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SCHOOL BOARD MEETING

Board of DirectorsErin Markquart, President

Deb Norris, Vice PresidentPaul Williams, Legislative Representative

Casey Chamberlain, MemberRichard Hendricks, Member

MissionWe believe it is our responsibility to

ensure the best education for every student,every day, in every classroom.

We believe in success forstudents and staff every day.

________________________________________________________________________________________

April 20, 2016 Regular MeetingBoard Room

1. Call to Order: 6:00 p.m.

2. Flag Salute

3. Recognition of Greeters

This is the time on the agenda for Board members to meet and recognize the student greeters.

4. Approval of Agenda

5. Approval of Previous Meeting MinutesMarch 16, 2016 Regular Meeting Minutes (p. 5)

April 6, 2016 Special Board Meeting and Board Retreat Minutes (p. 10)

April 13, 2016 Study Session Meeting Minutes (p. 13)

6. Consent ItemsConsent Items (p. 16)

April Surplus (p. 21)

April Warrants (p. 23)

2016-17 Fresh Produce Vendor Contract Extension (p. 24)

2016-17 Liberty Distributing Dairy Contract Extension (p. 25)

2016-17 Vending Vendor Contract Extension (p. 26)

2016-17 Yearbook Vendor Contract Extension (p. 27)

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https://app.eduportal.com/documents/view/577218










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7. Acceptance of Donation

The Sumner School Board of Directors recognizes Donald Eismann Elementary Parent Teacher Association for thedonation of $4,885.50 to Donald Eismann Elementary for Chromebooks.

The Administration recommends the Board adopt the donation as presented.

Donald Eismann Parent Teacher Association Donation (p. 28)

8. Audience Comments

The Sumner School Board welcomes the public to its meetings. Individuals who wish to address the Board should usethe sign-up sheet provided at the door. Comments should be restricted to no more than three minutes. Remarksregarding District personnel are not appropriate for the Audience Comments portion of the meeting.

9. School Insight: Liberty Ridge Elementary

Principal, Ryan Hawkins, will introduce students to report on what they are learning and how it aligns with the SchoolImprovement Plan and/or District goals at Liberty Ridge Elementary.

10. Recognition - Roll of Honor

The Roll of Honor recognizes accomplishments, achievements, awards and other notable activities of and bystudents, staff and educators, presented by Sumner School District Acting Superintendent, Laurie Dent.

The Board of Directors honors Sumner School District Librarian, Kandy Rose, for leading efforts to update science,technology, engineering, and math collections at district libraries. Due to Kandy's efforts, seven schools in the Districtwere awarded the Library Services and Technology Act (LSTA) STEM grant this school year.

11. Superintendent Comments

This is the time on the agenda for the Superintendent to provide information and comment on District activities.

12. Board Member Comments

This is the time on the agenda for Board members to report on professional development activities they have attended(i.e., conferences, workshops), legislative issues and other items of interest.

13. Unfinished Business

None.

14. New Businessa. Resolution No. 20/15-16: Ratification and Confirmation of Acting

Superintendent Appointment and Secretary to the Board

Resolution No. 20/15-16: Ratification and Confirmation of Acting Superintendent Appointment and Secretary tothe Board, confirms Laurie Dent's appointment of Acting Superintendent and Secretary to the Board March 2,2016 through June 30,2016, to perform all duties as prescribed and authorized by the laws of the State ofWashington and by the Board for Office of Superintendent of Sumner School District and Secretary to the Board.

The Administration recommends the Board approve Resolution No. 20/15-16: Ratification and Confirmation ofActing Superintendent Appointment and Secretary to the Board.

Resolution No. 20/15-16: Ratification and Confirmation of Acting Superintendent and School BoardSecretary (p. 29)

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b. Resolution No. 21/15-16: State Bond Guarantee

Resolution No. 21/15-16: State Bond Guarantee, authorizes Sumner School District No. 320 to requestparticipation in the State Bond Guarantee Program for the proposed advance refunding of the District'soutstanding Unlimited Tax General Obligation 2009 and Unlimited Tax General Obligation Bonds, Series 2010A.

The Administration recommends the Board approve Resolution No. 21/15-16: State Bond Guarantee.

Resolution No. 21/15-16: State Bond Guarantee (p. 31)

c. Resolution No. 22/15-16: Bond Delegation

Resolution No. 22/15-16: Delegation, authorizes the issuance, sale, and delivery of hte District's unlimited taxgeneral obligation improvement and refunding bonds to pay the costs of carrying out the capital improvementapproved by the voters on February 9, 2016, and advance refunding and the District's outstanding 2009 Bondsand 2010 Bonds. This Delegation Resolution also delegates the authority to the Chief Financial Officer (orSecretary to the Board in the Chief Financial Officer's absence) to approve bond maturity amounts, interestrates, and other final terms and conditions of the bonds within certain limited parameters contained in Exhibit Aof the Delegation Resolution.

The Administration recommends the Board approve Resolution No. 22/15-16: Bond Delegation.

Resolution No. 22/15-16: Bond Delegation (p. 37)

d. Resolution No. 23/15-16: Acquisition of Real Property at 1101 WoodAvenue

To prepare for future expansion of Sumner High School due to current and projected enrollment, Administrationrecommends the District acquires the Maddax property at 1101 Wood Avenue, Sumner.

The Administration recommends the Board adopt Resolution No. 23/15-16: Acquisition of Real Property at 1101Wood Avenue (Maddax Property).

Resolution No. 23/15-16: Acquisition of Real Property at 1101 Wood Avenue (p. 66)

e. Maple Lawn Elementary Parking Lot Expansion

Additional parking at Maple Lawn Elementary is necessary to accommodate the needs of the school community.The district has developed an expansion plan that will provide an additional 72 parking spaces. Funding for thisproject will be used out of the existing capital projects budget.

The Administration recommends the Board approve moving forward with the Maple Lawn Elementary parking lotexpansion project.

f. New and Revised Policies - First Reading

The following revised policy is presented for first reading:2409 Credit for Competency-Proficiency2421 Promotion/Retention

2409 Credit for Competency-Proficiency (p. 83)

2421 Promotion/Retention (p. 85)

g. New and Revised Procedures

Revised procedure 2409P and 2421P is included for Board information.

2409P Credit for Competency-Proficiency (p. 86)

2421P Promotion/Retention (p. 87)

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15. Information Onlya. Upcoming Board Meeting(s)

A Study Session has been scheduled for May 4 at 6:00 p.m. in the Central Office Board Room. Two RegularBoard meetings will be held in May. May 11 at 6:00 p.m. at Sumner High School and May 25 at 6:00 p.m. atBonney Lake High School. High School Senior Showcases will follow both Board meetings at respective highschools at 7:00 p.m.

b. Budget Status Report

The Budget Status Report for March is included for Board information.

March Budget Status Report (p. 88)

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Board of Directors

Erin Markquart, President

Deb Norris, Vice President

Paul Williams, Legislative Rep.

Casey Chamberlain, Member

Richard Hendricks, Member

Mission

We believe it is our responsibility to

ensure the best education for every student,

every day, in every classroom.

We believe in success for

students and staff every day.

March 16, 2016 Regular Meeting – Meeting Minutes


School Board President, Erin Markquart, called the March 16 Meeting of the Board of Directors of Sumner School District No. 320 to order at 6:00 p.m. in the Central Office Board Room.

Present:

Erin Markquart, Deb Norris, Paul Williams, Casey Chamberlain

Acting Superintendent, Laurie Dent; Secondary School Support and Improvement Officer, Deb Barlow; Elementary School Support and Improvement Officer, Beth Dykman; Human Resources Assistant Superintendent, Marc Brouillet; Educational Support Services Officer, Steve Sjolund; Secondary Literacy Director, Kassie Meath; K-12 Math Director, Kelly Denn; Early Learning Program Administrator, Laurie Sjolund; Chief Financial Officer, Debbie Campbell; Educational Support Services Officer, Steve Sjolund; Career and Technical Education Intern, Shannon Thiessen; Athletics Director, Tim Thomsen; K-12 Student Leadership and Community Outreach Program Administrator, John Norlin; ELL and Student Services Director, Tyler Stiner; Maintenance and Operations Director, Mark Baumgarten; Research and Assessment Director, Dan Lysne; Elementary School Support and Improvement Officer, Beth Dykman; Elementary Literacy Program Administrator, Elli McDaniel; Special Services Instructional Specialist, Leslie Hurst; Mountain View Middle School Principal, Curtis Hurst; Mountain View Middle School Vice Principal, Tatia Holme; Recording Secretary, Bailey Ottenad

Visitors:25

2. Flag Salute

3. Recognition of Greeters

Bonney Lake High School student, Ryan Sadler, introduced himself to the School Board.

School Board President, Erin Markquart, excused Director Rick Hendricks from the Board meeting.

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Moved by Deb Norris to approve the agenda as presented; Seconded by Casey Chamberlain. Motion passed unanimously.

5. Approval of Previous Meeting Minutes

Moved by Casey Chamberlain that the Board approve the minutes of the February 17 Regular meeting, March 2 Special Board meeting, March 9 Special Board meeting, and March 10 Board Retreat; Seconded by Deb Norris. Motion passed unanimously.

6. Consent Items

Moved by Deb Norris that the Board accept the consent items and supplemental consent items as presented; Seconded by Casey Chamberlain. Director, Paul Williams, asked if the district offers a leave of absence for classified staff equivalent to the .5 leave of absence for SEA President, Gabrielle Wright. Assistant Superintendent of Human Resources, Marc Brouillet, clarified that SEA is the only group that has requested the arrangement as part of bargaining. Motion passed unanimously.

7. Acceptance of Donation

Moved by Paul Williams that the Board accept the donation from Crestwood Elementary Parent Teacher Association in the amount of $3,200.00 for 1st, 2nd, and 5th grade field trips; Seconded by Casey Chamberlain. Motion passed unanimously.

8. Audience Comments

Emily Smith, 3118 N. Ferdinard St., addressed her concerns regarding the District’s library program. Emily asked the District to review their decision to have one District Certificated Librarian oversee 8 elementary schools. Emily asked if this decision was financial or data driven and for the District to look at neighboring school districts for library models.

Kandy Rose, 1603 Vine St., said she has a variety of experiences serving in elementary and middle school libraries and is concerned for the future of Sumner School District libraries. She said data shows a strong correlation between the reduction in library services and decreased student achievement.

Mary Cofield, 18916 101st St Ct E, spoke on behalf of supporting libraries in Sumner School District. Mary asked for the reasoning behind having a Technology Specialist in every library as opposed to a Certificated Librarian. Mary would like the District to consider getting buy-in from teachers, parents, and the community.

Steve Allsop, 1427 Willow St., spoke regarding his concerns for adding an Early Learning Center on the Sumner Middle School campus. Steve said while the District is early in its process, he would appreciate it if the district would consider another site for the Early Learning Center due to traffic congestion.

Sarah Hertlein, 15817 66th St. E., thanked everyone who came to support Sumner School District’s libraries. Sarah said there are long-term negative ramifications when libraries are employed with uncertificated staff. Sarah hopes that a conversation regarding the elementary libraries begins and that it includes Librarians.

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School Board President, Erin Markquart, thanked everyone who signed up to comment. Erin said Acting Superintendent, Laurie Dent, and staff would answer questions and address concerns regarding libraries at the break.

9. School Insight: Mountain View Middle School

Mountain View Middle School (MMS) Principal, Curtis Hurst, thanked the School Board for the opportunity to present tonight. Curtis said one of the District’s goals is to support social and emotional health in students and that is what MMS has accomplished through the Momentum Club. MMS Vice Principal, Tatia Holme, introduced four students from the Momentum Club. Students said Momentum focuses on a variety of kindness activities and donation drives that celebrate good things at MMS.

School Board President, Erin Markquart, thanked MMS for their presentation and the students for being powerful leaders in Sumner School District.

10. Recognition - Roll of Honor

Acting Superintendent, Laurie Dent, spoke to the amazing things happening in the Sumner School District. Laurie honored all classified district staff for the amazing work they accomplish and thanked over 600 employees for their dedication and service to schools.

Acting Superintendent, Laurie Dent, and Executive Director of Career and College Readiness, Sharon Fochtman, introduced the award winning Bonney Lake High School Culinary Team. The BHS Culinary Team will serve their award winning dinner on April 8 at Bonney Lake High School to raise money for Nationals. Tickets can be purchased by calling Bonney Lake High School at 253-891-5700.

Acting Superintendent, Laurie Dent, thanked the English Language Arts Adoption Team for the tireless amounts of energy they have put in to identifying and selecting curriculum aligned to the Washington State Learning Standards. Laurie said she is honored to have worked on the Adoption project and said their accomplishments will completely change the structure of literacy in Sumner School District.

Activities/Athletics Director, Tim Thomsen, presented student winter athletic successes. Tim said he is very proud of all sports and programs in Sumner School District!

11. Superintendent Comments

Acting Superintendent, Laurie Dent, said she doesn’t need to reiterate what an incredible place Sumner School District is to work. Laurie said she is honored to serve in her current capacity for Sumner School District and she couldn’t be more proud.

12. Board Member Comments

School Board Member, Casey Chamberlain, spoke to the amazing work Sumner School District has done for his family and how his daughters’ have learned leadership skills that have impacted and influenced positive relationships.

School Board Member, Paul Williams, said Mary Poppins was a great performance. He looks forward to the opening of the Bonney Lake High School Performing Arts Center.

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School Board Vice President, Deb Norris, welcomed Acting Superintendent, Laurie Dent, and reaffirmed her excitement in working together. Deb thanked Business Services for reviewing the District’s finances at the March 10 Retreat.

Meeting Recessed: 6:50 p.m.

Meeting Reconvened: 7:00 p.m.

13. Reports

Chief Financial Officer, Debbie Campbell, updated the School Board on enrollment, staff, and budget for the 2016-17 School Year.

14. Unfinished Business

a. K-12 English Language Arts Adoption – Second Reading

Moved by Paul Williams to adopt K-5, Core Knowledge Language Arts, and 6-12, Collections, English Language Arts material; Seconded by Casey Chamberlain. School Board President, Erin Markquart, said she is incredibly impressed with the English Language Arts Adoption Team. Motion passed unanimously.

15. New Business

a. Architectural Services Recommendation

Moved by Deb Norris to approve Erickson McGovern Architects and BLRB Architect for the 2016 Bond projects; Seconded by Paul Williams. Director, Paul Williams, asked if the District has used Erickson McGovern for past projects. Educational Support Services Officer, Steve Sjolund, said yes. Motion passed unanimously.

b. Resolution No. 19/15-16: Subordination Agreement

Moved by Paul to adopt Resolution No. 19/15-16: Subordination agreement relating to a portion of a certain stormwater easement regarding Eismann Elementary School; Seconded by Casey Chamberlain. Motion passed unanimously.

16. Information Only

a. Upcoming Board Meetings

A Study Session is scheduled for April 13. A Regular meeting is scheduled for April 20. Both meetings

will be held at 6:00 p.m. in the Central Office Board Room.

b. Budget Status Report

The Budget Status Report for February was included for Board information.

c. Community Summit – March 21

Join with neighbors, local leaders, youth and community organizations to examine topics of importance

to the health of our communities. By participating in the Summit, you will gain information about local

issues, be inspired to take action, and become meaningfully involved in creating solutions to addressing

tough topics.

March 21, 2016

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5:00 – 8:00 p.m.

Calvary Community Church

Event registration and check-in will begin at 3:30 p.m.; Breakout session groups meet at 5 p.m.;

complimentary dinner featuring Keynote Speaker, Joe Ehrmann, and presentation of Community

Impact and Unsung Hero awards begin at 6 p.m.

This event is free and open to the first 375 registrants; pre-registration is required. Register online or

call the STARR Projects at (253) 891-6066.

17. Executive Session

In accordance with the Open Public Meetings Act provision for Executive Sessions, RCW 42.30.110(i) and

RCW 42.30.140(4)(a), School Board President, Erin Markquart, announced that the Sumner School District

Board of Directors would hold an Executive Session for the purposes of discussing potential litigation and

contract negotiations. The Executive Session would last 60 minutes and action was not anticipated following

the session.

Meeting Recessed to Executive Session: 7:38 p.m.

Meeting Reconvened: 8:32 p.m.

18. Adjournment

Moved by Deb Norris that the Board of Directors adjourn the March 16 Regular meeting; Seconded by Casey

Chamberlain. Motion passed unanimously.

Meeting adjourned: 8:33 p.m.

________________________________ Laurie Dent, Acting Secretary Board of Directors

Attest: ______________________________

Erin Markquart, President Board of Directors

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Board of Directors






Mission






April 6, 2016 Special Meeting – Meeting Minutes


School Board President, Erin Markquart, called the April 6 Meeting of the Board of Directors of Sumner School District No. 320 to order at 6:00 p.m. in the Central Office Board Room.

Present:

Erin Markquart, Deb Norris, Paul Williams, Casey Chamberlain, Rick Hendricks

Acting Superintendent, Laurie Dent; Assistant Superintendent of Human Resources, Marc Brouillet; Chief Financial Officer, Debbie Campbell; Recording Secretary, Bailey Ottenad

Visitors:1

2. Flag Salute


School Board President, Erin Markquart, requested the agenda be amended to remove Item 4, Sumner Support Service Directors’ Association Collective Bargaining Agreement, and include an extended conversation in executive session regarding contract negotiations pursuant to RCW 42.30.140(4)(a) with possible action following the session. I would also like to request the agenda be rearranged and executive session be moved from item 6 to item 4.

Moved by Paul Williams that the agenda be amended to remove Item 4, Sumner Support Service Directors’ Association Collective Bargaining Agreement, and include an extended conversation in executive session regarding contract negotiations pursuant to RCW 42.30.140(4)(a) with possible action following the session. I would also like to request the agenda be rearranged and executive session be moved from item 6 to item 4; Seconded by Deb Norris. Motion passed unanimously.

Moved by Casey Chamberlain to approve the agenda with amendments; Seconded by Paul Williams. Motion

passed unanimously.

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In accordance with the Open Public Meetings Act provision for Executive Session, RCW 42.30.140(4)(a),

School Board President, Erin Markquart, announced the Sumner School Board of Directors would hold an

Executive Session for the purposes of discussing contract negotiations. The Board anticipates Executive

Session to last 60 minutes and possible action may follow.

Meeting Recessed to Executive Session – 6:02 p.m.

Meeting Reconvened – 7:03 p.m.

School Board President, Erin Markquart, asked for an extension of 45 minutes in Executive Session pursuant

to RCW. 42.30.140(4)(a).



School Board President, Erin Markquart, requested a motion to approve the Collective Bargaining Agreement

between the Sumner School District and the Sumner Support Service Director’s Association effective July 1,

2015-June 30, 2018.

Moved by Deb Norris that the Board approve the Collective Bargaining Agreement between the Sumner

School District and the Sumner Support Service Directors’ Association effective July 1, 2015-June 30, 2018;

Seconded by Casey Chamberlain. Motion passed 3-2.

School Board President, Erin Markquart, announced the Sumner School Board of Directors would recess to

Executive Session to discuss further contract negotiations pursuant to RCW 42.30.140(4)(a). The Executive

Session would last 45 minutes and possible action may follow.



School Board President, Erin Markquart, announced the School Board would schedule a Board Retreat at a

later date to discuss Board Retreat items on tonight’s agenda.

