WEST DES MOINES COMMUNITY SCHOOL DISTRICT

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Aug 11, 2014 - Dr. Remy then introduced Paul Buck, director of New School Development for the New Tech Network, Napa,. C
WESTDESMOINES COMMUNITYSCHOOLDISTRICT    

BoardofEducationRegularMeeting  August11,2014

West Des Moines Community Schools District Goals Mission Statement Working in partnership with each family and the community, it is the mission of the district to educate responsible, lifelong learners so that each student possesses the skills, knowledge, creativity, sense of self-worth and values necessary to thrive in and contribute to a diverse and changing world. Guiding Principles Continuous Improvement Personalized Learning Optimum Use of Resources Integration Diversity Shared Vision The West Des Moines Community Schools will be a caring community of learners that knows and lifts every child. We will inspire joy in learning. Our schools will excel at preparing each student for his or her life journey. District Goals Using the Mission Statement as our foundation and the Guiding Principles to inform our actions, the district will work toward the realization of the Shared Vision by accomplishing the following goals as set forth by the Board of Education: 1. Close the gap between present practices and the Shared Vision. (Originally approved by the Board of Education February 2002; reviewed and modified March 2003; reviewed February 2004, March 2005, March 2006, March 2007, March 2008, March 2009, April 2010, April 2011, June 2012, June 2013, June 2014.)

2. Improve student achievement through effective instructional and assessment practices. (Originally approved by the Board of Education January 1999; reviewed and affirmed April 2001; reviewed and modified February 2002 and March 2003; reviewed February 2004 & March 2005; reviewed and modified March 2006; reviewed March 2007, March 2008, March 2009, April 2010, April 2011, June 2012, June 2013, June 2014.)

West Des Moines Community Schools Guiding Principles

Continuous Improvement We continuously develop new ways to measure and assess our effectiveness and the quality of our programs and services. Ongoing communication among students, staff and families and the community results in new learning and improvement. Personalized Learning We commit to knowing each student an individual, providing meaningful and appropriate learning experiences in a caring environment. Optimum Use of Resources We value every person, place and thing as a resource for building our learning community. We maintain accountability and responsibility while encouraging the creative and flexible use of these resources to support learning. Integration We create and strengthen relationships that support learning. The interrelationships among our programs, services, people and other resources are vital to the success of our learning community. Diversity We seek ways to learn about and understand the uniqueness of each person. We need differences to enrich our relationships, our community and our quest for continuous improvement.

West Des Moines Community School District Board of Education Workshop Preliminary Agenda August 11, 2014 5:15 p.m. Fairmeadows Room Learning Resource Center 3550 Mills Civic Parkway West Des Moines, IA 50265

Tentative Time

Item

Recommended Disposition

Bd. Policy Number

5:15 p.m.

I.

Call to Order

Elizabeth Brennan

210.3

5:16 p.m.

II.

Roll Call

Elaine Watkins-Miller

210.3

5:20 p.m.

III.

Topic: Special Education Delivery Plan

6:00 p.m.

IV.

Request for Executive Session: [Iowa Code 21.5 (1) (c)] To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.

201.3

6:25 p.m.

V.

Motion to Reconvene from Executive Session into Regular Session

201.3

6:30 p.m.

VI.

Adjournment

Elizabeth Brennan

210.3

No qualified individual with a disability will be excluded on the basis of a disability from participating in this meeting. To receive more information or request an accommodation to participate, please contact Elaine Watkins-Miller, Board Secretary at 633-5023.

West Des Moines Community School District Board of Education Meeting Agenda August 11, 2014 7:00 p.m. Community Room Learning Resource Center 3550 Mills Civic Parkway West Des Moines, IA 50265

Tentative Time

Item

Recommended Disposition

Bd. Policy Number

7:00 p.m.

I.

Call to Order

Elizabeth Brennan

210.3

7:01 p.m.

II.

Roll Call

Elaine Watkins-Miller

210.3

7:05 p.m.

III.

Open Forum

7:15 p.m.

IV.

Consent Agenda a. Minutes  Workshop July 14, 2014  Regular Meeting July 14, 2014 b. Personnel  Resignations  Recommendations  New Hires – Support Staff  Initial Contracts – Certified Staff c. Bills for Payment d. Student Trip Requests e. Facility Projects/Contracts  Change Order(s) – VHS Phase 3B  Change Order(s) – Fairmeadows 2014

211

212.1

304.1, 407.1, 412.1, 415.1, 420.1 302.4, 418.2 4210.2, 413.2

7:25 p.m.

V.

Superintendent’s Report

Report only

7:45 p.m.

VI..

Board Reports Report only a. Superintendent’s Advisory Board Policy Committee b. Superintendent’s Advisory Facility & Finance Committee c. Superintendent’s Advisory Human Resources Committee d. Superintendent’s Advisory Teaching & Learning Committee

7:50 p.m.

VII.

Open Enrollment

Review and/or approve

7:55 p.m.

VIII.

Facility Projects a. Construction Project Update

Review and/or approve

8:00 p.m.

IX.

Contracts/Agreements a. Y Camp – Drama students’ field trip b. Tiger Select Football Club c. City of West Des Moines – teen center d. Statewide Voluntary Preschool Program e. Polk County Early Childhood f. The Conley Group

Review and/or approve

309.1

g. h. i. j. k. l.

Central Buying Consortium – 28E Bimbo Bakeries USA Hiland Dairy Foods Company Loffredo Fresh Produce EMS Detergent Martin Brothers

8:05 p.m.

X.

2014-15 Nutrition Fees

Review and/or approve

8:10 p.m.

XI.

Special Education Service Delivery Plan 2014-2020

Review and/or approve

8:15 p.m.

XII.

2014-15 Special Education Handbook

Review and/or approve

8:20 p.m.

XIII.

Board Policies 700 Series & 505.6

Review and/or approve

8:25 p.m.

XIV.

Application for DHS Childcare License

Review and/or approve

8:30 p.m.

XV.

Bills for Payment – Competitive Edge

Review and/or approve

8:35 p.m.

XVI.

Hillside Litigation Settlement Agreement

Review and/or approve

8:40 p.m.

XVII.

Adjournment

Approve

210.3

No qualified individual with a disability will be excluded on the basis of a disability from participating in this meeting. To receive more information or request an accommodation to participate, please contact Elaine Watkins-Miller, Board Secretary at 633-5023.

West Des Moines Community School District Board of Education Meeting Table of Contents August 11, 2014

Page Number Item Consent Agenda a. Minutes b. Personnel c. Bills for Payment d. Student Trip Requests e. Facility Projects/Contracts  Change Order(s) – VHS Phase 3B  Change Order(s) – Fairmeadows 2014

1 2 15 18 40 43 49 92

Superintendent’s Report

98

Open Enrollment

99

Facility Projects a. Construction Project Update

102

Contracts/Agreements a. Y Camp – Drama students’ field trip b. Tiger Select Football Club c. City of West Des Moines – teen center d. Statewide Voluntary Preschool Program e. Polk County Early Childhood f. The Conley Group g. Central Buying Consortium – 28E h. Bimbo Bakeries USA i. Hiland Dairy Foods Company j. Loffredo Fresh Produce k. EMS Detergent l. Martin Brothers

103 107 113 116 127 175 189 192 196 197 198 199 200

2014-15 Nutrition Fees

201

Special Education Service Delivery Plan 2014-2020

203

2014-15 Special Education Handbook

226

Board Policies - 700 Series & 505.6

230

Application for DHS Childcare License

301

Bills for Payment – Competitive Edge

310

Calendar

312

Board Agenda IV IV-a Minutes IV-b Personnel IV-c Bills for Payment IV-d Student Trip Requests IV-e Facility Projects/Contracts August 11, 2014 Dr. Lisa Remy, Dr. Laurene Lanich, Carol Seid, Paul Bobek, Elaine Watkins-Miller

Page 1 of 314

Board Agenda IV-a Regular Meeting August 11, 2014

 July 14, 2014 Workshop  July 14, 2014 Regular Meeting

Elaine Watkins-Miller

Page 2 of 314

WORKSHOP MINUTES July 14, 2014

I. Call to Order II. Roll Call III. Topic: New Tech Network IV. Adjournment The workshop of the Board of Education of the West Des Moines Community School District was held on Monday, July 14, 2014, at the Learning Resource Center, 3550 Mills Civic Parkway, West Des Moines, Iowa 50265. I. Call to Order: The meeting was called to order by President Elizabeth Brennan at 4:31 p.m. II. Roll Call: The secretary noted the following Board members present: Elizabeth Brennan, David Brown (arrived at 4:35 p.m.), Kevin Carroll, H. Milton Cole, Andi Lipman, Vicky Poole (arrived at 4:52 p.m.) and Tali Greenspon (arrived at 4:52 p.m.). Absent: None. III. Topic: New Tech Network: West Des Moines Community Schools Superintendent Dr. Lisa Remy thanked everyone for being here and asked that the individuals at the table introduce themselves. There were about 18 guests at the Board meeting, including two representatives from community businesses, two representatives from the city of West Des Moines, 10 district administrators, three teachers, and a parent. Dr. Remy then introduced Paul Buck, director of New School Development for the New Tech Network, Napa, California. Buck spoke a bit about his background and his role with the Network. Buck began with the “Know”/”Need to Know” portion of the meeting, which he says mirrors what goes on in a project-based classroom. He then asked members what they currently know about the New Tech Network and what they don’t know about it. Participants provided input. Buck explained who is involved in the Network and more about the organization. He noted that the New Tech design is simply a blueprint accompanied by a set of core beliefs, tools, and strategies to help each school become successful. Because each school’s context is different, it is local leadership, judgment, and adaptability that lead to long-term success, he said. He then went through the “Golden Circle,” defining the why, what and how, of the New Tech Network (NTN):  Why? To ensure all students graduate with the knowledge, skills, and attributes they will need to thrive in post-secondary education, careers, and civic life.  How? At its core, NTN builds the human and organizational capacity in school systems to reimagine teaching and learning.  What? We develop innovative learning environments built around a culture that empowers, teaching that engages, and technology that enables. He then addressed the topic of college and career readiness. Buck said there is no New Tech curriculum. He said that in many ways students are taking classes similar to what they are taking today. The fundamental difference: It is not just about gaining knowledge, but also involves doing something with that knowledge. He said they also talk about skills and attributes. Buck said one term that is used at New Tech schools is “agency.” What you get in a New Tech graduate is one with a growth mindset, persistence, resilience, patience, and more. What “college ready” means to NTN is awareness, eligibility, and preparedness. He said this means going on to college without remediation. He said there a high level of need across the country for remediation at the college level. He then addressed how districts build capacity. He said right now the WDMCS is in the “visioning” phase, taking tours and researching NTN. The next phase is planning, which includes a school application, a readiness visit, and professional development and leadership residency. The next phase would be teacher residency, NTN 101, and online professional development modules. He reviewed NTN tools, which include the web-based learning management system (LMS) called Echo, a resource library, and a project library. He said there is also coaching available. Finally, once the school opens, the leaders and teachers can attend summits, regional gatherings, and annual conferences.

Page 3 of 314

Buck then reviewed the NTN Design Principals. This includes Teaching that Engages, which is student-centered classrooms with students working in teams on long complex tasks, students accountable to both peers and teachers, and more. He then explained a cycle of learning. There is a difference between “doing” projects and project-based learning, he noted. He reviewed the features of Echo and the ability for grading, on-line class participation when students may be absent, online class communication, and more. Poole asked about ACT comparisons. Buck said that a school district’s ACT data is expected to remain the same as it is currently. Greenspon asked what type of student takes advantage of New Tech Network. Buck said that a school has to have a non-selective admission. He said you will see high-flyers and struggling students attend. He asked them to think not so much about what type of student that comes in, but what kind of student do you want to graduate. He said it is not an “alternative school” or a “gifted & talented community,” because that is what you will get. Lipman asked how you fit the different level of kids together. Buck said it is done through differentiation. He said there is a lot that goes into teacher preparation and lots of configurations of groups. He said students will say they like these experiences because it is like the real world. Teachers and students say it is the hardest thing they have ever done because they are not just learning content, but also learning how to manage group dynamics. Greenspon asked if there are NTN elementary schools. Buck said last year NTN implemented its first elementary. He said that the district must think about where it wants to start. Lipman asked why a district would pick one grade level or another. Buck said many districts choose to implement at the high school level because it is close to college and career and we have more resources for high school. He said NTN schools also have many internships and it is easier to dive into those at the high school level. Brown asked if there are districts that have gone “all in” for NTN. Buck said Rochester, IN, has done so. Studies show that school districts are losing student engagement at the middle school level, so districts also start at this level. Greenspon asked about enrollment. Buck said typically a schools starts with about 100 students; some districts have gone slightly larger or smaller. Then this grows up to 400, rolling in more grades. He said there are a number of schools that started full implementation with 600 students. She then asked about costs. Buck said there are three cost categories:  products and services,  facilities, and  technology. He said facilities and technology can be a little or a lot, depending on what the district wants to do. The largest fixed-cost categories are products and services, which would be $100,000 per year. A four-year agreement is $400,000, but it can be bigger than that or smaller depending on what services are needed. He said some people go after grants and some put it into their operating budget. He said after the four-and-a-half-year agreement, it is a two-year continuation agreement at about $14,000-$20,000 per year. There was then a discussion about recruitment of students to the New Tech School. The group also discussed the difficulty of moving from an NTN middle school to a non-NTN high school, although Buck said students can adapt. He said on a practical level, it can be a challenge if content is taught in a different order. He said typically if students are going to leave, it is easier to do so at the end of the year. He said you have to figure out how you are going to onboard students and how you are going to exit students. Buck then showed two videos, one from a school called Tech Valley High School that focused on students and one that focused on teachers. He presented a map of the New Tech schools across the country. The map showed a high concentration of schools in the Midwest. He explained the implementation types; examples include whole schools, shared campuses, and standalone schools. There was a conversation about curriculum offered in the New Tech School. Buck said it is up to the local community. Remy said she believes a standalone school would be the best model for our kids. Greenspon asked if a survey of parents has been done to gauge interest in a New Tech Schools. Remy said no, because we want to get an indication from the Board if this is a direction it wants to explore. She said there is support from the business community and city, and there were representatives from both on the New Tech School visits this past year. Remy said she believes after reading about New Tech, having conversations about the model and visiting New Tech Schools, she believes this model could truly help the district achieve its vision to inspire joy in learning and prepare each student for his or her life journey. Page 4 of 314

Clyde Evans of the city of West Des Moines said the student featured in the video is like all kids he saw in the New Tech Schools. Remy then asked Brennan and Cole to share their impressions of the New Tech School they visited this past year. Brennan said she was impressed with the seamless integration of technology. She said it also made the students responsible. Brennan noted the school did not select certain students for her to talk with; she could talk with anyone. She said every student she spoke with was well-spoken and they all liked the Echo software, noting that they can catch up on work online. She said it was a totally different environment; students were excited about what they were learning and they felt a responsibility for their own learning. Cole said that the students were engaged, patient and respectful of each other. He said students were taught conflict resolution, which is a life skill. He said we often don’t intentionally teach these types of skills. Cole said the impression was that all the students were headed to Ivy League schools, but many had learning challenges coming into the school. He said there was integration with the business community and there was pride and ownership. He said students were able to feed into two- and four-year post-secondary experiences. He said it would be right for our district and it is the model for the future in education. He said many of the teachers he talked to said they would never go back to the traditional model. Remy said she believes the WDMCS should move down the path of the New Tech Model in West Des Moines Community School District. She said the four big areas of the strategic plan are addressed in the New Tech model, including personalized learning, flexible/differentiated learning, community outreach, technology infusion and partnerships. She noted the skills that employers are looking for in graduates. She also spoke about engagement of students. Remy said she thinks we do a great job of teaching the knowledge and good job in certain areas of teaching skills. Remy said she does not think we do as well in purposefully teaching the attributes, such as persistence, resilience, patience, self-worth, confidence, adaptability, curiosity, and more. She said the New Tech model would help us do this. She said the New Tech model connects to our mission and shared vision of preparing students to thrive in a diverse and changing world. We have to make sure we are giving students the skills and attributes that make them successful, she said. Remy said a during a recent NTN visit they were asked to determine the “why.” A small three-person group identified this as, “to prepare all students with the knowledge, skills and attributes for his or her life journey.” She said they also did a SWOT analysis. She said if the district would move forward, we would need to have a larger group also do this activity. Remy said if the Board wants to move forward, we need to fill out the school application. She asked the Board members if they would like to pursue this. Brown said he is very supportive. He asked about a timeline for implementation. Buck said it is typically 12-18 months. Buck said if interested in a 2015 implementation, we would backward map from there. He said you have been investigating since last fall. It is just a matter of getting other Board members and others to visit a New Tech School. Remy said she had lunch with some New Tech teachers from California. She asked them about implementation and they said a district should be able to start in a year. They said teachers have to be comfortable with being a learner and that teachers will not have all the answers on the first day. Lipman said she is a firm supporter of technology, but she said spending more time to plan is always better than jumping into something. She said she just cannot see that it would be beneficial for students to implement this model when we are learning about it. We cannot learn on the fly with kids in the classroom. She said if we take our time and are methodically and hit the ground knowing what we are doing, she is supportive. If it is for next year, she is not supportive because there is too much money and kids involved. Brennan said once the district makes the application it can determine the timeline. Remy said teachers will feel like a first-year teacher because it is a new way of teaching. She said she, as a teacher, was better after five years; she said that is what the teachers from California meant. She said we have to decide all the factors, such as would it be a standalone school and more, before implementation. She said regardless of how much preparation we do teachers will feel like first-time teachers again. Brennan asked again if the Board members are supportive of moving forward. Poole said there are many aspects that are needed; she said we need to be cautious regarding ACT scores. We have families who move here because of our ACT scores because we are in the Top 10 highest ACT scores in the state. She said it is the ACT that does so many things and that information is missing in what has been presented so far. Greenspon said she does not have a problem moving forward with the application, but she said the district needs to move forward cautiously so that we don’t get committed to anything. Carroll said he feels similarly. IV. Adjournment: It was moved by Cole and seconded by Brown. The motion was approved by a unanimous vote. The meeting was adjourned at 6:45 p.m. _________________________________________________ Elaine Watkins-Miller, Board Secretary Page 5 of 314

REGULAR MEETING MINUTES July 14, 2014 I. Call to Order II. Roll Call III. Open Forum IV. Consent Agenda a. Minutes  Workshop June 23, 2014  Regular Meeting June 23, 2014 b. Personnel  Resignations  Recommendations  New Hires – Support Staff  Initial Contracts – Certified Staff c. Bills for Payment d. Facility Projects/Contracts  Change Order(s) – VHS Phase 3B  Change Order(s) – Fairmeadows 2014  Final Acceptance – Learning Resource Center 2013  Final Acceptance – Hillside Elementary 2011 Heating Water Retrofit Project V. Superintendent’s Report VI. Board Reports a. Superintendent’s Advisory Board Policy Committee b. Superintendent’s Advisory Facility & Finance Committee c. Superintendent’s Advisory Human Resources Committee d. Superintendent’s Advisory Teaching & Learning Committee VII. Open Enrollment VIII. Facility Projects a. Construction Project Update IX. Contracts/Agreements a. Y Camp – Jordan Creek field trip b. 2014-15 Student Teaching Agreement c. Teaching Strategies, Inc. Online Subscription Agreement d. RSP X. Handbooks: a. Procurement Card Program Handbook b. ESL Handbook for Teachers and Administrators c. 2012-14 Certified Staff Handbook XI. Proposed Legislative Priorities 2015 Legislative Session XII. Bills for Payment – Competitive Edge XIII. Adjournment The regular meeting of the Board of Education of the West Des Moines Community School District was held on Monday, July 14, 2014, at the Learning Resource Center, 3550 Mills Civic Parkway, West Des Moines, Iowa 50265. I. Call to Order: The meeting was called by President Elizabeth Brennan at 7:04 p.m. II. Roll Call: The secretary noted the following Board members present: Elizabeth Brennan, David Brown, Kevin Carroll, H. Milton Cole, Andi Lipman, Vicky Poole, and Tali Greenspon. Absent: None. III. Open Forum: John Novotny, 5041 Ashworth Road, said he and his wife, Kim, want to make the Board aware of an issue negatively impacting their neighborhood. He said they have experienced an adverse byproduct of a neuro rehabilitation house located there. He said they have seen a lot of police and ambulance activity. His wife has forwarded the police reports to the Board members. The house is right across the street from an elementary school. Children are walking up and down the sidewalks. He has contacted the city. He believes it was negligent to place the facility there. He would like to find out what the school district can do or if it has done anything. Lipman thanked him for bringing it to the Board’s attention. Novotny said he does not know what can be done to tell parents about this. Page 6 of 314

Mark Sherod, 5024 Ashworth Road, said he lives next door to the facility. He said he has built rehab facilities across the county and he would never place a rehab house next to an elementary. He said Community NeuroRehab CEO Tom Brown is a great guy, but there is no way to qualify a person placed there. John did a really good job, but there needs to be additional conversation between the police, the school and the city planning and zoning. Remy said there has been a conversation with legal counsel about what the district can legally do. Thomas W. Brown, 5008 Ashworth Road, Chief Executive Officer of Community NeuroRehab, said he is willing to have discussions about the needs of the programs and the legal rights of the residents. He said the folks that the program serves are coming out of the hospital and receiving nursing and medical care. He said it is not a halfway house. He said the program does not lock people up, and they interact in the community. He said his company is serving people who are mothers, fathers, sisters and brothers recovering from a brain injuries and working to achieve and sustain their maximum level of independence, returning to a life where they live, learn and work. He said they must be served in a least restrictive environment and the folks have been referred to the program by their attending physicians and they are not a danger to themselves or others. He said he will be visiting with the city officials this week and that the program is operating in its rights and it is ranked as one of the best facilities in the state. He said this facility has been in the community since 2012. Lipman asked if there are safety concerns with students walking near the facility. Brown said absolutely not. He said his own five children come to work and visit him and employees. In addition, the participants’ children and grandchildren come to the house. It is safe for the neighborhood kids, the program participants’ kids and employees’ kids. IV. Consent Agenda: It was moved by Carroll and seconded by Poole to approve the consent agenda as presented. The motion was approved by a unanimous vote. a. Minutes  Workshop June 23, 2014  Regular Meeting June 23, 2014 b. Personnel  Resignations



NAME Boley, Robert Carrubba, Dustin Charron, Graham Hagarty, Jodi Johnson, Eric Ranum, Ruth Bautista, Fidel Johnson, Emily Mauro, Christina Mendez, Blanca Peake, Richard Tallman, Amy White, Kenneth Whitehead, Tom Recommendations NAME Replacements Krois, Allison Tudor, Scott Weber, Brady DeVries, Tory Hawkins, Garrett Perrigo, David

BUILDING Valley Operations Warehouse Valley Valley Valley Hillside Valley Southwoods Valley Valley Southwoods Floater Hillside Operations Science

SUBJECT Associate Principal Sub Utility Worker Operations Special Ed, Lv II Mixed Jazz Director Asst Girls Track Coach Head Custodian Yearbook General Secretary Nutrition General Worker Nutrition General Worker Special Ed, Lv I Sub Utility Worker Home School

REPLACEMENT FOR

POSITION/BUILDING

Ann Van Treeck Ann Van Treeck Eric Boyle Rebekka Maass Jeff Horner Rob Boley

.5 Junior High Yearbook/IH .5 Junior High Yearbook/IH Assistant Principal/Athletic Director Sophomor Class Sponsor Asst Baseball Coach/VSW Associate Principal/VA Page 7 of 314

Treat, Alena Windhorst, Brian

Jenkins-Loeb, Terrence Jeff Horner

National Honor Society/VA Head Boys Basketball Coach/VA

Summer/Temporary



Baumert, Paul

Sub Utility Worker/OPS

Guthridge, Stacey

Extended Year Teacher/CV

Lippillo, Tammy New Hires – Support Staff

POSITION/BUILDING Accounting Clerk/LRC Bus Driver/Transportation Bus Driver/Transportation

Trost, John

REPLACEMENT FOR Betty Cox Carolyn Decker Ron Koester Mark Marco

Doody, Kristyna

Michelle A. Johnson

HR Secretary-LRC

Thoreson, Anne

Janice Hartz

General Secretary/VA

NAME Morey, Molly Smith, Ronald Spangler, Brian



Kim Dilky Townsend, Sarah Initial Contracts – Certified Staff NAME Replacements Baldus, Benjamin Clark, Elena Lingren, Leah Linnenkamp, Lisa Morse, Danielle Nearmyer, Tobi Ohl, Haley Webster, Daniel Weinberg, Sarah Andrew, Callie Claussen, Derek Dixon, Michael Penning, Ryan Rasmussen, Corey Willoughby, Erin

c. d.

