing budget year; and shall not constitute a general obligation or other indebtedness or multiple fiscal year financial obligation of the District within the meaning of any constitutional or statutory limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory payment obligation of the District in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect; and

WHEREAS, Section 11-57-204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, Colorado Revised Statutes (the “Supplemental Act”), provides that a public entity, including the District, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF CHERRY CREEK SCHOOL DISTRICT NO. 5, ARAPAHOE COUNTY, COLORADO:

Section 1. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this resolution) by the Board or the officers, agents or employees of the Board or the District relating to the Lease, the Escrow Agreement, and the implementation of the Project is hereby ratified, approved and confirmed.

Section 2. Finding of Best Interests. The Board hereby finds and determines, pursuant to the Constitution and the laws of the State of Colorado that the acquisition and implementation of the Project and financing the costs thereof pursuant to the terms set forth in the Lease are necessary, convenient, and in furtherance of the District’s purposes and are in the best interests of the residents and taxpayers of the District and the Board hereby authorizes and approves the same.

Section 3. Supplemental Act; Parameters. The Board hereby elects to apply all of the provisions of the Supplemental Act to the Lease and in connection therewith delegates either the President, the Superintendent or the Chief Financial Officer of the District independent authority to make any determination delegable pursuant to Section 11-57-205(1)(a-i), Colorado Revised Statutes, in relation to the Lease, and to execute a sale certificate for each Advance (the “Sale Certificate”) setting forth such determinations, including without limitation, the term of the Lease, the Rent to be paid; and the interest rate on the rental payments under the Lease, subject to the following parameters and restrictions:

(a) the Lease Term shall not extend beyond June 1, 2030, and the repayment term of any specific Advance shall not exceed ten years from the Advance date;

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(b) the aggregate principal amount of the amounts available under the Lease, including all Advances, shall not exceed $18,500,000;

(c) the interest rate on any Advance under the Lease shall not exceed 5.00%;

(d) the Lease shall be subject to prepayment as described in any lease addendum or supplement relating to a specific Advance.

Pursuant to Section 11-57-205 of the Supplemental Act, the Board hereby delegates to any of the President, the Superintendent or the Chief Financial Officer the independent authority to sign the Lease, including any addendums or supplements, and any term sheet or commitment as may be required by a Lender, to select the Lender and any escrow bank, and to execute any agreement or agreements in connection therewith. The Board also hereby delegates to any of the President, the Superintendent or the Chief Financial Officer to determine the amount and the timing of each Advance under the Lease subject to the parameters set forth above.

Section 4. Approval of Documents. Any Lease and Escrow Agreement, as hereafter approved by the President, the Superintendent or Chief Financial Officer, are in all respects approved, authorized and confirmed, and the President, the Superintendent or the Chief Financial Officer are hereby authorized and directed for and on behalf of the District to execute and deliver the Lease and the Escrow Agreement, provided that any and all such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this resolution.

Section 5. Authorization to Execute Collateral Documents. The Secretary is hereby authorized and directed to attest all signatures and acts of any official of the District in connection with the matters authorized by this resolution and to place the seal of the District on any document authorized and approved by this resolution. The President, the Secretary and other appropriate officials or employees of the District are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution, including without limiting the generality of the foregoing, executing, attesting, authenticating and delivering for and on behalf of the District any and all necessary documents, instruments or certificates and performing all other acts that they deem necessary or appropriate in order to implement and carry out the transactions and other matters authorized by this resolution. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, deletions therefrom and additions thereto as may be approved by bond counsel prior to the execution of the documents. The execution of any document or instrument by the aforementioned officers or members of the Board shall be conclusive evidence of the approval by the District of such document or instrument in accordance with the terms hereof and thereof.

Section 6. No General Obligation Debt. No provision of this resolution or the Lease shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the District within the meaning of any constitutional, statutory provision, nor a mandatory charge or requirement against the District in any ensuing fiscal year beyond the then current fiscal year. The District shall have no obligation to make any payment with respect to the Lease except in connection with the payment of the Rent and certain

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other payments under the Lease, which payments may be terminated by the District in accordance with the provisions of the Lease. The Lease does not constitute a mandatory charge or requirement of the District in any ensuing fiscal year beyond the then current fiscal year or constitute or give rise to a general obligation or other indebtedness or multiple fiscal year financial obligation of the District within the meaning of any constitutional or statutory debt limitation and shall not constitute a multiple fiscal year direct or indirect debt or other financial obligation whatsoever. No provision of the Lease shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the District within the meaning of Sections 1 or 2 of Article XI of the Colorado Constitution. The Lease shall not directly or indirectly obligate the District to make any payments beyond those budgeted and appropriated for the District’s then current fiscal year.