5. Adjournment

Moved by Casey Chamberlain that the Board of Directors adjourn the April 6 Special Board Meeting and Board

Retreat; Seconded by Deb Norris. Motion passed unanimously.

Meeting adjourned – 8:39 p.m.


________________________________ Laurie Dent, Secretary Board of Directors

Attest: ______________________________




Board of Directors






Mission






April 13, 2016 Study Session – Meeting Minutes


School Board President, Erin Markquart, called the April 13 Meeting of the Board of Directors of Sumner School District No. 320 to order at 6:00 p.m. in the Central Office Board Room.

Present:

Erin Markquart, Deb Norris, Paul Williams, Casey Chamberlain, Richard Hendricks

Acting Superintendent, Laurie Dent; Instructional Services Acting Assistant Superintendent, Deb Barlow; Human Resources Assistant Superintendent; Marc Brouillet; Athletics Director, Tim Thomsen; Maintenance and Operations Director, Mark Baumgarten; Special Services Director, Traci Donohue; Educational Support Services Offer, Steve Sjolund; Elementary School Support and Improvement Officer, Beth Dykman; K-12 Student Leadership and Community Outreach Program Administrator, John Norlin; Elementary Literacy Program Administrator, Elli McDaniel; Early Learning Program Administrator, Laurie Sjolund; K-12 Math Director, Kelly Denn; Secondary Literacy Director, Kassie Meath; Communications Manager, Sarah Gillispie; Career and College Readiness Intern, Shannon Thiessen; Research and Assessment Director, Dan Lysne; Chief Financial Officer, Debbie Campbell; SEA President, Gabrielle Wright; Career and College Readiness Executive Director, Sharon Fochtman; Research and Assessment Director, Dan Lysne; Instructional Services Officer, Michelle Lewis; Special Services Officer, Keoni Smith; Recording Secretary, Bailey Ottenad

Visitors: 1

2. Flag Salute


School Board President, Erin Markquart, referenced Agenda Item 8. Executive Session, and asked that the agenda be amended to add “and RCW 42.30.140(4)(a)” after RCW 42.30.110(c)(i) and strike “and” after real estate matter and a “comma” be added in its place and for the words “and Acting Superintendent contract negotiations” be added after potential litigation.

Moved by Deb Norris to amend the agenda and add “and RCW 42.30.140(4)(a)” after RCW 42.30.110(c)(i) and strike “and” after real estate matter and a “comma” be added in its place and for the words “and Acting Superintendent contract negotiations” be added after potential litigation; Seconded by Casey Chamberlain. Motion passed unanimously.


Moved by Casey Chamberlain to approve the agenda with amendments; Seconded by Deb Norris. Motion passed unanimously.

4. Reports

a. Bond Delegation Presentation

Chief Financial Officer, Debbie Campbell, informed the Board the District is planning to sell its first round of bonds this June. The bonds will be priced on June 6 and the bond sale of $75 million will happen on June 7. The School Board will approve 3 resolutions at the April 20 Board meeting relating to the bond sale: Resolution No. 20 Ratification and Confirmation of Acting Superintendent Appointment, Resolution No. 21 State Guarantee, and Resolution No. 22 Bond Delegation.

b. Elementary Technology Specialist

Acting Assistant Superintendent of Instructional Services, Deb Barlow and Instructional Services Officer, Michelle Lewis, presented the rationale behind Sumner School District’s shift to staffing school libraries with an Elementary Technology Specialist. Deb spoke to the equity across district schools and the need to provide each student with the same opportunities no matter which elementary school they attend. Deb reiterated that Sumner School District is not closing any libraries and no Librarians are losing their jobs.

c. Standards Based Grading

Acting Assistant Superintendent, Deb Barlow, presented the Sumner School District’s rationale for moving away from Standards Based Grading. Standards Based Reporting came to Sumner School District in 2011 as a package of Standards Based Teaching, Assessment, and Grading. While Sumner School District will keep Standards Based Teaching and Assessment, beginning in the Fall of 2017, the District will revert back to an A,B,C,D grading model at all middle schools.

d. Budget Update

Chief Financial Officer, Debbie Campbell, updated the School Board on enrollment, staffing, budget, and Legislative implications for the 2016-17 School Year.

e. Maple Lawn Elementary Parking Lot Expansion

Educational Support Services Officer, Steve Sjolund, Chief Financial Officer, Debbie Campbell, and Maintenance and Operation Director, Mark Baumgarten, spoke to the need for additional parking on the Maple Lawn Elementary campus. The parking lot expansion will add an additional 72 spots and help alleviate some of the street parking congestion. The School Board will take action on April 20 and, if approved, will allow the District to move forward with planning with an estimated project completion of late October to early November 2016. The project will be funded out of the existing capital facility budget.

f. Policy and Procedure

Human Resources Assistant Superintendent, Marc Brouillet, presented new policy and procedure 2409 Credit for Competency-Proficiency and revised policy and procedure 2421 Promotion/Retention. New and revised policies 2409 and 2421 will go for first reading and comment at the April 20 Board meeting.

5. April 20 Agenda Review

Acting Superintendent, Laurie Dent, reviewed the April 20 agenda with the School Board.

6. Board Presentation Planning

This is a time on the agenda when the School Board reviews upcoming presentations and makes requests for future presentations.


7. Board Discussion

School Board Member, Rick Hendricks, commented on his attendance at the National School Board Association Conference where he met an individual who knew of John Norlin and the effectiveness of the district student leadership model. Rick thanked John for the strong leadership program he has created at Sumner High School.

School Board Member, Paul Williams, praised the new Study Session format and thanked all presenters. Paul also commented on the School Board Conference and valued the time spent in Boston.

School Board Vice President, Deb Norris, said the Board learned a wealth of new information from the National School Board Association Conference and looks forward to sharing it with Acting Superintendent, Laurie Dent.

School Board President, Erin Markquart, said the Board brought many things back from the National School Board Association conference that will help them grow.


In accordance with the Open Public Meetings Act provision for Executive Session, RCW 42.30.110(c)(i) and RCW 42.30.140(4)(a), School Board President, Erin Markquart, announced the Sumner School Board of Directors would hold an Executive Session for the purposes of discussing a real estate matter, potential litigation and Acting Superintendent contract negotiations. The Board anticipates Executive Session to last 60 minutes and action was not anticipated.



School Board President, Erin Markquart, asked for an extension of 30 minutes in Executive Session pursuant to RCW 42.30.110(c)(i) and RCW 42.30.140(4)(a).



9. Adjournment

Moved by Deb Norris to adjourn the April 13 Study Session; Seconded by Paul Williams. Motion passed unanimously.

Meeting adjourned: 9:11 p.m.

________________________________ Laurie Dent, Secretary Board of Directors

Attest: ______________________________



Date

Approved by

HR Name Position Location Type Effective

3/17/2016 Thackeray, Britta Teacher - 2nd Daffodil Valley

Rehire on a 1.0 FTE

provisional contract 2016/17

3/25/2016 Roberts, Lisa Counselor Donald Eismann

New hire on a 1.0 FTE


3/28/2016 Despain, Shannon Teacher - 5th Emerald Hills



3/28/2016 Russell, Peggy

Technology

Specialist Emerald Hills

Rehire on a 1.0 FTE


3/30/2016 Weinman, Taylor Teacher - 3rd Emerald Hills



4/4/2016 Herda, Jennifer

Speech Language

Pathologist Lakeridge

New hire on a .40 FTE


4/5/2016 Rea-Smith, Aaron Teacher - 5th Victor Falls



4/6/2016 Nix, Robert Teacher - Math Sumner High


leave replacement

contract

4/6/16 through

remainder of the

2015/16 school

year

4/12/2016 Harter, Sheena Teacher - 3rd Crestwood



4/12/2016 Millie, Jonathan Teacher - 5th Maple Lawn



4/12/2016 Morse, Jeanette Teacher - English Sumner High



4/12/2016 Savage, Serena

Teacher -

Kindergarten Maple Lawn

Rehire on a 1.0 FTE


4/12/2016 Schmitz, Kimberly Teacher - 2nd Victor Falls



4/12/2016 Simmons, Alec

Dean of Students &

Behavior & Family

Support Specialist Sumner Middle

Rehire on a 1.0 FTE


4/13/2016 Baldwin, Michael Teacher - 4th Liberty Ridge

Rehire on a 1.0 FTE


April 20 Board Meeting

Personnel Contracts


Date

Approved by



4/13/2016 Blanco, Melissa Teacher - 4th Maple Lawn

Rehire on a 1.0 FTE


4/13/2016 Cierkowski, Stacy Teacher - 5th Maple Lawn



4/13/2016 Anderson, Dianna Teacher - 2nd Victor Falls



4/13/2016 Petosky, Janice Teacher - Music Donald Eismann

Rehire on a 1.0 FTE


4/15/2016 Elliott, Allison Counselor Liberty Ridge



4/15/2016 Nix, Robert Teacher - Math Bonney Lake High

Rehire on a 1.0 FTE


4/18/2016 Bailey, Kerri Teacher - 2nd

Bonney Lake

Elementary

Rehire on a 1.0 FTE


4/18/2016 Blanton, Christine

Teacher -

Kindergarten Donald Eismann

Rehire on a 1.0 FTE


4/18/2016 Mitchell, Nicole Teacher - 2nd

Bonney Lake

Elementary


leave replacement

contract 2016/17

4/18/2016 Pedack, Daniel Teacher - 3rd

Bonney Lake

Elementary

Rehire on a 1.0 FTE


3/17/2016 Sanderson, Tamara Paraeducator Victor Falls New hire, time-limited 3/17/2016

3/18/2016 Bourgeois, Malcolm

Computer

Technician Administration Rehire, time-limited 2016/17

3/18/2016 Holter, Vincene

Licensed Practical

Nurse - Floater Administration New hire, ongoing 4/6/2016

3/21/2016 Cray, Chad

After School Project

Director STARR Program Rehire, time-limited 2016/17

3/21/2016 Melendez, Amber

After School Site

Coordinator STARR Program Rehire, time-limited 2016/17

3/21/2016 Nygard, Kimberley

Drug-Free

Communities

Program


Offers of Employment


Date

Approved by



3/21/2016 Sadler, Jonathan

After School Site


3/22/2016 Schrader, Patricia

Custodian III Nights -

Floater M&O New hire, ongoing 3/21/2016

3/23/2016 Young, Jacob

Journey-Level

Electrician M&O New hire, ongoing 4/4/2016

3/30/2016 O'Leary, Jennifer Paraeducator Daffodil Valley New hire, time-limited 3/16/2016

3/30/2016 Purdum, John Paraeducator

Community Based

Program Rehire, time-limited 2016/17

4/4/2016 Alexander, Sarah Paraeducator Daffodil Valley New hire, time-limited 3/16/2016

4/8/2016 Donnaway, Jay

Resource

Conservation

Manager Administration Rehire, time-limited 2016/17

4/8/2016 Knesebeck, Jenifer

Child Nutrition

Assistant Emerald Hills New hire, ongoing 4/11/2016

4/8/2016 Stoss, Beverly

Human Resources

Assistant Administration Rehire, time-limited 2016/17

4/12/2016 Niles, Sherry

Before & After

School Site Director Recreation New hire, ongoing 4/22/2016

4/14/2016 Craig, Carrie Paraeducator Mt View Rehire, ongoing 2016/17

4/14/2016 Crooker, Lori Paraeducator Mt View Rehire, ongoing 2016/17

3/25/2016 Moore, Johnny Assistant Football Mt View Coaching Contract 2015/16

3/25/2016 Thiessen, Mark Assistant Football Sumner Middle Coaching Contract 2015/16

4/6/2016 Seavello, Anna Assistant Volleyball Lakeridge Coaching Contract 2015/16

4/12/2016 Turnbull, Katie

Head Cheerleading

Advisor Bonney Lake High Coaching Contract 2015/16

4/13/2016 Jackson, Jake

Head Boys

Basketball Sumner High Coaching Contract 2016/17

Supplemental Contracts

Separations


Date

Approved by



3/17/2016 Kelsey, Erin

Teacher - Language

Arts/Social Studies Sumner Middle Resignation End of 2015/16

3/18/2016 Lysen, Laura

Student Services

Secretary Bonney Lake High Resignation End of 2015/16

3/18/2016 Sullivan, Chris Principal Daffodil Valley Resignation 6/30/2016

3/18/2016 Volling, Kaitlyn Teacher - 2nd Liberty Ridge Resignation End of 2015/16

3/21/2016 Aparicio, Guadalupe Paraeducator Daffodil Valley Resignation 3/18/2016

3/22/2016 Stansberry, Meghann Literacy Specialist Daffodil Valley Resignation End of 2015/16

3/23/2016 Mullins, Marshall

Custodian III Nights -

3rd Shift Bonney Lake High Resignation 4/1/2016

3/25/2016 Fulk, Loretta Paraeducator Mt View

Retirement - 26 years

w/SSD End of 2015/16

3/25/2016 Nichols, John

Teacher - Language

Arts/Social Studies Sumner Middle


teaching w/SSD End of 2015/16

4/5/2016 Coffin, Jessica Paraeducator Crestwood Resignation 3/25/2016

4/5/2016 Lewis, Mary Paraeducator Mt View



4/5/2016 Krog, Judy

Teacher - Family &

Consumer Science Sumner Middle

Retirement - 40.5 years

of teaching w/39.5 years

@ SSD End of 2015/16

4/5/2016 Lynch, Sandra Paraeducator Crestwood



4/6/2016

Davison, Margaret

"Peggy" Paraeducator Crestwood



4/7/2016 Linville, Julie

Administrative

Secretary - STARR STARR Program Resignation 5/20/2016

4/11/2016 Anderson, Megan Teacher - Music Emerald Hills Resignation End of 2015/16

4/11/2016 Guyant, Stacy

Instructional

Services Secretary Administration Resignation 5/31/2016


Date

Approved by



4/14/2016 Ladner, Elizabeth Teacher - 1st Maple Lawn

Retirement - 24.3 years


3/21/2016 Harshman, Megan LAP Teacher Donald Eismann

New request for .20 FTE

leave without pay 2016/17

3/21/2016 Robertson, Jennifer

Technology

Specialist

Bonney Lake

Elementary

Continued request for .20

FTE leave without pay 2016/17

4/6/2016 Thaanum, Melissa LAP Teacher Crestwood



4/8/2016 Rosal, Leah Teacher - 2nd Donald Eismann

New request for 1.0 FTE

leave without pay 2016/17

4/15/2016 Lanier, Sara School Psychologist Administration



3/18/2016 Miller, Sandy Planning Principal Elementary #9

Administrative

Appointment 7/1/2016

Leave of Absence

Administrative Appointments

Reduction in Force


QTY UOM ITEM DESC BRAND MODEL

233 BOXES BOOKS, MISC LIBRARY

1 121148 CAMERA, DOCUMENT AVERMEDIA AVERVISION300A

1 EA CHAIR

1 126363 COMPUTER GATEWAY E46100

1 122438 COMPUTER LENOVO A70Z



1 121481 COMPUTER MAC





1 123776 LAPTOP LENOVO THINKPAD

1 EA MONITOR ACER AL1912

1 EA MONITOR VIEWSONIC VG2230WM

1 123711 NETBOOK LENOVO X120E




























SUMNER SCHOOL DISTRICT

SURPLUS REMOVAL AUTHORIZATION

April 20, 2016

April Surplus PAGE 1 OF 2 4/13/2016


QTY UOM ITEM DESC BRAND MODEL

SUMNER SCHOOL DISTRICT

SURPLUS REMOVAL AUTHORIZATION

April 20, 2016



3 EA PHONES, BAGS OF OFFICE VARIOUS

1 118857 PRINTER HP LJ2420

1 118662 PRINTER HP LJ2420DN

1 120066 PRINTER HP LJ2420DN

1 108992 PRINTER HP LJ4050N

1 124782 PROJECTOR MITSUBISHI EX240

1 125117 PROJECTOR MITSUBISHI EX240U




1 103523 SERVER COMPAQ PROLIANT800

1 EA STATION, STANDING MONITOR

1 126402 TABLET IPAD 2

1 EA TUNER, DIGITAL TV CHANNELMASTER CM7001

1 EA UPS, BACKUP APC XL2U

8 BOXES VIDEOS, MISC. VHS

April Surplus PAGE 2 OF 2 4/13/2016


Warrants for Approval

April 20, 2016

Warrant #58575-58698 in the total amount of $641,756.40

General Fund $595,728.56

Capital Projects $19,999.93

ASB Fund $25,916.66

Warrant #58699 in the total amount of $3,600.00

ASB Fund $3,600.00




ASB Fund $47,024.47




ASB Fund $10,204.34




ASB Fund $7,191.35




ASB Fund $24,467.77

Private Purpose $34.55


Warrant #200926-200969 in the total amount of $6,901,502.31




Capital Projects $41.62

ASB Fund $823.82


BOARD MEETING DATE: April 20, 2016

TO: Laurie Dent, Acting Superintendent FROM: Karen Brown, Child Nutrition Director Cheryl Collins, Purchaser

RE: Fresh Produce Products Recommendation

DATE: March 29, 2016

RECOMMENDATION The Sumner School District would like to exercise the option to extend the contract with NW Fruit and Produce Co. for fresh produce services for the 2016-17 school year. The original contract number Produce Bid #1111 was awarded August 15, 2012 and provides for a renewal option of four (4) – one year extensions. RATIONALE The district is satisfied with the current products and services that NW Fruit and Produce has provided and recommends that the Board extend the contract for the period of September 1, 2016 – August 31, 2017.



TO: Laurie Dent, Acting Superintendent

FROM: Debbie Campbell, Executive Director Business Services Cheryl Collins, Purchaser

RE: Dairy Recommendation FD 1115

DATE: March 29, 2016

RECOMMENDATION The Sumner School District would like to exercise the option to extend the contract with Liberty Distributing for dairy products for the 2016-17 school year. The original contract number FD 1115 was awarded June 17, 2015, provides for a renewal option for three consecutive one-year extensions. RATIONALE The district is satisfied with the current products and services that Liberty Distributing has provided. The Administration recommends that the Board extend the contract for the period of September 1, 2016 – August 31, 2017.



TO: Laurie Dent, Acting Superintendent

FROM: Debbie Campbell, Executive Director Business Services Cheryl Collins, Purchaser

RE: Vending Service Recommendation RFP# 04-15 DATE: March 29, 2016

RECOMMENDATION The Sumner School District would like to exercise the option to extend the contract with Vista Vending for snacks and beverages for the 2016-17 school year. The original contract number was awarded May 13, 2015 and provides for a renewal option of four (4) consecutive one-year extensions. RATIONALE The district is satisfied with the current products and services that Vista Vending has provided. The Administration recommends that the Board extend the contract for the period of September 1, 2016 – August 31, 2017. Vista Vending’s products meet the Nutritional Guidelines set by the Sumner School District and the USDA “Smart Snacks in School” guidelines.


BOARD MEETING DATE: April 20, 2016 TO: Laurie Dent, Acting Superintendent FROM: Debbie Campbell, Executive Director Business Services Cheryl Collins, Purchaser RE: Middle School & High School Yearbooks DATE: March 29, 2016

RECOMMENDATION The Sumner School District would like to exercise the option to extend the contract with Balfour Yearbooks for middle and high school yearbook services for the 2016-17 school year. The original contract number Yearbook #0313 was awarded April 3, 2013 and provides for a renewal option of three (3) – one year extensions. RATIONALE The district is satisfied with the current yearbook services that Balfour Yearbooks has provided and recommends that the Board extend the contract for the period of September 1, 2016 – August 31, 2017.