Kids West Child Care Substitute

Head Custodian/VA

Spec Ed Asst, Lv II/VSW

REPLACEMENT FOR

POSITION/BUILDING

James Martin Cindy Clark Rebecca Sinram Sarah Bird/Vicki Rossander Britni Morgan Robert Robinson Ashley Eichhorn Heather Parker Thomas Trygstad .5 Johnson, .5 Milburn Phil Peters Jennifer Kopp Allison Krois Seth Hagarty Candice McMains

Language Arts/VA ESL/HD Counselor/WCC Business Ed,Comp Science/VA 3rd Grade/HD 3rd Grade/HD Math Resource/IH Physical Education/HD,WR 6th Grade/HD Language Arts/VA .5 Orchestra/VA Special Ed,Lv III/WR Language Arts/VA Math, VSW 4th Grade/HD

Additions Pearson, Nicholas New position .4 Physical Education/JC,WH Simpson, Kaylene New position Special Ed, Lv III/VA Rindfuss, Sally New position 2nd Grade/WR Bills for Payment: Administration presented the bills for payment dated July 14, 2014 in the amount of $4,258,533.73. Facility Projects/Contracts  Change Order(s) – VHS Phase 3B: Administration received change order 014 from Hansen Company, Inc. pertaining to the Valley High School Phase 3B Project. The change order is for the items listed below: o CCD 3B-RFI1130 - RFI 1130 Design Clarification: Add: $0.00 o CCD 3B-RFI1186 - RFI 1186 Design Clarification: Add: $0.00 o CCD 3B-RFI1198 - RFI 1198 Design Clarification: Add: $0.00 o CCD 3B-RFI1201 - RFI 1201 Design Change – Contractor Option: Add: $0.00 o CCD 3B-RFI1231 - RFI 1231 Design Error: Add: $586.00 Contract Summary: Original Contract Sum: $6,690,000.00 Previous Change Order Amount: $22,809.00 Page 8 of 314

Current Change Order Amount: $586.00 Current Contract Amount: $6,713,395.00 Change Order Percent Amount: 0.3 % Sales and Service Tax funds have been allocated for this project. Administration received change order 014 from Forrest and Associates, Inc. pertaining to the Valley High School Phase 3B Project. The change order is for the items listed below: o CCD 3B-RFI1200 - RFI 1200 Design Clarification: Add: $0.00 o CCD 3B-RFI1207 - RFI 1207 Design Clarification: Add: $0.00 o CCD 3B-RFI1212 - RFI 1212 Design Change – Architect/Engineer: Add: $149.00 o CCD 3B-RFI1215 - RFI 1215 Design Clarification: Add: $0.00 o CCD 3B-RFI1224 - RFI 1224 Design Change – Architect/Engineer: Add: $1,077.00 Contract Summary: Original Contract Sum: $946,100.00 Previous Change Order Amount: $92,936.00 Current Change Order Amount: $1,226.00 Current Contract Amount: $1,040,262.00 Change Order Percent Amount: 0.9 % Sales and Service Tax funds have been allocated for this project. Administration received change order 033 from DDVI, Inc. pertaining to the Valley High School Phase 3B Project. The change order is for the items listed below: o CCD 3B-ASI380 - ASI 380 Design Clarification: Deduct: ($435.00) o CCD 3B-BC006 - Design Change – Contractor Error: Deduct: ($1,305.00) o CCD 3B-Owner 011 - Design Change – Owner Request (Mollison, Robbins, 6/6 F&F Meeting): Add: $1,900.00 o CCD 3B-PR531 - RFI 1157 Design Change – Owner Request (Robbins): Deduct: ($992.00) o CCD 3B-PR537 - PR 537 Design Error: Add: $404.00 o CCD 3B-PR539 - RFI 1223 Design Error: Add: $520.00 Contract Summary: Original Contract Sum: $6,920,000.00 Previous Change Order Amount: $563,725.00 Current Change Order Amount: $92.00 Current Contract Amount: $7,483,817.00 Change Order Percent Amount: 8.1 % Sales and Service Tax funds have been allocated for this project. Administration received change order 034 from DDVI, Inc. pertaining to the Valley High School Phase 3B Project. The change order is for the items listed below: o CCD 3B-RFI1110 - RFI 1110 Design Clarification: Add: $0.00 o CCD 3B-RFI1171 - RFI 1171 Design Change - Architect: Add: $119.00 o CCD 3B-RFI1173 - RFI 1173 Design Change - Contractor Error: Add: $0.00 o CCD 3B- RFI1175 - RFI 1175 Design Change - Architect: Deduct: ($154.00) o CCD 3B-RFI1181 - RFI 1181 Design Change - Architect: Add: $0.00 o CCD 3B-RFI1182 - RFI 1182 Design Error: Add: $0.00 o CCD 3B-RFI1217 - RFI 1217 Design Clarification: Add: $0.00 o CCD 3B-RFI1219 - RFI 1219 Design Clarification: Add: $0.00 o CCD 3B-RFI1235 - RFI 1235 Unforeseen: Add: $1,045.00 Contract Summary: Original Contract Sum: $6,920,000.00 Previous Change Order Amount: $563,817.00 Current Change Order Amount: $1,010.00 Current Contract Amount: $7,484,827.00 Change Order Percent Amount: 8.2 % Sales and Service Tax funds have been allocated for this project. Administration received change order 004 from Midland Engineering, Inc. pertaining to the Valley High School Phase 3B Project. The change order is for the items listed below: o CCD 3B-RFI1169 - RFI 1169 Design Clarification: Add: $0.00 Contract Summary: Original Contract Sum: $504,700.00 Previous Change Order Amount: $0.00 Current Change Order Amount: $0.00 Current Contract Amount: $504,700.00 Page 9 of 314







Change Order Percent Amount: 0.0 % Sales and Service Tax funds have been allocated for this project. Administration received change order 028 from Brockway Mechanical and Roofing, Inc. pertaining to the Valley High School Phase 3B Project. The change order is for the items listed below: o CCD 3B-BC006 - Design Change – Contractor Error: Deduct: ($2,885.00) o CCD 3B-PR467 - RFIs 827, 869, and 869R Design Error: Add: $574.00 o CCD 3B-PR532 - RFI 1164 Design Error: Add: $1,233.00 o CCD 3B-RFI1166 - RFI 1166 Design Clarification: Add: $0.00 o CCD 3B-RFI1178 - RFI 1178 Design Change – Contractor Option: Add: $0.00 o CCD 3B-RFI1180 - RFI 1180 Design Omission: Add: $850.00 o CCD 3B-RFI1182 - RFI 1182 Design Error: Add: $0.00 o CCD 3B-RFI1202 - RFI 1202 Unforeseen: Add: $1,312.00 o CCD 3B-RFI1203 - RFI 1203 Design Clarification: Add: $0.00 o CCD 3B-RFI1211 - RFI 1211 Design Omission: Add: $114.00 o CCD 3B-RFI1218 - RFI 1218 Design Clarification: Add: $0.00 Contract Summary: Original Contract Sum: $4,885,722.00 Previous Change Order Amount: $704,374.00 Current Change Order Amount: $1,198.00 Current Contract Amount: $5,591,294.00 Change Order Percent Amount: 14.4 % Sales and Service Tax funds have been allocated for this project. Change Order(s) – Fairmeadows 2014: Administration has received Change Order #01 from Rochon Corporation pertaining to the Fairmeadows Addition and Renovation Project. The change order is for items listed below: o PR #01 – Design Error: Add: $13,013.62 o PR #02 – Design Change - Owner: Add: $525.41 o PR #04 – Design Error: Add: $0.00 Contract Summary: Original Contract Sum: $2,399,700.00 Previous Net Change Order Amount: $0.00 Current Change Order Amount: $13,539.03 New Contract Amount: $2,413,239.03 Change Order Percent Amount: 0.56 % Sales and Service Tax funds have been allocated for this project. Final Acceptance – Learning Resource Center 2013: The Learning Resource Center 2013 Renovation Project has been completed by Woodruff Construction LLC according to and as required by contract documents. All punch list items have been addressed and completed and close out documentation has been submitted. Per Iowa Code, thirty days after acceptance of the project by the Board, final payment will be made to the contractor if liens from subcontractors have not been filed. Original Contract Amount: $2,310,300.00 Change Orders Amount: $82,331.00 Final Contract Amount: $2,392,631.00 Change Order Percentage Rate 3.56% Sales and Services Tax funds have been allocated for this project. Final Acceptance – Hillside Elementary 2011 Heating Water Retrofit Project: The Hillside Elementary 2011 Heating Water Retrofit project has been completed by Pleva Mechanical Inc. according to and as required by contract documents. All punch list items have been addressed and completed, close out documentation has been submitted. Per Iowa Code, thirty days after acceptance of the project by the Board, final payment will be made to the contractor if liens from subcontractors have not been filed. Original Contract Amount: $294,400.00 Change Orders Amount: $ .00 Final Contract Amount: $294,400.00 Change Order Percentage Rate 0% Sales and Services Tax monies funded this project.

V. Superintendent’s Report: West Des Moines Community Schools Superintendent Dr. Lisa Remy noted her written report. VI. Board Reports a. Superintendent’s Advisory Board Policy Committee: No report. Page 10 of 314

b.

c. d.



  

Superintendent’s Advisory Facility & Finance Committee: Lipman said the School Community Network expressed concern about the new nutrition program. There was an audit of the program and there were no findings. A representative from the district Wellness program talked with the committee about the district gift card Wellness bonuses. Superintendent’s Advisory Human Resources Committee: Poole said the committee discussed the Welcome Back plans on August 18. The committee also reviewed the workplace survey and the Teacher Leader training recently provided. Superintendent’s Advisory Teaching & Learning Committee: Lipman reported the committee talked about the PE changes and whether or not there would be any policy changes. The committee agreed to hold on this. The committee also reviewed the Program of Studies process. The committee agreed it is working. She said the committee also discussed the online learning committee plan and the special needs service delivery plan. Cole provided the following written report: o There is one bit I would like to share. The day was July 1. I had traveled to Stilwell to wish Eric Boyle best of luck in his new position at Stilwell Junior High School. I assured him that I felt that he would do a great job as “the buck stops here” building educator in charge. I reminded him that he was but one of a number of people that have served in an assisting capacity with Tim Miller and with their departure from Stilwell they had “soared to new heights” as building principals. I then made my way to Valley and wished Mr. Miller best wishes upon assuming the leadership reigns of the 35th Street educational setting. I was greeted by Karen Mendenhall, administrative assistant to the school principal with her usual welcoming ebullience. (Note: Karen is a wonderful “1st Face” that people meet upon their arrival at Valley High School and congratulations to Karen on her second anniversary at Valley – she serves the district and high school with “par-excellence.” Great job, Karen, great job!!!) I asked if Mr. Miller was in and she responded “… well, he is out pulling weeds.” I asked, you mean at home? She stated that no, he was out on the Valley campus. So, I thanked her and left and drove around the school site only to see Mr. Miller adjacent to the track in a “grass pulling position” with a couple of other men. I must admit I did not engage him. As you know, Mr. Miller is very much like Missouri’s Samuel Clemens (Mark Twain) and, as Tom Sawyer did, has the unbelievable capacity to engage people. My fear was that Mr. Miller might invite me to pull weeds and, in the moment, I might recognize it as a civic responsibility and engage the terra firma and miss my dental appointment, much to my chagrin. So, Mr. Miller, I am sorry that I did not support you in weed removal. Actually, you were building esprit-de-corps with the building sexton team as they worked outside. So, in acknowledging once again, Mr. Miller, of your always outstanding leadership – please accept this “2014 Tim Miller: He Let’s No Grass Grow Underneath his Feet Award,” a white-enameled weed whacker (sorry it does not work, you will still have to bend over to remove the weeds!) Congratulations, Tim, and that this might become an annual award – I can only hope! Cheers and thanks, Mr. Miller!! o Cole visited the Walnut Creek Campus Summer School and was impressed with the due diligence that the students were affording their studies. o Cole visited the Summer Enrichment program at Western Hills School. o Cole visited Walnut Creek Campus and conversed with Dr. Kim Davis about the summer program and was impressed with her leadership in scheduling of courses and the economic savings that resulted. Great job, Kim! o Cole visited the “Safety Town” program as offered up by the West Des Moines Community School District in conjunction with the police/public safety aspect of West Des Moines. The program teaches bicycle (and more) public safety. o Cole communicated by Barb Tigges (counselor at Jordan Creek) and Aiddy Phomvisay (former associate principal at Valley High School and now principal of Marshalltown High School) for being named as Outstanding Educators in Iowa by Character Counts. o Cole attended two graduations of “Safety Town” at Crossroads Park Elementary. o Cole visited Westridge Elementary and observed the “Bricks for Kids.” This building block program allows preschool children that might have begun their learning process later because of cognitive challenges to maintain their learning as a continuum from the regular school year, through the summer vacation until the following school year. o Cole visited the “Stretching Minds” offering at Hillside Elementary to find students on task and of equal significance, enjoying their studies. o Cole visited the summer school setting at Indian Hills Junior High under the direction of Assistant Principal Zac Sinram. He visited the class of Alice Fuglsang (science) and Ashely Eichhorn (math). The connections between teachers and students was outstanding. Congratulations and many thanks Ms. Eichhorn and Mr. Fuglsang. Poole reported that she toured Valley construction areas and it looks like it is time for school to start. She said it saddens her that we have lost Dr. Carl Staplin, a professor emeritus at Drake University, and Dr. Robert Brooke, former Valley High School principal. She said they were fabulous people. Lipman reported Valley registration dates of Aug. 7 to Aug. 13 and the Teacher Welcome Back on Aug. 18. She said we have Chinese students visiting from Hebei July 18-25. She said 176 kids attended Summer Adventures in Learning. She said since the program has gone from half day to full day, enrollment has exploded. She said the teachers are phenomenal. Brennan reported that the Board and administration have talked about eBoard Solutions and going paperless for Board meetings. She asked what others are thinking. Lipman said that she thinks it a good idea and there needs to be options for Page 11 of 314

those members of the public who do not have internet. She also noted that users need to understand the public information aspects of the application. As long as everyone is on the same page as to what is public and what is not, she is supportive. Poole said she is also supportive and she noted that Johnston and Waukee use online applications. Carroll said he would defer to the group. Brown said he is supportive. Greenspon said she is supportive, but would like to see pros and cons of the ones we narrow down. Cole said that he is also supportive, but during the transition time there needs to be another option and for people who do not have access to the internet. Brennan said that her first thoughts were costs, but it appears that there is a savings with reduced printing and eliminating driving costs. She said the cost is not a large savings or expense, but the big savings is with staff time. She said she had several staff members who approached her about how much time it would save and it would give them time to do other things we are asking them do to. She said she would be supportive of moving forward. It was determined that administration would come to the Board with a recommendation of a vendor contract. Brennan noted that IASB will lead the Sept. 8 workshop on boardsmanship. Brown said he would like information presented on open meetings law. VII. Open Enrollment: It was moved by Lipman and seconded by Brown to deny two open enrollment requests for being late and not meeting good cause. The motion was approved by a unanimous vote. The following open enrollment requests were approved by the administration and presented for Board review: 2014 – 2015 IN Name Grade From To Reason Alexander, Jalen 7 DC-G WDM continuation Alexander, Kyra 9 DC-G WDM continuation Fogle, Dane K Carlisle WDM met deadline Hintz, Emery 9 Norwalk WDM continuation Jaros, Kate 10 I-35 WDM continuation Perkins, Damian 5 Waukee WDM continuation Poe, Dylan K MStM WDM met deadline Trehy, Jordan 2 DMPS WDM continuation 2014- 2015 OUT Name Boyd, Kyler DeLira Rodriguez, Jose’ DeLira Rodriguez, Wendy Dixon, Mariah Freeman, Elise Jackson, Zion Jarm, Benjamin Karajic, Arnela Karajic, Esmeralda MacFarland, Ethan Marks, Gracie Marks, Hayden McKinney, Steven Reynolds, Diamond Schneider, James Sorak, Tanviana Spears, Dana Sutton, Quawna White, Connor Yilek, Ryder Young, Landon

Grade 1 2 4 K 9 6 10 10 10 K 6 5 5 7 11 1 6 10 K 2 2

From WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM WDM

To Urbandale Urbandale Urbandale DMPS Earlham Urbandale DMPS Urbandale Urbandale Johnston Urbandale Urbandale Urbandale Urbandale Urbandale Urbandale Urbandale Clayton Ridge Urbandale Waukee Waukee

Reason continuation good cause (move) good cause (move) met deadline good cause continuation continuation continuation continuation met deadline good cause (move) good cause (move) continuation continuation good cause (move) good cause (move) continuation met deadline met deadline continuation good cause (move)

VIII. Facility Projects a. Construction Project Update: Dan Solem, Weitz, Co., said from the north to the south end of the site, crews are working on concrete replacements and are on schedule to complete this area for student parking before the start of school. In the renovation area, all the mechanical and electrical installations are complete. The Fire Marshall’s walk-though is this Wednesday. He said staff should be allowed back in the building as early as Wednesday. Crews will not open the building until the August 1 timeframe. Crews are installing the ceiling cloud in auditorium. The scaffolding system is down and work on the finishes will begin. The atrium area grading is underway. The pit lift has arrived and the installation will start tomorrow. The curtain wall installation continues. The addition schedule remains on target for Oct. 15. The current overage is $660,000. Page 12 of 314

West Des Moines Community Schools Construction Manager Steve Zbylicki reported on the Jordan Creek Elementary exploratory excavation. He said crews did not find anything unexpected. When the ground dried out during dry periods, the tree roots went underneath the building seeking moisture. This verifies what was surmised, he said. Crews replaced all the sealants and have started the tuck-pointing of the cracked brick. The east half of the building will be concluded next week. He said there were 30 trees removed and 30 trees replanted. Brown asked if there has been a review of other buildings to see if there were trees planted too close to buildings. Given the expense of the fix at Jordan Creek, Brown said he would like to see this done. Regarding Fairmeadows, Zbylicki said the rock and paving subgrade will be completed this week. He said on the addition, the steel structure is going up now. The brick will be done next Monday and the roofing work will follow. On the interior, he said carpeting and painting is occurring and window replacement will begin on the wing. He said the contractor believes the project can be finished August 2. He said the additions will be the tightest. Crews are ahead of schedule on the music addition. IX. Contracts/Agreements a. Y Camp – Jordan Creek field trip: It was moved by Lipman and seconded by Greenspon to a contract for the Des Moines YMCA Camp to provide programming, food, and lodging to all Jordan Creek 5th graders, teachers, and chaperones for an overnight trip to the YMCA Camp September 18-19, 2014 for a cost of $5,605.00 funded through the parent organization as well as past fundraisers. The motion was approved by a unanimous vote. b. 2014-15 Student Teaching Agreement: It was moved by Lipman and seconded by Brown to approve a student teaching agreement with Buena Vista University. The motion was approved by a unanimous vote. c. Teaching Strategies, Inc. Online Subscription Agreement: It was moved by Lipman and seconded by Greenspon to approve a renewal purchase agreement with Teaching Strategies GOLD for an online reporting and assessment tool to fulfill the criteria of using a research based curriculum/assessment tool for Statewide Voluntary Preschool for a cost of $5,590.75 paid out of three accounts proportionately (Statewide Voluntary Preschool, Special Education, and Tiger Cubs Preschools). The motion was approved by a unanimous vote. d. RSP: It was moved by Lipman and seconded by Brown to hire through a three-year contract RSP & Associates to conduct enrollment analysis and projections for the cost of $22,000 with the option of additional analysis services for additional costs, if needed. The motion was approved by a unanimous vote. X. Handbooks: a. Procurement Card Program Handbook: It was moved by Lipman and seconded by Brown to approved changes to the district Procurement Card Program handbook as presented. The motion was approved by a unanimous vote. b. ESL Handbook for Teachers and Administrators: It was moved by Lipman and seconded by Carroll to approve the changes to the district’s ESL Handbook for Teachers and Administrators as presented. The motion was approved by a unanimous vote. c. 2012-14 Certified Staff Handbook: It was moved by Carroll and seconded by Greenspon to approve the 2012-14 Certified Staff Handbook changes as presented. The motion was approved by a unanimous vote. XI. Proposed Legislative Priorities 2015 Legislative Session: It was moved by Brown and seconded by Poole to approve the following proposed legislative priorities for the 2015 legislative session: 1. State Percent of Growth – Provide a minimum of 4% State Percent of Growth for the 2015-2016 school year to encourage continuous improvement and to better reflect actual cost increases experienced by school districts. In addition, it is imperative the Legislature adhere to the Iowa Code and establish State Percent of Growth at least one year in advance of the school year. 2.

Voluntary Preschool – Maintain at least the current funding level to sustain quality voluntary preschool programming and to allow private providers greater flexibility in their allowable expenditures.

3.

Commercial Property Tax Reform – With recent Property Tax Reform, the District seeks to be held harmless with respect to lost property tax revenues to those Funds that are outside of the State Aid Formula. This includes the Physical Plant and Equipment Fund, the Public Education and Recreation Fund, the Management Fund, the Debt Service Fund, the Cash Reserve Levy, the Instructional Support Levy and the Dropout Prevention Levy.

4.

Special Education Weightings – Provide adequate funding to deliver the required special education programming for students. This will provide additional property tax relief and will remove the increase in local property taxes necessary to finance special education programming. The motion was approved by a unanimous vote.