Section 7. Reasonableness of Rentals. The Board hereby determines and declares that the Rent due under the Lease, in the maximum amount authorized pursuant to Section 3 hereof, constitutes the fair rental value of the Leased Property and does not exceed a reasonable amount so as to place the District under an economic compulsion to renew the Lease or to exercise its option to purchase the Leased Property pursuant to the Lease. The Board hereby determines and declares that the period during which the District has an option to purchase the Leased Property (i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased Property.

Section 8. No Recourse against Officers and Agents. Pursuant to Section 11-57-209 of the Supplemental Act, if a member of the Board, or any officer or agent of the District acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the Rent. Such recourse shall not be available either directly or indirectly through the Board or the District, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Lease and as a part of the consideration of their sale or purchase, the Lender specifically waives any such recourse.

Section 9. Severability. If any one or more sections, sentences, clauses or parts of this resolution shall for any reason be held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this resolution, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this resolution so held unconstitutional or invalid, and the inapplicability and invalidity of any section, sentence, clause or part of this resolution in any one or more instances shall not affect or prejudice in any way the applicability and validity of this resolution in any other instances.

Section 10. Repealer. All bylaws, orders, and resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, or resolution, or part thereof, heretofore repealed.

Section 11. Interpretation. This resolution shall be so interpreted and construed as to effectuate its general purpose.

Section 12. Effective Date. This resolution shall be in full force and effect upon its passage and adoption.

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PASSED, ADOPTED AND APPROVED this December 8, 2014.

CHERRY CREEK SCHOOL DISTRICT NO. 5, ARAPAHOE COUNTY, COLORADO By: ____________________________________ President of the Board of Education

(SEAL) ATTEST: ____________________________________ Secretary of the Board of Education BS/HCB/GGB/slm

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STATE OF COLORADO ) ) COUNTY OF ARAPAHOE )SS. ) CHERRY CREEK SCHOOL DISTRICT ) NO. 5 )

I, Claudine McDonald, am the duly qualified and acting Secretary of Cherry Creek School

District No. 5 (the “District”), in the County of Arapahoe and State of Colorado, and I do hereby

certify:

(1) The foregoing pages are a true and correct copy of a resolution (the

“Resolution”) passed and adopted by the Board of Education of the District (the “Board”) at a

special meeting of the Board held on December 8, 2014.

(2) The Resolution was duly moved and seconded and the Resolution was

adopted at the special meeting of December 8, 2014, by an affirmative vote of a majority of the

members of the Board as follows:

Name “Yes” “No” Absent Abstain James O’Brien, President Randy Perlis, Vice-President Claudine McDonald, Secretary David Willman, Treasurer Karen Fisher, Assistant Secretary-Treasurer

(3) The members of the Board were present at such meeting and voted on the

passage of such Resolution as set forth above.

(4) The Resolution was approved and authenticated by the signature of the

President of the Board, sealed with the District seal, attested by the Secretary and recorded in the

minutes of the Board.

(5) Attached hereto as Exhibit A is a copy of the notice of the meeting on

December 8, 2014, which notice was posted in one place within the District at least 24 hours before

such meeting and which notice included agenda information, if available.

(6) There are no bylaws, rules or regulations of the Board which prevent the

immediate adoption of the Resolution set forth in the foregoing proceedings.

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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said

District, this December 8, 2014.

Secretary

(SEAL)

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EXHIBIT A

P U B L I C N O T I C E

Monday, December 8, 2014

5:00 p.m.

Board of Education/Superintendent Study Session

• District Updates • Review Bulletin

7:00 p.m.