SUMNER SCHOOL DISTRICT NO. 320PIERCE COUNTY, WASHINGTON

RESOLUTION NO. 20/15-16

A RESOLUTION of the Board of Directors of Sumner School District No. 320, Pierce County, Washington, relating to District administration; ratifying and confirming the appointment of Laurie D. Dent, as the Acting Superintendent of the District and Secretary to the Board; and providing for other matters properly relating thereto.

BE IT RESOLVED BY THE BOARD OF DIRECTORS OF SUMNER SCHOOL DISTRICT NO. 320, PIERCE COUNTY, WASHINGTON, AS FOLLOWS:

Section 1. Recitals and Findings. The Board of Directors (the “Board”) of Sumner School District No. 320, Pierce County, Washington (the “District”) takes note of the following facts and hereby makes the following findings and determinations:

(a) The Superintendent of the District and Secretary to the Board, Sara E. Johnson (“Superintendent Johnson”), resigned effective June 30, 2016. However, as of March 2, 2016, Superintendent Johnson is no longer available to perform the duties of Superintendent of the District and Secretary to the Board, but serves only in a consulting capacity to the District. Consequently, the Board, on March 2, 2016, appointed Laurie D. Dent, the District’s current Assistant Superintendent of Instructional Services, to serve as Acting Superintendent of the District from March 2, 2016 through and including June 30, 2016.

(b) The Board now wishes to ratify and confirm its appointment of Laurie D. Dent, as Acting Superintendent of the District and Secretary to the Board from March 2, 2016 through and including June 30, 2016, to perform all duties as prescribed or authorized by the laws of the State of Washington and by the Board for the office Superintendent of the District and Secretary to the Board.

Section 2. Appointment of Acting Superintendent. The Board hereby appoints Laurie D. Dent, the District’s current Assistant Superintendent of Instructional Services, as Acting Superintendent of the District and Secretary to the Board (“Acting Superintendent Dent”), to perform all duties as prescribed or authorized by the laws of the State of Washington and by the Board for the office Superintendent of the District and Secretary to the Board. Acting Superintendent Dent shall serve in such capacity from March 2, 2016 through and including June 30, 2016.

Section 3. Further Action and Ratification of Prior Action. Acting Superintendent Dent, the President of the Board, the District’s Chief Financial Officer and other appropriate officers of the District are hereby further authorized to take all other action, to do all other things consistent with this resolution, and to execute all other documents necessary to effectuate the provisions of this resolution. All actions heretofore taken in furtherance thereof and not inconsistent with the provisions of this resolution are hereby ratified and confirmed in all respects.


Section 4. Effective Date. This resolution shall be in full force and effect from and after its adoption.

ADOPTED by the Board of Directors of Sumner School District No. 320, Pierce County, Washington, at a regular open public meeting thereof, held this 20th day of April, 2016, the following Directors being present and voting in favor of the resolution.


President and Director

Vice President and Director

Director

Director

DirectorATTEST:

LAURIE D. DENTSecretary to the Board of Directors


DRAFT: 04/13/16

51515388.1



A RESOLUTION of the Board of Directors of Sumner School District No. 320, Pierce County, Washington, authorizing a request for a Certificate of Eligibility from the State Treasurer pursuant to chapter 39.98 RCW and the rules adopted thereunder by the State Finance Committee; designating the Secretary to the Board of Directors and/or the District’s Chief Financial Officer, as the officials authorized to file with the State Treasurer, on behalf of the District, the request for a Certificate of Eligibility; authorizing the approval and distribution of a preliminary official statement; and providing for other matters properly relating thereto, all as more particularly set forth herein.

ADOPTED: APRIL 20, 2016

This document prepared by:

FOSTER PEPPER PLLC1111 Third Avenue, Suite 3000

Seattle, Washington 98101(206) 447-5339




A RESOLUTION of the Board of Directors of Sumner School District No. 320, Pierce County, Washington, authorizing a request for a Certificate of Eligibility from the State Treasurer pursuant to chapter 39.98 RCW and the rules adopted thereunder by the State Finance Committee; designating the Secretary to the Board of Directors and/or the District’s Chief Financial Officer, as the officials authorized to file with the State Treasurer, on behalf of the District, the request for a Certificate of Eligibility; authorizing the approval and distribution of a preliminary official statement; and providing for other matters properly relating thereto, all as more particularly set forth herein.

BE IT RESOLVED BY THE BOARD OF DIRECTORS OF SUMNER SCHOOL DISTRICT NO. 320, PIERCE COUNTY, WASHINGTON, as follows:

Section 1. Findings and Determinations. The Board of Directors (the “Board”) of Sumner School District No. 320, Pierce County, Washington (the “District”) takes note of the following facts and hereby makes the following findings and determinations:

(a) Pursuant to Resolution No. 13/08-09, adopted by the Board on January 14, 2009, the District issued, sold and delivered its Unlimited Tax General Obligation Bonds, 2009, in the principal amount of $10,000,000, dated January 28, 2009 (the “2009 Bonds”), and by Resolution No. 13/08-09 reserved the right to refund the 2009 Bonds. There is presently outstanding $10,000,000 principal amount of the 2009 Bonds that may be refunded under Resolution No. 13/08-09 (the “2009 Outstanding Bonds”).

(b) Pursuant to Resolution No. 7/09-10, adopted by the Board on December 16, 2009, the District issued, sold and delivered its Unlimited Tax General Obligation Bonds, Series 2010A (Tax-Exempt), in the principal amount of $40,961,211, dated January 6, 2010 (the “2010 Bonds”), and by Resolution No. 7/09-10 reserved the right to refund a portion of the 2010 Bonds. There is presently outstanding $32,060,000 principal amount of the 2010 Bonds that may be refunded under Resolution No. 7/09-10 (the “2010 Outstanding Bonds”).

(c) Both the 2009 Bonds and the 2010 Bonds were approved by the District’s voters on May 15, 2007, pursuant to Resolution No. 9/06-07, adopted by the Board on March 14, 2007. A true and correct copy of Resolution No. 9/06-07 is attached hereto as Exhibit “A” and by this reference is incorporated herein.

(d) It is in the best interest of the District to refund all or a portion of the 2009 Outstanding Bonds and the 2010 Outstanding Bonds with the sale, issuance and delivery of the District’s unlimited tax general obligation refunding bonds in one or more series, the aggregate principal amount of which shall not exceed $47,500,000 (the “Refunding Bonds”). The Board, depending upon market conditions, may refund all or a portion of only the 2009 Outstanding Bonds with the Refunding Bonds, the aggregate principal amount of which shall not exceed


-2-

$11,000,000. The Board, depending upon market conditions, may refund all or a portion of only the 2010 Outstanding Bonds with the Refunding Bonds, the aggregate principal amount of which shall not exceed $36,500,000. Reference to the term “Refunding Bonds” in this Resolution No. 21/15-16 includes the combined or separate series of unlimited tax general obligation refunding bonds issued to refund all or a portion of the 2009 Outstanding Bonds and the 2010 Outstanding Bonds, as described above in this paragraph.

(e) Pursuant to the Washington State School District Credit Enhancement Program, authorized by chapter 39.98 RCW (the “Guarantee Program”), the State of Washington (the “State”) is authorized to pledge its full faith, credit and taxing power to guarantee the payment of voter-approved school district general obligation bonds. The purpose of the Guarantee Program is to encourage lower interest rates for such bonds than school districts alone can command, thereby providing a savings to the taxpayers. Certain rules to implement and administer the Guarantee Program under chapter 39.98 RCW have been adopted by the State Finance Committee (the “Rules”). To become eligible under the Guarantee Program, as codified in chapter 39.98 RCW, and the Rules, the Board is required to adopt a resolution that: (i) authorizes the District to request a Certificate of Eligibility from the State Treasurer; and (ii) designates a District official to file with the State Treasurer, on behalf of the District, the request for a Certificate of Eligibility. It is in the best interests of the District’s taxpayers to request the State’s guaranty for payment of the Refunding Bonds under the Guarantee Program.

(f) It is in the best interests of the District to authorize the approval and distribution of any preliminary official statement prepared in connection with the sale of the Refunding Bonds to comply with Securities and Exchange Commission Rule 15c2-12 (“Rule 15c2-12”).

Section 2. Request for Certificate of Eligibility. The Board hereby authorizes the District to request a Certificate of Eligibility from the State Treasurer evidencing the State’s guaranty for payment of the Refunding Bonds pursuant to the Guarantee Program under chapter 39.98 RCW and the Rules.

Section 3. Authorized District Officials. The Board hereby designates the Secretary to the Board (the “Secretary”) and/or the District’s Chief Financial Officer (the “Chief Financial Officer”), as the District officials authorized to file with the State Treasurer, on behalf of the District, the request for such a Certificate of Eligibility pursuant to the Guarantee Program under chapter 39.98 RCW and the Rules.

Section 4. Authorization to Issue the Refunding Bonds. The Refunding Bonds may be issued as a single series, as a part of a combined series with other authorized bonds, or in more than one series, all as deemed necessary and advisable by the Board and as permitted by law.

Section 5. Preliminary Official Statement. The Board hereby authorizes and directs the Secretary and/or the Chief Financial Officer to: (a) review and “deem final” (within the meaning of Rule 15c2-12), if necessary and upon such official’s satisfaction, any preliminary official statement prepared in connection with the sale of the Refunding Bonds (which preliminary official statement may include other authorized bonds if the Refunding Bonds are issued as a part of a combined issue); (b) authorize the “deemed final” preliminary official statement to be distributed prior to the date any underwriter or purchaser bids for, purchases,


-3-

offers or sells the Refunding Bonds; and (c) acknowledge in writing any action taken pursuant to clauses (a) and (b) of this paragraph.

Section 6. All Other Action; Ratification; and Repealer. The Secretary, the President of the Board, the Chief Financial Officer, the Director of Budget and Finance of Pierce County, Washington, and the District’s bond counsel, Foster Pepper PLLC, are hereby further severally authorized to take all other action, to do all other things consistent with this resolution, and to execute all other documents necessary to effectuate the provisions of this resolution. All actions not inconsistent with the provisions of this resolution are hereby and in all respects ratified, approved and confirmed. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and shall have no further force or effect.

Section 7. Effective Date. This resolution shall be in full force and effect from and after its adoption.





Director

Director

DirectorATTEST:



EXHIBIT “A”

COPY OF RESOLUTION NO. 9/06-07


51515388.1

CERTIFICATION

I, LAURIE D. DENT, Secretary to the Board of Directors of Sumner School District No. 320, Pierce County, Washington (the “District”), hereby certify as follows:

1. The foregoing Resolution No. 21/15-16 (the “Resolution”) is a full, true and correct copy of the Resolution duly adopted at a regular meeting of the Board of Directors of the District (the “Board”) held at the regular meeting place thereof on April 20, 2016, as that Resolution appears on the minute book of the District, and the Resolution is now in full force and effect; and

2. A quorum of the members of the Board was present throughout the meeting and a sufficient number of members of the Board present voted in the proper manner for the adoption of the Resolution.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of April, 2016.




DRAFT: 04/13/16

51515435.1



A RESOLUTION of the Board of Directors of Sumner School District No. 320, Pierce County, Washington, relating to contracting indebtedness; providing for the issuance, fixing or setting parameters with respect to certain terms and covenants, and fixing the form of not to exceed $193,100,000 aggregate principal amount unlimited tax general obligation improvement and refunding bonds, in one or more series, to provide money with which to pay costs of carrying out and accomplishing certain capital improvements authorized by the qualified voters of the District and refunding, paying and redeeming certain of the District’s outstanding unlimited tax general obligation bonds; providing for and authorizing the purchase of certain obligations out of the proceeds of the sale of the bonds herein authorized and for the use and application of the money derived from those investments; appointing a refunding trustee and authorizing the execution of one or more agreements with that refunding trustee; providing for the call, payment and redemption of the outstanding bonds to be refunded; providing that payment of the bonds be guaranteed by the State of Washington; appointing the District’s designated representative pursuant to RCW 39.46.040(2) to approve the final terms of the issuance, sale and delivery of the bonds; and providing for other matters properly related thereto, all as more particularly set forth herein.

ADOPTED: APRIL 20, 2016

This document prepared by:

FOSTER PEPPER PLLC1111 Third Avenue, Suite 3000

Seattle, Washington 98101(206) 447-5339


i51515435.1

TABLE OF CONTENTS*Page

Section 1. Definitions............................................................................................................... 1Section 2. Findings and Determinations .................................................................................. 6Section 3. Authorization of Bonds........................................................................................... 7Section 4. Description of Bonds .............................................................................................. 8Section 5. Appointment of Designated Representative; Setting Parameters with

Respect to the Final Terms; Approval of Bond Purchase Agreements; Expiration of Authority........................................................................................... 8

Section 6. Bond Registrar; Registration and Transfer of Bonds.............................................. 8Section 7. Form and Execution of Bonds ................................................................................ 9Section 8. Payment of Bonds ................................................................................................. 10Section 9. Redemption Provisions and Purchase of Bonds ................................................... 10Section 10. Failure To Pay Bonds............................................................................................ 12Section 11. Pledge of Taxes..................................................................................................... 12Section 12. Tax Covenants. ..................................................................................................... 12Section 13. Refunding or Defeasance of the Bonds ................................................................ 13Section 14. Debt Service Fund and Deposit of Bond Proceeds............................................... 13Section 15. Capital Projects Fund; Deposit of Bond Proceeds and Reduction of Bond

Authorization ........................................................................................................ 14Section 16. Refunding of the Refunded Bonds........................................................................ 15Section 17. Official Statement; Continuing Disclosure........................................................... 17Section 18. Guarantee Program ............................................................................................... 18Section 19. Supplemental and Amendatory Resolutions......................................................... 18Section 20. General Authorization and Ratification ................................................................ 18Section 21. Severability ........................................................................................................... 18Section 22. Effective Date of Resolution................................................................................. 19

Exhibit A Parameters for Final TermsExhibit B Form of Undertaking to Provide Continuing Disclosure

*The cover page, table of contents and section headings of this resolution are for convenience of reference only, and shall not be used to resolve any question of interpretation of this resolution.




A RESOLUTION of the Board of Directors of Sumner School District No. 320, Pierce County, Washington, relating to contracting indebtedness; providing for the issuance, fixing or setting parameters with respect to certain terms and covenants, and fixing the form of not to exceed $193,100,000 aggregate principal amount unlimited tax general obligation improvement and refunding bonds, in one or more series, to provide money with which to pay costs of carrying out and accomplishing certain capital improvements authorized by the qualified voters of the District and refunding, paying and redeeming certain of the District’s outstanding unlimited tax general obligation bonds; providing for and authorizing the purchase of certain obligations out of the proceeds of the sale of the bonds herein authorized and for the use and application of the money derived from those investments; appointing a refunding trustee and authorizing the execution of one or more agreements with that refunding trustee; providing for the call, payment and redemption of the outstanding bonds to be refunded; providing that payment of the bonds be guaranteed by the State of Washington; appointing the District’s designated representative pursuant to RCW 39.46.040(2) to approve the final terms of the issuance, sale and delivery of the bonds; and providing for other matters properly related thereto, all as more particularly set forth herein.

BE IT RESOLVED BY THE BOARD OF DIRECTORS OF SUMNER SCHOOL DISTRICT NO. 320, PIERCE COUNTY, WASHINGTON, as follows:

Section 1. Definitions. In addition to the words and terms defined elsewhere in this resolution, the following words and terms as used in this resolution shall have the following meanings, unless the context or use indicates another or different meaning or intent. Unless the context indicates, words importing the singular number shall include the plural number and vice versa.

(a) “2009 Bonds” means the Sumner School District No. 320, Pierce County, Washington, Unlimited Tax General Obligation Bonds, 2009, dated January 28, 2009, issued in the original principal amount of $10,000,000 pursuant to the 2009 Resolution.

(b) “2009 Refunded Bonds” means all or a portion of the 2009 Refunding Candidates selected by the Designated Representative to be refunded with proceeds of Bonds and included in a Refunding Plan.

(c) “2009 Refunding Candidates” shall have the meaning set forth in Section 2(c) of this resolution.

(d) “2009 Resolution” means Resolution No. 13/08-09, adopted by the Board on January 14, 2009, authorizing the issuance, sale and delivery of the 2009 Bonds.


251515435.1

(e) “2010 Bonds” means the Sumner School District No. 320, Pierce County, Washington, Unlimited Tax General Obligation Bonds, Series 2010A (Tax-Exempt), dated January 6, 2010, issued in the original principal amount of $40,961,211 pursuant to the 2010 Resolution.

(f) “2010 Refunded Bonds” means all or a portion of the 2010 Refunding Candidates selected by the Designated Representative to be refunded with proceeds of Bonds and included in a Refunding Plan.

(g) “2010 Refunding Candidates” shall have the meaning set forth in Section 2(d) of this resolution.

(h) “2010 Resolution” means Resolution No. 7/09-10, adopted by the Board on December 16, 2009, authorizing the issuance, sale and delivery of the 2010 Bonds.

(i) “Acquired Obligations” means noncallable, nonprepayable Government Obligations purchased to accomplish the refunding of the Refunded Bonds.

(j) “Aggregate Purchase Price” means, with respect to any Series of Bonds, the price to be paid by the Purchaser for the Bonds of that Series, calculated as the stated principal amount of that Series, plus original issue premium, if any, net of original issue discount, if any, and less underwriter’s discount.

(k) “Authorized Denomination” means $5,000 or any integral multiple thereof within a maturity.

(l) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial interest in that Bond.

(m) “Board” means the Board of Directors of the District.

(n) “Bond Authorization” means the authorization to issue no more than $145,600,000 principal amount of unlimited tax general obligation bonds for the purpose of paying costs of carrying out and accomplishing the Projects, pursuant to the Bond Election Resolution and the special election held within the District on February 9, 2016.

(o) “Bond Counsel” means the firm of Foster Pepper PLLC, its successor or any other attorneys or firm of attorneys with a nationally recognized standing as bond counsel in the field of municipal finance selected by the Board.

(p) “Bond Election Resolution” means Resolution No. 9/15-16, adopted by the Board on November 18, 2015, authorizing a proposition to be submitted to the qualified voters of the District for their approval or rejection at a special election held therein on February 9, 2016, with respect to the Bond Authorization.

(q) “Bond Purchase Agreement” means an offer to purchase Bonds (or any Series of Bonds), presented by the Purchaser and accepted by the Designated Representative, setting forth certain terms and conditions of the issuance, sale and delivery of such Bonds.


351515435.1

(r) “Bond Register” means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of each Bond.

(s) “Bond Registrar” means the fiscal agent of the State, as the same may be designated by the State from time to time, or any successor bond registrar selected by the Treasurer.

(t) “Bonds” means the unlimited tax general obligation improvement and refunding bonds, issued in one or more Series, pursuant to and for the purposes provided in this resolution.

(u) “Capital Projects Fund” means the Sumner School District No. 320, Pierce County, Washington, Capital Projects Fund heretofore created pursuant to RCW 28A.320.330 and referred to in Section 15 of this resolution.

(v) “Certificate of Eligibility” shall have the meaning set forth in Section 2(g) of this resolution.

(w) “Chief Financial Officer” means the District’s Chief Financial Officer or such other officer of the District who may in the future perform the duties of that office, if any.

(x) “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder.