Page 13 of 314

XII. Bills for Payment – Competitive Edge: It was moved by Brown and seconded by Poole to approve a bill for payment in the amount of $5,013.02 to Competitive Edge. The motion was approved 6-1, with Greenspon abstaining. XIII. Adjournment: It was moved by Cole and seconded by Greenspon to adjourn the meeting. The motion was approved by a unanimous vote. The meeting was adjourned at 8:18 p.m.

_________________________________________________ Elaine Watkins-Miller, Board Secretary

Page 14 of 314

Board Agenda IV‐b Personnel August 11, 2014 PERSONNEL RESIGNATIONS AND OTHER TERMINATIONS and

PERSONNEL RECOMMENDATIONS and

NEW HIRES – SUPPORT STAFF and

INITIAL CONTRACTS – CERTIFIED STAFF

Page 15 of 314

August 11, 2014                                                  PERSONNEL RESIGNATIONS AND OTHER TERMINATIONS NAME Ahlrichs, Olivia Erickson, Kathryn Rhoads, Brian Stein, Deborah Trost, John Weber, Brady Young, Kammie

SALARY 11.80/hr 12.70/hr 6,874 3,819 16.50/hr 7,256 12.20/hr

BUILDING Hillside Valley Valley Valley Valley Valley Westridge

SUBJECT 1st Grade Asst, Noon Superviso Special Ed Asst, Lv II Head Boys Track Coach Assistant Debate Head Custodian Head Baseball Coach 1:1 Early Childhood SE Asst

TENURE 3 yrs 4 yrs 8 yrs 2 yrs 3 wks 2 yrs 1 yr

REASON Personal Personal Personal Personal Personal Personal Personal

EFFECTIVE DATE 7/31/14 7/25/14 7/25/14 7/10/14 7/18/14 7/11/14 7/16/14

INTEND TO REPLACE? Yes* Yes* Yes* Yes* Yes* Yes* Yes*

*Based on current enrollment

Administrators Certified Support TOTAL

PROJECTED REDUCTIONS AS ABOVE 0.00000 0.00000 0.00000 0.00000

CUMULATIVE REDUCTIONS (since 4/22/13) ‐1.00000 ‐7.30000 ‐5.68750 ‐13.98750

                                                                         PERSONNEL RECOMMENDATIONS NAME Replacements Childers, Lindsay Goodman, Marsha Hoffa, Elizabeth Maude, Stacee Rossander, Victoria Walker, Beth

SALARY

REPLACEMENT FOR

1,909 11.90/hr 12.20/hr 12.20/hr 1,909 11.45/hr

Alyssa Herrin McKenzie Haefner Christina Mauro Jennifer Hirsch Emily Johnson Karen Schneider

Dance Coach/VSW 1:1 Spec Ed Asst, Lv 2/VA General Secretary‐VA 1:1 Spec Ed Asst, Lv III/IH Yearbook/VSW 1st Grade Asst/WH

Additions/Contract Changes Hull, Scott

13.30/hr

New Position

1:1 Spec Ed Asst, Lv 3/CR

Summer/Temporary Gordon, Shelly Keshwani, Anita Knapp, Kayla McDermott, Barb Pritchard, James

11.90/hr 11.90/hr 11.70/hr 11.80/hr 12.05/hr

Nutrition General Worker‐Summer Extended Year Assistant‐WR Extended Year Assistant‐WR Extended Year Assistant‐WR Kenneth White Sub Utility Worker/OPS

NAME Barnes, Mariaruby Gallagher, Lesa Green‐Witmer, Linda Harwell, David Hirsch, Jennifer Knapp, Kayla Lack, Ashley Lovan, Janelle Scott, Jennifer Sorenson, John Trotter, Pat Vallejo, Celia

SALARY 12.10/hr 12.55/hr 10.75/hr 14.70/hr 12.60/hr 11.90/hr 11.05/hr 11.30/hr 13.30/hr 12.05/hr 11.80/hr 12.15/hr

POSITION/BUILDING

Reason for change Student IEP

NEW HIRES ‐‐ SUPPORT STAFF* ‐ Review Only REPLACEMENT FOR New position Carolina Sinclair Carmen Wade Graham Charron New position Elizabeth Merrill Anne Baumhover Deb Parker Jennifer Sloma Carmen Ledesma‐Maxwell

Ken Gordon Blanca Mendez

POSITION/BUILDING Nutrition General Worker/IH Spec Ed Asst, Lv I/IH Media Asst/VSW Warehouse Worker/OPS 1:1 Spec Ed Asst, Lv II/WR 1:1 Spec Ed Asst, Lv III/WR Kindergarten Asst/WH Nutrition General Worker/VA 1:1 Spec Ed Asst, Lv III/WR Custodian/VSW 1:1 Spec Ed Asst, Lv II/VSW Nutrition General Worker/VSW

Student IEP

Page 16 of 314

August 11, 2014                                             INITIAL CONTRACT ‐‐ CERTIFIED STAFF* ‐ Review Only

NAME Replacements Barfels, Christopher Belling, Tad Chappell, Eric Cook, Jena Ernst, Miranda Grandquist, Cynthia Hawkins, Garrett Nelson, Kelly Schneider, sarah Sinclair, Carolina Walsh, Mary Anne Welter, Zachary Additions Farrell, Joanna Beranek, Michael Beranek, Michael Beranek, Michael Brown, Anna Brown, Lynda Costello, Sara Crispin, Mallory Dann, Tamera Fitzgerald, Julie Garland, Kirsten Garland, Kirsten Hargens, Brandon Hargens, Brandon Jaramillo, Erica Karns, Chantel Kinney, Robert Loney, Angela McNamara, Stephanie McNamara, Stephanie Nelson, Robin Petersen, Sarah Petersen, Sarah Sandvig, Lynn Schmidt, Rhonda Schmidt, Rhonda Soto, Terry Stahn, Carly Stahn, Carly

SALARY 22,160 43,437 29,031 45,470 50,294 78,912 43,437 43,437 43,437 44,220 49,379 43,828 Salary 26,062

SCHOOL ATTENDED

Drake UNI San Diego State UNI Northwest Missouri State

Drake Grand View Drake ISU Universidade Federal Morningside UNI Stipend Upper Iowa 500 1,000 2,500 2,500 500 500 500 2,500 2,500 500 2,500 500 2,500 1,000 500 500 2,500 500 1,000 500 500 2,500 500 500 2,500 500 500 2,500

Administrators Certified Support TOTAL

EXPERIENCE None None 15 yrs 4 yrs 6 yrs 40 None None None 2 yrs 5 yrs 1 yr

POSITION/BUILDING

Katie Asplund Mara Porter Jamie Ehlert Kyle Coppola Melissa Harlan Alissa Underfer Jodi Hagarty Danette Rieper Stephanie Farmer Natalie French Jessica Ihrke Josh Frey

.5 Math/VA 4th Grade/CL .5 Social Studies/VA Preschool/CV 1st Grade/CV Spec Ed, Lv II/VA Spec Ed, Lv II/VA Reading/ST,IH Preschool/CL ESL/IH,ST Spec Ed, Lv II/WH Spec Ed, Lv II/VA Reason for change

None

New position .6 ESL/VA,WCC New Position Teacher Leader : Building Leadership Team/WH New Position Teacher Leader: District Leadership Team/WH New Position Teacher Leader: Demonstration Teacher/WH New Position Teacher Leader: Demonstration Teacher/WH New Position Teacher Leader: Building Leadership Team/WH New Position Teacher Leader: Building Leadership Team/CV New Position Teacher Leader: Building Leadership Team/JC Teacher Leader: Demonstration Teacher/CV New Position New Position Teacher Leader: Demonstration Teacher/CV New Position Teacher Leader: Building Leadership Team/CV New Position Teacher Leader: Demonstration Teacher/CV New Position Teacher Leader: Building Leadership Team/CR New Position Teacher Leader: Demonstration Teacher/CR New Position Teacher Leader: District Leadership Team/CR New Position Teacher Leader: Building Leadership Team/WCC New Position Teacher Leader: Building Leadership Team/WCC New Position Teacher Leader: Demonstration Teacher/CR New Position Teacher Leader: Building Leadership Team/CV Teacher Leader: District Leadership Team/CV New Position New Position Teacher Leader: Building Leadership Team/CV New Position Teacher Leader: Building Leadership Team/CV New Position Teacher Leader: Demonstration Teacher/CV New Position Teacher Leader: Building Leadership Team/WCC New Position Teacher Leader: Building Leadership Team/WH New Position Teacher Leader: Demonstration Teacher/WH New Position Teacher Leader: Building Leadership Team/WH New Position Teacher Leader: Building Leadership Team/WH New Position Teacher Leader: Demonstration Teacher/WH CUMULATIVE ADDITIONS ABOVE (SINCE 4/22/13) ADDITIONS 0.00000 0.00000 1.00000 10.53250 0.00000 27.23750 1.00000 37.77000 TEACHER LEADER ABOVE ADDITIONS

Teacher Leader

REPLACEMENT FOR

0.00000

TEACHER LEADER ADDITIONS (SINCE 4/28/14)

27

*The WDMCSD requires that a criminal background check and pre‐employment drug screening be conducted on all personnel recommended for employment. Approval is contingent upon the receipt and review of the criminal history report.

Page 17 of 314

BOARD AGENDA IVc BILLS FOR PAYMENT August 11, 2014 PAUL BOBEK AND DONNA GREGORY TOTAL $8,185,065.36

Page 18 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

GENERAL FUND ACHIEVE HIGHPOINTS ADEL-DESOTO-MINBURN COMMUNITY AHLERS COONEY PC AICPA ALLIANCE TECHNOLOGIES AMERICAN MARKING INC AMES COMMUNITY SCHOOL DISTRICT ASCD BARRON EQUIPMENT COMPANY INC BEELINE AND BLUE BELLER DISTRIBUTING LLC BERG AUDIO & VIDEO BIRD, SARAH L BIVANS, LISA R BLIS COMMUNICATION BOB BROWN CHEVROLET INC BOYER PETROLEUM COMPANY BRUCE'S WOODSHOP BUCHANAN, CAROLYN A BURLINGTON COMMUNITY BUSINESS PUBLICATIONS CORP CANYON CREEK CENTRAL IOWA HOSPITAL CORP CENTURY LINK CHILD SUPPORT ENFORCEMENT CINTAS FIRST AID & SAFETY CITY OF CLIVE CITY OF URBANDALE CITY OF WEST DES MOINES CITY OF WINDSOR HEIGHTS CLAYTON RIDGE COMMUNITY SCHOOL CLIVE WATER DEPARTMENT COLLECTION SERVICES CENTER COLLEGE SAVINGS IOWA CONTINENTAL FIRE SPRINKLER CO COWNIE, DANIEL J CRABBS, JEANNIE M DALLAS CENTER-GRIMES COMMUNITY DATA POWER SERVICE DAVENPORT COMMUNITY SCHOOLS DECA IMAGES

DESCRIPTION

SERVICES SERVICES PROFESSIONAL SERVICES MEMBERSHIP SERVICES SUPPLIES SERVICES MEMBERSHIP SERVICES SUPPLIES SUPPLIES SERVICES REIMBURSE REIMB MLGE PROFESSIONAL SERVICES SERVICES SUPPLIES SUPPLIES PAYROLLD TUITION SUBSCRIPTIONS LICENSE SERVICES SERVICES PAYROLLD SUPPLIES CROSSING GUARDS SERVICES SERVICES CROSSING GUARDS TUITION WATER PAYROLLD PAYROLLD SERVICES REIMB MLGE REIMB MLGE SERVICES SERVICES TUITION SUPPLIES

AGGREGATE AMOUNT

2,601.95 774.18 10,073.50 235.00 394.20 21.42 5,623.50 79.00 497.00 320.41 341.04 672.91 268.70 40.79 200.00 1,146.50 515.20 173.50 1,056.00 2,095.31 69.95 254.00 56,404.35 2,560.26 200.00 79.41 7,832.73 3,877.43 100.00 4,455.00 5,462.38 2,755.46 1,051.61 450.00 104.00 5.32 8.86 22,651.35 270.60 2,945.32 745.00 Page 19 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

DESCRIPTION

DELISLE, MELISSA DELTA DENTAL OF IOWA DEPARTMENT OF EDUCATION DES MOINES AREA COMMUNITY COLL DES MOINES PUBLIC SCHOOLS DES MOINES REGISTER DES MOINES WATER WORKS DEVRIES EQUIPMENT DEVRIES, TORY L DIRECTV INC DOORS INC DRAKE UNIVERSITY ATHLETIC DRAKE UNIVERSITY SCHOOL OF EBSCO SUBSCRIPTION SERVICES EDWARDS, JANA S FEUERHELM, BRETT N FOLEY (1476), NANCY FOUR OAKS GRAY, BRYAN A GRODEN CENTER, THE GUISE, BRYAN W HARPER, JENNIFER M. HARRIS BANK HARRIS, SALLY M. HEARTLAND AEA 11 HERRING, DEBRA M. HEUTON, TYSON D HIMES, STARR B. HINGL, KELLY L. HUDSON, GREGORY P HY-VEE FOOD STORE INDEPENDENCE COMMUNITY SCHOOL INTERNATIONAL PAPER IOWA CITY SCHOOLS IOWA DEPT OF HUMAN SERVICES IOWA DIVISION OF CRIMINAL IOWA NETWORK SERVICES INC. IOWA PRISON INDUSTRIES IOWA PUBLIC EMPLOYEES IOWA SHARES IOWA STATE UNIVERSITY JG SERVICES

REIMBURSE TUITION INSURANCE INSPECTION TUITION TUITION ADVERTISING WATER SUPPLIES REIMBURSE TUITION SERVICES SERVICES RENTAL REGISTRATION SUBSCRIPTIONS REIMBURSE TUITION REIMBURSE REIMBURSE SERVICES REIMB MLGE TUITION REIMBURSE REIMBURSE TUITION SUPP,SERV,REG, TRAVEL REIMBURSE TUITION SUPPLIES REIMB MLGE REIMBURSE TUITION REIMB MLGE REIMBURSE TUITION REIMBURSE SUPPLIES TUITION SERVICES TUITION MEDICAID PROFESSIONAL SERVICES SERVICES FURNITURE PAYROLLD PAYROLLD SERVICES FURNITURE

AGGREGATE AMOUNT 25.00 5,106.03 280.00 12,715.00 249,539.53 1,109.67 803.87 6,200.00 95.00 101.98 100.00 5,544.69 840.00 2,230.74 110.00 46.00 20.00 36,216.00 44.91 10,540.89 50.00 110.00 188,015.19 220.00 27,521.45 299.16 500.00 9.30 110.00 594.64 -10.71 4,932.76 114.32 316.06 161,730.75 108.00 2,668.40 84.50 791,400.15 96.34 375.00 2,356.90 Page 20 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

DESCRIPTION

JOHNSON CONTROLS FETT, COURTNEY A JOHNSON, COURTNEY L JOHNSTON COMM SCHOOL DISTRICT JONES SCHOOL SUPPLY COMPANY IN JW PEPPER CHORAL MUSIC KING DELIVERY SERVICE KLINE COPY CO KNOWLEDGE MATTERS INC KRAMER, CAROL A KURTH, DAVID L LASER RESOURCES LESSMAN, AMANDA LEVENTHAL, DEBORAH E LOCAL GOVERNMENT SERVICES INC MADISON NATIONAL LIFE MALMBERG, CRAIG A MASON CITY SCHOOLS MAX I WALKER MCGRAW-HILL COMPANIES MCKEE, VOORHEES & SEASE PLC MEDIACOM MENARDS - CLIVE METHODIST OCCUPATIONAL HEALTH METRO ARTS ALLIANCE MIDAMERICAN ENERGY COMPANY MIDWEST ELECTRONIC RECOVERY MINTZER-ZAPRUDSKY, ALLA MORROW, BRANDEE MUSIC IN MOTION NASCO NEAL, KEVIN J. NORWALK COMMUNITY SCHOOLS NOVAK, CHRISTOPHER J NUTRITION SERVICES OFFICE DEPOT ORLICH, MELISSA ANNE PAETEC PAJIC, SLADJANA PAPER CORPORATION POLK COUNTY SCHOOLS CREDIT UNI PREFERRED PEST CONTROL

SERVICES REIMBURSE TUITION REIMBURSE TUITION SUPPLIES SUPPLIES SERVICES PROFESSIONAL SERVICES SUBSCRIPTIONS REIMB MLGE REIMBURSE SUPPLIES FEES REIMBURSE TUITION PROFESSIONAL SERVICES INSURANCE REIMBURSE TUITION SERVICES SUPPLIES PROFESSIONAL SERVICES SERVICES SUPPLIES SERVICES SUPPLIES UTILITIES SERVICES REIMBURSE REIMBURSE SUPPLIES SUPPLIES PAYROLLD SERVICES REIMBURSE TUITION CATERING - NUTRITION SVCS SUPPLIES REIMBURSE TUITION SERVICES REFUND SUPPLIES PAYROLLD SERVICES

AGGREGATE AMOUNT 537.00 500.00 107.15 40,245.05 89.25 259.63 90.58 240.00 2,961.00 99.23 40.00 6,851.54 50.00 160.00 1,608.00 7,668.88 50.00 5,859.21 343.84 102,504.63 140.00 59.90 12.54 915.44 160.00 107,511.74 70.00 250.00 118.00 29.95 5,797.59 2,149.32 4,136.77 250.00 2,566.74 510.77 220.00 158.94 60.00 2,932.80 495.50 2,413.22 Page 21 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

DESCRIPTION

PRESCOTT, TAMI L. PROFESSIONAL OFFSET PRINTING QUICK FUEL INC QUILL RAIN KING LLC REEL, COURTNEY REYNOLDS III, ROBERT L RIEMAN MUSIC INC S & S WORLDWIDE SAI SCHOLAR CENTRIC SCHOLASTIC CLASSROOM MAGAZINES SCHOOL ADMINISTRATORS OF IOWA SCHOOL BUS SALES CO SCHRODER MASONRY SEABURY & SMITH SEMINOLE RETAIL ENERGY SERVICE SHERWOOD, THOMAS SIEMENS INDUSTRY INC SIMMER, DEBORAH M.E. SINK PAPER CO INC SIOUX CITY COMMUNITY SCHOOLS SMITH, CESIA M. SNAP-ON INDUSTRIAL SPANGLER, BRIAN J SPECIALTY UNDERWRITERS LLC STANDARD LIFE INSURANCE COMPAN STARFALL EDUCATION STATE OF IOWA STATE OF IOWA - TSA'S STATE OF RHODE ISLAND & PROVID STEVENS, DONNA E. STREET SMARTS LLC SULLINS, DONNA L SUNBURST DIGITAL INC SUNGARD PUBLIC SECTOR PENTAMAT T AND T SPRINKLER SERVICE INC TIGGES, BARBARA A. TIMBERLINE BILLING SERVICE LLC TIMECLOCK PLUS TUCKER, MEGGIE M U S DEPARTMENT OF EDUCATION

REIMB MLGE SUPPLIES FUEL SUPPLIES SERVICES REFUND REIMBURSE REPAIR SUPPLIES SERVICES PROFESSIONAL SERVICES SUBSCRIPTIONS MEMBERSHIP VEHICLES SERVICES INSURANCE UTILITIES REIMBURSE SERVICES REFUND SUPPLIES TUITION REIMBURSE TUITION SUPPLIES REIMBURSE SERVICES REIMBURSE MEMBERSHIP PAYROLLD PAYROLLD TRANSPORTATION REIMB MLGE TUITION REIMBURSE TUITION LICENSE SERVICES SERVICES REIMBURSE TUITION MEDICAID TRAVEL REIMBURSE TUITION PAYROLLD

AGGREGATE AMOUNT 550.65 1,548.00 17,604.11 8,897.74 55.00 12.25 60.00 72.00 25.56 1,943.00 1,800.00 543.40 491.00 109,923.00 963.00 8,933.90 29,746.03 50.00 13,397.50 60.00 1,947.57 1,972.58 220.00 5,268.00 50.00 816.79 16,367.07 2,160.00 210,440.00 96,525.76 1,897.56 8.29 4,278.00 375.00 835.00 32,307.15 282.41 110.00 13,353.20 1,906.35 500.00 663.84 Page 22 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

DESCRIPTION

UNDERFER, ALISSA J. UNITED STATES TREASURY UNITED WAY OF GREATER D M URBANDALE COMMUNITY SCHOOLS DEY, BROOKE N WAGE WORKS WASTE MANAGEMENT OF IOWA WAUKEE COMMUNITY SCHOOL DIST WDM EDUCATION ASSOCIATION WDMCS STUDENT SCHOLARSHIP FUND WEDEBRAND, ROB WEIR, JAMES A WEST DES MOINES CSD WEST DES MOINES ROTARY CLUB WEST DES MOINES WATER WORKS WEST MARSHALL HIGH SCHOOL WEST MUSIC CO WIESEMANN, KAREN J. WINDHAM PROFESSIONALS INC WOODWARD-GRANGER COMMUNITY YENCER, KRISTIE

REIMBURSE TUITION PAYROLLD PAYROLLD TUITION REIMBURSE TUITION PAYROLLD SERVICES TUITION PAYROLLD PAYROLLD REIMBURSE TUITION REIMBURSE POSTG,PRNT,TRASP DUES WATER TUITION SUPPLIES REIMB MLGE PAYROLLD TUITION REIMBURSE TUITION TOTAL FOR GENERAL FUND:

STUDENT ACTIVITY A&M PRODUCTS ALVERIO, RICARDO J ANTOLIK, RYAN ARROW STAGE LINES ASPI SOLUTIONS INC BELL, VAUGHN DAVID BERG, RODNEY L BLAZEK, BEAU BOWHAY, JERRY BSN SPORTS BUTTERS, ZACHARY K CARPENTER, JENNIFER CHACON, BON CIML COMMUNITY EDUCATION CREIGHTON, CATHERINE CRYSTAL CLEAR WATER CUSTOM AWARDS & EMBROIDERY INC

SUPPLIES OFFICIAL OFFICIAL TRAVEL SUPPLIES OFFICIAL OFFICIAL SERVICES OFFICIAL SUPPLIES SERVICES REFUND OFFICIAL DUES SERVICES OFFICIAL SUPPLIES SUPPLIES

AGGREGATE AMOUNT 160.00 523,486.30 1,018.50 174,882.61 309.34 26,637.12 10,369.62 61,933.76 12,161.88 213.00 290.00 40.00 36,162.12 250.00 18,504.78 387.45 2,977.00 20.94 51.42 16,400.04 110.00 3,429,246.17

13.40 230.00 200.00 4,340.00 498.00 115.00 162.60 40.00 229.00 799.84 90.00 95.00 35.50 1,800.00 126.00 87.00 72.00 39.00 Page 23 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