Regular Board of Education Meeting • Property Tax Mill Levy • School Performance Improvement

Red Hawk Ridge Elementary School 16251 East Geddes Avenue

Centennial, CO 80016

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CHERRY CREEK SCHOOL DISTRICT Resolution #272-14 Approval of Contract, 5280 Strategies, LLC, Legislative Consultant Date: December 8, 2014 To: Board of Education From: Superintendent and Chief Financial Officer Recommendation: It is the administration’s recommendation that the Board of Education approve a contract with 5280 Strategies, LLC, as Legislative Consultant to represent the legislative interests of the Cherry Creek School District during the upcoming legislative session, as well as monitoring and tracking the actions of the State Board of Education. Pertinent Facts: Due to the potential impact on the District of school finance and other educational related legislation, it is in the best interest of the District to engage a lobbyist to represent the District at and during the Colorado legislative session. In addition, because a great deal of discussion, study, and policy formulation regarding education-related issues takes place at meetings during the months between legislative sessions, there is the need for lobbyist services to attend and report on State Board of Education meetings, education-related task forces, and legislative interim committee meetings. Mr. Michael Beasley, 5280 Strategies, LLC, Firm Principal, with extensive political involvement and policy experience, can provide information on legislative issues, analysis of complex legislation, daily status of legislation, and up-to-date conversations surrounding legislative issues year-round. Specific services to be provided include: • Represent the Board of Education (BOE) and District Leadership Team (DLT) before state

legislative bodies, agencies (including the Colorado Department of Education), and executive departments concerning public school/educational interests consistent with instructions from the BOE and DLT;

• Provide review and analysis of proposed state legislation related to public school/educational matters of interest to the District. The District’s staff will be available, if necessary, to present expert testimony to members of the legislature in coordination with the Consultant;

• Coordinate all activities with the BOE and DLT and assist, as necessary, in providing adequate

coverage of legislative committee hearings and other meetings concerning public school related matters;

• Actively lobby District legislators and other legislative members to seek passage, defeat, or

amendment of legislation impacting the District;

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• Attend District meetings of the BOE, DLT, administrators, the Cherry Creek Community Legislative Network (CCCLN), Leadership Cherry Creek, and other committees to deliver general verbal and regular written reports regarding legislative issues as requested by the District;

• Deliver written Colorado State Legislative Session reports on a weekly basis to the BOE and

DLT, which reports will include highlights from the previous, in-session week; • Deliver end-of-year verbal and written Colorado State Legislative Session reports to the BOE,

DLT, CCCLN, and Leadership Cherry Creek; • Deliver other reports regarding crucial, impending and controversial matters requiring the

District, BOE, and DLT’s action in a timely manner; • Attend the CCCLN’s Breakfast with the Legislators and Day at the Capitol to update the

District’s community on legislative issues. Work with the CCCLN to organize their programs, review handouts to be distributed, invite legislators to speak on particular issues and take questions, and other event items as requested by the District;

• Attend weekly or bi-weekly meetings with the BOE and DLT to inform, update, and assist the

District in developing District positions on legislation; • Participate and assist in coalition building with lobbyists for other school districts, CASE,

CASB, CEA, and other education groups as appropriate and as may be in the best interests of the District;

• Draft District initiated legislation or amendment(s) to pending legislation and actively seek

sponsors for the same; • Provide password-protected website access to the District for summaries of complex

legislation, daily calendars, bills, and links to live audio broadcasts from the Capitol; • Provide regular, written reports concerning State Board of Education actions and regulations

that have been adopted. Monitor, track, and report regularly on the agendas and actions of the State Board of Education that affect the District, including rule-making processes;

• Additional Services: Be available to attend Colorado State legislative committee hearings,

Colorado Board of Education meetings, work on controversial issues, and draft legislation on public school related issues.

The terms of engagement will be from January 1, 2014, through December 31, 2015, with the option to renew one (1) additional year period. The fixed fee of $4,112 per month is to include the 2015 regular session and any special sessions of the Colorado General Assembly as well as the Colorado Department of Education rule-making sessions. The fee is all-inclusive with no limit on the number of hours worked. The fee is inclusive of costs including but not limited to direct and indirect cost for labor, overhead, materials, printing, travel and mileage, postage, etc. The fee

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represents an increase of 2.8% from last year’s contract. Funds for these services are budgeted in the District’s General Fund. Alternatives Considered: No alternatives were considered. This is the second year of a two-year agreement. HCB/GGB/slm