(y) “Debt Service Fund” means the Sumner School District No. 320, Pierce County, Washington, Debt Service Fund heretofore created pursuant to RCW 28A.320.330 for the payment of the Bonds and referred to in Section 14 of this resolution.

(z) “Designated Representative” means the officer or employee of the District appointed in Section 5 of this resolution to serve as the District’s designated representative in accordance with RCW 39.46.040(2) for purposes of accepting and executing, on behalf of the District, one or more Bond Purchase Agreements on terms consistent with this resolution and the parameters set forth herein.

(aa) “District” means Sumner School District No. 320, Pierce County, Washington.

(bb) “District Contribution” means legally available money of the District, in addition to proceeds of any Series of Bonds, necessary or advisable to accomplish any Refunding Plan, as determined by the Designated Representative.

(cc) “DTC” means The Depository Trust Company, New York, New York, or its nominee.

(dd) “Final Terms” means the terms and conditions for a Series of Bonds set forth in the Bond Purchase Agreement for such Series of Bonds, including the principal amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or


451515435.1

rates), payment dates, final maturity, redemption rights, prices, and minimum savings, if any, for that Series of Bonds.

(ee) “Government Obligations” shall have the meaning given in RCW 39.53.010, as now in effect or hereafter amended.

(ff) “Guarantee Program” means the Washington State School District Credit Enhancement Program as authorized in Article VIII, Section 1(e) of the Washington Constitution and chapter 39.98 RCW.

(gg) “Issue Date” means, with respect to each Series of Bonds, the date of initial issuance and delivery of such Series of Bonds to the Purchaser in exchange for the purchase price of such Bonds.

(hh) “Letter of Representations” means the Blanket Issuer Letter of Representations between the District and DTC, dated May 9, 1997, as it may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository.

(ii) “MSRB” means the Municipal Securities Rulemaking Board.

(jj) “Net Premium” means, with respect to any Series of Bonds, that portion of original issue premium, if any, that is in excess of the sum of (i) original issue discount, if any, and (ii) the underwriter’s discount.

(kk) “New Money Portion of the Bonds” shall have the meaning set forth in Section 3 hereof.

(ll) “Owner” means, without distinction, the Registered Owner and the Beneficial Owner.

(mm) “President” means the President of the Board (including the Vice President of the Board in case of the President’s absence or disability), or any presiding officer or titular head of the Board, or any successor to the functions of the President.

(nn) “Prior Resolution” means, depending on context, the singular reference to the 2009 Resolution or the 2010 Resolution, or the collective reference to both the 2009 Resolution and the 2010 Resolution, as applicable.

(oo) “Projects” shall have the meaning ascribed to such term in the Bond Election Resolution. Without limiting the foregoing, the term “Projects” includes, but is not limited to: (i) building a new elementary school and early learning center; (ii) replacing Emerald Hills Elementary; (iii) expanding and modernizing Sumner High School; (iv) expanding Bonney Lake High School and Mountain View Middle School; (v) making middle school field and District-wide safety and security improvements; and (vi) paying incidental costs incurred in connection with carrying out and accomplishing the Projects pursuant to RCW 39.46.070.


551515435.1

(pp) “Purchaser” means D.A. Davidson & Co., and/or such other corporation, firm, association, partnership, trust, or other legal entity or group of entities selected by the Designated Representative to purchase any Series of Bonds.

(qq) “Rating Agency” means any nationally recognized rating agency then maintaining a rating on any Series of Bonds at the request of the District.

(rr) “RCW” means the Revised Code of Washington.

(ss) “Record Date” means the Bond Registrar’s close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9(d) of this resolution.

(tt) “Refunded Bonds” means, depending on context, the collective reference to both the 2009 Refunded Bonds and the 2010 Refunded Bonds, or the singular reference to the 2009 Refunded Bonds or the 2010 Refunded Bonds.

(uu) “Refunding Plan” means, with respect to the issuance of any Series of Bonds, the refunding of the Refunded Bonds through the issuance of such Series in the manner determined by the Designated Representative pursuant to this resolution and more particularly described in the applicable Bond Purchase Agreement and Refunding Trust Agreement.

(vv) “Refunding Portion of the Bonds” shall have the meaning set forth in Section 3 hereof.

(ww) “Refunding Trust Agreement” means a refunding trust agreement between the District and the Refunding Trustee relating to the use of proceeds of a particular Series of Bonds to redeem Refunded Bonds, which agreement will be dated the Issue Date of such Series of Bonds, all as further described in Section 16 of this resolution.

(xx) “Refunding Trustee” means U.S. Bank National Association of Seattle, Washington, or any successor trustee or escrow agent selected by the Designated Representative to serve as refunding trustee to carry out a Refunding Plan.

(yy) “Registered Owner” means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the District utilizes the book–entry only system for any Series of Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository.

(zz) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended.

(aaa) “SEC” means the United States Securities and Exchange Commission.


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(bbb) “Secretary” means the Secretary to the Board, or other officer of the District who is the custodian of the records and proceedings of the Board, or any successor to the functions of the Secretary.

(ccc) “Securities Depository” means DTC, any successor thereto, any substitute securities depository selected by the District that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing.

(ddd) “Series of Bonds” or “Bonds of a Series” or “Series” means a series of Bonds issued pursuant to and for the purposes provided in this resolution.

(eee) “State” means the State of Washington.

(fff) “System of Registration” means the system of registration for the District’s bonds and other obligations set forth in the District’s Resolution No. 27/83-84.

(ggg) “Term Bonds” means any Bonds designated as Term Bonds and subject to mandatory redemption in the years and amounts set forth in a Bond Purchase Agreement.

(hhh) “Treasurer” means the Director of Budget and Finance of Pierce County, Washington, as ex officio treasurer of the District.

(iii) “Undertaking” means the undertaking to provide continuing disclosure entered into pursuant to Section 17 of this resolution.

Section 2. Findings and Determinations. The Board takes note of the following facts and hereby makes the following findings and determinations:

(a) Pursuant to the Bond Election Resolution, the Bond Authorization was approved by the requisite number of voters.

(b) Pursuant to the Bond Authorization and the laws governing the limitation of indebtedness, the District presently is authorized to issue and it has need for the proceeds of the New Money Portion of the Bonds authorized and described herein. The Board deems it to be in the best interests of the District to issue, sell and deliver the New Money Portion of the Bonds, subject to the provisions of this resolution, for the purpose of paying costs of carrying out and accomplishing the Projects.

(c) The District issued the 2009 Bonds pursuant to the 2009 Resolution and, by the 2009 Resolution reserved the right to redeem the 2009 Bonds prior to their stated maturity dates at any time on or after December 1, 2018, as a whole or in part (within one or more maturities selected by the District and randomly within a maturity in such manner as the Bond Registrar shall determine), at par, plus accrued interest to the date fixed for redemption. There is presently outstanding $10,000,000 principal amount of the 2009 Bonds maturing on December 1 in the years 2025 and 2028, and bearing the interest rates of 3.875% and 4.300% per annum that may be refunded under the 2009 Resolution (the “2009 Refunding Candidates”).


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(d) The District issued the 2010 Bonds pursuant to the 2010 Resolution and, by the 2010 Resolution reserved the right to redeem the 2010 Bonds maturing on or after December 1, 2020, prior to their stated maturity dates at any time on or after December 1, 2019, as a whole or in part (within one or more maturities selected by the District and randomly within a maturity in such manner as the Bond Registrar shall determine), at par, plus accrued interest to the date fixed for redemption. There is presently outstanding $32,060,000 principal amount of the 2010 Bonds maturing on December 1 in the years 2020 through 2023, inclusive, and 2025, and bearing the interest rates of 4.125%, 4.250% and 5.000% per annum that may be refunded under the 2010 Resolution (the “2010 Refunding Candidates”).

(e) After due consideration, it appears to the Board that the Refunded Bonds may be refunded by the issuance, sale and delivery of the Refunding Portion of the Bonds authorized and described herein, so long as a substantial savings will be effected by the difference between the principal and interest cost over the life of such Refunding Portion of the Bonds and the principal and interest cost over the life of the Refunded Bonds but for such refunding, as further set forth in Section 16(g) of this resolution. The Board deems it to be in the best interests of the District to issue, sell and deliver the Refunding Portion of the Bonds, subject to the provisions of this resolution, to accomplish the Refunding Plan. To effect the Refunding Plan in the manner that will be most advantageous to the District, the Board finds it necessary and advisable that certain Acquired Obligations bearing interest and maturing at the time or times as necessary to accomplish the Refunding Plan be purchased out of the proceeds of the sale of the Refunding Portion of the Bonds and the District Contribution, if any.

(f) The Board, pursuant to RCW 39.46.040(2), desires to delegate authority to the Chief Financial Officer (or in the absence or disability of the Chief Financial Officer, the Secretary), for a limited time, to accept the Final Terms of, and execute, one or more Bond Purchase Agreements, subject to the parameters for such Final Terms set forth in this resolution.

(g) Pursuant to the District’s request under the Bond Election Resolution, Resolution No. 21/15-16, adopted by the Board on April 20, 2016, and the Guarantee Program, the Treasurer of the State has issued or will issue a certificate of eligibility to the District (the “Certificate of Eligibility”) pledging the full faith, credit, and taxing power of the State to guarantee the payment, when due, of the principal of and interest on the Bonds as provided therein, and the Board hereby deems that participation in the Guarantee Program is in the District’s best interests.

Section 3. Authorization of Bonds. The District is hereby authorized to issue, sell and deliver one or more Series of Bonds (as determined by the Designated Representative pursuant to the parameters for the Final Terms set forth in Exhibit A, which is attached to this resolution and incorporated herein by this reference) for the purpose of providing the money required to carry out and accomplish: (a) the Projects, including paying the allocable share of the costs related to the issuance, sale and delivery of such Bonds (the “New Money Portion of the Bonds”) pursuant to the Bond Election Resolution (which by this reference is incorporated herein) and the Bond Authorization; and/or (b) the Refunding Plan, including paying the administrative costs of the refunding and the allocable share of costs related to the issuance, sale and delivery of such Bonds (the “Refunding Portion of the Bonds”).


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Section 4. Description of Bonds. The Bonds shall be designated as the Sumner School District No. 320, Pierce County, Washington, Unlimited Tax General Obligation Improvement and Refunding Bonds, 2016 (unless otherwise designated pursuant to the parameters for the Final Terms set forth in Exhibit A). The Bonds shall be issued in the aggregate principal amount of not to exceed $193,100,000 as further set forth in the parameters for the Final Terms in Exhibit A; shall be in Authorized Denominations; and shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification. The Bonds of each Series shall be dated the Issue Date of such Series, shall bear interest from such Issue Date at the rates and shall mature in the years and principal amounts, including the designation of Term Bonds, if any, all as set forth in the Bond Purchase Agreement for such Series accepted by the Designated Representative pursuant to Section 5 of this resolution.

The life of the Projects to be financed with the proceeds of the New Money Portion of the Bonds exceeds the term of the New Money Portion of the Bonds. The cost of particular categories of the Project property having shorter reasonably expected useful lives is allocated to New Money Portion of the Bonds having correspondingly earlier maturity dates.

Section 5. Appointment of Designated Representative; Setting Parameters with Respect to the Final Terms; Approval of Bond Purchase Agreements; Expiration of Authority. It is anticipated that each Series of Bonds will be sold by negotiated sale to the Purchaser and that the Purchaser will present a Bond Purchase Agreement to the District offering to purchase each or multiple Series of Bonds. Pursuant to RCW 39.46.040(2), the Chief Financial Officer, or inthe absence or disability of the Chief Financial Officer, the Secretary, is hereby appointed as the District’s Designated Representative and is authorized and directed on the District’s behalf to accept the Final Terms of, and execute, one or more Bond Purchase Agreements subject to the parameters for such Final Terms set forth in Exhibit A. Final Terms shall be confirmed in each Bond Purchase Agreement and/or separate certificate(s) approved and executed by the Designated Representative in connection with the issuance of each Series of Bonds. The authority granted to the Designated Representative by this Section 5, and the authority to issue any Series of Bonds pursuant to this resolution, shall expire on July 31, 2019 (but only with respect to any Series of Bonds not issued by such date). The Issue Date of any Series of Bonds shall occur before July 31, 2019. Any Series of Bonds not issued by such date may be reauthorized by resolution of the Board, which resolution may be in the form of a new or amendatory resolution.

Section 6. Bond Registrar; Registration and Transfer of Bonds.

(a) Registration of Bonds. The Bonds of each Series shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register maintained for such Series.

(b) Bond Registrar; Duties. Pursuant to RCW 39.46.030(3)(b), the Treasurer has appointed the Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of each Series of Bonds, which shall be open to inspection by the District at all times. The Bond Registrar is authorized, on behalf of the District, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the


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Bonds and this resolution, to serve as the District’s paying agent for the Bonds and to carry out all of the Bond Registrar’s powers and duties under this resolution and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners.

(c) Bond Register; Transfer and Exchange. The Bond Register for each Series shall contain the name and mailing address of the Registered Owner of each Bond of such Series and the principal amount and number of each Bond held by such Registered Owner. Any Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds of the same Series in any Authorized Denomination of an equal aggregate principal amount and of the same interest rate and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date.

(d) Securities Depository; Book-Entry Only Form. DTC is appointed as initial Securities Depository. Each Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully immobilized in book-entry only form by the Securities Depository in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the District; or (iii) to any person if the Bond is no longer to be held in book-entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the District, the District may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the District does not appoint a substitute Securities Depository, or (ii) the District terminates the services of the Securities Depository, the Bonds no longer shall be held in book-entry only form and the registered ownership of each Bond may be transferred to any person as provided in this resolution.

Neither the District nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the District nor the Bond Registrar shall be responsible for any notice that is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository.

Section 7. Form and Execution of Bonds. The Bonds shall be prepared in a form consistent with the provisions of this resolution and State law and shall be signed by the President and the Secretary, either or both of whose signatures may be manual or in facsimile. The Bonds of each Series shall be printed at District expense and shall be delivered to the


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Purchaser in accordance with the Bond Purchase Agreement for such Series, together with the approving legal opinion of Bond Counsel regarding the Bonds of such Series.

No Bond shall be valid or obligatory for any purpose, or entitled to the benefits of this resolution, unless the Bond bears a certificate of authentication manually signed by the Bond Registrar stating: “This Bond is one of the fully registered Sumner School District No. 320, Pierce County, Washington, Unlimited Tax General Obligation Improvement and Refunding Bonds, 2016, described in the Bond Resolution.” A minor deviation in the language of such certificate (including a deviation in the designation of the Bonds authorized by Exhibit A hereto) shall not void a certificate of authentication that otherwise is substantially in the form of the foregoing. The authorized signing of a certificate of authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this resolution.

If any officer whose manual or facsimile signature appears on the Bonds ceases to be an officer of the District authorized to sign bonds before the Bonds bearing his or her manual or facsimile signature are authenticated or delivered by the Bond Registrar or issued by the District, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the District as though that person had continued to be an officer of the District authorized to sign bonds. Any Bond also may be signed on behalf of the District by any person who, on the actual date of signing of the Bond, is an officer of the District authorized to sign bonds, although he or she did not hold the required office on the Issue Date applicable to such Bond.

Section 8. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America. Principal of and interest on each Bond registered in the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the District is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances.

Section 9. Redemption Provisions and Purchase of Bonds.

(a) Optional Redemption. The Bonds may be subject to redemption at the option of the District on terms acceptable to the Designated Representative, as set forth in a Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A.

(b) Mandatory Redemption. Each Bond that is designated as a Term Bond in a Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A, and except as set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the dates and in the amounts set forth in such Bond


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Purchase Agreement. If a Term Bond is redeemed under the optional redemption provisions, defeased or purchased by the District and surrendered for cancellation, the principal amount of the Term Bond so redeemed, defeased or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for that Term Bond. The District shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that Term Bond for which notice of redemption has not already been given.

(c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the outstanding Bonds are to be redeemed at the option of the District, the District shall select the Series and maturities to be redeemed. If fewer than all of the outstanding Bonds within a single maturity of a Series are to be redeemed, the Securities Depository shall select Bonds registered in the name of the Securities Depository to be redeemed in accordance with the Letter of Representations, and the Bond Registrar shall select all other Bonds to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same Series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount to remain outstanding.

(d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Secretary shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond.

(e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the District retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time on or prior to the date fixed for redemption. Any notice of optional redemption that is so rescinded shall be of no effect, and each Bond for which a notice of redemption has been rescinded shall remain outstanding.

(f) Effect of Redemption. Interest on each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as set forth above, or money sufficient to effect such redemption is not on deposit in the Debt Service Fund or in a trust account established to refund or defease the Bond.


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(g) Purchase of Bonds. The District reserves the right to purchase any or all of the Bonds offered to the District at any time at any price acceptable to the District plus accrued interest to the date of purchase.

Section 10. Failure To Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity date or date fixed for redemption, the District shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity date or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Debt Service Fund, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner.

Section 11. Pledge of Taxes. For as long as any of the Bonds are outstanding, the District irrevocably pledges to levy taxes annually without limitation as to rate or amount on all of the taxable property within the District in an amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bonds, and the full faith, credit and resources of the District are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest.

Section 12. Tax Covenants.

(a) Preservation of Tax Exemption for Interest on Bonds. The District covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the District treated as proceeds of the Bonds that will cause interest on the Bonds to be included in gross income for federal income tax purposes. The District also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds.

(b) Post-Issuance Compliance. The Secretary is authorized and directed to adopt, amend and implement, on behalf of the District, written procedures to facilitate compliance by the District with the covenants in this Section 12 and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bonds from being included in gross income for federal income tax purposes.

(c) Designation of Bonds as “Qualified Tax-Exempt Obligations.” The Designated Representative is authorized to designate any Series of Bonds as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code if the Designated Representative determines and certifies, on behalf of the District, that:

(i) the Bonds of such Series do not constitute “private activity bonds” within the meaning of Section 141 of the Code;

(ii) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) that the District and any entity subordinate to the District (including any entity that the District


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controls, that derives its authority to issue tax-exempt obligations from the District, or that issues tax-exempt obligations on behalf of the District) will issue during the calendar year in which such Series of Bonds will be issued will not exceed $10,000,000; and

(iii) the amount of tax-exempt obligations, including such Series of Bonds, so designated by the District as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code during the calendar year in which such Series of Bonds will be issued will not exceed $10,000,000.

Section 13. Refunding or Defeasance of the Bonds. The District may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on any or all of the Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the District sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this resolution and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the District may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose.

Unless otherwise specified by the District in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this resolution for the redemption of Bonds.

Section 14. Debt Service Fund and Deposit of Bond Proceeds.

(a) From the proceeds received from the sale of the New Money Portion of the Bonds, the Treasurer is authorized and directed to deposit in the Debt Service Fund that amount, if any, of Net Premium allocated to the New Money Portion of the Bonds that the Designated Representative determines pursuant to Exhibit A of this resolution is to be deposited in the Debt Service Fund (which Net Premium shall be used to pay interest on the New Money Portion of the Bonds on their earliest interest payment date or dates).

(b) From the proceeds received from the sale of the Refunding Portion of the Bonds, the Treasurer is authorized and directed to deposit in the Debt Service Fund that amount, if any, of Net Premium allocated to the Refunding Portion of the Bonds that the Designated Representative determines pursuant to Exhibit A of this resolution is to be deposited in the Debt Service Fund (which Net Premium shall be used to pay interest on the Refunding Portion of the Bonds on their earliest interest payment date). The remaining proceeds from the sale of the Refunding Portion of the Bonds, including that amount, if any, of Net Premium allocated to the sale of the Refunding Portion of the Bonds, as determined by the Designated Representative


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pursuant to Exhibit A of this resolution, together with the District Contribution, if any, shall be deposited with the Refunding Trustee in accordance with the provisions of Section 16 herein.