DESCRIPTION

DEAL, JASON DECKER SPORTING GOODS DENLY, LANA DES MOINES STEEL FENCE CO DICKEY, WILLIAM DOUGHERTY, GERALD DOUGHERTY, WILLIAM T EICHHORN, MATTHIAS A ERBSTEIN, TERESA ANN FOREMAN, ADAM FULLER, BRETT GEDLER, KATHY A. GOHEEN, CRAIG HACK, DAVID HAFFAR, ALDEN HALL, NICHOLAS E HARRIS BANK HARWOOD, JORGE HERNANDEZ-ORTIZ, CHRISTIAN HISKEY, BRITTEN HUNEFELD, RANDY IDSO, SHELDON IOWA CITY WEST HIGH SCHOOL IOWA CUBS IOWA GIRLS H S ATHLETIC UNION IOWA HIGH SCHOOL ATHLETIC ASSO JIM'S JOHNS INC JOHNSON, DOUGLAS M JOHNSTON HIGH SCHOOL LASER RESOURCES LEONHART, JOHN LESTER, MARTIN MADISON, DANIEL MADSON, MIKE MAUCH, LOREN MCGINNIS, DAVID D MCILHON, PATRICK D MEDCO SUPPLY INC MERFELD, MATTHEW MERRELL, WENDY MEYER, BENJAMIN A NEFF COMPANY

OFFICIAL SUPPLIES REFUND SUPPLIES OFFICIAL OFFICIAL OFFICIAL REIMB MLGE WORKER OFFICIAL OFFICIAL REIMBURSE OFFICIAL OFFICIAL SERVICES OFFICIAL SUPPLIES, REG,ADMISS, SERVICE OFFICIAL SERVICES SERVICES OFFICIAL WORKER ENTRY FEES FEES ADMISSION SUPPLIES SERVICES OFFICIAL ENTRY FEES SERVICES OFFICIAL OFFICIAL SERVICES OFFICIAL OFFICIAL REIMBURSE OFFICIAL SUPPLIES OFFICIAL REFUND OFFICIAL SUPPLIES

AGGREGATE AMOUNT 100.00 8,153.00 15.00 225.00 87.00 177.50 100.00 1,133.06 197.50 100.00 115.00 65.00 100.00 100.00 150.00 100.00 47,289.63 103.00 150.00 80.00 71.00 423.75 60.00 600.00 3,576.00 3,749.65 250.00 103.00 65.00 34.33 100.00 100.00 50.00 87.00 87.00 195.00 126.76 4,623.16 200.00 30.00 100.00 4,110.92 Page 24 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

DESCRIPTION

NELSON, TONY E NOAH, SCOTT NU LINE PROMOTIONS NUTRITION SERVICES OLSON, WILLIAM E PAJIC, SLADJANA RODENBERG, ISAAC ROSE, BRADLEY J SCHIEFFER, HARLEY SCHOOL DATEBOOKS SIPFLE, WILL SKEETER KELL SPLAVEC, SCOTT SPRECHER, JACOB STULL, GORDON TRANORIS, KONNOR K UNDERFER, ALISSA J. UNIVERSITY OF MINNESOTA VALLEY HIGH SCHOOL WEISS, ANDY WEST BANK WEST DES MOINES COMMUNITY SCHO WEST DES MOINES CSD

OFFICIAL OFFICIAL SUPPLIES CATERING - NUTRITION SVCS OFFICIAL REFUND OFFICIAL REIMB MLGE OFFICIAL SUPPLIES SERVICES SUPPLIES WORKER SERVICES OFFICIAL SERVICES REIMBURSE ENTRY FEES SUPPLIES OFFICIAL SERVICES SERVICES POSTG,PRNT,TRANSP TOTAL FOR STUDENT ACTIVITY:

87.00 100.00 1,710.00 834.91 100.00 26.00 300.00 936.90 100.00 1,802.66 60.00 993.00 502.50 80.00 71.00 200.00 35.98 300.00 300.00 100.00 3,900.00 65.25 3,557.89 102,418.69

SERVICES SERVICES FEES PREMIUM TRANSFER TOTAL FOR MANAGEMENT FUND:

6,500.00 806,455.00 6,743.46 85,993.50 5,265.02 910,956.98

MANAGEMENT FUND CCMSI INSPRO INSURANCE IOWA WORKFORCE DEVELOP SPECIALTY UNDERWRITERS LLC WEST DES MOINES CSD

PERL FUND CENTURY LINK HARRIS BANK NUTRITION SERVICES WEST DES MOINES CSD

SALES TAX FUND ACADEMY ROOFING COMPANY

SERVICES SERVICES CATERING - NUTRITION SVCS POSTAGE, PRNT, TRANSP TOTAL FOR PERL FUND:

SERVICES

AGGREGATE AMOUNT

594.00 290.80 20.55 254.81 1,160.16

232,750.00 Page 25 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

DESCRIPTION

AHLERS COONEY PC AJ ALLEN MECHANICAL CONTRACTOR ALLENDER BUTZKE ENGINEERS INC AURORA BUSINESS PARK #1 LLC BASSLER, BRUCE BROCKWAY MECHANICAL AND ROOFIN BROCON SERVICES BRUCE WAUGH MEDIATIONS CDW GOVERNMENT INC CLARK GLASS INC COMMUNICATION INNOVATORS DDVI INC DEMCO FORREST AND ASSOCIATES FRANDSON & ASSOCIATES LC HANSEN COMPANY INC HARRIS BANK HUNEY-VAUGHN COURT REPORTERS L IOWA PRISON INDUSTRIES IOWA STORAGE TRAILER INC JENSEN BUILDERS LTD JIM'S JOHNS INC KDENT MARCO INC. MARSDEN BLDG MAINTENANCE LLC MIDAMERICAN ENERGY COMPANY MIDWEST AUTOMATIC FIRE & MOVERS EQUIPMENT SERVICES INC NEBRASKA FURNITURE MART O'KEEFE ELEVATOR COMPANY PHILLIPS' FLOORS INC PUBLIC FINANCIAL MGMT INC ROCHON CORPORATION OF IOWA INC SCHOOL BUS SALES CO SCHOOL OUTFITTERS SHIVE-HATTERY INC SIEMENS INDUSTRY INC SVPA ARCHITECTS INC TOMETICH ENGINEERING INC VAN MAANEN ELECTRIC INC VITAL SUPPORT SYSTEMS WASTE MANAGEMENT OF IOWA

SERVICES SERVICES SERVICES RENTAL SERVICES SERVICES SERVICES PROFESSIONAL SERVICES SUPPLIES SERVICES SERVICES SERVICES EQUIPMENT SERVICES SERVICES SERVICES SERVICES SERVICES FURNITURE SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES UTILITIES SERVICES RENTAL SERVICES SERVICES SERVICES SERVICES SERVICES VEHICLES FURNITURE SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES

AGGREGATE AMOUNT 27,359.00 191,446.85 949.16 1,510.50 1,575.00 40,983.00 107,862.29 722.66 12,500.00 15,960.00 4,169.31 291,154.14 11,118.00 69,321.50 4,400.00 73,878.65 7,963.32 2,212.03 6,149.00 2,489.60 205,411.66 280.00 11,500.00 2,830.00 2,046.90 22.85 10,086.58 1,044.00 54.00 11,354.40 43,558.92 29,373.81 1,054,744.76 392,608.00 2,227.75 9,419.95 11,392.00 11,397.28 950.00 95,321.10 59,961.77 3,296.51 Page 26 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

DESCRIPTION

WENGER CORPORATION WOLIN ELECTRIC L C ZIEGLER INC

EQUIPMENT SERVICES SERVICES TOTAL FOR SALES TAX FUND:

PPEL FUND ABCREATIVE INC AURORA BUSINESS PARK #1 LLC BERG AUDIO & VIDEO BROCKWAY MECHANICAL AND ROOFIN DDVI INC EXCEL MECHANICAL CO INC GOLDEN VALLEY HARDSCAPES LLC HARRIS BANK IDEAL FLOORS JG SERVICES MIDWEST AUTOMATIC FIRE & QUILL RIEMAN MUSIC INC SCHOOL SPECIALTY INC SIEMENS INDUSTRY INC VAN MAANEN ELECTRIC INC WEST DES MOINES CSD WOLIN ELECTRIC L C WRIGHT OUTDOOR SOLUTIONS (TREE

DEBT SERVICE FND BANKERS TRUST

NUTRITION FUND BOHNSACK & FROMMELT LLP CENTURY LINK CHILDERS, AMY L EARTHGRAIN BAKING CO INC EL MADHON, SALMA EXCEL MECHANICAL CO INC HARRIS BANK HILAND DAIRY FOODS COMPANY LLC HINES, THOMAS INTERNATIONAL PAPER

EQUIPMENT RENTAL SERVICES SERVICES SERVICES SERVICES SUPPLIES SERVICES SERVICES SUPPLIES SERVICES SUPPLIES INSTRUMENTS EQUIPMENT SERVICES SERVICES TRANSFER SERVICES SERVICES TOTAL FOR PPEL FUND:

AGGREGATE AMOUNT 1,894.00 74.00 1,308.40 3,068,632.65

54,446.72 2,358.00 16,635.74 381.37 7,161.22 6,808.04 1,132.11 4,662.21 843.00 649.00 303.00 187.18 56,596.70 2,424.56 4,725.00 1,146.88 280,000.00 4,447.75 1,406.75 446,315.23

FEES TOTAL FOR DEBT SERVICE FND:

1,500.00 1,500.00

SERVICES SERVICES REIMB MLGE FOOD REFUND SERVICES SUPPLIES FOOD REFUND SERVICES

4,000.00 729.00 49.38 658.64 11.25 499.27 2,428.92 5,014.76 23.10 16.93 Page 27 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

DESCRIPTION

IOWA PRISON INDUSTRIES JAIN, PREETI JIM'S JOHNS INC JOHNSON, KRISTIN JUST, DEBBIE KILLIAN, KATHY K. KLUESNER PORTABLE WELDING LAWS, JOHN OR JANET LIENEMANN, SANDY J. LINDEMOEN, CHERYL M. LOFFREDO FRESH PRODUCE CO INC MAUK, LINDA METZEL, BRIANNA M MOORE, JULIE NUTRITION SERVICES OVERTON, PATRICIA A. PEAKE, RICHARD D POOL, DANA QUICK FUEL INC SMOLEN, PATRICIA SPECIALTY UNDERWRITERS LLC STAPLES ADVANTAGE STEIGER, BETH E STETSON, LINDA SWEGLE, CAROL TOBIS, TOM OR JOAN US FOODS VANSCOY, DANA VERIZON WIRELESS BELLEVUE WASTE CONNECTIONS INC. WEST DES MOINES CSD WEST DES MOINES WATER WORKS WIERSUM, TOM WRIGHT, LISA M.

SUPPLIES REFUND SERVICES REFUND REFUND REIMB MLGE SERVICES REFUND REIMB MLGE REIMB MLGE FOOD REFUND REIMB MLGE REFUND PETTY CASH REIMB MLGE REIMB MLGE REFUND FUEL REFUND SERVICES SUPPLIES REIMB MLGE REFUND REFUND REFUND FOOD REFUND SERVICES SERVICES PRINTING AND POSTAGE WATER REFUND REIMB MLGE TOTAL FOR NUTRITION FUND:

PRE SCHOOL REGULAR ED FUND HARRIS BANK TOTAL FOR PRE SCHOOL REG ED: COMMUNITY ED ADVENTURELAND PARK

SUPPLIES

AGGREGATE AMOUNT 515.52 24.65 1,460.00 3.55 12.05 48.72 650.00 8.70 118.72 72.90 2,255.64 10.60 34.44 61.15 2,583.00 11.98 70.11 4.05 524.91 29.00 671.50 184.99 72.68 35.30 44.95 55.15 23,278.41 15.80 34.38 1,620.81 190.14 3,000.00 33.55 17.80 51,186.40

662.23 662.23

4,690.00 Page 28 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

DESCRIPTION

AXMAN, LAURA K. BEELINE AND BLUE BLANK PARK ZOO BRICKS 4 KIDZ CASSADY, VICTORIA CAIN CHOW'S GYMNASTICS INSTITUTE CITY OF WEST DES MOINES COPIC, COURTNEY DENHART, JOSHUA FEE, KAYLA HARRIS BANK HILAND DAIRY FOODS COMPANY LLC HOOVER, KATHERINE K. HY-VEE FOOD STORE KAPADIA, DIPTI LIEB, JESSICA R BELZ, RONNA S NUTRITION SERVICES PETERSON, KENDRA PURCELL PRINTING/PROMOTIONS RSCHOOL TODAY SCHMIT, PAIGE STINSON, KEN SYSCO IOWA INC TASLER, LISA L. VERIZON WIRELESS BELLEVUE WALNUT CREEK FAMILY YMCA WEST DES MOINES CSD WEST DES MOINES HISTORICAL SOC WHATTA DISH - JBM YOUNG, NATALIE YOUTH TECH INC

SUPPLIES SUPPLIES ADMISSION PROFESSIONAL SERVICES PROFESSIONAL SERVICES ADMISSION ADMISSION PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES SUPP,ADMISS SUPPLIES REIMBURSE SUPPLIES REFUND REIMB MLGE REIMBURSE CATERING - NUTRITION SVCS PROFESSIONAL SERVICES SUPPLIES PROFESSIONAL SERVICES PROFESSIONAL SERVICES REFUND SUPPLIES REIMBURSE SERVICES SUPPLIES POSTG,PRNT, TRANSP ADMISSION ADMISSION PROFESSIONAL SERVICES SUPPLIES TOTAL FOR COMMUNITY ED:

SELF INSURANCE EIDE BAILLY LLP INSURANCE STRATEGIES IOWA INSURANCE DIVISION KABEL BUSINESS SERVICES - FLEX BEBETTER HEALTH INC

FEES FEES FEES FEES SERVICES TOTAL FOR SELF INSURANCE:

AGGREGATE AMOUNT 6.78 179.60 360.00 3,035.00 276.50 922.00 3,480.00 1,250.00 1,483.30 1,350.00 19,939.75 307.07 245.15 209.46 246.50 39.48 11.61 172.65 657.00 197.57 4,288.97 1,350.00 126.00 5,816.89 14.25 66.48 1,235.00 25,429.94 263.00 3,420.00 500.00 3,500.00 85,069.95

643.25 975.00 100.00 1,530.00 3,988.25 7,236.50

Page 29 of 314

WEST DES MOINES COMMUNITY SCHOOL DISTRICT VENDOR PUBLICATION REPORT FROM 7/10/14 THRU 8/6/14 PERSON, FIRM, OR CORPORATION

AGENCY FUND HARRIS BANK KABEL BUSINESS SERVICES - FLEX

DESCRIPTION

SUPPLIES SERVICES TOTAL FOR AGENCY FUND:

GRAND TOTAL:

AGGREGATE AMOUNT

1,757.25 78,923.15 80,680.40 8,185,065.36

Page 30 of 314

HARRIS BANK P CARD ACTIVITY 6/21/14 THRU 7/20/14 PERSON, FIRM OR CORPORATION

DESCRIPTION

2CO.COM*GETTINGTO 408330 COBBLESTONE 9 ABEBOOKS.COM ACADEMY ROOFING & SHEE ACADEMY TROPHIES & AWA ACCEL POWER ACCO UNLIMITED COR ADAM STEVEN ASSOCI ADVENTURE LIGHTING INC ADVENTURELAND‐FRONT GA AMAZON MKTPLACE PMTS AMERICAN PLUMBING SUPP AMERICAN TIME & SIGNAL AMERICA`S BEST VALUE I AMSAN CORP AMZ*DISPLAYS2GO APEX ATHLETICS APPLE STORE  #R109 APPLEBEES 955900210195 APPLIED PRACTICE LTD ARC*SERVICES/TRAINING AREA EDUCATION AGENCY ASURION WIRELESS INS ATLAS PEN & PENCIL AUTOMATIC DOOR GROUP AMAZON SERVICES.KINDLE AMAZON.COM B & H PHOTO‐VIDEO.COM BAKER GROUP BARNES & NOBLE #2220 BARNES & NOBLE #2921 BASKIN #360372     Q35 BAUER BUILT TIRE 27 BED BATH & BEYOND #827 BEST BUY      00000166 BEST BUY      00007963 BLANK PARK ZOO BLK*DM BOTANICALGARDEN BOB BROWN CHEVROLET Ds BOBS CUSTOM TROPHIES I BOONE   SCENIC VALLEY

SUPPLIES ADMISSION SUPPLIES SERVICES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES ADMISSION SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES FOOD SUPPLIES REGISTRATION REGISTRATION SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES ADMISSION ADMISSION SERVICES PARTS, SERVICES ADMISSION

AGGREGATE  AMOUNT 85.35 276.00 384.20 1,186.13 15.00 9.54 298.30 162.00 1,653.80 2,359.00 4,229.54 230.00 71.90 2,239.66 1,673.07 196.61 525.00 1,173.00 133.45 134.85 243.00 140.00 99.00 45.85 78.00 25.97 1,681.60 1,078.42 864.00 1,727.40 328.72 148.84 7,660.42 ‐3.17 529.48 120.49 1,890.00 164.00 1,697.85 2,151.50 358.00 Page 31 of 314

HARRIS BANK P CARD ACTIVITY 6/21/14 THRU 7/20/14 PERSON, FIRM OR CORPORATION

DESCRIPTION

BOSE CORP PTS BOUND TO STAY BOUND BO BSN*SPORT SUPPLY GROUP BUFFALO WILD WINGS 026 BURGIN DRAPERY WORKROO BACKYARD ADVENTURES CABO SOL MEXICAN RESTA CAPITAL SANITARY SUPPL CAPPEL S ACE HARDWARE CARPENTER UNIFORM & PR CASEYS GEN STORE 2150 CASEYS GEN STORE 2253 CASEYS GEN STORE 2297 CASEYS GEN STORE 2769 CASEYS GEN STORE 2923 CASEYS GEN STORE 3098 CDW GOVERNMENT CENTURY THEATRES 48QPS CHD*DALLASMIDWEST.COM CICIS PIZZA MH CITY OF CLIVE CITY SUPPLY CORPORATIO CLARION HOTEL & CONVEN CLIVE POWER EQUIPMENT COLLEGE SUBSCRIPTION S COLLEGEBOARD*PRODUCTS COMODO GROUP, INC. CONTEMPORARY SERVICES CORELL RECYCLING CORNERSTONE GIFTS COURAGE LEAGUE SPORTS CPTOY.COM CRAIN COMMUNICATIONS CRYSTAL CLEAR BOTTLED CRYSTAL PRODUCTIONS CS GROUP CUSTOM AWARDS AND EMBR DAHL S BEAVER AVE DAHL S EP TRUE DAHL S GRAND AVE DAHL S HICKMAN

SUPPLIES SUPPLIES SUPPLIES FOOD SUPPLIES ADMISSION FOOD SUPPLIES SUPPLIES SERVICES FUEL FUEL FUEL FUEL FUEL FUEL SUPPLIES ADMISSION SUPPLIES FOOD ADMISSION SUPPLIES TRAVEL SUPPLIES SUBSCRIPTIONS SUPPLIES SUPPLIES SERVICES SERVICES SUPPLIES ADMISSION SUPPLIES SUBSCRIPTIONS SUPPLIES SUPPLIES CREDIT SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES

AGGREGATE  AMOUNT 175.00 75.72 5,085.39 112.02 4,795.00 415.00 28.55 534.56 413.39 494.10 1,549.04 230.45 103.19 114.02 204.16 80.81 1,193.00 40.00 1,132.80 826.98 429.50 1,406.36 973.28 122.32 173.85 97.00 139.95 932.41 44.00 46.41 255.00 37.98 69.95 64.00 461.11 ‐4.86 60.00 88.79 74.68 4.49 12.18 Page 32 of 314

HARRIS BANK P CARD ACTIVITY 6/21/14 THRU 7/20/14 PERSON, FIRM OR CORPORATION

DESCRIPTION

DAIRY QUEEN #13741 QPS DANIELS FILTER SERVICE DAVIS EQUIPMENT DBC*BLICK ART MATERIAL DECKER INC DELTA DES MOINES STAMP MFG C DM RENTAL 515‐277‐4401 DOLLAR‐GENERAL #0553 DOLRTREE 2427 00024273 DOLRTREE 4256 00042564 DOMINO S 1722 DOORS INC DOUBLETREE CEDAR RAPID DRAKE DINING  10090835 DRAMATIC PUBLISHING CO DUNKIN #350683     Q35 DISCOUNT SCHOOL SUPPLY EARL MAY SEED & NURSER EDUCATION WEEK EDUCATIONAL THEATRE AS ELDRIDGEPLAYS ELECT ENG & EQUIP CO ELECTRONIC ENGINEERING EMC/PARADIGM PUBLISHIN ENTERPRISE RENT‐A‐CAR ETSY.COM EXCEL MECHANICAL INC EXPEDIA*EXPEDIA.COM F+WP ‐ WRITER S DIGEST FAREWAY STORES #106 FAST MART 2 FASTENAL COMPANY01 FASTSIGNS FASTSPRINGSOFTWARE.COM FCC*FRANKLINCVYSEMINAR FEEOP 2706325 FERGUSON ENTERPRISES # FLORIST DIST 2001 FOLLETT SCHOOL SOLUTIO FUN EXPRESS

FOOD SUPPLIES SUPPLIES SUPPLIES SUPPLIES TRAVEL SUPPLIES RENTAL SUPPLIES SUPPLIES SUPPLIES FOOD SUPPLIES TRAVEL FOOD SUPPLIES FOOD SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES TRAVEL SUPPLIES SERVICES TRAVEL SUPPLIES SUPPLIES FUEL SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES ADMISSION

AGGREGATE  AMOUNT 117.84 578.58 182.49 620.49 419.70 1,410.50 22.90 1,800.00 200.00 70.96 131.78 121.40 53.00 274.05 54.00 45.96 46.57 272.11 139.74 89.94 75.00 42.95 829.59 36.90 15,384.66 1,810.07 252.00 7,418.70 39.00 24.96 79.04 14.87 9.52 2,058.17 198.00 854.30 36.79 150.80 338.91 3,119.21 241.33 Page 33 of 314

HARRIS BANK P CARD ACTIVITY 6/21/14 THRU 7/20/14 PERSON, FIRM OR CORPORATION

DESCRIPTION

FUTURE HORIZONS GAMES & MORE GAN*1150DESMOINEREGCIR GAN*1150IOWANEWSPAPERS GENERAL PARTS, LLC GIH*GLOBALINDUSTRIALEQ GIT N GO 4 GLAZED EXPRESSIONS INC GOIN POSTAL GOODE GREENHOUSES GOODWILL IND‐JORDAN CR GOODWILL WEST DES MOIN GREAT AMERICAN OUTDOOR GREEN HILLS AEA GREY HOUSE PUBLISHING GROTHS GARDENS & GREEN GUITAR CENTER #310 GURU HYDROPONICS HALVORSON TRANE HAMPTON INNS HANCOCK FABRICS 1632 HERFF JONES SCHOLASTIC HILLTOP TIRE SERVICE HILLYARD‐DES MOINES IA HMD* CAR AND DRIVER HMD* POPULAR MECHANI HP DIRECT‐PUBLICSECTOR HUHOT DES MOINES HY VEE 1759 HY VEE 1887 HY VEE 1888 HY VEE 1889 HY VEE 1890 HY VEE 1895 HY VEE DRUGSTORE 7 HY VEE GAS 5890 HYDRONIC ENERGY IA DEPT PUB SAFETY SIN IA SECRETARY OF STATE IDEAS & DISCOVERIES IN *BERG AUDIO & VIDEO