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CHERRY CREEK SCHOOL DISTRICT Resolution #273-14 Approval of Mill Levy, 2014-15 Fiscal Year Budget Date: December 8, 2014 To: Board of Education From: Superintendent and Chief Financial Officer Recommendation: It is the administration's recommendation that the Board of Education approve the following resolution, which certifies mill rate for property taxation purposes of 56.702 mills for the 2014-15 Fiscal Year. Pertinent Facts: WHEREAS, it is necessary to provide for the expenditures of the General Fund and Bond Redemption Fund required by Cherry Creek School District No. 5 in the County of Arapahoe and the State of Colorado, for the Fiscal Year ending June 30, 2015, and WHEREAS, the Public School Finance Act requires a total program mill levy to be 25.712 mills to finance the local property share of the act, and WHEREAS, a majority of the voters of the District approved override elections held in November 1991 in the amount of $10,263,000, November 1998 in the amount of $10,500,000, November 2003 in the amount of $14,000,000, November 2008 in the amount of $18,000,000, and November 2012 in the amount of $25,000,000. In elections held prior to 1988, override taxes were also approved, which provide additional funding of $6,842,000. These override amounts, totaling $84,605,000, when divided by the net taxable assessed valuation for the District, result in a total levy of 19.136 mills, and WHEREAS, the Arapahoe County Assessor has certified the net taxable assessed valuation of the District to be $4,421,490,351 and when the above factors are included in the formula for calculation of the General Fund mill levy they produce a 44.848 mill levy which raises the sum of $198,294,999 for the Cherry Creek School District No. 5, and WHEREAS, the Arapahoe County Assessor has certified that tax abatements and refunds total $1,795,125 of revenue lost which is recoverable pursuant to Colorado Statutes, and which when divided by the net assessed valuation for the District results in an additional levy of 0.406 mills, and WHEREAS, it is necessary to raise by taxation the sum of $200,090,124 for the General Fund and the levy which, when levied upon every dollar of net assessed valuation of taxable property in the District will produce said sum, is 45.254 mills, and

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WHEREAS, it is necessary to raise by taxation the sum of $50,617,222 in the Bond Redemption Fund for annual debt service payments on the bonds and which, when levied upon every dollar of net assessed valuation of taxable property in the District, will produce said sum, is 11.448 mills, and NOW, THEREFORE, BE IT RESOLVED by the Board of Education of Cherry Creek School District No. 5 in the County of Arapahoe and State of Colorado that the tax levied upon every dollar of net assessed valuation of taxable property within said District for the Fiscal Year 2014-15 shall, for the funds, as herein above set out, be in the total of 56.702 mills, and the Board of County Commissioners, Arapahoe County, Colorado, shall levy, in the time and the manner required by law for levy of taxes for governmental purposes for the funds as herein above set out, such taxes upon the net assessed valuation of all taxable property within the District, in addition to such other taxes as may be levied by said Board of County Commissioners, and that the President, Secretary of the District, and Chief Financial Officer shall, subject to the following provisions, certify the mill levy as finally determined for each of the funds to the proper taxing authorities of the County of Arapahoe, State of Colorado. Comparative Mill Rates and Tax Levies

Fiscal Years 14-15 and 13-14 For Collection in 2015 and 2014

(In millions) 2014 for

FY14-15 2013 for

FY13-14 Mill Rate

Change Tax Levy

Change State Requirement 25.712 25.712 0.000 $ $(0.001) Override Provision Pre 1988 Elections 1.548 1.548 - - 1991, 1998, 2003, 2008, 2012 Elections 17.588 17.587 0.001 0.003

Tax Abatements and Refunds 0.406 1.194 (0.788) (3.484) General Fund Subtotal 45.254 46.041 (0.787) (3.482) Bond Redemption Fund 11.448 11.451 (0.003) (0.014) Total 56.702 57.492 (0.790) $ (3.496) (In millions) Assessed Valuation $ 4,421.490 $ 4,421.534 $ (0.044) <(0.001%) Total Property Tax Levy $ 250.707 $ 254.203 $ (3.496) (1.38%)

Taxes on Average Residential Property: 2014 2013 Inc/(Dec) % Change

Value $ 305,901 $ 305,901 $ - - Taxes $ 1,381 $ 1,400 $ (19) (1.36%)

The annual property tax on an average residential property is estimated to decrease $19 for FY2014-15. HCB/GGB/DH/lm/slm

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