(c) The principal of and interest on the Bonds of each Series and on all other outstanding unlimited tax general obligation bonds of the District when due, shall be paid from the Debt Service Fund. All taxes collected for and allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Debt Service Fund. Until needed to pay principal of and interest on the Bonds, the District may invest taxes collected for and allocated to the payment of the principal of and interest on the Bonds temporarily in any legal investment, and the investment earnings shall be retained in the Debt Service Fund and be spent for the purposes of that fund, except that the Board may authorize the transfer and credit of all or a portion of such investment earnings to another fund of the District pursuant to RCW 28A.320.320.

Section 15. Capital Projects Fund; Deposit of Bond Proceeds and Reduction of Bond Authorization.

(a) The Treasurer is further authorized and directed to deposit in the Capital Projects Fund: (i) Net Premium allocated to the sale of the New Money Portion of the Bonds that the Designated Representative determines, pursuant to Exhibit A of this resolution, is to be used to pay costs of issuing, selling and delivering of the New Money Portion of the Bonds; provided that, if the Refunding Portion of the Bonds and the New Money Portion of the Bonds are issued in the same Series, any such Net Premium may be deposited with the Refunding Trustee in accordance with the provisions of Section 16 herein and used to pay the allocable share of the costs related to the issuance, sale and delivery of the New Money Portion of the Bonds; (ii) Net Premium allocated to the sale of the New Money Portion of the Bonds that the Designated Representative determines, pursuant to Exhibit A of this resolution, is to be deposited in the Capital Projects Fund to be used to pay costs of the Projects other than the allocable share of costs of issuing, selling and delivering the New Money Portion of the Bonds; and (iii) the principal proceeds received from the sale of the New Money Portion of the Bonds.

(b) Principal proceeds and Net Premium, if any, deposited into the Capital Projects Fund from the sale of the New Money Portion of the Bonds shall be only used for capital purposes that carry out and accomplish the Projects, as permitted by law, which shall not include the replacement of equipment. Until needed to pay costs of carrying out and accomplishing the Projects, the District may invest proceeds of the New Money Portion of the Bonds temporarily in any legal investment, and the investment earnings shall be retained in the Capital Projects Fund and be spent to pay costs of carrying out and accomplishing the Projects, except that earnings subject to a federal tax or rebate requirement may be withdrawn from the Capital Projects Fund and used for those tax or rebate purposes.

(c) The amount of the Bond Authorization shall be reduced by the sum of: (a) the stated principal amount of the New Money Portion of the Bonds issued under this resolution; and (b) the amount, if any, of Net Premium deposited into the Capital Projects Fund from the sale of the New Money Portion of the Bonds pursuant to Section 15(a)(ii) of this resolution.


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Section 16. Refunding of the Refunded Bonds.

(a) Appointment of the Refunding Trustee. Pursuant to RCW 39.53.070, the Refunding Trustee is hereby appointed to serve as trustee to oversee the safekeeping and application of the Bond proceeds and the District Contribution, if any, delivered to it.

(b) Use of Bond Proceeds; Acquisition of Acquired Obligations. Proceeds of the sale of the Refunding Portion of the Bonds (exclusive of any Net Premium deposited into the Debt Service Fund pursuant to Section 14 of this resolution), together with any Net Premium allocated to pay costs related to the issuance, sale and delivery of the New Money Portion of the Bonds (to the extent the Refunding Portion of the Bonds and the New Money Portion of the Bonds are issued in the same Series) shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used, together with the District Contribution, if any, to: (i) discharge the obligations of the District under the Prior Resolution relating to the Refunded Bonds to be redeemed with such proceeds by providing for the payment of the amounts required to be paid by the Refunding Plan; (ii) pay the allocable share of costs related to the issuance, sale and delivery of the New Money Portion of the Bonds, as applicable; and (iii) pay the administrative costs of the refunding and allocable share of costs related to the issuance, sale and delivery of the Refunding Portion of the Bonds. To the extent practicable, the obligations referenced in Section 16(b)(i) above shall be discharged fully by the Refunding Trustee’s simultaneous purchase of Acquired Obligations bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amounts required to be paid pursuant to such Refunding Plan. The Acquired Obligations shall be listed and more particularly described in the applicable Refunding Trust Agreement, but are subject to substitution as set forth below. The Designated Representative is authorized and directed to approve the Acquired Obligations to be purchased. The Refunding Trustee shall return to the District, as soon as reasonably practicable following the delivery of the Bonds to the Purchaser, any Bond proceeds or other money deposited with the Refunding Trustee not needed to: (i) purchase the Acquired Obligations; (ii) pay the administrative costs of the refunding; (iii) pay the aggregate costs related to the issuance, sale and delivery of the Bonds; or (iv) provide a beginning cash balance. Any Bond proceeds so returned to the District shall be deposited in the Debt Service Fund to pay interest on the Refunding Portion of the Bonds and/or the New Money Portion of the Bonds, as applicable, on the first interest payment date.

(c) Substitution of Acquired Obligations. Prior to the purchase of any Acquired Obligations, the District reserves the right to substitute other money and/or noncallable Government Obligations (“Substitute Obligations”) for any of such Acquired Obligations if, (a) in the opinion of Bond Counsel the interest on the applicable Series of Bonds and the associated Refunded Bonds will remain excluded from gross income for federal income tax purposes under Sections 103, 148 and 149(d) of the Code, and (b) such substitution shall not impair the timely payment of the amounts required to be paid by the applicable Refunding Plan, as verified by a nationally recognized independent certified public accounting firm. The District may use any savings created by the foregoing substitution to pay interest on the Refunding Portion of the Bonds on their first interest payment date.


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After the purchase of Acquired Obligations by the Refunding Trustee, the District reserves the right to substitute therefor money and/or Substitute Obligations subject to the conditions that such money or Substitute Obligations held by the Refunding Trustee shall be sufficient to carry out the applicable Refunding Plan, that such substitution will not cause the Bonds of the applicable Series and the associated Refunded Bonds to be arbitrage bonds within the meaning of Section 148 of the Code and regulations thereunder in effect on the date of such substitution and applicable to obligations issued on the Issue Date of the applicable Series, and that the District obtains, at its expense: (i) a verification by a nationally recognized independent certified public accounting firm confirming that the payments of principal of and interest on the Substitute Obligations, if paid when due, and any other money held by the Refunding Trustee will be sufficient to carry out the applicable Refunding Plan; and (ii) an opinion from Bond Counsel to the effect that the disposition and substitution or purchase of such Substitute Obligations, under the statutes, rules and regulations then in force and applicable to the Series of Bonds or the associated Refunded Bonds, will not cause the interest on such Bonds or the associated Refunded Bonds to be included in gross income for federal income tax purposes and that such disposition and substitution or purchase is in compliance with the statutes and regulations applicable to the Series of Bonds or the associated Refunded Bonds. Any surplus money resulting from the sale, transfer, other disposition or redemption of the Acquired Obligations and the substitutions therefor shall be released from the trust estate and transferred to the District to be used to pay debt service on the Refunding Portion of the Bonds.

(d) Administration of Refunding Plan. The Refunding Trustee is authorized and directed to purchase the Acquired Obligations (or Substitute Obligations) and to make the payments required to be made pursuant to each Refunding Plan from the Acquired Obligations (or Substitute Obligations) and money deposited with the Refunding Trustee pursuant to this resolution and that particular Refunding Plan. All Acquired Obligations (or Substitute Obligations) and money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of the Prior Resolution, this resolution, chapter 39.53 RCW and other applicable laws of the State and the applicable Refunding Trust Agreement. All necessary and proper fees, compensation and expenses of the Refunding Trustee and all other costs incidental to the setting up of the escrow to accomplish any Refunding Plan and aggregate costs related to the issuance, sale and delivery of each Series of Bonds, including bond printing, rating service fees, verification fees, Bond Counsel’s fees and other related expenses, shall be paid out of the proceeds of such Series of Bonds.

(e) Authorization for Refunding Trust Agreement. To carry out each Refunding Plan provided for by this resolution, the President or the Secretary, each acting independently, are authorized and directed to execute and deliver to the Refunding Trustee a Refunding Trust Agreement for each Series of Bonds (to the extent such Series includes a Refunding Portion of the Bonds) setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the payment, redemption and retirement of the Refunded Bonds applicable to such Refunding Plan as provided herein and stating that the provisions for payment of the fees, compensation and expenses of such Refunding Trustee set forth therein are satisfactory to it.


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(f) Call for Redemption of the Refunded Bonds. Effective upon the Issue Date of each Series of the Refunding Portion of the Bonds refunding the 2009 Refunded Bonds, the District calls for redemption on December 1, 2018, all of the 2009 Refunded Bonds to be refunded by such Series at the price of par plus accrued interest. Effective upon the Issue Date of each Series of the Refunding Portion of the Bonds refunding the 2010 Refunded Bonds, the District calls for redemption on December 1, 2019, all of the 2010 Refunded Bonds to be refunded by such Series at the price of par plus accrued interest. Such calls for redemption shall be irrevocable once they become effective. The date on which the 2009 Refunded Bonds are herein called is the first date on which those bonds may be called. The date on which the 2010 Refunded Bonds are herein called for redemption is the first date on which those bonds may be called. The Refunding Trustee is authorized and directed to give or cause to be given such notices as required, at the times and in the manner required, pursuant to the applicable Prior Resolution and the applicable Refunding Trust Agreement in order to effect the redemption of the Refunded Bonds prior to their stated maturity dates.

(g) District Findings with Respect to Refunding. Prior to the execution of any Bond Purchase Agreement relating to the Refunding Portion of the Bonds, the Designated Representative must determine, on behalf of the District, that the issuance, sale and delivery of the Refunding Portion of the Bonds will effect a net present value savings to the District of at least 5.00%, as described in the parameters for Final Terms set forth in Exhibit A. The Board finds and determines that such net present value savings is a substantial savings and that achieving such net present value savings by issuing the Refunding Portion of the Bonds is in the best interest of the District and in the public interest. In making the finding and determination that the issuance, sale and delivery of Refunding Portion of the Bonds will effect the foregoing net present value savings, the Designated Representative shall give consideration to the fixed maturities of the Refunding Portion of the Bonds and the Refunded Bonds, the allocable share of costs related to the issuance, sale and delivery of the Refunding Portion of the Bonds and the known earned income from the investment of the proceeds of the issuance and sale of Refunding Portion of the Bonds and the District Contribution, if any, used in the particular Refunding Plan pending payment and redemption of the Refunded Bonds. The District finds and determines that (i) the money to be deposited with the Refunding Trustee for the applicable Refunded Bonds in accordance with this section will discharge and satisfy the obligations of the District under the applicable Prior Resolution with respect to such Refunded Bonds, and the pledges, charges, trusts, covenants and agreements of the District therein made or provided for as to such Refunded Bonds, and (ii) the applicable Refunded Bonds shall no longer be deemed to be outstanding under the applicable Prior Resolution immediately upon the deposit of sufficient proceeds of such Series of Bonds with the Refunding Trustee.

Section 17. Official Statement; Continuing Disclosure.

(a) Preliminary Official Statement. For the sole purpose of the Purchaser’s compliance with paragraph (b)(1) of Rule 15c2-12 with respect to any preliminary official statement prepared in connection with the sale of any Series of Bonds (the “Preliminary Official Statement”), and pursuant to the authority granted by the Bond Election Resolution and Resolution No. 21/15-16, the Secretary and/or the Chief Financial Officer, on the District’s behalf, has been authorized to: (i) review and “deem final” that Preliminary Official Statement as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12; and


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(ii) to authorize the distribution by the Purchaser of the “deemed final” Preliminary Official Statement to potential purchasers of the Bonds of such Series.

(b) Official Statement. The Secretary and/or the Chief Financial Officer is hereby authorized to review and approve on behalf of the District a final official statement (the “Official Statement”) with respect to any Series of Bonds, substantially in the form of the “deemed final” Preliminary Official Statement for that Series of Bonds and supplemented or amended as the Secretary and/or the Chief Financial Officer deems necessary, desirable, or appropriate. The Secretary is authorized to execute each such Official Statement and the District is authorized to deliver or cause to be delivered that Official Statement to the Purchaser in the manner required by Rule 15c2-12, the MSRB and the applicable Bond Purchase Agreement.

(c) Undertaking to Provide Continuing Disclosure. If necessary to meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting as a participating underwriter for a Series of Bonds, the Secretary is authorized to execute a written undertaking to provide continuing disclosure for the benefit of holders of a Series of Bonds in substantially the form attached to this resolution as Exhibit B, which is incorporated herein by this reference.

Section 18. Guarantee Program. The District is hereby authorized to participate in the Guarantee Program with respect to the Bonds and agrees to the terms and conditions for participating in the Guarantee Program, as prescribed in chapter 39.98 RCW and the rules promulgated thereunder.

Section 19. Supplemental and Amendatory Resolutions. The District may supplement or amend this resolution for any one or more of the following purposes without the consent of any Owners of the Bonds:

(a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the District.

(b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this resolution in a manner that does not materially adversely affect the interests of Owners.

Section 20. General Authorization and Ratification. The Secretary, the Chief Financial Officer, the President, the Treasurer, other appropriate officers of the District and Bond Counsel are severally authorized and directed to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the terms of, and complete the transactions contemplated by, this resolution and the Bond Purchase Agreements (including everything necessary for the prompt delivery of each Series of Bonds to the Purchaser and for the proper application, use and investment of the proceeds of the sale thereof). All actions taken prior to the effective date of this resolution in furtherance of and not inconsistent with the provisions of this resolution are hereby ratified and confirmed in all respects.

Section 21. Severability. The provisions of this resolution are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this resolution to be invalid or unenforceable as


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to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this resolution in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable.

Section 22. Effective Date of Resolution. This resolution shall become effective immediately upon its adoption.





Director

Director

DirectorATTEST:



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EXHIBIT A

Parameters for Final Terms

(a) Principal Amount. The Bonds may be issued in one or more Series (as determined by the Designated Representative) and shall not exceed the aggregate principal amount of $193,100,000. Notwithstanding the foregoing, (i) the New Money Portion of the Bonds shall not exceed the aggregate principal amount of $145,600,000; and (ii) the Refunding Portion of the Bonds shall not exceed the aggregate principal amount of $47,500,000; provided that, the Refunding Portion of the Bonds issued to refund the 2009 Refunded Bonds shall not exceed the aggregate principal amount of $11,000,000, and the Refunding Portion of the Bonds issued to refund the 2010 Refunded Bonds shall not exceed the aggregate principal amount of $36,500,000. The principal amount of the Refunding Portion of the Bonds (i) may exceed the principal amount of the Refunded Bonds being refunded by an amount deemed reasonably required to effect the Refunding Plan pertaining to such Series of Bonds, or (ii) may be equal to or less than the principal amount of the Refunded Bonds being refunded, so long as the proceeds of the Refunding Portion of the Bonds (together with the District Contribution, if any) are sufficient to effect the Refunding Plan pertaining to such Series of Bonds. To the extent the principal amount of the Refunding Portion of the Bonds exceeds the principal amount of the Refunded Bonds being refunded, such excess shall constitute nonvoted general obligation debt of the District for purposes of calculating debt capacity and shall be allocated, by the Designated Representative, to the earliest maturing principal of the Refunding Portion of the Bonds.

(b) Date or Dates. Each Series of Bonds shall be dated its Issue Date, which date shall occur before July 31, 2019.

(c) Denominations; Series Designation. The Bonds shall be issued in Authorized Denominations. If the Issue Date occurs after 2016, the series designation of the Bonds shall be changed, without further action of the Board, to reflect the calendar year in which the Bonds are issued (e.g., “Unlimited Tax General Obligation Improvement and Refunding Bonds, 2017”). The designation of each Series of Bonds may include reference as to whether such Series of Bonds will be issued as combined new-money and refunding bonds, as solely new-money bonds, as solely refunding bonds, and/or include an alphanumeric designation (e.g., “Unlimited Tax General Obligation Improvement and Refunding Bonds, 2016,” “Unlimited Tax General Obligation Bonds, 2016,” “Unlimited Tax General Obligation Refunding Bonds, 2016,” and/or “Unlimited Tax General Obligation Refunding Bonds, 2016B”). Conforming changes shall be made in the certificate(s) of authentication authorized by Section 7 of this resolution.


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(d) Interest Rate(s). The Bonds of each Series shall bear interest at fixed rates per annum (computed on the basis of a 360-day year of twelve 30-day months) from the Issue Date for such Series or from the most recent interest payment date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for each Bond of any Series of Bonds; provided that, norate of interest for any Bond of any Series of Bonds may exceed 7.00%, and the true interest cost (the “TIC”) for each Series of Bonds shall not exceed 6.00%.

(e) Payment Dates. Interest on each Series of Bonds shall be payable semiannually (on each June 1 and December 1), commencing on the date selected by the Designated Representative no later than 13 months following the Issue Date of such Series of Bonds. Principal shall be payable on such date(s) and in such amount(s) as are selected by the Designated Representative; provided that, principal shall only be payable on June 1 and/or December 1 in any given year. The annual principal and interest payments on each Refunding Portion of the Bonds shall be consistent with RCW 39.53.090.

(f) Final Maturity. The final maturity date of the New Money Portion of the Bonds following allocation, if necessary, pursuant to (l) below, shall be a date within 20 years of the Issue Date of such New Money Portion of the Bonds. The final maturity date of the Refunding Portion of the Bonds following allocation, if necessary, pursuant to (l) below, shall not be later than the final maturity date of the Refunded Bonds refunded by such Refunding Portion of the Bonds.

(g) Redemption Rights. The Designated Representative may approve in a Bond Purchase Agreement provisions for the optional and mandatory redemption of Bonds, subject to the following:

(1) Optional Redemption. Any Bond may be designated as being (A) subject to redemption at the option of the District prior to its maturity date on the dates and at the prices set forth in a Bond Purchase Agreement; or (B) not subject to redemption prior to its maturity date. If a Bond is subject to optional redemption prior to its maturity, it must be subject to such redemption on one or more dates occurring not more than 10½ years after the Issue Date.

(2) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity on the dates and in the amounts set forth in a Bond Purchase Agreement.

(h) Price. The Aggregate Purchase Price for each Series of Bonds shall not be less than 98% or more than 130% of the aggregate stated principal amount of such Series of Bonds.


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(i) Net Premium The Designated Representative shall determine the amounts of Net Premium received from the Purchaser, if any, to be deposited into the Capital Projects Fund, the Debt Service Fund and/or deposited with the Refunding Trustee pursuant to Sections 14 and 15 of this resolution; provided that, the Purchaser may retain its underwriter’s discount and deduct other costs of issuing, selling and delivering that Series of Bonds from the price paid to the District for such Series of Bonds and pay such other costs of issuing, selling and delivering such Series of Bonds directly to the respective financing participant via wire transfer.

(j) Section 265(b)(3) designation. Pursuant to Section 12(c) of this resolution, the Designated Representative shall designate any qualifying Series of Bonds as “qualified-tax exempt obligations” for purposes of Section 265(b)(3) of the Code.