SUPPLIES SUPPLIES SUBSCRIPTIONS SUPPLIES SUPPLIES SUPPLIES FUEL ADMISSION POSTAGE SUPPLIES SUPPLIES SUPPLIES SUPPLIES REGISTRATION SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES TRAVEL SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES FOOD SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES FUEL SUPPLIES SERVICES SERVICES SUPPLIES SUPPLIES

AGGREGATE  AMOUNT 155.00 54.05 10.00 180.30 29.82 3,659.04 107.38 298.50 535.55 40.56 114.66 10.98 314.79 300.00 154.00 423.53 19.99 151.29 355.89 1,293.60 219.63 400.00 70.16 4,200.83 15.90 21.20 1,449.00 188.23 188.83 2,526.41 3,267.81 64.92 483.42 566.55 93.04 428.99 456.72 10,000.00 30.00 17.94 3,672.00 Page 34 of 314

HARRIS BANK P CARD ACTIVITY 6/21/14 THRU 7/20/14 PERSON, FIRM OR CORPORATION

DESCRIPTION

IN *HALLWAY GRAPHICS INLAND TRUCK PARTS #2 INT*BROADCAST SOFTWARE INT*STANDARD BEARINGS INTERSTATE ALL BATTERY IOWA HALL OF PRIDE IOWA PRIDE NETWORK JERRY JOHNSON PRO SHOP JOANN FABRIC #1653 JOHN DEERE LANDSCAPES2 JOHNSTONE SUPPLY DES M KINDYS GREAT SHIRTS NO KRISPY KREME #957 KUM & GO KUM & GO #2091 KUM & GO #4098 KUM & GO #510 KUM & GO #576 KUM & GO #8 KUM & GO #97 L2GQUILL AND SCROLL‐ M LAKESHORE LEARNING MAT LEARNING RESOURCES NET LEGENDS AMERICAN GRILL LEGO   *SHOP@HOME LEGO   EDUCATION LIDS TEAM SPORTS 621 LITTLE CAESARS 1648 00 LITTLE CAESARS 1832 00 LIVING HISTORY FARMS LOCKSMITH PARTS & S LOUNSBURY LANDSCAPING LOWES #00552* LOWES #02648* LUCKS MUSIC LIBRARY IN MAYER JOHNSON MCDONALD S F12101 MENARDS CLIVE MENARDS DES MOINES MENTAL FLOSS MAGAZINE MERIDIAN PROFESSIONAL

SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES ADMISSION REGISTRATION SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES FOOD FUEL FUEL FUEL FUEL FUEL FUEL FUEL SUPPLIES SUPPLIES SUPPLIES FOOD SUPPLIES SUPPLIES SUPPLIES FOOD FOOD ADMISSION SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES FOOD SUPPLIES SUPPLIES SUPPLIES SUPPLIES

AGGREGATE  AMOUNT 1,990.00 1,265.40 513.50 66.83 253.42 40.00 40.00 20.00 1,119.87 272.11 10.02 1,470.18 16.31 95.16 9.88 70.00 52.78 2,960.09 215.30 146.65 78.00 676.45 395.00 47.27 183.98 390.34 3,037.11 71.25 183.34 3,780.50 26.90 80.59 1,804.69 289.00 559.85 719.90 59.77 115.64 23.37 27.97 88.20 Page 35 of 314

HARRIS BANK P CARD ACTIVITY 6/21/14 THRU 7/20/14 PERSON, FIRM OR CORPORATION

DESCRIPTION

MHE*MCGRAW‐HILL ECOMM MICHAELS STORES 3101 MICHAELS STORES 3733 MIDWEST WHEEL CO DM MODEL ME KIDS MONKEY JOES ‐ WEST DES MUSTARDS RESTAURANT MY FITNESS 4 HOME COM NAPA STORE 3124012 NAPA STORE 3124013 NASCO MAIL ORDER NAT* GEOGRAPHIC MAG NCS PEARSON NEA MAGAZINE SRV NEFF COMPANY NEW TECHNOLOGY NETWORK NEW YORK TIMES DIGITAL NGS*ONLINE STORE NIELSEN S FLOWER SHOP NOBBIES INC CLIVE NORTHERN TOOL EQUIPMNT OFFICE DEPOT  1135 OFFICE DEPOT #1080 OFFICE DEPOT #1090 OFFICE DEPOT #2335 OFFICE MAX OREILLY AUTO  00003426 PACKAGING DISTRIBUTION PAINT PUMP PROS PALMERS DELI WEST DES PANERA BREAD #3205 PARTY CITY PAYPAL *S.SOUTHERN PBD ALA‐GRAPH EDITIONS PENSKE TRK LSG 711010 PERFECTION LEARNING CO PETCO 1623    63516231 PETCO 617     63506174 PICKET FENCE CREAMERY PITTSBURGH PAINTS 9828 PIZZA HUT

SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES ADMISSION FOOD CREDIT SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUBSCRIPTIONS SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES FOOD FOOD SUPPLIES SUPPLIES CREDIT SUPPLIES CREDIT SUPPLIES SUPPLIES FOOD SUPPLIES FOOD

AGGREGATE  AMOUNT 174.75 502.33 19.53 185.74 148.90 520.50 1,100.00 ‐474.95 44.00 1,161.37 463.42 34.00 3,500.00 134.92 3,590.89 2,025.00 10.00 18.73 450.00 ‐193.84 176.80 39.96 1.35 7,703.22 10,692.33 272.73 144.55 3,640.07 165.83 35.16 29.10 39.96 114.00 ‐82.00 68.08 ‐364.32 40.95 60.49 84.00 102.07 162.33 Page 36 of 314

HARRIS BANK P CARD ACTIVITY 6/21/14 THRU 7/20/14 PERSON, FIRM OR CORPORATION

DESCRIPTION

PRAXAIR DISTRIBUTION I PRODUCTS INC PROMETHEUS GLOBAL MED PUBLIC BROADCASTING SV PUMP IT UP QT 210        02002103 QT 554        04005542 QUILL CORPORATION RAINBOW PLAY SYSTEMS O REGAL PLASTIC/GRAPHICS ROY S MOTOR SERVICES RYANS  #2235        Q8 S&S WORLDWIDE SAINTS PUB & PATIO SAMS CLUB #6344 SAMSCLUB #6344 SCHOLASTIC BOOK CLUB SCHOOL BUS SALES CO SCHOOL DATEBOOKS SCHOOL HEALTH CORP SCHOOL NUTRITION ASSOC SCIOWA  ADMISSION SHERWIN WILLIAMS #3124 SHOPKO        00206755 SIGNS NOW SIOUX LAND TURF SLC POOL CONSULTANTS SLEEPY HOLLOW SPORTS P SMITH S SEWER SERVICE SOCCER CONNECTIONS INC SPORTS AUTHORI00006247 SPOT FREE MOBILE WASH SQ *ALOHANA HAWAIIA SQ *CHAD BASSMAN PHOTO SQ *FRIEDRICHS COFFEE SQ *JOURNALISM EDUCATI SQ *WEST GRAND GOLF, I SSI*DELTACPOFREYNEOSCI SSI*PREMIER HAM&STEPH SSI*SCHOOL SPECIALTY STAPLES

SUPPLIES SUPPLIES SUPPLIES SUPPLIES ADMISSION FUEL FUEL SUPPLIES SUPPLIES SUPPLIES SERVICES FOOD SUPPLIES FOOD SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES DUES ADMISSION SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES ADMISSION SERVICES SUPPLIES SUPPLIES SERVICES FOOD SERVICES SUPPLIES SUPPLIES ADMISSION SUPPLIES SUPPLIES SUPPLIES SUPPLIES

AGGREGATE  AMOUNT 53.07 90.00 249.00 59.97 147.00 132.59 81.37 4,519.22 150.00 161.34 1,112.50 299.01 339.89 40.40 407.87 714.33 18.50 1,735.07 1,145.09 307.52 125.25 1,093.00 22.00 109.13 16.54 7,189.25 295.00 1,492.71 1,832.10 814.00 59.98 775.00 24.00 200.00 134.00 179.68 659.00 803.15 2,664.21 3,947.70 860.71 Page 37 of 314

HARRIS BANK P CARD ACTIVITY 6/21/14 THRU 7/20/14 PERSON, FIRM OR CORPORATION

DESCRIPTION

STAR FUEL CENTERS 808 STRAUSS SECURITY SOLUT SUBWAY        00077461 SUBWAY        03134483 SUPER MART INC TACONY   POWR FLITE TARGET        00000695 TARGET        00019018 TARGET        00020412 TAVERN I TEXAS RDHSE HOLDINGS L THE HOME DEPOT 2103 THE LEARNING POST LTD THE OLIVE GARD00011460 THE PLAYGROUND FOR KID THE UPS STORE 2528 THOMAS BUS SALES INC TJS STEAKHOUSE TOYS R US #9507    QPS TPC*GOPHER TREND ENTERPRISES INC TRUCK EQUIPMENT INC DS TRUE VALUE HARDWARE WD TWX*ENTERTAINMENT WKLY UDSGC INC CHILDRENS FND UNITED TRUCK & BODY URBANDALES INCREDIBLE USPS 18243700131201031 USPS 18243800431201379 VAL LANES RECREATION C VARSITY SPIRIT CLOTHIN VISTAPR*VISTAPRINT.COM VSM STORE #247 VZWRLSS*BILL PAY  VB VZWRLSS*MY VZ VB P W HOTELS WAL‐MART WAL‐MART #1764 WAL‐MART #3762 WAL‐MART #4615 WALGREENS #5042

FUEL SUPPLIES FOOD FOOD FUEL SUPPLIES SUPPLIES SUPPLIES SUPPLIES FOOD FOOD SUPPLIES SUPPLIES FOOD SUPPLIES SHIPPING SUPPLIES FOOD SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SERVICES ADMISSION POSTAGE POSTAGE ADMISSION SUPPLIES PRINTING SUPPLIES SERVICES SERVICES CREDIT SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES

AGGREGATE  AMOUNT 89.97 133.19 38.74 89.25 101.07 32.38 866.89 757.93 2.00 215.33 113.83 559.74 425.33 146.62 480.00 66.66 1,603.24 167.52 222.72 199.02 131.50 39.73 802.37 30.00 515.00 11,330.24 1,356.00 19.46 86.28 1,190.00 10,407.88 327.99 51.90 366.12 538.00 ‐491.13 474.56 1,865.48 207.72 1,000.00 11.48 Page 38 of 314

HARRIS BANK P CARD ACTIVITY 6/21/14 THRU 7/20/14 PERSON, FIRM OR CORPORATION

DESCRIPTION

WALGREENS #6678 WALKER DISPLAY, INC WARRIOR LANES WAYNE DENNIS SUPPLY WDM NATURE LODGE WEST GRAND TIR89200026 WHITEY S ICE CREAM‐015 WM SUPERCENTER #1723 WM SUPERCENTER #1764 WM SUPERCENTER #3762 WM SUPERCENTER #5748 WOLFE MACHINERY CO WW GRAINGER WOLIN MECHANICAL ELECT

SUPPLIES SUPPLIES ADMISSION SUPPLIES ADMISSION SUPPLIES FOOD SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SERVICES Report Total:

AGGREGATE  AMOUNT 4.38 516.78 567.00 106.92 115.50 11.00 31.24 20.06 1,270.57 1,356.16 48.00 25.62 262.25 1,608.34 273,009.30

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Board Agenda IV-d Student Trip Requests August 11, 2014 Dr. Lisa Remy and Laurene Lanich

Valley High School Thespian Troupe #2048 to travel to YMCA camp near Boone The Valley High School Thespian Troupe #2048 would like permission to travel to Boone, Iowa to attend a teambuilding experience the weekend of 8/16-8/17/14. The total cost for the trip is $2,650 which includes a $500 deposit. The cost of the trip is paid by the individual students at a cost of $53/student. The VHS Drama Boosters will pay for those students unable to provide for the costs. Jordan Creek 5th Grade students to travel to YMCA camp near Boone The Jordan Creek 5th Grade students would like permission to travel to Boone, Iowa to attend the YMCA Camp. This trip ties into the Iowa Woodlands and Social Studies curriculum. The date of departure will be Sept. 18 and date of return will be Sept. 19, 2014. The total cost of this trip is $5,605, and all fees will be covered by the parent group. Further details are attached for these trips and approval is recommended.

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Board Agenda IVe Facility Projects August 11, 2014 Dr. Lisa Remy and Paul Bobek

a. Change Order(s) - WDMCS Valley High School Phase 3B We have received change order 012 from Hansen Company, Inc. pertaining to the Valley High School Phase 3B Project. The change order is for the items listed below: 

CCD 3B-PR445R - RFI 757 was authored after confirming two ductwork routings in Lobby area of the new Auditorium would not fit below structure and above design ceiling heights. PR 445 was published to reroute the Foyer ductwork trunk South around Elevator Room U1744 and to flatten out the supply air ductwork routed from the North into Storage Room 1741. The three beams under the deck area were affected by the duct rerouting and were required to be replaced with shorter beams. This is the cost to replace the three beams for ductwork adjustments completed on a not to exceed total cost basis per PR 445. Design Error: Add: $2,347.00



CCD 3B-RFI1080 - RFI 1080 confirmed that it was acceptable to install 8" CMU in lieu of 6" on the level 3 balcony. The 8" CMU was installed by mistake. The clearance for the seats was shown as 3'-10" and will now be 3'-8". It was confirmed by the seating installer that 3'-7" is required, so the 2" less of clearance would not be an issue. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00



CCD 3B-RFI1012 - RFI 1012 was published as a contractor request to change a new 4" concrete wall to a 4" CMU wall. The concrete wall is a brick ledge for new brick on the south side. KJWW confirmed that 4" CMU could be installed to support the brick. No cost(s) anticipated/submitted. Design Change – Contractor Option: Add: $0.00



CCD 3B-RFI1014 - RFI 1014 clarified that the micro fiber reinforcing could be deleted from the topping slab for the hollow core precast. KJWW confirmed the microfibers are for crack control and this concrete will not be exposed. KJWW also confirmed that control joints shall not be cut in the topping slabs. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00



CCD 3B-RFI1015 - RFI 1015 confirmed a steel to precast connection detail. A steel beam was revised in ASI 314 and the contractor requested the connection detail be confirmed by KJWW. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00



CCD 3B-RFI1017 - RFI 1017 confirmed a steel to precast connection detail. A steel beam was revised in addendum #1 and the contractor missed the detail on their shop drawing. The detail was confirmed by KJWW. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00

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CCD 3B-RFI1019 - RFI 1019 confirmed that the concrete housekeeping pads for air handling units #19 thru #22 are to be 4" thick. The plan showed 4" on one sheet and 6" on another sheet. No cost(s) anticipated/submitted. Design Error: Add: $0.00



CCD 3B-RFI1061R - RFI 1061R clarified that both sets of north stairs in the atrium could be shifted 5-3/8" north to account for the dimension discrepancy between structural and architectural drawings. KJWW provided details with revised dimensions. No cost(s) anticipated/submitted. Design Error: Add: $0.00



CCD 3B-RFI685R - RFI 685R documents the actual deep foundation auger cast pile depths versus the anticipated/design depths. The design depths of the auger cast piles are determined by estimating the depth of the bedrock below the top soil to provide contractors with a baseline depth to estimate from for the installation of deep foundations. To supplement the initial pricing, contractors submit an additive and deductive cost per linear foot on their bid forms to address potential unforeseen conditions associated with bedrock depths. Terracon, the independent testing agency, monitored the actual foundation depths versus the design foundation depths during installation and confirmed the contractor was able to complete foundation installations for an aggregate of ~1,487 less linear feet. This is the deductive cost for installing ~1,487 less linear feet of auger cast pile foundations supporting the new Auditorium documented as RFI 685R. Unforeseen: Deduct: ($37,175.00) Contract Summary: Original Contract Sum: Previous Change Order Amount: Current Change Order Amount: Current Contract Amount: Change Order Percent Amount:

$ 6,690,000.00 $ 55,619.00 ($ 34,828.00) $ 6,710,791.00 0.3 %

Sales and Service Tax funds have been allocated for this project. We recommend Board approval.

We have received change order 010 from Midwest Automatic Fire Sprinkler, Inc. pertaining to the Valley High School Phase 3B Project. The change order is for the items listed below: 

CCD 3B-RFI1106 - RFI 1106 was published confirming acceptable Auditorium precast wall panel core drilling locations for fire sprinkler pipe routings to coordinate with final structural, mechanical, and plumbing element locations. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00 Contract Summary: Original Contract Sum: Previous Change Order Amount: Current Change Order Amount: Current Contract Amount: Change Order Percent Amount:

$ 396,700.00 $ 27,124.00 $ 0.00 $ 423,824.00 6.8 %

Sales and Service Tax funds have been allocated for this project. We recommend Board approval.

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We have received change order 029 from VanMaanen Electric, Inc. pertaining to the Valley High School Phase 3B Project. The change order is for the items listed below: 

CCD 3B-ASI381 - ASI 381 lowered the ceiling heights on the level 2 balcony to allow the can lights to fit beneath the ductwork. The original ceiling height did not allow adequate space for the can lights to fit. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00



CCD 3B-BC006 - During Summer 2013 renovation work in Areas A, B, C, J, K, L, and X existing ceiling tile and grid was damaged during removal and handling for new installations. The ceiling tile has been marked and mapped and the damaged tile will be replaced with new tile prior to the start of fall semester 2014. These are the backcharge costs to the contractors who completed work in these areas. The work will be completed by HSI and a direct invoice for this work will be paid by the District. This is a net zero dollar ($0) cost to the District. Design Change – Contractor Error: Deduct: ($2,440.00)



CCD 3B-PR523 - RFI 1089 was authored after a review of the Area N and Area P Electrical Drawings and AV System Drawings for conduit rough-ins did not match. The AV System Drawings showed a different electrical receptacle layout, thus, the drawings were not coordinated. PR 523 was published confirming where the AV Systems needed electrical receptacles in Drama Room 1731, Auditorium Room 1744, and Stage 1748 Pinrail Gallery. To match up the AV System and Electrical Drawing layouts a total of (9) electrical receptacles needed added to the electrical drawings. This is the cost to furnish and install conduit, wiring, (9) electrical receptacles, and additional breakers for circuiting to provide electrical service at AV System connections in Drama Room 1731, Auditorium Room 1744, and Stage 1748 Pinrail Gallery per PR 523. Design Error: Add: $3,394.00



CCD 3B-PR536 - RFI 1208 was authored after confirming the head detail above Door 1731A-1 (South Entry Doors into Drama Room) showed a brick/concrete block assembly above the door. The Architect reviewed the existing walls inside and outside the Room 1731 vestibule and confirmed they are brick, thus, confirmed the design intent was to match wall types. PR 536 was authored confirming to change ~7-0 wide by 1-6 tall wall detail above Door 1731A-1 from concrete block to brick and to change (2) light fixtures from Type LB to LA. This is the cost to change ~7-0 wide by 1-6 tall wall detail above Door 1731A-1 from concrete block to brick, delete painting of the upper wall, and change (2) light fixture types per PR 536. Design Error: Add: $0.00



CCD 3B-RFI1107 - RFI 538 relocated the existing transformer to be installed on the North wall of Room 1668. RFI 1107 was authored asking if the transformer could be suspended from the existing steel roof joists rather than supporting from the metal stud two-hour fire rated North wall. The response to the RFI confirmed the transformer could be supported by both the wall and roof joist but not solely from the roof joist. No cost(s) anticipated/submitted. Design Change – Contractor Option: Add: $0.00



CCD 3B-RFI1108 - RFI 1108 was authored after confirming the specified PC6 ceiling mounted speakers shown to install in Rooms 1731, 1750, and 1750B which do not have ceilings. These are the Drama, Set Shop, and Set Shop Storage Rooms. The response to the RFI confirmed the speakers are to be independently suspended with cabling and gave parameters for mounting heights of the speakers. No cost(s) anticipated/submitted. Design Error: Add: $0.00

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CCD 3B-RFI1109 - RFI 1109 was authored requesting clarifications for Pinrail Gallery electrical box mounting locations. The electrical drawings showed installing (5) electrical boxes on the West wall of the pinrail, however, the theater drawings show mounting these electrical boxes at the theater grid level. The electrical drawings also showed a conductor wire quantity different than the theater drawings for feeding the electrical plug strips. The response to the RFI confirmed the electrical boxes are to be installed as shown on the theatrical drawings and conductor quantities and conduit sizes are per the electrical drawings. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00



CCD 3B-RFI1111 - RFI 1111 was authored requesting a clarification for (5) electrical receptacles in Area P Corridor C1749. These (5) electrical receptacles are shown on the 13-0 elevation drawing. Receptacles are already shown in Corridor C1749 at the 1-4 elevation. The response to RFI 1111 confirmed (4) of these receptacles shown were an error and are to be deleted. This is the credit to delete wiring, conduit, and devices for (4) receptacles per RFI 1111. Design Error: Deduct: ($517.00)



CCD 3B-RFI1133 - RFI 1133 was authored after Mollison confirmed (5) computers will be setup in the Welcome Center Office Room 1666 to match the quantity of computer stations currently setup in the existing Welcome Center Office Room. The drawings show installing (4) data jacks in this room, the request is to change this quantity to a total of (6) data jacks in this room. This item was discussed at the 3/21 F&F Meeting and was approved by the committee as added work scope. This is the cost to furnish and install (2) additional data cables and receptacle jacks per RFI 1133. Design Change – Owner Request (Mollison, Crothers, Robbins): Add: $571.00 Contract Summary: Original Contract Sum: Previous Change Order Amount: Current Change Order Amount: Current Contract Amount: Change Order Percent Amount:

$ 3,720,000.00 $ 493,579.00 $ 1,008.00 $ 4,214,587.00 13.3 %

Sales and Service Tax funds have been allocated for this project. We recommend Board approval.