(k) Selection of Refunded Bonds. Under the terms and conditions of this resolution, the Designated Representative is authorized to select the Refunded Bonds to be refunded by the Refunding Portion of the Bonds. Refunded Bonds, as selected by the Designated Representative, shall be identified in the applicable Bond Purchase Agreement and/or the applicable Refunding Trust Agreement.

(l) Allocation of Bonds. For any combined Series of Bonds, the Designated Representative shall allocate the maturing principal amounts to the New Money Portion of the Bonds and the Refunding Portion of the Bonds in such manner as will comply with applicable requirements of the Code, meet restrictions of State law, and effectuate any other allocation deemed necessary or advisable for accounting and debt administration.

(m) Minimum savings. The Refunding Portion of the Bonds shall produce a minimum net present value savings to the District of 5.00% (as a percentage of the Refunded Bonds refunded by such Refunding Portion of the Bonds). Net present value savings means the present value of difference between annual debt service on the Refunded Bonds and the annual debt service on the corresponding Refunding Portion of the Bonds, discounted to the Issue Date using the yield on that Refunding Portion of the Bonds as the discount rate. Any Net Premium required to be deposited into the Debt Service Fund pursuant to Section 14(b) of this resolution on the Issue Date must be added to the proceeds of the Refunding Portion of the Bonds to determine net present value savings. The amount of the District Contribution, if any, made on such Issue Date must be subtracted from the proceeds of the Refunding Portion of the Bonds to determine net present value savings. If the Refunded Bonds being refunded by the Refunding Portion of the Bonds include both the 2009 Refunded Bonds and the 2010 Refunded Bonds, the minimum net present value savings required by this paragraph (m) shall be determined separately for the net present value savings attributable to 2009 Refunded Bonds and the 2010 Refunded Bonds.

(n) Certificate of Eligibility. No Series of Bonds may be issued without a valid Certificate of Eligibility.


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(o) Other Terms and Conditions. (1) No Series of Bonds may be issued if it would cause the indebtedness of the District to exceed the District’s legal debt capacity on the Issue Date.

(2) The Designated Representative is authorized to determine the amount of the District Contribution and cause the Treasurer to transfer the District Contribution to the Refunding Trustee.

(3) The Designated Representative, in consultation with the Purchaser, may determine that it is in the District’s best interest to provide for bond insurance or other credit enhancement, and may accept, on behalf of the District, such additional terms, conditions, and covenants as may be required by the bond insurer, if consistent with the provisions of this resolution.

(4) The Designated Representative is authorized to take such additional action as may be necessary or convenient for the issuance of Bonds pursuant to the terms of this resolution.


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EXHIBIT B

Form of Undertaking To Provide Continuing Disclosure

Sumner School District No. 320, Pierce County, WashingtonUnlimited Tax General Obligation [Improvement and Refunding] Bonds, 20__

Sumner School District No. 320, Pierce County, Washington (the “District”), makes the following written Undertaking for the benefit of holders of the above-referenced bonds (the “Bonds”) issued pursuant to the District’s Resolution No. 22/15-16, adopted by the Board of Directors of the District on April 20, 2016 (the “Bond Resolution”), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined below shall have the meanings given in the Bond Resolution.

(a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The District undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB:

(i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b) (“annual financial information”);

(ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the District, as such “Bankruptcy Events” are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the District or the sale of all or substantially all of the assets of the District other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material.


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(iii) Timely notice of a failure by the District to provide required annual financial information on or before the date specified in paragraph (b).

(b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the District undertakes to provide in paragraph (a):

(i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to local governmental units of the State, such as the District, as such principles may be changed from time to time and as permitted by State law, which statements may be unaudited, provided, that if and when audited financial statements are prepared and available to the District they will be provided; (2) a statement of authorized, issued and outstanding general obligation debt of the District; (3) the assessed value of the property within the District subject to ad valorem taxation; and (4) ad valorem tax levy rates and amounts, and percentage of taxes collected;

(ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the District (currently, a fiscal year ending August 31), as such fiscal year may be changed as required or permitted by State law, commencing with the District’s fiscal year ending August 31, 20[__]; and

(iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC.

(c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The District will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided.

(d) Beneficiaries. This Undertaking shall inure to the benefit of the District and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person.

(e) Termination of Undertaking. The District’s obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the District’s obligations under this Undertaking shall terminate if the provisions of Rule 15c2-12 that require the District to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel or other counsel familiar with federal securities laws delivered to the District, and the District provides timely notice of such termination to the MSRB.


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(f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the District learns of any failure to comply with this Undertaking, the District will proceed with due diligence to cause such noncompliance to be corrected. No failure by the District or other obligated person to comply with this Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the District or other obligated person to comply with this Undertaking, including seeking an order of specific performance from an appropriate court.

(g) Designation of Official Responsible to Administer Undertaking. The Secretary or his or her designee is the person designated, in accordance with the Bond Resolution, to carry out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the following actions:

(i) Preparing and filing the annual financial information undertaken to be provided;

(ii) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence;

(iii) Determining whether any person other than the District is an “obligated person” within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2-12;

(iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the District in carrying out this Undertaking; and

(v) Effecting any necessary amendment of this Undertaking.


CERTIFICATION

I, LAURIE D. DENT, Secretary to the Board of Directors of Sumner School District No. 320, Pierce County, Washington (the “District”), hereby certify as follows:

1. The foregoing Resolution No. 22/15-16 (the “Resolution”) is a full, true and correct copy of the Resolution duly adopted at a regular meeting of the Board of Directors of the District (the “Board”) held at the regular meeting place thereof on April 20, 2016, as that Resolution appears on the minute book of the District, and the Resolution is now in full force and effect; and

2. A quorum of the members of the Board was present throughout the meeting and a sufficient number of members of the Board present voted in the proper manner for the adoption of the Resolution.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of April, 2016.




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RESOLUTION NO. 23/15-16 SUMNER SCHOOL DISTRICT NO. 320

A RESOLUTION OF THE BOARD OF DIRECTORS, SUMNER SCHOOL DISTRICT NO. 320, AUTHORIZING THE SUPERINTENDENT TO EXECUTE A REAL ESTATE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 1101 WOOD AVENUE, SUMNER, WASHINGTON (PARCEL NO. 4445000010). WHEREAS, Sumner School District No. 320 (the “District”), in the past decade has experienced substantial growth and is projected to continue to experience substantial growth District-wide, as demonstrated by the District’s Demographic Study and Capital Facilities Plan; and WHEREAS, the District has determined, as part of its capital facilities planning, that with the continued significant growth, the District is in need of additional land to provide for needed educational facilities and additional space for future specialized and innovative educational programs at Sumner High School and additional facilities for administrative and support services as needed; and WHEREAS, certain real property located at 1101 Wood Avenue, Sumner, Washington, adjacent to the District Administrative Offices and Sumner High School, and owned by Jennifer Maddax, a single person, is available for acquisition (the “Maddax Property”); and WHEREAS, the District Administration has obtained an MAI Appraisal of the Maddax Property consistent with the requirements of RCW 28A.335.090; and WHEREAS, the District Administration entered into negotiations with Jennifer Maddax for the acquisition of the Maddax Property; and WHEREAS, the District Administration and Jennifer Maddax have reached agreement on the purchase price and the material terms and conditions for acquisition of the Maddax Property; and WHEREAS, the District’s legal counsel has prepared a Real Estate Purchase and Sale Agreement attached hereto as Exhibit 1 (the “Purchase Agreement”) and the terms and conditions have been agreed upon by Jennifer Maddax; and WHEREAS, the District Administration has determined that it is in the best interests of the District to acquire the Maddax Property to provide for future expansion of facilities to benefit Sumner High School and/or additional administrative and support facilities, as needed, to support current and projected growth in the District; and


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NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Sumner School District No. 320, that: 1. The Acting Superintendent is authorized to execute, on behalf of the District, the Purchase Agreement, attached hereto as Exhibit 1, for the acquisition of the Maddax Property located at 1101 Wood Avenue, Sumner, Washington (Parcel No. 4445000010); and 2. The Acting Superintendent is authorized to implement the terms and conditions of the Purchase Agreement and to execute such Closing Documents, as approved by legal counsel, to complete the transaction to acquire the Maddax Property under the terms and conditions of the Purchase Agreement. APPROVED by the Board of Directors of Sumner School District No. 320, Pierce County, Washington, this 20th day of April, 2016, in regular, open session. Board of Directors: Erin Markquart, President Deb Norris, Vice President Casey Chamberlain, Director Rick Hendricks, Director Paul Williams, Director _________________________________ Laurie Dent, Acting Superintendent/ Secretary to the Board


EXHIBIT 1

EXHIBIT 1

REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN SUMNER SCHOOL DISTRICT

AND JENNIFER MADDAX


SSD-Maddax.PSA 04.16.16 1

REAL ESTATE PURCHASE AND SALE AGREEMENT

WITH EARNEST MONEY DEPOSIT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (“Agreement”) is dated this ______ day of April, 2016 (the “Reference Date”), by and between JENNIFER MADDAX, a single woman (“Seller”), and SUMNER SCHOOL DISTRICT NO. 320, a Washington municipal corporation (“Purchaser”).

I. RECITALS A. Seller is the owner of certain real property located at 1101 Wood Avenue, Sumner, Washington, commonly known as Pierce County Parcel No. 4445000010 and legally described on Exhibit A attached hereto (the “Real Property”). B. Purchaser is the owner of certain adjacent real properties known as Sumner High School and the District Administration Office. Purchaser desires to acquire Seller’s Real Property as part of its long-term capital facilities planning associated with the need for additional support services and administrative offices and for additional educational facilities and improvements related to Sumner High School. In this regard, Purchaser is prepared to exercise its power of condemnation in order to acquire Seller’s Property as more particularly described below under Paragraph 1.1 below. C. Seller and the District have reached agreement on the terms and conditions of acquisition of Seller’s Property, and this Agreement sets forth the rights and obligations of Seller to assign and sell and the District to acquire all right, title and interest in Seller’s Property under the terms and conditions set forth below in lieu of condemnation.

II. AGREEMENT In consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser agree as follows:

1. Property.

1.1 Purchaser agrees to purchase, and Seller agrees to sell and convey, under the terms and conditions set forth below, the Real Property together with a residence and all improvements located on the Real Property, any and all utility and stormwater improvements of any nature, any sheds and outbuildings, all development, land use and zoning approvals, authorizations and permits, any utility permits and approvals, site plans, any construction and building permits, easements, licenses, surveys, entitlements, applications, agreements, and any and all building and engineering plans and property reports or studies related to the condition or development of the Real Property (hereinafter, collectively, the “Property”).



1.2 Seller and Purchaser acknowledge and agree that if the legal description set forth on Exhibit A attached hereto is not a complete or is inaccurate, Seller and Purchaser agree to amend this Agreement to conform the legal description to the Title Commitment to be insured by the Title Company as described under Paragraph 4.1.9 below.

2. Purchase Price. The total purchase price shall be Two Hundred Ten Thousand and No/100 Dollars ($210,000.00), including earnest money deposited with Closing Agent (as defined under Paragraph 11.2 below) in accordance with Paragraph 3, due and payable in cash at Closing (the “Purchase Price”). 3. Earnest Money Deposit. 3.1 Within five (5) business days of the Effective Date of this Agreement, Purchaser shall deliver to Closing Agent (as defined under Paragraph 11.2 below) the sum of Ten Thousand and No/100 Dollars ($7,500.00) in cash, as an earnest money deposit (the “Deposit”). The Deposit shall become non-refundable after Purchaser's removal of all of the Contingencies set forth under Paragraphs 4.1.1 through 4.1.4 below: (i) except subject to satisfaction of the conditions to close the transaction contemplated under the Agreement as set forth under Paragraphs 4.1.5 through 4.1.9, (ii) absent Seller's default and (iii) except as otherwise provided herein, and shall be applied towards the Purchase Price upon Closing. 3.2 The last party’s execution date of this Agreement shall be referred to herein as (the "Effective Date"). 4. Contingencies. 4.1 Purchaser’s Contingencies. The Purchaser's duty to purchase the Property and to close the transaction contemplated under this Agreement on the Closing Date (as defined hereinbelow) is expressly conditioned upon the satisfaction of the following Conditions: 4.1.1 Feasibility Review. On or before May 5, 2016 (“Feasibility Contingency Period”), Purchaser shall determine, in Purchaser’s sole and absolute discretion, at Purchaser’s sole expense, that the Property is feasible for Purchaser’s intended use of the Property. Such feasibility study of all aspects of the Property shall include, but shall not be limited to: zoning evaluation, State Environmental Policy Act review, soils testing, wetlands review, engineering evaluation, mechanical, electrical and structural inspection of the improvements on the Property, geotechnical inspection, sanitary sewer system inspection, stormwater evaluation, environmental assessment, surveying, traffic study analysis, and such other inspection, tests, and studies as Purchaser deems necessary, in Purchaser’s sole and absolute discretion. 4.1.2 Escrow Holdback Agreement. On or before May 5, 2016 (the “Escrow Holdback Agreement Contingency Period”), Purchaser reaching agreement with Seller, in Purchaser’s sole and absolute discretion, for the Holdback of the sum of Three Thousand and No/100 Dollars ($3,000.00) from Seller’s proceeds by Closing Agent in



accordance with an Escrow Holdback Agreement, to be prepared by Purchaser’s legal counsel, to be executed at Closing for the purpose of reimbursement to Purchaser for such costs and expenses, if any, associated with the removal of any of Seller’s personal property following vacation of the Property on or before August 31, 2016, the termination date of the Security Services and Caretaker’s Agreement (the “Termination Date of Caretaker’s Agreement”) between Purchaser and Seller described under Paragraph 4.1.3 below and for reimbursement to Purchaser of any unpaid utility charges or other third party charges accruing to the Termination Date of Caretaker’s Agreement. Any remaining Holdback shall be disbursed to Seller by Closing Agent following reimbursement of Purchaser in accordance with such Escrow Holdback Agreement. 4.1.3 Caretaker’s Agreement. On or before May 5, 2016 (the “Caretaker’s Agreement”), Purchaser reaching agreement with Seller, in Purchaser’s sole and absolute discretion, wherein Seller shall have the right to occupy the Property until August 31, 2016 under the terms and conditions of a Caretaker’s Agreement which shall include the payment of monthly utilities but which shall not include the payment of rent in consideration of closing of the transaction contemplated under this Agreement and Seller providing security, caretaking and ordinary maintenance of the Property. 4.1.4 Purchaser’s Board Approval. On or before May 4, 2016 (the “Board Approval Contingency Period”), Purchaser’s Board of Directors shall approve in an open, public meeting, in Purchaser’s Board of Director’s sole and absolute discretion, the terms and conditions of this Agreement. 4.1.5 Representations of Seller. Each of Seller’s representations and warranties set forth under Paragraphs 9.1.1 through 9.1.9 below shall be true and correct in all material respects as of the Effective Date and as of the Closing Date. 4.1.6 Seller Covenants. Seller shall have complied with, fulfilled, and performed in all material respects each covenant, term, and condition to be complied with, fulfilled, or performed by Seller under this Agreement on or before the Closing Date 4.1.7 No Material Change to Property. There shall be no material adverse change to the Property on or before Closing. 4.1.8 Title Policy Delivery. Prior to Closing, Purchaser obtaining evidence satisfactory to Purchaser that the Title Company (as defined below under Paragraph 7 below) is prepared to issue to Purchaser a policy of Title Insurance consistent with Purchaser’s Permitted Exceptions (as defined below under Paragraph 7). 4.1.9 Seller Deliveries. At Closing, Seller shall deliver to Purchaser, Title Company, or Closing Agent each of the following: 4.1.9(i) Escrow Holdback Agreement executed by Seller;



4.1.9(ii) Caretaker’s Agreement executed by Seller; 4.1.9(iii) An affidavit executed by Seller that Seller is not a “foreign person” as defined in Internal Revenue Code §1445; 4.1.9(iv) An owner’s affidavit as may be required by Title Company in the event that Purchaser elects extended coverage; 4.1.9(v) A certificate of representation executed by Seller as described under Paragraph 9.1 below; and 4.1.9(vi) The Deed described under Paragraph 8 below. 4.2 Notice of Satisfaction or Waiver of Contingencies. Purchaser shall notify Seller in writing of satisfaction or waiver of the Feasibility Contingencies set forth under Paragraphs 4.1.1 through 4.1.4 within the time periods designated above. The Closing Contingencies set forth under Paragraphs 4.1.5 through 4.1.9 shall be satisfied on or before Closing. In the event the conditions set forth under Paragraphs 4.1.1 through 4.1.9 have not been satisfied or waived by Purchaser, within its sole and absolute discretion, and for any reason whatsoever, within the time periods set forth therein, this Agreement shall be deemed to be terminated, all rights and obligations of the parties shall be terminated except as otherwise provided under this Agreement, and Purchaser’s Deposit shall be fully refundable. 5. Right of Access to, Inspections, and Entry Upon Property.

5.1 Purchaser shall be permitted reasonable access to the Property during

commercially reasonable hours for inspections and tests prior to the expiration of the Feasibility Contingency Period. Purchaser shall give Seller not less than two (2) days advance notice (by telephone) of its investigation or inspection of the Property, identifying the individual and entity conducting the investigation or inspection, describing the nature of the investigation or inspection to be undertaken and the estimated duration of the investigation or inspection. Seller shall have the right to accompany Purchaser and its agents, representatives and contractors that are performing tests or investigation on or about the Property in connection with such testing. Purchaser covenants that it will conduct its tests and other due diligence activities in a professional manner. Notwithstanding any provision in this Agreement to the contrary, in the course of its investigations, Purchaser may make inquiries to third parties relating to the Property, including, without limitation, contractors and municipal, local, and other government officials and representatives, and Seller hereby consents to such inquiries.

5.2 Purchaser shall indemnify, defend and hold Seller harmless from and against all losses, damages, liabilities, claims, fines, penalties, causes of action and expenses (collectively “Claims”) arising from or relating to the activities of Purchaser or its agents, employees, representatives, consultants or contractors on the Real Property, including but not limited to clean-up costs related to the presence of Hazardous Materials solely attributable to Purchaser's presence or activities, provided that such obligation shall not apply to Claims



resulting from pre-existing conditions, (other than to the extent such pre-existing conditions have been exacerbated by or from the activities of Purchaser or its agents, employees, representatives, consultants or contractors on the Real Property before Closing). If Purchaser does not purchase the Property, Purchaser shall repair any damage to the Property caused by Purchaser’s presence or activities on or about the Property. The terms of this Paragraph 5.2 shall survive Closing or termination of this Agreement.

5.3 For purposes of Paragraph 5, “Hazardous Material” shall mean any substance, chemical, waste, or other material which is listed, defined or otherwise identified as “hazardous” or “toxic” under any federal, state, local or administrative agency ordinance or law, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., the Federal Water Pollution Control Act, U.S.C. §§ 1251 et seq., the Clean Air Act, 42 U.S.C. §§ 4701 et seq., or analogous state or local statute or ordinance, or any regulation, order, or rule adopted thereunder, as well as any formaldehyde, urea, polychlorinated biphenyls petroleum, petroleum product or by-product, crude oil, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel or mixture thereof, asbestos, and “source,” “special nuclear” and “by-product” material as defined in the Atomic Energy Act of 1985, 42 U.S.C. §§ 3011 et seq. 6. Document Delivery. 6.1 Within five (5) days from the Effective Date of this Agreement, Seller shall provide Purchaser with copies of any and all agreements, contracts, or other contractual arrangements relating in any manner to the Property, surveys, environmental reports, assessments or notices, including such notices from any governmental entity or agency, any land use development applications and approvals, any civil engineering reports or studies, geotechnical reports or studies, inspection reports and any and all other documents, records or information in Seller’s possession relating to the Property and such other documents, records and information reasonably requested by Purchaser, which Seller may have in its possession. 6.2 Seller shall provide Purchaser with a Property Disclosure Statement (commonly known as Form 17) as timely required under RCW ch. 64.06. 6.3 In the event this Agreement fails to close, at Seller’s written request, Purchaser shall provide Seller with copies, at a reasonable charge to Seller, of all studies, reports, evaluations, inspections and any other public document or information produced by Purchaser except those documents as may be privileged under the attorney-client work product or privilege. 7. Title Insurance and Condition of Title. 7.1 As of the Reference Date, Purchaser has received a preliminary commitment (the "Commitment") for a title insurance policy (the “Title Policy”) to the Property from Chicago Title Company of Washington (“Title Company”) under Order No. 0058892 together with a copy of the documents forming the basis for each exception therein (the



“Exception Documents”). Within seven (7) days from the Effective Date of this Agreement, Purchaser shall advise Seller in writing of Purchaser's approval or disapproval of the Commitment in Purchaser's sole discretion, setting forth with specificity the item(s) which Purchaser disapproves. Purchaser’s approval or waiver of an exception shall deem to be a “Permitted Exception”. If Purchaser indicates its disapproval of the status of title, then Seller shall advise Purchaser within three (3) days thereafter whether Seller can and will remove the items Purchaser disapproves. Seller shall have no duty or obligation of any kind or nature to remove items to which Purchaser objects and may, in its sole and absolute discretion, choose not to remove any or all of such objectionable items. If Seller does not indicate that it will remove all such objectionable items, then, unless within three (3) days thereafter Purchaser advises Seller in writing that Purchaser is waiving its remaining title objections, this Agreement shall thereupon be terminated, and the Deposit shall be returned to Purchaser.

7.2 Within three (3) days of receipt of any Supplement to the Commitment (and in any event prior to Closing), Purchaser shall advise Seller in writing of Purchaser's approval or disapproval thereof in Purchaser's sole discretion, setting forth with specificity the item(s) which Purchaser disapproves. If Purchaser indicates its disapproval of any such item, then Seller shall advise Purchaser within three (3) days thereafter (and in any event prior to Closing) whether Seller can and will remove the items Purchaser disapproves. Seller shall have no duty or obligation of any kind or nature to remove items to which Purchaser objects and may, in its sole and absolute discretion, choose not to remove any or all of such objectionable items. If Seller does not indicate that it will remove all such objectionable items, then, unless within three (3) days thereafter Purchaser advises Seller in writing that Purchaser is waiving its remaining title objections, this Agreement shall thereupon be terminated, and the Deposit shall be returned to Purchaser.

7.3 At Purchaser's sole option and at Purchaser’s sole expense, Purchaser shall be responsible for bearing the expense of an owner’s extended form title insurance coverage and such special endorsements requested by Purchaser. 8. Conveyance. Title shall be conveyed by Statutory Warranty Deed free of encumbrances, defects and restrictions of record except those Permitted Exceptions as provided under Paragraph 7 above. 9. Representations and Warranties.

9.1 Seller's Representations and Warranties. The warranties and representations of Seller set forth below are true and correct as of the Effective Date; provided, however, it shall be a condition to Purchaser’s obligation to close the transaction contemplated herein, that these warranties and representations shall be true and correct as of the Closing Date. Seller shall execute and deliver at Closing, a certificate (the “Representations Certificate”) confirming the accuracy of the above warranties and representations as of the Closing Date, and which Certificate shall survive Closing.

9.1.1 Power and Authority. Seller has the authority and power to enter into this Agreement and consummate the transaction provided for herein. This



Agreement and all other documents executed and delivered by Seller constitute a legal, valid, binding and enforceable obligation of Seller. 9.1.2 No Claims/Legal Action/Investigations. There are no claims, actions, lawsuits, proceedings, investigations pending, or notices of violation of any statutes, ordinances, regulations or policies from any Federal, State or local governmental entity or agency or to Seller's knowledge, threatened, before any governmental entity, agency, court or other governmental authority relating in any manner whatsoever to the Property. 9.1.3 No Liens. There are no mechanic’s or material men’s claim notices or liens or judgment liens against the Property. 9.1.4 No Agreements. Seller warrants that it has not entered into any written or verbal contract or agreement for the prior sale, lease, rental, use or improvement of the Property or any portion thereof, which contract or agreement may still be binding against said Property and may subsequently result in the claim thereto. Seller shall not sell, assign or convey any right, title, or interest whatever in the Property to any third party, or create or permit to exist any lien, encumbrance, easement, or charge thereon which will not be released or paid in full at time of Closing. 9.1.5 No Grading, Dumping, Storage on the Property. Seller represents and warrants to Purchaser that during the term of this Agreement Seller or any agent of Seller will not use or occupy the Property for stockpiling, storage or dumping of any materials of any nature on the Property, grading of the Property, and removal of any materials, trees, shrubs, vegetation or soils from the Property.

9.1.6 Hazardous Substances. To the best of Seller’s knowledge, Seller warrants that (i) no environmentally significant amount of hazardous substances has been generated, treated, released, stored or disposed of, or otherwise deposited on the Property, including without limitation the surface and subsurface waters of the Property; (ii) there are no underground or above-ground storage tanks on the Property; (iii) there are no environmentally significant amount of hazardous substances on any other property adjacent to the Property which may support a claim or cause of action under any federal, state or local environmental statute, ordinance, regulation or other regulatory requirement; and (iv) Seller has not received any notification from any Federal, State or local governmental entity or agency of any violation of or claim of violation for the storage or disposal of any toxic or hazardous waste, material, or substance. As used herein the term "Hazardous Substances" shall mean: (a) any radioactive materials and (b) any substance or material the transportation, storage, treatment, handling, use, removal or release of which is subject to any law regarding health, safety, radioactive materials or the environment (an "Environmental Law"). Without limiting the generality of the foregoing, "Hazardous Substances" shall include: asbestos and asbestos-containing materials (whether or not friable); urea-formaldehyde in any of its forms; polychlorinated biphenyls; oil, used oil; petroleum products and their by-products; lead-based paint; radon; and any substances defined as "hazardous waste," "hazardous substances,"



"pollutants or contaminants," "toxic substances," "hazardous chemicals," "hazardous pollutants," or "toxic chemicals" under an Environmental Law.

9.1.7 Creditors. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending or threatened against Seller, nor are any of such proceedings contemplated by Seller. 9.1.8 Assessments. There are no special or general assessments which have been levied against the Real Property or to the best of Seller’s knowledge, there are no assessments proposed to be levied against the Real Property. 9.1.9 Foreign Person or Entity. Seller is not a foreign person, non-resident alien, foreign corporation, foreign partnership, foreign trust, or foreign estate, as those terms are defined in the Internal Revenue Code and the Income Tax Regulations promulgated thereunder.

9.2 Purchaser’s Representations and Warranties. Purchaser makes the following representations and warranties to Sellers:

9.2.1 Purchaser's Authority. Upon Purchaser’s Board approval of this Agreement as set forth under Paragraph 4.1.4 above, Purchaser has the requisite power and authority to enter into the transaction contemplated in this Agreement; and the execution, delivery and performance of this Agreement by Purchaser have been duly and validly authorized by all necessary action and proceedings, and no further action or authorization is necessary on the part of Purchaser in order to consummate the transactions contemplated herein.

9.2.2 No Conflict. Upon Purchaser’s Board approval of this Agreement as set forth under Paragraph 4.1.4 above, neither the execution nor delivery of this Agreement by Purchaser, nor performance of any of its obligations hereunder, nor consummation of the transaction contemplated hereby, will conflict with, result in a breach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Purchaser was organized, or any agreement to which Purchaser is a party or by which it is bound, or any order of any court, regulatory body, administrative agency or governmental body having jurisdiction over Purchaser.

9.3 Disclosure. If prior to Closing either party discovers a fact or circumstance which renders a representation or warranty by Seller under Paragraphs 9.1.1 through 9.1.9 inaccurate in any material respect, it shall advise the other party thereof in writing within three (3) business days of such discovery. If Purchaser discovers or is so advised in writing of such a fact or circumstance, and Seller is unwilling to correct the inaccuracy, then Purchaser shall have, as its sole and exclusive remedy, the option, exercisable within three (3) business days thereafter to either (a) elect to terminate this Agreement and receive a return of the Deposit or (b) to waive such inaccuracy in writing, in which event it shall be deemed to have waived all claims and causes of action against Seller related to the inaccuracy.



10. "AS-IS" SALE. PURSUANT TO THIS AGREEMENT, PURCHASER

AND ITS REPRESENTATIVES (INCLUDING BUT NOT LIMITED TO ENVIRONMENTAL CONSULTANTS, ARCHITECTS AND ENGINEERS) HAVE BEEN OR WILL BE AFFORDED THE RIGHT AND OPPORTUNITY TO ENTER UPON THE PROPERTY AND TO MAKE SUCH INSPECTIONS OF THE PROPERTY AND MATTERS RELATED THERETO, INCLUDING THE CONDUCT OF SOIL, ENVIRONMENTAL AND ENGINEERING TESTS, AS PURCHASER AND ITS REPRESENTATIVES DESIRE. PURCHASER FURTHER ACKNOWLEDGES THAT, EXCEPT AS SET FORTH UNDER THE STATUTORY WARRANTY DEED AND THE REPRESENTATIONS UNDER PARAGRAPH 10, PURCHASER IS ACQUIRING THE PROPERTY IN WHOLLY AN "AS-IS" CONDITION. 11. Closing. 11.1 Date of Closing. The closing of this transaction shall take place on or before May 31, 2016. For purposes of this Agreement, "Date of Closing" shall be construed as the date upon which all appropriate documents are recorded and proceeds of this sale are available for disbursement to Seller. 11.2 Place of Closing. The closing of this transaction shall take place through the escrow offices of Chicago Title Company of Washington, 4717 South 19th Street, Suite 101, Tacoma, WA 98405; Attention: Cynthia Foley, Telephone: 253-671-6627; Email: [email protected] (the “Closing Agent”). Closing Agent shall arrange with Seller and Purchaser for delivery of Escrow Documents by overnight delivery or such other delivery method for the convenience of Seller and Purchaser.

11.3 Closing Adjustments and Closing Costs. Purchaser shall be responsible for the cost of standard title insurance. The payment of real estate excise tax is subject to exemption under WAC 458-61A-206; Purchaser agrees to cooperate with Seller and submit such required documentation to obtain the real estate excise tax exemption under WAC 458-61A-206. Real and any personal property taxes, including but not limited to any delinquencies, penalties, and interest accrual shall be brought current by Seller at Closing. Purchaser is exempt from the payment of real estate taxes and Closing Agent shall not require payment of any real estate taxes by Purchaser for the period after closing as a condition of Closing. Purchaser shall bear all escrow fees (both Seller and Purchaser). Purchaser shall bear the recording fees and any reconveyance fee associated with clearing title to that certain Deed of Trust under Recording No. 201303290072 (the “Seller Deed of Trust”). Seller shall be responsible for any other monetary payment required to payoff Seller Deed of Trust. Purchaser shall be responsible for recording fees for the Statutory Warranty Deed. All utilities shall be handled outside of Closing. For purposes of calculating any prorations, Seller shall be deemed to be in title to the Property, and responsible for the expenses thereof, through midnight of the day before the Closing Date.

11.4 Execution of Documents. Both parties shall be obligated to execute all documents reasonably necessary to close the transaction upon request by the Closing


mailto:[email protected]


Agent in order that all appropriate and necessary documents are tendered to the Closing Agent prior to the Closing Date, including but not limited to any and all conveyances or instruments to clear title, including Seller Deed of Trust, the Escrow Holdback Agreement, the Caretaker’s Agreement, and the Statutory Warranty Deed.

12. Default.

12.1 Purchaser's Default. In the event the transaction contemplated under this Agreement fails to be consummated according to the terms of this Agreement by reason of any default of Purchaser, then, as Seller’s sole remedy, Seller shall be relieved of any obligation to sell the Property to Purchaser and the Deposit shall be retained by Seller as liquidated damages and as consideration for Seller keeping the Property off of the market for sale to others. Purchaser and Seller agree that it would be impractical and extremely difficult to fix the actual damages that seller might suffer in the event of Purchaser’s default hereunder. Purchaser and Seller agree that the amount of liquidated damages provided for in this section is a fair and reasonable estimate of such damages.

12.2 Seller's Default. If Seller fails or refuses to consummate the transaction contemplated under this Agreement without legal excuse, Purchaser shall have the right to the return of its Deposit together with accrued interest thereon, or shall have the right to enforce this Agreement by specific performance or any other remedy available at law or in equity.

Purchaser's Initials _______ Seller's Initials ________

13. Risk of Loss. Seller shall bear the risk of casualty or loss to the Property, including the improvements on the Property until this transaction has closed. In the event of any casualty or loss of any nature or in any amount occurs to the Property before Closing, Purchaser shall have the option, at Purchaser’s sole and absolute discretion, of terminating this Agreement and the Deposit shall be immediately refundable to Purchaser. 14. Possession. Purchaser shall be entitled to possession of the Property upon the earlier of termination or expiration of the Caretaker’s Agreement described under Paragraph 4.1.3 above. 15. Real Estate Commission. Seller and Purchaser represent and warrant to each other that no broker or finder has been engaged by Purchaser or Seller in connection with the transaction contemplated under this Agreement. In the event of any claims for brokers’ or finders’ fees or commissions in connection with the negotiation, execution, or consummation of this Agreement, then Seller or Purchaser, as the case may be, shall defend, indemnify, hold harmless, and defend the other party for, from, and against such claims if they shall be based on any statement or representation or agreement by Purchaser or Seller, as the case may be.

16. Attorney's Fees. In the event that either party to this Agreement institutes a suit, action, arbitration, or other legal proceeding of any nature whatsoever relating to this Agreement or to the rights or obligations of the parties with respect thereto, the prevailing party shall be entitled to recover from the losing party its reasonable attorney, paralegal,



accountant, expert witness (whether or not called to testify at trial or other proceeding) and other professional fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, including but not limited to deposition transcript and court reporter costs, as determined by the judge or arbitrator at trial or other proceeding, and including such fees, costs and expenses incurred in any appellate or review proceeding, or in collecting any judgment or award, or in enforcing any decree rendered with respect thereto, in addition to all other amounts, provided for by law. This cost and attorney fees provision shall apply with respect to any litigation or other proceedings in bankruptcy court, including litigation or proceedings related to issues unique to bankruptcy law. The “prevailing party” is the party that receives a net monetary award after all just and due credits and offsets

17. Integration; Modification; Waiver. This Agreement constitutes the complete and final expression of the agreement of the parties relating to the Property, and supersedes all previous contracts, agreements, and understandings of the parties, either oral or written, relating to the Property. This Agreement cannot be modified, or any change hereof waived, except by an instrument in writing (referring specifically to this Agreement) executed by the party against whom enforcement of the modification or waiver is sought.

18. Assignment/Binding Nature. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their heirs except Seller shall have no right to assign this Agreement without the prior written consent of Purchaser, in its sole discretion.

19. Notices. All notices provided for herein may be delivered by facsimile transmittal (with machine verification of receipt), delivered by a recognized overnight courier service, or delivered by registered or certified mail, return receipt requested. If a notice is mailed, it shall be considered delivered three (3) days after deposit in such mail. If a notice is delivered via facsimile transmittal, it shall be deemed received upon receipt of verification of transmission. If a notice is delivered via overnight courier, it shall be deemed received upon the next business day. The addresses to be used in connection with such correspondence and notices are the following, or such other address as a party shall from time to time direct: Seller: Jennifer Maddax 1101 Wood Avenue Sumner, WA 98390 Telephone: 253.740.8881 Email: [email protected] Purchaser: 1202 Wood Avenue Sumner, WA 98390 Attention: Steve Sjolund, Educational Support Services Officer Telephone: 253-891-6058 Facsimile: 253-891-6097 Email: [email protected]





with a copy to: Mary J. Urback, Esq. Mary J. Urback PLLC 12417 12th Street East Edgewood, WA 98372 Telephone: 253-826-9504 Facsimile: 253-863-0225 Email: [email protected] 20. Calculation of Time Periods. Unless otherwise specified, in computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday. The final day of any such period shall be deemed to end at 5:00 p.m., Pacific Daylight Time. 21. Costs and Expenses. Except as otherwise provided herein, each party hereto will bear its own costs and expenses in connection with the negotiation, preparation and execution of this Agreement and other documentation related hereto and in the performance of its duties hereunder. 22. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any action or proceeding under this Agreement shall be Pierce County, Washington. 23. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or enforceable, the remaining terms and provisions of this agreement shall not be effected thereby, but each remaining term and provisions shall be valid and enforced to the fullest extent permitted by law. 24. Construction. Seller and Purchaser acknowledge that each party has had an opportunity to employ legal counsel or other representative to review this Agreement and such representative or legal counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments thereto, and the same shall be given a reasonable interpretation in accordance with the plain meaning of its terms and the intent of the parties. 25. Survival. Paragraphs 5.2, 5.3, 9, 10, 11.3, 12, and 15 – 26 shall survive the Closing of the transaction contemplated under this Agreement. 26. Time. Time is of the essence in each and every covenant and condition of the Agreement.




IN WITNESS WHEREOF, this Agreement is executed on the date and year set forth below the parties respective signatures. PURCHASER: SUMNER SCHOOL DISTRICT NO. 320, a Washington municipal corporation By: _________________________________ Laurie Dent Its: Acting Superintendent Date:________________________________

SELLER: JENNIFER MADDAX, a single woman By:_________________________________ Jennifer Maddax Date:________________________________



EXHIBIT A

LEGAL DESCRIPTION OF REAL PROPERTY

LOT 1, BLOCK 1, HENTON'S ADDITION TO THE TOWN OF SUMNER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 79, RECORDS OF PIERCE COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.


Adopted 5/2016

Policy No. 2409

Instruction

CREDIT FOR COMPETENCY-PROFICIENCY

(This policy is designed for competency/proficiency credit in world languages, but may be

expanded to grant credit in other subjects in which competencies include explicit,

measurable, transferable learning objectives and assessments for a meaningful and positive

learning experience for students.)

World Languages

The Board recognizes the value of preparing students to be global citizens with the skills to

communicate in English and other world languages. In our state’s diverse communities, it

is not unusual for students to have various opportunities to develop language skills, for

example, by using the language at home, attending language programs offered in the

community, learning online or living abroad. The district encourages students and their

families to take advantage of any language opportunities available to them.

To enable students to fully benefit from the advantages of multilingualism, the district will

encourage students to learn to understand, speak, read and write at a high level of

language proficiency. Proficiency can also be demonstrated in languages that are only

spoken or signed.

In order to recognize the language proficiecny of students, the superintendent is directed to

develop procedures for awarding world language credits to students based on

demonstrated proficiency across a range of language skills.

Physical Education

The board recognizes that Physical Education teaches our students that good health and

fitness principles can lead to a lifetime of healthy practices, resulting in more productive,

active, and successful lives. Providing our students a high quality physical education

program is critical to a complete education and development of the whole child that

students need and deserve.