We have received change order 030 from VanMaanen Electric, Inc. pertaining to the Valley High School Phase 3B Project. The change order is for the items listed below: 

CCD 3B-RFI1154 - RFI 926 was authored after field confirming the existing 3" sanitary piping routes above the existing east-west tunnel at the North end of the existing auditorium. The pipe elevation is too high to connect the new sanitary piping to both the new Vocal Room drinking fountain drain and the new humidifiers in the Orchestra Instrument Storage Room and maintain adequate pipe slope. The response to this RFI confirmed to install the sanitary piping to the drinking fountain only and add (2) condensate pumps, (1) for each of the (2) humidifiers in the Instrument Storage Room and route the pump piping into the Orchestra Room drinking fountain sanitary piping. RFI 1154 is a follow up to RFI 926. RFI 926 did not include the requirements for additional electrical connections for the added condensate pumps. This is the cost to furnish and install conduit, wiring, and two connection devices for an additional electrical circuit to serve the (2) added condensate pumps for the humidifiers in Storage Room 1721C per RFI 1154. Unforeseen: Add: $452.00

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CCD 3B-RFI1158 - RFI 1158 was authored changing the locations of electrical and data receptacles on the North, East, and South walls of future Computer Lab 1720 to match the infrastructure and final instructional furniture layout. The room layout was reviewed by Sunderman and Mollison with changes submitted to Robbins and Solem. The changes modified receptacle locations only, thus, no cost change. Design Change – Owner Request (Mollison, Robbins): Add: $0.00



CCD 3B-RFI1174 - RFI 1174 clarified that the recessed cove light on the Bridge could be mounted to the top of the recess in lieu of the side. The cove is only 6" wide and that does not allow access to fasten the fixture to the wall or allow future access to replace ballasts. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00



CCD 3B-RFI1186 - RFI 1186 clarified the layout for the ladders and electrical and lighting boxes on the box boom level of the auditorium. The plans did not show dimensions for these items. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00



CCD 3B-RFI1196 - RFI 1196 was authored requesting a mounting clarification for the Auditorium paging speakers along the (3) northern catwalk systems. The location of the paging speakers on the drawings appears to show installing the paging speakers between the catwalk systems; however, for future accessibility it would be better to move the speakers closer to the catwalks so the speakers could be more easily accessed for maintenance/repair. The response to the RFI confirmed to final position the paging system speakers with the bottom of the speakers at the light cage level and adjacent to the front of the catwalks for access. No cost change. Design Clarification: Add: $0.00



CCD 3B-RFI1204 - RFI 1204 provided electrical circuit numbers for the lighting circuits in Drama, Drama Storage, Drama Office, and the Restrooms south of Drama. The wiring was shown, but circuit numbers were not listed on the home runs. RDG recommended connecting to spare breakers in the nearest electrical panel. No cost(s) anticipated/submitted. Design Omission: Add: $0.00



CCD 3B-RFI1210 - RFI 1210 relocated three electrical outlets for the AV Rack in the Drama Room. The electrical plan shows the outlets in Drama Storage, but the AV plan shows the AV Rack in the Drama Office. KJWW confirmed the outlets should be installed near the AV Rack. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00



CCD 3B-RFI1214 - RFI 1214 confirmed it would be acceptable to core drill at 1" diameter hole in a cast in place concrete wall for an electrical conduit. KJWW reviewed the location and determined it was structurally acceptable. No cost(s) anticipated/submitted. Design Clarification: Add: $0.00



CCD 3B-RFI850 - RFI 850 was authored following discussion about the future layout of the Activities Director and AD Support Staff offices. Mollison confirmed any changes for AD Offices would be funded by building PPEL funds. This deduct confirms this work is not part of any construction budget or spending. Design: Deduct: ($1,147.00)

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Contract Summary: Original Contract Sum: Previous Change Order Amount: Current Change Order Amount: Current Contract Amount: Change Order Percent Amount:

$ 3,720,000.00 $ 494,587.00 ($ 695.00) $ 4,213,892.00 13.3 %

Sales and Service Tax funds have been allocated for this project. We recommend Board approval.

b. Change Order – Fairmeadows Elementary 2014 We have received Change Order #02 from Rochon Corporation pertaining to the Fairmeadows Addition and Renovation Project. The change order is for items listed below: 

PR #03 – Provide new asphalt playground directly East of 2 classroom addition, including demoing old playground, adding compacted fill and aggregate sub-base. A/E did not coordinate exterior grades with interior floor level to provide grade level exit out of new classroom addition to playground. Design Omission: Add: $ 25,578.00



PR #05– Provide additional grading and new catch basin directly North of new Music Room addition to provide better drainage in the area. Modify the size of the playground area North of the building to provide room for existing soccer field. Add wood timbers and additional grading at South Kindergarten addition related to the footing depth issue and getting proper frost depth coverage. Design Omission: Add: $ 15,720.29



PR #06 – Delete CO2 controls, transmitter and programming from new rooftop unit serving media center that are not required. Design Change - Owner: Deduct: $(625.50)



PR #07 – Provide masonry patching at joist bearing in upper Southeast corner of gym at cracked masonry from previous wind uplift event. Design Change - Owner: Add: $ 484.92



PR #08– Provide additional smoke and heat detectors in new classrooms per WDM Fire Marshal. Design Change – WDM Fire Marshal: Add: $ 7,386.21



PR #10– Provide structural concrete floor slab top over existing tunnel in corridor South of Kitchen where new sanitary sewer line was installed below grade to grease interceptor. Design Omission: Add: $ 700.70 Contract Summary: Original Contract Sum: Previous Net Change Order Amount: Current Change Order Amount: New Contract Amount: Change Order Percent Amount:

$ 2,399,700.00 $ 13,539.03 $ 49,244.62 $ 2,462,483.65 2.62 %

Sales and Service Tax funds have been allocated for this project. We recommend Board approval.

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ASI 323 has been deleted. Awaiting resolve with contractor. Will apply to a future change order after resolve. DS 8/4

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RFI 850 Retraction for Midwest - Per 4/25 and 5/12 F&F Meeting, this work will be funded by building PPEL funds per this District direct PO. This work is NOT part of the construction funds or budget. DS

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August 11, 2014

To: Board of Directors From: Dr. Lisa Remy, Superintendent Re: Superintendent’s Report

Superintendent Panel: I was asked to sit on a panel of superintendents who have completed their first year at the New Superintendent Institute on July 15th at School Administrators of Iowa. As a panelist, I was asked to reflect on the following questions; 1. Describe your entry plan and/or the steps you took to ensure a positive start during the first 100 days in your new role? 2. How did you go about building relationships with your administrative team, staff, board and community? Others? 3. What were your expectations for your administrative team and how did you communicate them? 4. What legal and/or policies issues did you face in your first 100 days? 5. How did you decide where to be tight in your leadership and where to be loose? 6. What did you change the first year and why? How did you decide? How did you ensure you were honoring the culture and the work that had been done prior to you? 7. What’s one thing you wish you had done differently in your first 100 days? As with any panel, we did not get through more than the first question on the list above and answered questions from the new superintendents in the room. I remember attending this institute a year ago. The panel was very informative. I was happy to give back to the profession. Valley Junction Neighborhood Association Meeting: On July 19 at 10:00 am Elaine and I attended the Valley Junction Neighborhood Association Meeting. The purpose of us attending was to share plans regarding Phenix Elementary. We were able to answer questions about the steps we have taken to work with the city on the sale of Phenix. We also shared information about the relocation of students who attended Phenix and steps we have taken to assist parents and students in the transition. Iowa Teacher & Principal Leadership Symposium: Many of our teacher leaders and administrators were able to attend the Governor’s teacher & principal leadership symposium on August 4th. The day began with opening remarks from Governor Brandstad. Some of the speakers throughout the day were Vivien Stewert, Senior Advisor for Education at Asia Society, Ee-Ling Low, Associate Professor and Head of Strategic Planning and Academic Quality at the National Institute of Education in Singapore, and Barnett Berry, Founder and CEO of the Venter for Teaching Quality. These speakers with the others provided a day of valuable learning around the importance of teacher leadership. Iowa is on the right path. New Technology Network: The suptcy has started completing the NTN school application. Paul Buck will be in Iowa on August 11 for a meeting with Cedar Rapids CSD. Several administrators from our district will be meeting with him the morning of August 11th to discuss the application, next steps, look at buildings, etc. We are setting up a visit in late Sept to Indiana. We plan to visit an elementary, middle and high school. More information to come.

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Board Agenda VII Open Enrollment August 11, 2014 Dr. Lisa Remy and Paul Bobek

The following open enrollment applications are for review only and have been previously approved by the administration: (*pending approval of DMPS) 2014 – 2015 IN (approved) Name Grade From To Reason Abdulle, Salman 10 DMPS WDM continuation Caverty, Grayson K DMPS WDM met deadline Charlson, Kaydance K DMPS WDM met deadline Dorbor, Jacob 7 DMPS WDM met deadline Gonzalez, Kevin 9 DMPS WDM good cause Hemesath, Assata 1 DMPS WDM good cause Henderson, Gabrielle K Waukee WDM met deadline Hoffman, Aaliah K Norwalk WDM met deadline Hubler, Mallory 8 Waukee WDM good cause Lewis, Thalia K DMPS WDM met deadline Martin, Chaisten 7 DMPS WDM continuation Moran, Emilio 1 DMPS WDM good cause Olson, Jordan 8 DMPS WDM continuation Rodriguez, Fermin K Urbandale WDM met deadline Rodriguez, Jared 2 DMPS WDM continuation Rodriguez, Lincy 4 DMPS WDM continuation Trailer, Braden 3 Waukee WDM continuation Viso, Leila 1 Waukee WDM continuation Vos, Delilah K SE Polk WDM met deadline Vos, Reuben K Johnston WDM met deadline

The following open enrollment applications were received after the deadline and do not qualify for good cause. We recommend these applications be approved pending approval of resident district: 2014 – 2015 IN (approved) Name Grade From To Reason NONE

We recommend these applications be denied: Name Oliver, Jonathan Ruiz-Cano, Andrew

Grade 11 1

2014 – 2015 IN (denied) From To Johnston WDM Urbandale (DMPS) WDM

Reason late/not good cause late/not good cause

The following open enrollment applications are for review only. They will be approved/denied by the receiving district: 2014- 2015 OUT (approved) Name Grade From To Reason Dobson-Greiner, Adrienne K WDM Johnston met deadline Freeman, Elise 9 WDM Earlham good cause Heim, Nola K WDM DMPS met deadline Ivie, Samantha 11 WDM CAM good cause Jacobson, James 11 WDM DMPS good cause McAbee, Austin K WDM Johnston met deadline Shepherd, Sophie K WDM Waukee met deadline

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The following open enrollment applications were received after the deadline and do not qualify for good cause. We recommend these applications be denied. The final decision rests with the receiving district: 2014 – 2015 OUT (denied) Name Grade From To Reason Lara, Gianna 5 WDM DMPS late/not good cause Morrill, Carter 10 WDM Waukee late/not good cause Mumm, Grace 10 WDM DMPS late/not good cause

The following open enrollment applications are for review only and have been previously approved by the administration: (*pending approval of DMPS) 2015 – 2016 IN (approved) Name Grade From To Reason NONE

The following open enrollment applications were received after the deadline and do not qualify for good cause. We recommend these applications be approved pending approval of resident district: 2015 – 2016 IN (approved) Name Grade From To Reason NONE

We recommend these applications be denied: Name NONE

2015 – 2016 IN (denied) From To

Grade

Reason

The following open enrollment applications are for review only. They will be approved/denied by the receiving district: 2015- 2016 OUT (approved) Name Grade From To Reason NONE The following open enrollment applications were received after the deadline and do not qualify for good cause. We recommend these applications be denied. 2015 – 2016 OUT (denied) Name Grade From To Reason NONE

Reasons OUT (cumulative): Reason code #

1

14/15 students 13/14 students 12/13 students

39 51 53

2

3

4

5

1

4 1 7

1 4

9 15 7

Reason Codes: 1-close to home 2-more friends/comfort 3-smaller 4-others of same culture 5-plan to move 6-schedule conflict 7-VHS too big 8-close to job 9-close to daycare

6

7

8

9

10

5

6

2 3

4

3

11

12

13

14

3 5

10-Montessori 11-Traditional 12-Downtown/Central Campus 13-sibling’s exp. 14-student’s choice 15-sports 16- contact w/counselors difficult 17-student average academically 18-continuation (new 03/04)

1 1

15

3 6

16

17

18

19

12 100 73

3 1 3

20

21

22 3

1

3

23

24

25

26

27 *

9 22 19

4 3 4

16 22 13

13 6 7

19-professional recommendation 20-principal recommendation 21-all day kindergarten (new 03/04) 22-get a new start 23-lack of 1-on-1 24-move in to area (new 03/04) 25-non-public to public 26-sibling(s) in district 27-virtual public school (*new February 2012) Page 100 of 314

format revised April 2005

K – 12

12th Grade

Kdg

October 2013 Open Enrollment IN October 2013 Open Enrollment OUT October 2013 NET Certified Balance

640.9 (613.5) 27.4

13-14 Open Enrollment IN (after count day) 13-14 Open Enrollment OUT (after count day) 2013-2014 NET Change (after count day)

63.0.0 (59.0) 4

0

7.0 (8.0) (1)

14-15 Open Enrollment IN 14-15 Open Enrollment OUT 2014-2015 NET Change

150.0 (134.0) 16

1.0 (4.0) (3)

61.0 (60.0) 1

Estimate – Oct. 2014 Open Enrollment IN Estimate – Oct. 2014 Open Enrollment OUT NET Change

853.9 (806.5) 47.4

Cancelled/ Denied

Cont.

New

3.0 3

57.0 (53.0) 4

6.0 (6.0) 0.0

6.0 9.0 15

30.0 (12.0) 18

120.0 (122.0) (2)

Open Enrollment Monthly Tracking 2006-07 NET

2007-08 NET

2008-09 NET

2009-10 NET

2010-11 NET

2011-12 NET

2012-13 NET

2013-14 NET

2014-15 NET

July (193.3) (141.5) August (202.9) (143.5) September (207.9) (137.7) October (152.3)* (107.7)* November (157.9) (89.7) December (155.6) (82.7) January (147.6) (85.1) February (151.6) (82.1) March (141.6) (89.1) April (140.6) (104.9) May (143.5) (97.9) June (139.5) (89.9) *certified enrollment number

(88.9) (87.5) (88.7) (42.2)* (34.2) (29.2) (15.8) (4.4) 3.2 11.6 7.6 5.4

7.5 14.5 15.7 (20.5)* (24.5) (19.5) (13.5) 0.5 14.3 10.7 23.7 29.7

30.1 32.5 33.6 13.8* 35.8 36.8 48.8 52.8 56.8 52.1 52.1 41.8

46.8 32.8 44.8 16.2* 13.2 22.5 24.5 29.1 37.7 17.0 13.0 9.0

3.3 (3.7) 2.3 (36.2)* (19.2) (0.2) (2.2) (0.2) 1.8 14.8 12.9 9.9

9.9 7.9 6.8 27.4* 35.4 34.4 28.4 36.4 37.4 37.4 34.4 47.4

34.4 47.4

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Board Agenda VIII Facility Projects August 11, 2014 Dr. Lisa Remy and Paul Bobek

a. Construction Project Update

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Board Agenda IX Contracts/Agreements August 11, 2014 Dr. Lisa Remy, David Maxwell, Zac Sinram, Shahna Janssen, Holly Burns, Paul Bobek, Robert Young, Willow Dye

a. Y Camp – Drama students’ field trip This contract between the YMCA Camp, Boone, IA, and the WDMCSD is for 50 VHS Drama students to attend a teambuilding experience the weekend of 8/16-8/17/14. The total cost for the trip is $2650.00 which includes a $500.00 deposit. The cost of the trip is paid by the individual students at a cost of $53.00/student. This contract was reviewed by Kristy Latta and is identical to a YMCA contract previously submitted for Board approval. We recommend Board approval.

b. Tiger Select Football Club This is an agreement between Indian Hills and Stilwell Junior High with the Tiger Select Football Club. The club will pay the schools a rental fee of $600 ($300 to each building) for use of Jr. High shoulder pads. The money acquired will be deposited to the football equipment accounts for regularly schedule updates and maintenance. Eighth graders will simply use the same shoulder pads for the junior high season and the Tiger Select tournaments. This simplifies the inventory process for both parties. Any supplemental pads the schools have can be used by Tiger Select 7th graders. This agreement has been reviewed by Kristy M. Latta, Ahlers & Cooney, P.C., and Valeri Eide, INSPRO Insurance. We recommend Board approval.

c. City of West Des Moines – teen center Attached is a renewal agreement between the City of West Des Moines and West Des Moines Community Schools for the use of Rex Mathes and operation of a Teen Center at that location. This will be the 8th year of operation of the Teen Center at Rex Mathes. Updates include:  Dates  The shared costs for custodial assistance (Section 1.b) and energy costs (Section 2.b) were updated to reflect current usage of the building. The City will be responsible for 30% and the District will be responsible for 70%, compared to an equal division in previous years.  Exhibit A redefines the spaces available for use by the Teen Center. We recommend board approval.

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d. Statewide Voluntary Preschool Program This will be the fifth year offering the State Voluntary Preschool Program in WDMCS. There are six independent 28e agreements for community partners participating in the program; Apple Tree (Ashworth), Apple Tree (Grand), Creekside (formerly known as Olivet), Sacred Heart, St. Timothy’s, and West Des Moines United Methodist. Dates and funding allotments have been updated. The following statement has also been added to section 1.3 Enrollment; “Enrollment priority will be given to students residing in the School District's boundaries. The Preschool agrees that the number of students residing outside of the School District’s boundaries that it enrolls in the Program will not exceed twenty-five percent (25%) of the total number of students that it enrolls in the Program without prior approval from the School District.” This agreement has been reviewed by legal counsel. We recommend Board approval.

e. Polk County Early Childhood Iowa Board Contract – Project Shine Attached is the contract with Polk County Early Childhood Iowa (PECI) Board. Funds have been allotted at $93,000 for the 14-15 school year, which is the same amount as the 13-14 school year. Project Shine places a child aged three through five into quality area preschools and supports their fees. In section 4.2 this year’s contract specifies the Performance Measures used (same as required for 13-14 but not listed out in the past). All other wording is identical except for date changes. We recommend Board approval.

f. The Conley Group The Conley Group provides uniformed security guards at the entry doors and the parking lot at Valley High School. The district has also used The Conley Group to provide guards for special projects like evening “fire watch”, special event security, and construction site patrols. This is a renewal of the contract that was reviewed by Kristy Latta at Ahlers & Cooney, P.C. and also by Val Eide at INSPRO Insurance. Only the dates have been changed. Attachments include:  Security Services Agreement  Certificate of Liability Insurance naming West Des Moines Community Schools as an additional insured party The hourly rate for services covered under this contract is $19.93 per hour. This rate is unchanged from the prior year. Payments to The Conley Group in FY 2013 – 2014 were $138,846.59.  Funding will be provided through the General Fund. We recommend approval of this agreement.

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g. Central Buying Consortium – 28E In order to provide the best products (food, chemicals, and supplies) possible at the most reasonable cost, a group of Nutrition Services Directors pooled their resources and expertise to form the Central Buying Consortium (CBC). Ahlers law firm recommended the CBC develop a 28E agreement to define the cooperative purchasing arrangement among the districts. The CBC is not a cooperative or consortium as registered by the state. The CBC members include: East Union CSD, Interstate 35 CSD, Southeast Warren CSD, Montezuma CSD, Central Decatur CSD, Clarke CSD, Johnston CSD, Knoxville CSD, Marshalltown CSD, Melcher Dallas CSD, Norwalk CSD, Pella CSD, Village Childhood Center who partner with Clarke, and West Des Moines Community Schools. The 28E agreement is attached for your approval.

h. Bimbo Bakeries USA In June 2011 an Invitation for Bid for bread products was distributed to 2 vendors. On June 27, 2011, the Board awarded the contract for bread products to Sara Lee for the 2011-2012 school year. Pursuant to Section 1.3 of the IFB, which is made part of the Original Contract, WDMCSD has the option to renew the Original Contract for up to four (4) additional one-year periods by mutual agreement of WDMCSD and Sara Lee Fresh Bakery Products. Since the original contract was signed, Bimbo Bakeries USA purchased Sara Lee Fresh Bakery Products. We recommend Board renew the contract for bread products with Bimbo Bakeries USA, formerly known as Earthgrain Baking Co, Inc. for the 2014-2015school year.

i. Hiland Dairy Foods Company For the 2014-15 school year, WDMCS and Hiland Dairy Foods Company, LLC would like to renew their contract for milk and milk products based on the escalator contract to Roberts Dairy for the 2011-2012 school year. During the 2012-13 school year, Prairie Farms Dairy (the parent company to Roberts Dairy and Hiland Dairy) merged the two companies into to one, Hiland Dairy Foods Company, LLC (Hiland). This is the third renewal from the original Invitation for Bid (IFB) for milk and dairy products, which the Board approved on June 27, 2011. We recommend the Board renew the contract for milk and dairy products with Hiland for the 20142015 school year.

j. Loffredo Fresh Produce The CBC (Central Buying Consortium) issued a request for proposal for the 2014/2015 school year that was released on June 4, 2014 for food and supplies, chemicals and produce. Kristy Latta from Ahlers & Cooney, P.C. reviewed the language before the RFP was released to the public. The RFP was sent to fifteen distributors. Only one distributor responded in the produce category. Loffredo Fresh Produce Co., Inc. proposal was deemed acceptable with a total package price of $310,344.25 We recommend the Board award the contract for fresh produce to Loffredo Fresh Produce Co., Inc. of Des Moines, Iowa for the 2014-2015 school year.

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k. EMS Detergent Chemicals: we had 4 vendors respond to our request for proposal; US Foods, Ecolabs, EMS Detergent and Martin Bros. Price per Package noted below: US Foods $45,961.57 Marin Bros 43,056.35 Eco Lab $48,553.20 EMS Detergent $37,534.09 A scoring system was also included to address performance, reputation, and service characteristics. EMS Detergent was the lowest price and also scored the highest in overall points to warrant a recommendation for award. We recommend the Board award the contract for chemicals to EMS Detergent Inc. of North Liberty, Iowa for the 2014-2015 school year.

l. Martin Bros. Food and Supplies: we had a total of two distributors respond to the request for proposal for food and supplies. They were Martin Bros. and US Foods. Total Package Martin Bros. $4,017,610.53 Total Package US Foods $ 4,002,359.64 An evaluation tool was also used to determine a maximum score based on price per package, completeness of product line, distributor reputation, computer capabilities and service characteristics. The scoring was completed by each member nutrition director of the CBC. Martin Bros. scored the highest points in every case making the determination to recommend the contract award to Martin Bros. Distributing of Cedar Falls, Iowa. (See attached CBC evaluation tools) We recommend the Board award the contract for food and supplies to Martin Bros. Distributing of Cedar Falls, Iowa for the 2014-2015 school year.

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Des Moines YMCA Camp A Branch of the YMCA of Greater Des Moines

Retreats and Conferences Agreement 1192 166th Drive

Boone, IA 50036

Phone: 515-243-0100

Contract Number: 000995 Group Name: Valley High School Drama Group Representative: Stacey Hansen

Contract Date: July 29, 2014 Grade Level: Group Phone: 515-633-4000 Group Fax: [email protected]

(This person receives all written communication and is responsible for dispersing it to ALL group personnel involved in the camp program.)

Billing Address:

3650 Woodland Ave West Des Moines, IA 50266

(Group Representative's E-mail Address)

Group Contact: Stacey Hansen Total Guarenteed Participants Retreats/Conf Overnight: Auditorium rental: Total Guarenteed Participants:

Arrival: August 16, 2014

50 50

Departure: August 17, 2014

Location Cedar: Deer Valley 1: Deer Valley 2: Deer Valley Meeting Space: Emecka: Notes: Total Days: 2

1 1 1 1 1

Total Nights: 1

This agreement is valid for 14 days from the contract date listed above. Please return this signed contract with your non-refundable deposit of $ 500.00. The Y Camp office must receive this contract and deposit in order to reserve the dates and services listed above. Failure to do so may result in the cancellation of the dates requested. You will be charged for 100% of the guaranteed number of participants listed above. Each group must realize that there may be a risk of injury and/or illness due to each camper's participation in Y Camp activities and programs. Y Camp, the YMCA of Greater Des Moines, or any individual associated with the YMCA of Greater Des Moines or the Y Camp is not liable for accidental injury or illness resulting from the camper's attendance and activities at Y Camp, unless such injury resluts from the negligence, willfull misconduct, or violation of this Agreement or applicable law by the Y Camp, YMCA of Greater Des Moines, or any individual assocated therewith. In cases of medical emergency, the group must secure treatmentfor its own campers. I/we have read this contract and the accompanying pages and understand the contents and conditions. Pricing: Item Description Retreats/Conf Overnight Retreats/Conf Full Auditorium 1/2 day leadership ropes Zip Line R&C

Guarenteed Quantity 50 TBD 25 50

Unit Price Extended Price $23.00 $1,150.00 $0.00 TBD $22.50 $562.50 $8.50 $425.00

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We accept this Agreement and will communicate these Terms of Agreement to all group personnel involved in the camp program prior to arrival at camp.

Group Representative / Date

YMCA Retreats and Conferences Director / Date

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SUMMARY OF AGREEMENT Responsibilities assumed by Des Moines YMCA Camp

1. 2.

To provide facilities requested except when weather, emergencies or other conditions make changes necessary. To provide services indicated in your reservation agreement.

Responsibilities agreed to by groups using Des Moines YMCA Camp 1. To follow all regulations set by the campsite on this page and as posted. Please review posted emergency procedures.

2.

Bedding- YCamp will provide beds and mattresses. You will need to bring your own bedding, pillows, towels, and toiletries.

3. Use of Premises and Schedule - During the term of the Agreement, Valley High School Drama shall use the facility for conducting a program of its own design and shall comply with all applicable laws, codes, and regulations. All activities on YCamp property or using YCamp equipment not related to Supervised Recreation Activities listed in Section 5 of this agreement are available for group use. You shall notify YCamp staff of the nature of its program and shall supply YCamp with information concerning the program upon request by YCamp. Please be aware of the surroundings and natural hazards while conducting your programs. Groups participate at their own risk. YCamp prohibits hunting, fireworks, firearms, ammunition, and explosives at the facility. The use of gasoline, flammables, poisonous substances, and hand and power tools are restricted. Prior authorization from the Executive Director must be obtained. 4. Cabin Inspection - Each group is subject to a cabin inspection at arrival and upon departure. The group represented by the undersigned agrees to pay for the repair of any destruction or defacement of Y Camp property or equipment. We appreciate your commitment to keeping our facilities clean and healthy. The following is an itemized list of our equipment charges: Graffiti- inside and outside- offence $65.00, Broom $12.00, Screen $20.00, Dustpan and brush $10.00, Soap dispenser$15.00, Garbage can $5.00 Towel dispenser $20.00, Heater knob $8.00, Door handle $35.00, Recycling can $10.00, Smoke detector $20.00, Fire extinguisher $30.00, Shower curtain $10.00, Shower head $10.00, Cabin window $150.00, Door $200.00, Frosted window $350.00, Basketball rim, backboard, and post $1200.00 5. Supervised Recreation Activities- Y Camp will provide appropriately trained staff for Y Camp activities. The YMCA shall be responsible for conducting criminal background checks and child and depenent adult abuse and sexual registry background checks on all personnel that it provides under this Agreement. The YMCA agrees that any individual who do not meet the School Dictrict's standars for background checks will not be permitted to provide services under this agreement. Group staff are responsible for the behavior of campers. These activities include Swimming Pool, Canoeing, Target Sports (riflery and archery), Ropes Programs (Lows, High, Zip Line, and Climbing Tower), and Equestrian Programs (Trail Rides and Pony Rides). No one shall enter these areas unless a qualified YCamp staff is present at that area. Before participation can be allowed in any program or service at YCamp, a health form must be filled out and given to the Program Director prior to your visit and participants will be given a safety orientation specific to the program area. YCamp will provide all equipment necessary for the participation in these programs. Groups will not be allowed to use their own personal equipment while participating in any YCamp program. All activities that involve YCamp staff must be scheduled before 9:00 p.m. The following describes requirements and restrictions for each area: A. Swimming Pool- Swimming Pool is available from Memorial Day weekend through Labor Day weekend, weather and maintenance permitting. No one shall enter the pool area unless a qualified lifeguard provided by Y Camp is supervising the pool area. All participants under the age of 18 will be required to take a swim test to determine the swimmer's abilities. B. Canoeing- River Canoeing is available spring through fall, no one shall canoe unless a qualified lifeguard provided by Y Camp is supervising the canoe area, weather and river conditions permitting. Pond Canoeing is available spring through fall weather permitting. PFD's must be worn at all times during canoeing. C. Target Sports- There is no age limit for participants in archery. Any child under the age of 9 years old will shoot BB guns and children 9 years of age and above may shoot .22 rifles. D. Ropes Programs- All elements of ropes courses are free will activities and available to all ages. All participants must be wearing closed-toe shoes in order to participate. E. Equestrian Programs- Any child under the age of 9 will be given a pony ride (horse is led at a walk around the arena) and children 9 years of age and above are able to go on trail ride after they demonstrate that they are able to control their horse. All riders must wear long pants, closed-toe shoes or Page 3 of 6 Page 109 of 314

boot, and protective head gear. 6. Food Service- Y Camp shall provide meals as specified on the Service Agreement in accordance with an estimate of the numbers furnished to Y Camp at least five days in advance of the service of the first meal. Breakfast is served at 8:00am, lunch at 12:00 noon and dinner at 5:30pm unless otherwise worked out with the Y Camp staff. If your group prepares its own food, it assumes all responsibility for any foods prepared and for all activities incident to their preparations, and shall hold Y Camp and the YMCA of Greater Des Moines harmless from any and all liability therein. 7. Kitchennette Use- Rental groups are able to use the kitchenettes located in Pioneer Hybrid Outdoor Education Center and Chase Lodge. Y Camp does not provide any utensils and dishes and requires groups to follow procedures related to kitchen use. A. Sanitized Utensils and Surfaces- Serving utensils should be sanitized after each meal by washing in dishwasher with a temperature of over 100 degrees F for wash water and 180 degrees F for rinse water. Utensils should not be used if dropped on floor or other non-sanitized area until after they have repeated the sanitation process. Surfaces used for preparing and serving meals should be sanitized after each meal by using a bleach solution or commercial sanitizer. B. Dishwashing- Y Camp requires all dishes and food-service utensils be washed and sanitized after each use. Mechanical dishwashers are unavailable for user groups to use. All dishes and food-service utensils must be washed by hand in water at a temperature at least 100 degrees Fahrenheit and a second rinse process is used with an approved chemical sanitizer. C. Dish Drying and Storage- All dishes and utensils should be air dried and protected from dust between uses. D. Refrigeration- Potentially hazardous food should be stored at a temperature of below 40 degrees. A thermometer will be provided for each refrigerator. E. Food Temperatures- Hot foods should be held in a manner to maintain a temperature of 140 degrees or higher before serving. All foods should be cooked at the appropriate temperatures. Cooling, handling and storage of food will follow standards of serve safe trainings.

8.

Utilities- Y Camp will provide water, electricity, and garbage disposal without charge to Licensee.

9. Maintenance- Y Camp will maintain the facility in good condition and repair and shall provide janitorial services to the premises and buildings. Licensee agrees to assist in keeping the facility clean, and will leave the facility free of defacement. 10. Health and Safety- A. Y Camp does not provide medical supervision, treatment, maintenance, or dispensing of medications for campers. These responsibilities belong to your group. B. Treatment of Participants- A qualified adult at least 21 years of age and possessing a certificate of training in the principles of first aid and age-appropriate CPR from a nationally recognized provider must be present for your group to provide basic health supervision. Rental groups are responsible for emergency treatment while not participating in Y Camp related programming. Y Camp will provide first aid and CPR to participants in the event of an emergency during Y Camp programs. All Y Camp program staff is certified by the American Red Cross in CPR, first aid and AED. C. Participants Medical Forms- Y Camp/YMCA of Greater Des Moines shall only be permitted access to the medical forms if Y Camp/YMCA of Greater Des Moines will use the forms and information therein for the intended purpose and shall not disclose any such information to a thrid party unless required by law. Licensee will provide the Y Camp access to its participant's medical forms provided by the Y Camp during the days operation and will maintain the forms and provide the Y Camp access upon request. Records will be retained for a minimum of seven years after the participant's stay. D. Emergency Transportation- In the event that a participatant needs to go the hospital, Y Camp is not responsible for the transportation. Each group leader must either transport the participant or have prior arrangements to have an adult affiliated with the group take the participant to the hospital. Emergency transportation is also available through local emergency response groups by dialing 911. Licensee must provide non-emergency transportation. E. First Aid Supplies- Groups are responsible for providing first aid supplies for use when not participating in YCamp programs. YCamp has basic first aid supplies that may be available in the following locations: Pioneer Hi-Bred Outdoor Education Center, Dining Hall, all program areas, and Good Health Center. F. Safety Orientation- Rental groups are required to go through an orientation on safety regulations and emergency procedures upon arrival that includes boundaries, behaviors, precautions and emergency procedures. G. Reporting Requirements- Any injury requiring first aid or medical assistance needs to be reported to YCamp staff and will be recorded on YCamp's incident form. 11. Supervision- User groups are responsible for supervision of their own participants and their behavior. Groups composed primarily of people under the age of 18 must be accompanied by adults at a ratio of one adult for every ten minors, unless otherwise approved in writing by the Camp Executive Director or Program Director. Pleae be advised that the American Camping Association recommends Page 4 of 6 Page 110 of 314

the following ratios: Ages 4-5 minimum 1 staff for every 5 overnight campers and 6 day only campers; Ages 6-8 minimum 1 staff for every 6 overnight campers and 8 day only campers; Ages 9-14 minimum 1 staff for every 8 overnight campers and 10 day only campers; Ages 15-18 minimum 1 staff for every 10 overnight campers and 12 day only campers. We advise all groups to use appropriate screening policies for all group staff that have responsibility for or access to campers. 12. Curfew- The camp wide curfew is 11:00 p.m. In respect to all groups on camp, group members must be quiet and stay in assigned areas after 11 p.m. When walking back to living areas or enjoying campfires after 11 p.m., volume must not be loud enought to be heard in sleeping areas. 13. Intruders- Trespassers are not allowed on Y Camp property. All persons visiting camp who are not affiliated with a group on site will be accompanied by a staff or volunteer or they will wear a visitor name tag after checking into the office. User groups should contact Y Camp staff once they see an intruder and Y Camp staff will escort them off of camp property. 14. Fire- All the buildings, including the cabins, have fire extinguishers that are checked repeatedly during the year to ensure they work properly. Each building also has more than one exit. A. Building fire- Remove yourself and your group from the building and do a head count to ensure all are present. Contact camp staff immediately and be sure that your priority is on the people in your group and not our buildings. B. Outdoor fire- Be sure to not position yourself near the fire. Remove all those in your group and perform a head count. Contact camp staff immediately and they will direct you if needed. 15. Natural Disasters- If a severe weather condition exists, or you observe weather conditions that may indicate the possibility of severe weather or a tornado please note that camp is located in Boone County. Although camp staff will monitor weather there may be times when camp staff is not on site and you will need to be aware of weather conditions. You will need to bring your own radio to listen for weather conditions to ensure immediate safety. A. Tornado- You will want to lead your group to one of the following tornado shelters at camp (listed in order of safety): basement of the Pioneer Center, basement of Chase Lodge, inside the pool house or Kybos (shower house). B. Severe weather- Remain inside your cabins or meeting room until weather has passed. C. Flooding- In case of an emergency, campers should be evacuated only if it is safe to do so. If vehicles can safely travel on the roads the campers will be moved to a public setting in town. We advise rental groups to call parents of the campers immediately. If the hill is not safe to travel, campers will walk to the ropes course and be evacuated if it can be done safely. If the Program Director on site does not feel this can be done safely, 911 will be called and the Boone County Emergency Director will handle the evacuation if necessary. 16. Vehicles and Parking- Parking lots for the main camp are located next to Chase Lodge, near the lower athletic field, and east of the Pioneer Outdoor Education Center. All cars must remain parked until your departure from camp. Motorized vehicles should not be operated in areas not designed for their use. Y Camp prohibits the transportation of individuals in the back of pickup trucks or wagons where seats are not attached to the vehicles. The speed of vehicles driven through camp should not exceed the posted speed limit of 10 mph. 17. Arrival and Departure (Traffic)- Vehicles of weekend retreat groups will be directed to appropriate parking areas. Vehicles should stay off of grass and sidewalks. Vehicles may not block driveways or access to buildings or roadways. Visitors arriving or departing on a bus will load and unload in one of two areas, parking lot by Deer Valley Cabin or on 166th Drive in front of Chase Lodge. If by Deer Valley Cabin all buses must be off of 166th Drive and facing in the same direction if there are multiple vehicles loading or unloading. If on 166th Drive, buses must be parked in a manner not to block traffic on 166th Drive. Buses must face south so the entrance of Chase Lodge is not blocked while loading or unloading. 166th Drive is a public road and so please watch for traffic when crossing with members of their group. 18. Alcohol, Drugs, and Smoking- Alcoholic beverages and drugs are not permitted on camp property. Smoking is prohibited in all camp buildings and on the grounds unless the Executive Director or the Program Director have given prior permission, and then smoking is not permitted around areas of high use by children. If alcohol is found on camp, your group will be charged an amount determined by the Executive Director.

19.

Pets- Pets are not permitted on camp property due to conflict with domestic camp and wildlife animals.

20. Fire Building- Guests of YCamp may only build campfires in designated area. The areas include fire rings specific for group use Page 5 of 6 Page 111 of 314

as well as special program areas. Participants/guests are responsible for building the fire and YCamp provides firewood. All groups/group leaders must notify a program director if building a fire. The group is responsible for putting out the fire when done with use; before all group members fall asleep. Participants must not put or use any inappropriate items to light the fire and/or throw into the fire.

21.

Lost Items- Des Moines YMCA Camp assumes no responsibility for personal items lost, stolen or damaged during your retreat. This includes but is not limited to vehicles, personal sports items and electronics.

22. Termination- In signing this contract you will be held liable for the guaranteed number at the listed price in this contract upon any time of cancellation. Your group or some of the campers will be asked to leave the premises if there is inappropriate behavior, not following the YMCA four core character values of Caring, Honesty, Respect, and Responsibility and not following YCamp expectations listed in this contract. If you group is asked to leave the premises you will still be held liable to pay for the guaranteed number at the prices listed in the Service Agreement. The Group will not be charged in the event that this Agreement is cancelled by the Y Camp or due to causes beyond the Group's reasonable control, such as weather, emergencies, or other conditions. 23. Both parties agree to comply with all federal, state, and local laws and reulations and School District policies and rules, as applicable to the performance of their obligations under this Agreement, specifically including but not limited to, prohibitions regarding discrimination, harassment and bullying, smoking, and sex offenders. The parties agree to cooperate as needed to assure that all responsibilities are met. The safety of students shall be observed at all times. Please enclose the following when returning contract back to camp: 1. A schedule of your camp activities 2. A list of any special dietary needs or requests that your group may require 3. A certificate liability insurance naming the YMCA of Greater Des Moines as an additional insured. 4. This contract signed and dated, as well as the Service Agreement 5. Deposit amount stated on the Service Agreement I/we have read this Summary of Agreement and agree to the responsibilities and guidelines listed. Signature/By:______________________________________________________ Date:_________________

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EQUIPMENT USE AGREEMENT THIS EQUIPMENT USE AGREEMENT (“Agreement”) is made and entered into by the West Des Moines Community School District, an Iowa public school corporation (“School District”) and Tiger Select Football, LLC, an Iowa limited liability company (“User”). WHEREAS, the School District is the owner of various equipment in connection with its junior high school football program, including certain football shoulder pads and football pants with pads; WHEREAS, the School District is willing to share the use of said football shoulder pads and football pants with pads when they are not being used by the School District; and WHEREAS, User desires to use said football shoulder pads for its youth football programs. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the School District and User agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement shall begin on August 11th, 2014, and shall end on December 1st, 2014, unless earlier terminated as provided by this Agreement. 2. USE OF EQUIPMENT. The School District agrees to provide approximately forty (40) of the School District’s football shoulder pads to User for use by eighth grade students during the term of this Agreement. Provided, however, that students are also participating in the School District’s junior high school football program. User shall assign the students the shoulder pads and allow them to use such shoulder pads when they are participating in the School District’s junior high school football program, at no charge to the students. The School District also agrees to provide approximately eighty (80) of the School District’s football shoulder pads to User for use by seventh grade students during the term of this Agreement. User agrees to use the football shoulder pads for eighth grade students only for purposes in connection with User’s football program for eighth grade students and for the School District’s junior high school football program. User agrees that its use shall not interfere with School District activities. User agrees to use the football shoulder pads for seventh grade students only for purposes in connection with User’s football program for seventh grade students. User agrees to comply with all federal, state, and local laws and regulations and School District policies and rules applicable under this Agreement. All staffing, operations, and other aspects of User’s program are the sole responsibility of User. 3. RENT. For use of the football shoulder pads and football pants with pads provided pursuant to this Agreement, User agrees to pay to the School District the sum of six hundred Dollars ($600) as rent, payable on the first day of this Agreement period for the term of this Agreement.

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4. POSSESSION AND CONDITION. User agrees to accept the football shoulder pads provided pursuant to this Agreement as is and in their existing condition. The School District makes no warranties to User, expressed or implied, as to the condition or use of the football shoulder pads. User agrees that it will exercise reasonable care to prevent the football shoulder pads from being damaged or lost. User will be responsible for any damage to or loss of any football shoulder pants. At the expiration or termination of this Agreement, User will deliver possession of the football shoulder pads to the School District. User will return the football shoulder pads to the School District in the same condition that they were in at the beginning of this Agreement, reasonable wear and tear excepted. The obligations in this section shall survive expiration or termination of this Agreement. 5. INDEMNIFICATION. User agrees to defend, indemnify, and hold harmless the School District and the School District’s directors, officers, employees, and agents from and against any and all claims, liability, damages, loss, and expenses (including reasonable attorney fees) arising out any action or omission of User or the use of the football shoulder pads provided pursuant to this Agreement. In the event that it shall become necessary for either party to institute legal proceedings against the other party for recovery of any amounts due and owing under the Agreement, it is expressly agreed that the prevailing party in any such action shall be entitled to recover from the non-prevailing party all costs related to such collection, including reasonable attorney fees and all expert witness fees incurred during pre-suit collection attempts, suit, and post judgment, appeal, or settlement collection. The obligations in this section shall survive expiration or termination of this Agreement. 6. INSURANCE. User shall carry comprehensive general liability insurance for protection from any liability arising out of any accident or other occurrence causing any injury and/or damage to any person and/or property. The liability policy shall have a limit of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. The School District shall be named as an additional insured on User’s liability insurance policy. Such policy shall be issued by an insurance company and in a form satisfactory to the School District and shall provide for at least thirty (30) days’ notice to the School District before modification or cancellation. User shall present proof of such insurance to the School District. 7. NOTICES. All notices given under this Agreement shall be in writing, made by certified mail or personal delivery to the parties hereto, at the following addresses: School District: West Des Moines Community School District Attn: Zac Sinram 3550 Mills Civic Parkway West Des Moines, Iowa 50265

User: Tiger Select Football, LLC Attn: Mike Thomas 2104 Crown Flair Drive West Des Moines, Iowa 50265

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The date of such notices will be deemed to be the date on which the notice is delivered, in the case of personal delivery, or the date on which the notice is delivered or attempted to be delivered as shown on the certified mail receipt, in the case of certified mail delivery. 8. TERMINATION. This Agreement may be terminated by either party at any time, with or without cause, upon ten (10) days’ written notice to the other party. This Agreement may also be terminated at any time upon mutual agreement of the parties. Any rent prepaid by User will be prorated based on the effective date of termination and unearned amounts will be returned to User. 9. ASSIGNMENT; BINDING. Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 10. STATUS OF THE PARTIES. It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a contractual relationship. In no event shall a party be liable for the debts or obligations of another party. 11. GOVERNING FORUM AND LAW. The parties consent to the jurisdiction of the Polk County, Iowa District Court for all matters relating to this Agreement and agree that this Agreement shall be governed by the laws of the State of Iowa. 12. ENTIRE AGREEMENT. This Agreement constitutes the complete and entire agreement between the parties with respect to the subject matter hereof. None of the terms or conditions of this Agreement shall be in any manner modified except by a written instrument duly signed by the parties. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, then such provision shall be deemed null and void, but without invalidating the remaining provisions hereof. IN WITNESS WHEREOF, the parties have duly approved and executed this Agreement on the dates indicated below. WEST DES MOINES COMMUNITY SCHOOL DISTRICT

TIGER SELECT FOOTBALL, LLC

By:______________________________ ________________, Board President

By:____________________________ _______________, Director

Date:__________________________

Date:_______________________

01034959-1\11332-101\

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CHAPTER 28E AGREEMENT Providing for the Joint Exercise of Powers to Provide a Teen Center at the Former Rex Mathes School

THIS AGREEMENT is made and entered into this 11th day of August, 2014, by and between the West Des Moines Community School District (“District”) and, the City of West Des Moines, Iowa (“City”). WHEREAS, this Agreement is being entered into by the parties pursuant to the provisions of Chapter 28E of the Iowa Code (2013); and WHEREAS, the parties jointly share in the responsibility of providing a teen center at the former Rex Mathes Elementary School at 1401 Vine Street; and WHEREAS, the parties have jointly determined that it is of mutual benefit to the citizens of the City and the District that the Rex Mathes Elementary School be utilized for a Teen Center; and WHEREAS, the intent of this Agreement is to identify the separate and joint responsibilities of the parties with respect to said project. NOW, THEREFORE, in consideration of the premises, the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged by the parties, the District and the City, hereby agree as follows:

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DIVISION I PROVISIONS RELATING TO THE JOINT EXERCISE OF POWERS PURSUANT TO CHAPTER 28E OF THE IOWA CODE 1.

Pursuant to Chapter 28E of the Iowa Code (2013), the parties hereby

acknowledge that the purpose of this 28E Agreement is to facilitate the joint exercise of the parties’ respective powers to develop a Teen Center at the former Rex Mathes Elementary School located at 1401 Vine Street (“Facility”). 2.

Pursuant to this Agreement, the Director of Parks and Recreation for the

City of West Des Moines (“Director”) shall serve as administrator of this Agreement for the City and the Director of Community Education for the West Des Moines Community School District (“CE Director”) shall serve as administrator of this Agreement for the District pursuant to Section 28E.6 of the Iowa Code. 3.