We also believe that there is a difference between Physical Activity and Physical Education

– and that any competency credits for physical education must meet the essential learning

standards (EALRs) the state requires for physical education around movement, physical

fitness, and nutrition.

In order to recognize the physical education proficiency of students, the superintendent is

diercted to develop procedures for awarding physical education credits to students based

on demonstrated proficiency across the state essential learning requirements.

Passing a State Exam

If a student passes an EOC or other state exam but not the actual course, the district will

not change the letter grade which is properly assigned by teachers. The district will,


Adopted 5/2016

Policy No. 2409

Instruction

however, treat the EOC or other state exam as a replacement course and grant credit for

meeting competency per the State Board of Education.

Cross References: 2410 – High School Graduation Requirements

Legal References: RCW 28A.230.090 High school graduation requirements or

equivalencies – Reevaluation of graduation requirements –

Review and authorization of proposed changes – Credit for

courses taken before attending high school – Postsecondary

credit equivalencies

WAC 180-51-050 High school credit – Definition

WAC 392-415-050

Management Resources: 2010 – August Issue


Adopted 6/20/2012

Revised 5/2016

Policy No. 2421

Instruction

PROMOTION/RETENTION

All students will meet or exceed achievement and performance standards at key transition points

in the K-12 program before proceeding to the next level.

The superintendent/designee shall establish standards for student promotion.

Formerly Policy No. 3114

*3/2000 (Revised)

The board recognizes that the rate of physical, social, emotional and academic growth will

vary among individual students. Since each student grows at his/her own rate, these

individual growth characteristics will be recognized in classroom programming.

After a student has successfully completed a year of study at a specific grade level, he/she

will be promoted to the next grade. Retention at the same grade may be beneficial to the

student when he/she is not demonstrating minimum competency in basic skill subjects in

relation to ability and grade level. Retention should not be considered, except in these

instances where there is a strong likelihood that the student will benefit with minimum

social and emotional disruption.

The superintendent will establish procedures which provide that parents will be informed

at least one (1) quarter in advance of any retention decision on the part of the school.

Cross References: 2090 – Program Evaluation

Management Resources: 2015 – October Policy Issue


Adopted 4/2016

Regulations & Procedures No.

2409P

Insturction

CREDIT FOR COMPETENCY-PROFICIENCY

Credit for Competency/Proficiency

1. Definition:

Competency is defined by OSPI as students demonstrating mastery of state learning

outcomes in encouraging students to develop skills and dispositions important for

success in college, careers and citizenship.

2. Demonstrating Competency/Proficiency

The district will define and manage the assessment process so that students seeking

competency based credit can demonstrate competency/proficiency. Assessments will

be aligned to state or national standards in order to ensure consistency. The district

will select appropriate assessment instrument(s).

3. Determining Competency and Credit Equivalencies

The district will award one or more credits based on the student demonstrating an

overall proficiency.

Since students may demonstrate varied levels of proficiency across skills, credits will

be awarded based on the lowest common level of proficiency demonstrated across

the skill areas.

4. Offering Testing Opportunities When Credit is Earned Through Assessment

The district will manage the assessment process so that students have multiple

opportunities to take or retake the assessment(s) required to demonstrate

proficiency. Assessments must be offered in a proctored setting with appropriate

technology. The district will approve the site(s) where the assessments are offered,

which could include individual schools, district buildings, community colleges,

universities, educational service districts, or other community settings.

5. Paying for Assessments

The district will set a fee for the assessments to cover administrative costs, test fees,

and/or proctoring. Fees may vary depending on the assessment costs. The district

will offer financial assistance to students who demonstrate need, such as qualifying

for free or reduced price lunch. Current fees and financial assistance information

are available on the district website or at schools.

6. Reporting Results

The district will record official competency results for each student participating in

the assessment process. The district will provide a letter to the student with a copy

of the results and an indication of how many credits, if any, may be awarded. If

requested by the student, the school counselors will record the credits earned on the

official transcript. Credits will be awarded with a grade of “Pass.”


Revised 3/2000, 4/2016

Regulations & Procedures No. 2421P

Instruction

PROMOTION/RETENTION

Key transition points are entering grade 4 and entering grades 7 through 12.

Promotion will occur when a student has attained established standards for academic

achievement and demonstrated acquisition of required knowledge and skills as evidence of

preparedness to be successful at the next level.

For a student with Individualized Education Plan (IEP) goals, if those goals do not address

specific standards, then the standards for all students will be used. The IEP goals determine

appropriate achievement levels for promotion. As appropriate, a student's IEP is to align with

standards.

Students at risk of not meeting standards will be identified as early as possible. Strategies will be

implemented to monitor student work, assess achievement and intervene to accelerate progress.

Timely and effective communication among those involved (educational team, parent/guardian,

student, as appropriate) is essential.

Standards will include district assessments as well as classroom-based assessments.

Standards will be communicated to parents, school staff, and the public at the beginning of each

school year.

Prior to the end of the third quarter when possible the teacher will confer with the

principal regarding any student who should be considered for retention. Parents/guardians

will be invited to meet with the principal and teacher. Information will be presented to

explain the student’s progress to date. Parents will be advised on how they might assist the

student during the balance of the school year.

At least two (2) weeks prior to the end of the school year, the parent, principal and teacher

will again meet to review the latest progress and determine if the student’s need would be

best served by promotion or retention. If the parent wishes the student to be promoted

without regard to the school’s recommendation, the parent(s) will be asked to complete a

form reflecting the parent’s decision.


3wa6amswa12.p SUMNER SCHOOL DISTRICT #320 3:06 PM 04/11/16

05.16.02.00.05-010008 2015-2016 Budget Status Report PAGE: 1

10--General Fund-- FUND BALANCE -- AGENCY ACCOUNTS -- Revised -- BUDGET-STATUS-REPORT

Fiscal Year 2015 (September 1, 2015 - August 31, 2016)

For the SUMNER SCHOOL DISTRICT #320 School District for the Month of March , 2016

ANNUAL ACTUAL ACTUAL

A. REVENUES/OTHER FIN. SOURCES BUDGET FOR MONTH FOR YEAR ENCUMBRANCES BALANCE PERCENT

1000 LOCAL TAXES 20,536,999 830,898.99 10,154,113.16 10,382,885.84 49.44

2000 LOCAL SUPPORT NONTAX 5,684,364 579,732.57 3,704,902.42 1,979,461.58 65.18

3000 STATE, GENERAL PURPOSE 59,464,545 5,045,884.19 33,828,788.13 25,635,756.87 56.89

4000 STATE, SPECIAL PURPOSE 12,052,504 1,226,517.57 6,953,382.78 5,099,121.22 57.69

5000 FEDERAL, GENERAL PURPOSE 633,611 7,124.71 7,124.71 626,486.29 1.12

6000 FEDERAL, SPECIAL PURPOSE 5,774,585 488,813.27 2,663,815.74 3,110,769.26 46.13

7000 REVENUES FR OTH SCH DIST 882,889 20,090.55 433,678.55 449,210.45 49.12

8000 OTHER AGENCIES AND ASSOCIATES 39,200 9,637.80 25,543.90 13,656.10 65.16

9000 OTHER FINANCING SOURCES 779,000 216.70 779,426.33 426.33- 100.05

Total REVENUES/OTHER FIN. SOURCES 105,847,697 8,208,916.35 58,550,775.72 47,296,921.28 55.32

B. EXPENDITURES

00 Regular Instruction 62,167,147 5,289,230.52 35,158,233.04 23,691,696.86 3,317,217.10 94.66

10 Federal Stimulus 0 .00 .00 0.00 .00 0.00

20 Special Ed Instruction 11,310,351 1,002,070.22 6,512,505.66 4,557,411.65 240,433.69 97.87

30 Voc. Ed Instruction 3,274,825 258,681.58 1,558,873.71 955,126.36 760,824.93 76.77

40 Skills Center Instruction 0 .00 .00 0.00 .00 0.00

50+60 Compensatory Ed Instruct. 4,437,685 286,436.71 1,974,409.95 1,261,200.05 1,202,075.00 72.91

70 Other Instructional Pgms 182,694 14,053.01 88,315.30 32,549.38 61,829.32 66.16

80 Community Services 2,331,848 167,611.60 1,240,226.56 601,248.28 490,373.16 78.97

90 Support Services 22,143,147 1,866,685.55 12,696,142.37 6,886,783.53 2,560,221.10 88.44

Total EXPENDITURES 105,847,697 8,884,769.19 59,228,706.59 37,986,016.11 8,632,974.30 91.84

C. OTHER FIN. USES TRANS. OUT (GL 536) 0 .00 .00

D. OTHER FINANCING USES (GL 535) 0 .00 .00

E. EXCESS OF REVENUES/OTHER FIN.SOURCES

OVER(UNDER)EXP/OTH FIN USES (A-B-C-D) 0 675,852.84- 677,930.87- 677,930.87- 0.00

F. TOTAL BEGINNING FUND BALANCE 8,575,138 7,558,414.94

G. G/L 898 PRIOR YEAR ADJUSTMENTS(+OR-) XXXXXXXXX .00

H. TOTAL ENDING FUND BALANCE 8,575,138 6,880,484.07

(E+F + OR - G)


I. ENDING FUND BALANCE ACCOUNTS:

G/L 810 Restricted For Other Items 0 .00

G/L 815 Restric Unequalized Deduct Rev 0 .00

G/L 821 Restricted for Carryover 211,000 2,944.00

G/L 825 Restricted for Skills Center 0 .00

G/L 828 Restricted for C/O of FS Rev 0 .00

G/L 830 Reserved for Debt Service 0 .00

G/L 835 Restrictd For Arbitrage Rebate 0 .00

G/L 840 Nonspnd FB - Invent/Prepd Itms 175,000 67,575.11

G/L 845 Restricted for Self-Insurance 0 .00

G/L 850 Restricted for Uninsured Risks 0 .00

G/L 870 Committed to Other Purposes 980,730 .00

G/L 872 Committed to Min Fund Bal Polic 0 .00

G/L 875 Assigned Contingencies 0 .00

G/L 884 Assigned to Other Cap Projects 925,000 925,000.00

G/L 888 Assigned to Other Purposes 1,347,426 921,105.67

G/L 890 Unassigned Fund Balance 150,607 4,963,859.29

G/L 891 Unassigned Min Fnd Bal Policy 4,785,375 .00

TOTAL 8,575,138 6,880,484.07




20--Capital Projects-- FUND BALANCE -- AGENCY ACCOUNTS -- Revised -- BUDGET-STATUS-REPORT





1000 Local Taxes 2,553,800 101,518.35 1,257,456.27 1,296,343.73 49.24

2000 Local Support Nontax 1,027,400 172,376.10 762,112.32 265,287.68 74.18

3000 State, General Purpose 0 .00 .00 .00 0.00

4000 State, Special Purpose 0 .00 .00 .00 0.00

5000 Federal, General Purpose 0 .00 .00 .00 0.00

6000 Federal, Special Purpose 0 .00 .00 .00 0.00

7000 Revenues Fr Oth Sch Dist 0 .00 .00 .00 0.00

8000 Other Agencies and Associates 0 .00 .00 .00 0.00

9000 Other Financing Sources 0 .00 .00 .00 0.00

Total REVENUES/OTHER FIN. SOURCES 3,581,200 273,894.45 2,019,568.59 1,561,631.41 56.39

B. EXPENDITURES

10 Sites 9,746,937 89,156.53 895,341.92 58,065.81 8,793,529.27 9.78

20 Buildings 0 20,820.48 1,103,713.60 248,532.39 1,352,245.99- 0.00

30 Equipment 1,648,317 10,811.16 232,479.36 0.00 1,415,837.64 14.10

40 Energy 0 .00 60,000.00 2,489.64 62,489.64- 0.00

50 Sales & Lease Expenditure 0 .00 448.00 0.00 448.00- 0.00

60 Bond Issuance Expenditure 0 21,863.31 21,863.31 0.00 21,863.31- 0.00

90 Debt 0 .00 .00 600.00 600.00- 0.00

Total EXPENDITURES 11,395,254 142,651.48 2,313,846.19 309,687.84 8,771,719.97 23.02

C. OTHER FIN. USES TRANS. OUT (GL 536) 779,000 .00 775,552.00



OVER(UNDER)EXP/OTH FIN USES (A-B-C-D) 8,593,054- 131,242.97 1,069,829.60- 7,523,224.40 87.55-




(E+F + OR - G)



G/L 810 Restricted For Other Items 775,552 775,552.00-

G/L 825 Restricted for Skills Center 0 .00

G/L 830 Reserved fof Debt Service 0 .00


G/L 840 Nonspnd FB - Invent/Prepd Itms 0 .00


G/L 861 Restricted from Bond Proceeds 0 21,863.31-

G/L 862 Committed from Levy Proceeds 904,734 232,479.36-

G/L 863 Restricted from State Proceeds 0 .00

G/L 864 Rsrv Of Fed Proceeds 0 .00

G/L 865 Restricted from Other Proceeds 86,336 30,350.00

G/L 866 Restricted from Impact Proceeds 1,178,727 1,898,973.13

G/L 867 Restricted from Mitigation Fees 0 .00

G/L 869 Rsrvd UnDistrib Proceeds 0 .00

G/L 870 Committed to Other Purposes 0 .00

G/L 889 Assigned to Fund Purposes 45,349- 8,445,347.93

G/L 890 Unassigned Fund Balance 0 .00

TOTAL 2,900,000 9,344,776.39




30--Debt Service Fund-- FUND BALANCE -- AGENCY ACCOUNTS -- Revised -- BUDGET-STATUS-REPORT





1000 Local Taxes 11,021,598 434,352.78 5,403,971.95 5,617,626.05 49.03

2000 Local Support Nontax 5,000 503.14 2,830.45 2,169.55 56.61



6000 Federal, Special Purpose 0 .00 .00 .00 0.00

9000 Other Financing Sources 0 .00 .00 .00 0.00

Total REVENUES/OTHER FIN. SOURCES 11,026,598 434,855.92 5,406,802.40 5,619,795.60 49.03

B. EXPENDITURES

Matured Bond Expenditures 6,410,000 .00 5,355,000.00 0.00 1,055,000.00 83.54

Interest On Bonds 4,830,908 .00 2,458,896.50 0.00 2,372,011.50 50.90

Interfund Loan Interest 0 .00 .00 0.00 .00 0.00

Bond Transfer Fees 10,000 .00 .00 0.00 10,000.00 0.00

Arbitrage Rebate 0 .00 .00 0.00 .00 0.00

Underwriter's Fees 405,000 .00 .00 0.00 405,000.00 0.00

Total EXPENDITURES 11,655,908 .00 7,813,896.50 0.00 3,842,011.50 67.04

C. OTHER FIN. USES TRANS. OUT (GL 536) 0 .00 .00



OVER(UNDER)EXPENDITURES (A-B-C-D) 629,310- 434,855.92 2,407,094.10- 1,777,784.10- 282.50




(E+F + OR - G)


G/L 810 Restricted for Other Items 0 .00

G/L 830 Restricted for Debt Service 3,498,763 2,124,916.38



G/L 889 Assigned to Fund Purposes 0 .00


TOTAL 3,498,763 2,124,916.38




40--Associated Student Body Fund-- FUND BALANCE -- AGENCY ACCOUNTS -- Revised -- BUDGET-STATUS-REPORT




A. REVENUES BUDGET FOR MONTH FOR YEAR ENCUMBRANCES BALANCE PERCENT

1000 General Student Body 658,500 34,963.13 452,173.12 206,326.88 68.67

2000 Athletics 423,607 18,517.14 160,106.31 263,500.69 37.80

3000 Classes 98,900 4,779.00 7,877.80 91,022.20 7.97

4000 Clubs 773,697 34,193.69 185,356.22 588,340.78 23.96

6000 Private Moneys 342,915 34,292.62 66,039.57 276,875.43 19.26

Total REVENUES 2,297,619 126,745.58 871,553.02 1,426,065.98 37.93

B. EXPENDITURES

1000 General Student Body 439,115 25,142.36 199,235.56 84,101.94 155,777.50 64.52

2000 Athletics 589,215 29,168.23 313,116.60 81,943.54 194,154.86 67.05

3000 Classes 83,495 2,229.16 15,130.99 0.00 68,364.01 18.12

4000 Clubs 672,120 22,039.96 189,397.72 16,937.30 465,784.98 30.70

6000 Private Moneys 339,462 33,679.00 61,990.78 0.00 277,471.22 18.26

Total EXPENDITURES 2,123,407 112,258.71 778,871.65 182,982.78 1,161,552.57 45.30

C. EXCESS OF REVENUES

OVER(UNDER)EXPENDITURES (A-B) 174,212 14,486.87 92,681.37 81,530.63- 46.80-

D. TOTAL BEGINNING FUND BALANCE 821,150 798,503.66

E. G/L 898 PRIOR YEAR ADJUSTMENTS(+OR-) XXXXXXXXX .00

F. TOTAL ENDING FUND BALANCE 995,362 891,185.03

C+D + OR - E)

G. ENDING FUND BALANCE ACCOUNTS:

G/L 810 Restricted for Other Items 0 .00

G/L 819 Restricted for Fund Purposes 995,362 891,185.03

G/L 840 Nonspnd FB - Invent/Prepd Itms 0 .00





TOTAL 995,362 891,185.03




90--Transportation Vehicle Fund-- FUND BALANCE -- AGENCY ACCOUNTS -- Revised -- BUDGET-STATUS-REPORT





1000 Local Taxes 0 .00 .00 .00 0.00

2000 Local Nontax 500 137.33 500.21 .21- 100.04


4000 State, Special Purpose 370,000 .00 .00 370,000.00 0.00


8000 Other Agencies and Associates 0 .00 .00 .00 0.00

9000 Other Financing Sources 2,000 68,728.49 68,728.49 66,728.49- > 1000

A. TOTAL REV/OTHER FIN.SRCS(LESS TRANS) 372,500 68,865.82 69,228.70 303,271.30 18.58

B. 9900 TRANSFERS IN FROM GF 0 .00 .00 .00 0.00

C. Total REV./OTHER FIN. SOURCES 372,500 68,865.82 69,228.70 303,271.30 18.58

D. EXPENDITURES

Type 30 Equipment 805,590 .00 .00 416,039.38 389,550.62 51.64

Type 60 Bond Levy Issuance 0 .00 .00 0.00 .00 0.00

Type 90 Debt 0 .00 .00 0.00 .00 0.00

Total EXPENDITURES 805,590 .00 .00 416,039.38 389,550.62 51.64

E. OTHER FIN. USES TRANS. OUT (GL 536) 0 .00 .00

F. OTHER FINANCING USES (GL 535) 0 .00 .00

G. EXCESS OF REVENUES/OTHER FIN SOURCES

OVER(UNDER)EXP/OTH FIN USES (C-D-E-F) 433,090- 68,865.82 69,228.70 502,318.70 115.98-

H. TOTAL BEGINNING FUND BALANCE 433,590 438,632.26

I. G/L 898 PRIOR YEAR ADJUSTMENTS(+OR-) XXXXXXXXX .00

J. TOTAL ENDING FUND BALANCE 500 507,860.96

(G+H + OR - I)

K. ENDING FUND BALANCE ACCOUNTS:

G/L 810 Restricted For Other Items 0 .00

G/L 819 Restricted for Fund Purposes 500 507,860.96

G/L 830 Reserved for Debt Service 0 .00





TOTAL 500 507,860.96