This Agreement shall become binding upon the parties upon approval by

the West Des Moines School Board and the City Council of West Des Moines and execution by the Board Chair and Mayor of the aforementioned agencies and recordation of this Agreement with the Iowa Secretary of State pursuant to Section 28E.8 of the Iowa Code. 4.

This 28E Agreement shall not create nor shall it establish a separate legal

or administrative entity. No joint budget will be established or maintained for the purposes of carrying out this Agreement. It is not contemplated by the parties that either party will acquire, hold or dispose of real or personal property as part of this joint undertaking. 5.

This Agreement shall expire on July 31, 2015. At the option of both

parties, this agreement may be extended for an additional term. Any extension of this agreement shall be in writing and executed by the parties. The extension may include modifications to the original terms of this agreement, if mutually agreed to by the City and the District.

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DIVISION II ADMINISTRATION AND FUNDING OF THE REX MATHES TEEN CENTER 1.

City Responsibilities. The City agrees to provide the following services and

funding: a.

Program Services. The City shall provide staff supervision and

program activities to 7th and 8th graders that could include but not be limited to: basketball, volleyball, arts and crafts, club events, video games, billiards, and weekly off site trips. These activities would take place in the spaces defined in Exhibit A and within the following hours of operation: Mon./Tues./Thurs./Fri./

2:35pm – 6:00pm

Wednesdays

1:50pm – 6:00pm

*staff access for Teen Center staff will begin at 1:00 Wednesdays and 2:00pm other weekdays. The City would also have access to spaces defined in Exhibit A during school breaks for additional programming opportunities during the school year as mutually agreed upon by the parties. During the summer months (June – August) the City has access to spaces defined in Exhibit A from 8:00am until 4:00pm weekdays. The teen center will be open and ready to operate on the above stated schedule starting the first day of the school year. Services provided in accordance with this Agreement would end on or about the last day of the school year. The level of service shall be dependent on the budgeted funds available and the ability to secure additional funding through grants and donations. If there are not sufficient funds to operate the Teen Center at this level, the hours and or days of operation shall be reduced in accordance with available revenues. Additional/adjusted hours for teen center operation and events may be negotiated and scheduled with the Community Education Facility Use Department. The Facility Use Department and West Des Moines Parks and Recreation will work together to negotiate usage for the mutual benefit for both teen center and community

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usage. The City requests an advance notice of at least 24 hours for any scheduled District or non-District use that will occur during regular Teen Center hours. b.

Custodial Assistance. The City and District shall share the costs of

custodial services as follows: The City will be responsible for thirty (30) percent of the cost of custodial services for the Facility during the term of this Agreement. The District will be responsible for seventy (70) percent of the cost of custodial services for the Facility during the term of this Agreement. The city staff will also provide basic custodial services as needed.

2.

District Responsibilities. The District agrees to provide the following services: a.

Facility Access. The District agrees to provide access to the designated

areas of the Facility, as outlined in Exhibit A, for the days, times and purposes outlined in Division II, Section 1(a) of this Agreement. The District agrees to provide City staff access to the Facility outside regular operating hours of the Teen Center for additional programming needs as mutually agreed upon by the parties. However, this access must not conflict with other district-scheduled events or programs. b.

Energy Costs. The District shall cover the base line cost of the utilities

(gas, electric and water) for the Facility. Using energy costs and usage levels from the 2005-06 school year as a baseline, any increase in the utilities due to increased usage during the term of this Agreement shall be shared by the City and District as follows: The City will be responsible for thirty (30) percent of the energy costs for the Facility during the term of this Agreement. The District will be responsible for seventy (70) percent of the energy costs for the Facility during the term of this Agreement. The District will invoice the City for its share of the energy costs on a monthly basis and City will provide reimbursement within thirty (30) days of invoice. c.

Supplemental Maintenance. The District shall also provide supplemental

custodial services for the Facility in addition to the basic custodial assistance provided by the City for all common areas within the building. These supplemental custodial services shall include, but are not limited to the following: auto-scrub hard surface areas, annual deep cleaning, providing basic cleaning products and supplies and all paper goods. The District will not be responsible for any remodeling, renovation or other construction work

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in the Facility during the term of this Agreement. Facility changes or improvements initiated by the City must be approved in advance by the District and be in compliance with applicable laws. These include, but are not limited to painting, staining, addition or removal of semi-permanent materials including but not limited to carpets, bulletin boards and white boards. d.

Program Services. The District shall provide the City funding of nine

thousand five hundred dollars ($9,500.00) for the City to hire and manage one Teen Center staff position each year this Agreement remains in effect.

3.

Program Costs/Allocation Expectations by either party for costs and services beyond those specified above

will be agreed upon in writing by both parties before costs are incurred.

4.

Program Evaluation. Use of the Facility by the Teen Center will be evaluated by both the City and

District at joint meetings in early January 2015, and June 2015, to ensure that the needs of the Teen Center are being met by the Facility space and whether any unused space in the Facility could be utilized by other agreed upon community groups, so long as such use by others does not interfere with the Teen Center’s then existing use of the Facility.

DIVISION III GENERAL PROVISIONS 1.

Notices and Invoices. All notices or invoices which the parties are authorized or required to give

pursuant to this Agreement shall be mailed to the individuals and at the addresses identified below:

To the West Des Moines School District: Director of Community Education West Des Moines Community School District 3550 Mills Civic Parkway West Des Moines, IA 50265

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To the City of West Des Moines: Director of Parks and Recreation City of West Des Moines P.O. Box 65320 West Des Moines, IA 50265

2.

Termination. a.

With Cause. In the event that any party determines that another party has

defaulted in the performance of its obligations hereunder, the non-defaulting party may declare that a default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing and mailed to the defaulting party at the address provided in Division III, Section 1 of this Agreement and shall specify the nature of the default and the provisions of the Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have thirty (30) days from the date of its receipt by U. S. Mail of the notice of default to correct the default. If at the end of said thirty (30) day period the default has not been corrected, the non-defaulting party may thereupon terminate the Agreement. b.

Without Cause. In addition to the With Cause termination outlined in

Division III, Section (2)(a) above, either party may terminate this Agreement without cause and for convenience upon sixty (60) days written notice to the other party. 3.

Dispute Resolution. The parties agree that any and all unresolved disputes which

arise among the parties of this Agreement shall be governed by the laws of the State of Iowa and shall be brought in either the Iowa District Court for Polk County or the Iowa District Court for the Southern District of Iowa. 4.

Indemnification To the extent authorized by law, each party agrees to indemnify

and to hold the other party, its elected officers, agents, employees and successors and assigns, harmless from and against all claims, demands, actions and/or causes of actions, judgments, settlements, or other costs, including reasonable attorney’s fees, which the party, its successors and assigns, may incur or sustain a) by reason of the indemnifying party’s breach of this Agreement or failure to legally or timely meet the responsibilities imposed herein, or b) by reason of the torts of the indemnifying party.

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5.

Insurance a.

Liability Insurance.

The District shall maintain liability and contractual

liability insurance in an amount not less than the limits of liability maintained by the District to insure risks and liabilities which may occur while the Facility is being used for an activity supported, in part, by the District. The City shall maintain liability and contractual liability insurance in amount not less than one million dollars ($1,000,000.00). b.

Property Insurance.

Each party shall be responsible for their own

property connected with this Agreement and adequately insuring same. The District shall maintain property insurance on the District’s Facility and on its existing personal property already located at the Facility. The City shall be responsible for any improvements/betterments to the Facility and for any inventory or equipment owned by the City. c.

Waiver of Subrogation. Each of the parties hereby releases the other from any claim for recovery

for any loss or damage to any of its property or for any liability which is insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance. It is further agreed that this waiver applies only when permitted by the applicable policy of insurance.

6.

Miscellaneous a.

If any section, provision or part of this Agreement is declared to be invalid

or unconstitutional by a court of competent jurisdiction or administrative tribunal, such findings shall not affect the validity or enforceability of this Agreement as a whole. b.

This Agreement may be executed in two counterparts, each of which so

executed shall be deemed to be an original, but all of which together shall constitute the same instrument.

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c.

This Agreement, including all exhibits attached hereto and incorporated

herein by reference, contains the entire agreement between the parties and all prior negotiations and agreements are merged herein. d.

This Agreement may not be amended, modified or canceled except by a

mutual written agreement executed by both parties. e.

The rights and liabilities of the City and District under this Agreement

may not be assigned without the prior written consent of the other. f.

This Agreement shall be binding upon the parties hereto and their

respective successors and assigns. g.

No failure of either party to insist upon the strict performance of any

covenant, agreement, term or condition of this Agreement or to exercise any right, term or remedy available upon a breach thereof shall constitute a waiver of any such breach or such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Agreement but each and every covenant, agreement, term or condition of this Agreement shall continue in full force and effect with respect to any other than existing or subsequent breach thereof. h.

It is expressly understood and agreed by the parties that nothing contained

in this Agreement shall be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a cooperative contractual relationship. In no event shall either party be liable for the debts or obligations of the other party. i.

Anything in this Agreement to the contrary notwithstanding, each party

shall comply with all applicable laws and regulations, including, but not limited to, prohibitions on smoking in the buildings and on the grounds of the buildings pursuant to the Iowa Smoke Free Air Act and restrictions on sex offenders pursuant to state law. j.

Anything in this Agreement to the contrary notwithstanding, neither party

shall be liable to the other for failure to comply with any obligation under this Agreement if prevented from doing so by reason of a contingency beyond the reasonable control of the parties.

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k.

It is recognized that the nature of this Agreement involves interaction with

or exposure to students, and the parties agree that the safety of such students shall be observed at all times.

THE PARTIES HERETO have duly executed this instrument as of the day and year first above written.

WEST DES MOINES COMMUNITY SCHOOL DISTRICT

By _________________________________ Elizabeth Brennan, School Board President Attest:

________________________________ Elaine Watkins-Miller, Board Secretary

STATE OF IOWA

) ) ss:

COUNTY OF POLK

)

On this _______ day of __________________, 2014, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Elizabeth Brennan and Elaine Watkins-Miller, to me personally known, and, who, being by me duly sworn, did say that they are, respectively the Board President and Secretary of the WEST DES MOINES SCHOOL COMMUNITY SCHOOL DISTRICT; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its School Board, as contained in the Resolution adopted by the School Board, on the ________ day of __________________, 2014, and that Elizabeth Brennan and Elaine Watkins-Miller acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. __________________________________ Notary Public in and for the State of Iowa

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CITY OF WEST DES MOINES, IOWA

By ___________________________ Steven K. Gaer, Mayor

Attest:

______________________________ Jody E. Smith, CMFA, MMC City Clerk

STATE OF IOWA

) ) ss:

COUNTY OF POLK

)

On this _______ day of __________________, 2014, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Steven K. Gaer and Jody E. Smith, to me personally known, and, who, being by me duly sworn, did say that they are, Mayor and City Clerk, respectively of the CITY OF WEST DES MOINES ; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in the Resolution adopted by the City Council, under Roll Call No. ____________ of the City Council on the ________ day of __________________, 2014, and that Steven K. Gaer and Jody E. Smith acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. _____________________________ Notary Public in and for the State of Iowa

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Exhibit A Rooms and Storage

The City shall have use of the Rex Mathes Kindergarten Room, the West First Grade Classroom, the Multipurpose Room and kitchen, and office area just off the Kindergarten Room. If the District wishes to use or schedule the Kindergarten Room or the West First Grade Classroom, the District shall contact the City prior to use. The District may enter these areas for purposes of repair and maintenance, as necessary, and for emergencies at any time. The City shall use these areas for storage in connection with the Teen Center.

The City shall also have use of the auditorium, gym, and new classroom, when available. The City shall use these areas for operations, programs, and activities in connection with the Teen Center.

The City agrees to accept these premises in their present condition and configuration. The City shall act as a reasonably prudent person to keep the premises clean and free and clear of all obstructions and nuisances in a reasonable and proper manner. The City shall not permit the premises to be damaged or depreciated in value by any act of the City or its employees or agents, or the students in the program.

This usage may be altered by mutual agreement of the City and the District in writing following the evaluation meeting in January and/or June 2015.

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COOPERATIVE 28E AGREEMENT FOR STATEWIDE VOLUNTARY PRESCHOOL PROGRAM FOR FOUR-YEAR-OLD CHILDREN (Phoenix Children’s Academy d/b/a Apple Tree Children’s Centers, a Pennsylvania corporation, a child care center, in collaboration with West Des Moines Community School District) THIS COOPERATIVE 28E AGREEMENT (“Agreement”), dated as of the 11th day of August, 2014, is by and between the West Des Moines Community School District, an Iowa public school corporation with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “School District”) and Bradford Child Care Services d/b/a Apple Tree Children’s Centers, a Pennsylvania corporation, a child care center with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “Center”). RECITALS: The parties desire to provide high quality preschool programming at the Center’s site in West Des Moines in accordance with all requirements of the Statewide Voluntary Preschool Program as set forth in Iowa Code Chapter 256C (the “Act”) and in accordance with the rules of the Iowa Department of Education and the approved application of the School District (the “Program”). Iowa Code Chapter 28E authorizes public school corporations and public or private agencies to enter into agreements for cooperative actions. Such an agreement is required for the cooperative provision of preschool programs under the Act. Therefore, in consideration of the mutual promises contained in this Agreement, the School District and the Center agree as follows: 1.

Scope of Services and Duties. 1.1 The Center. In accordance with the Act and the rules of the Iowa Department of Education, the Center agrees to provide (a) the necessary sites, buildings, playgrounds, utilities, capital improvements, and furniture and equipment for the operation of the Program which meet all state and local requirements at 5859 Ashworth Rd., West Des Moines, Iowa or at such other location as agreed to by the School District; (b) custodial, maintenance, and repair services for the sites and equipment, including trash and snow removal; (c) healthy meals and/or snacks and beverages for the children in the Program; (d) instruction, instructional materials, and activities that are secular, neutral, nonreligious, and non-ideological in nature; (e) a qualified teacher(s) meeting licensure requirements of the Act and teacher associates to keep the ratio at no more than ten (10) children per adult at all times; and (f) personnel to answer the telephone, attend to health and other emergencies, and to keep accurate records. The Center shall also employ and appoint a director who is accessible to the School District who is to be assigned to the Program and who shall collaborate with the School District and other Program providers. The director or such other designated on-site supervisor shall be on site during Program sessions. Program sessions shall consist of a 1 Page 127 of 314

minimum of ten hours per week of instruction (excluding recess), to be delivered Mondays through Fridays within the hours of 8:00 a.m. to 4:00 p.m. (exclusive of normal holidays and in-service days), with classes beginning by September 2, 2014 and ending within ten (10) calendar days of May 29, 2015. Specific dates and times of Program sessions will be agreed upon by the parties. The Center shall be responsible for insuring that it has obtained and maintains all necessary licenses and permits and is operated in compliance with all state and local laws and regulations. The Center shall maintain accreditation with the National Association for the Education of Young Children Program, and adopt the related program standards and criteria and any other required preschool program standards, and provide proof of such accreditation and compliance with same. 1.2 School District. The School District agrees to provide (a) instructional materials at its discretion, which materials shall remain the property of the School District and shall be properly cared for at the Program site; (b) transportation at its discretion to and from the Program site for children as it determines is necessary and convenient and which does not entail additional routes, subject to adequate funding for same; and (c) assistance with professional training and development for the teacher(s) and teacher associates as mutually agreed to by the director and the School District at its discretion and/or as required by law. 1.3 Enrollment. Students seeking to enroll in the Program shall be subject to the enrollment process of the School District and all School District policies and rules.  Enrollment priority will be given to students residing in the School District's boundaries. The Preschool agrees that the number of students residing outside of the School District’s boundaries that it enrolls in the Program will not exceed twenty-five percent (25%) of the total number of students that it enrolls in the Program without prior approval from the School District. The Center agrees to enroll children in the Program, and in no case shall there be more than twenty (20) children per classroom. If a student is dropped from the Program, the Center agrees to coordinate with the School District to place a new student in the Program. The Center agrees not to discriminate against any enrollee on the basis of race, color, religion, creed, national origin, disability, sex, sexual orientation, gender identity, or familial status. The Center also agrees to comply with the School District’s policy and rules on preventing and eradicating bullying or harassment of students. 1.4 Personnel. The staff and personnel necessary for the operation of the Program shall be recruited, retained or employed, compensated, trained, evaluated, supervised, disciplined, and discharged by the Center. All employees shall have criminal background checks, and child and dependent adult abuse and sexual registry background checks in accordance with School District procedures prior to performing services in the Program. The Center agrees to make such records for its employees available to the School District for inspection upon request. The Center and the School District agree to cooperate with each other in the investigation of any allegation of physical or sexual abuse by an employee of a child attending the Program. The Center agrees not to discriminate on the basis of race, color, religion, creed, national origin, age, disability, sex, sexual orientation, gender identity, political party affiliation, 2 Page 128 of 314

or marital or parental status in the hiring or employment of personnel in connection with this Agreement. Any School District employees providing services under this Agreement shall be required to abide by reasonable rules and regulations of the Center relating to use of the Center’s premises, including the wearing of identification badges as provided by the Center. All services shall be performed by employees or independent contractors who are experienced and skilled in their professions and in accordance with the standards of their professions. The parties agree that the safety of students shall be observed at all times. 2.

Recordkeeping Requirements and Payments. 2.1 Recordkeeping. The Center shall keep records of all enrolled children and their dates of attendance and such other data as required by the Act and the regulations of the Department of Education and as required by the School District, including but not limited to assessment data. The Center shall submit the list of enrollees and dates of enrollment to the School District by the fifth working day of each month, starting in September 2014. The Center shall submit assessment and other data as reasonably requested. 2.2 Payments. The preschool funding level as determined by the State of Iowa for the 2014-2015 school year is $3,183.00 per qualified child. In accordance with Iowa law, the School District will retain five percent (5%) of said amount for administrative costs. The remaining ninety-five percent (95%) of said amount will flow to the Preschool/Center as a combination of five percent (5%) in-kind payment and ninety percent (90%) in-cash payment, provided that the School District receives sufficient sums from the State of Iowa to make the payments and the requirements outlined herein are met. The School District will make the in-kind payment in the form of staff development, GOLD assessments, curriculum, printing, and technical assistance that the School District provides to the Center. The School District will make the in-cash payment to the Center as follows: (i) immediately following execution of this Agreement, the Center will complete a budget worksheet prepared by the School District setting forth all proposed, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Center use no more than five percent (5%) of the preschool funding level per qualified child for administrative costs); (ii) the Center will submit the completed budget worksheet to the School District along with a list of qualified students currently enrolled in the Program; (iii) within thirty (30) days of the School District’s approval of the documents submitted in accordance with items (i)-(ii), the School District will make payment to the Center in the amount $2,000.00 per qualified child; (iv) after May 1, but on or before May 31, the Center will complete a worksheet prepared by the School District setting forth all actual, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Preschool/Center use no more than five percent (5%) of the preschool funding level per qualified for administrative costs); (v) the Center will submit the completed worksheet to the School District (vi) based on the 3 Page 129 of 314

documents submitted in accordance with items (iv)-(v), and those previously submitted in accordance with items (i)-(ii), the Center and the School District will reconcile any discrepancies in the amount already paid by the School District under the proposed budget and the actual amount incurred by the Center for allowable and documented Program expenses; (vii) provided that the documents submitted in accordance with items (i)-(ii) and (iv)-(v) provide a basis for further payment, and the School District approves thereof, the School District will make final payment to the Center up to the amount of the remaining $864.70 per qualified child, such payment to be made no later than the expiration of the term of this Agreement; and (viii) if it is determined at any time that there is an overpayment, the Center will promptly repay the School District in the amount of such overpayment. The Center will maintain documentation of all Program expenses in accordance with required and accepted accounting practices and the School District reserves the right to audit the financial records of the Center as they relate to the operation of the Program. The Center agrees not to charge tuition for the District instructional portion of the day for students in the Program, and the Center will offer prorated tuition to a student’s family for a student participating in wrap-around child care. The Center will not use any such tuition payments to supplant the cost of the Program. To the extent permitted by law, the Center may collect a registration fee of up to seventy-five dollars ($75) per student enrolled in the Program from the student’s family. 2.3 Confidentiality. The Center agrees to comply with the School District’s policy and regulations on confidentiality of student information and shall instruct and demand such confidentiality by its employees. 3.

Insurance and Indemnification. 3.1 Property Insurance. The Center shall insure the site and its contents. In the event of destruction or damage such that the Center is not able to perform its services under this Agreement, the School District may elect to terminate this Agreement in accordance with subsection 4.2 of this Agreement. 3.2 Liability Insurance. The Center and the School District shall carry Commercial General Liability insurance for protection of each, respectively, from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property in or about the Program site or arising from the performance of their obligations under this Agreement due directly or indirectly to the actions of the insured. Liability policies shall have limits of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) annual aggregate, which limit can be met with a combination of primary and umbrella policies. The policies shall include Professional Liability insurance and shall also cover the parties in the supervision of children in the Program, including coverage for claims of sexual abuse and corporal punishment. Each party shall be solely responsible for its own retentions, co-insurance, and/or insurance deductibles. 3.3 Workers’ Compensation/Employer’s Liability Insurance. The Center and the School District shall each be responsible for maintaining Workers’ Compensation 4 Page 130 of 314

insurance for its employees as statutorily required by the State of Iowa and Employer’s Liability insurance. 3.4 Other Insurance Provisions. All required insurance shall be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. Each party shall be furnished with a certificate of insurance required under subsections 3.1, 3.2, and/or 3.3 of this Agreement upon request. Such policies shall not be modified or cancelled except upon at least thirty (30) calendar days’ prior written notice to the other party to this Agreement. It is specifically agreed that the types and amounts of insurance specified above shall not limit or otherwise affect any party’s obligation to indemnify and hold the other party harmless as provided by the indemnification provisions of this Agreement. The failure of any party to maintain the insurance coverage and limits required by this Agreement shall be considered a material breach of this Agreement. However, the failure of any party to declare another party to be in material breach shall not be deemed a waiver by the party of the right to claim a material breach for a subsequent failure to maintain the required coverage or limits. 3.5 School District’s Indemnification of the Center. To the extent permitted by law, the School District will indemnify and hold harmless the Center from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the School District’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.5 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.6 Center’s Indemnification of the School District. The Center will indemnify and hold harmless the School District from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the Center’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.6 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.7 Waiver of Subrogation Rights. The Center and the School District each release the other from any claim for recovery for any loss or damages to any of its property which is insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance. 3.8 Claims. Each party shall notify the other party of any claim or any potential claim for bodily injury or property damage to another arising out of the operation of the Program as soon as practical following knowledge of the claim or potential claim. 4.

Term and Termination. 4.1 Term. The term of this Agreement shall commence on the 1st day of September, 2014 and terminate on the 30th day of June, 2015. 5 Page 131 of 314

4.2 Cause Termination. Either party may terminate this Agreement upon written notice to the other party if the other party fails to comply with any of the provisions of this Agreement, provided written notice of the breach shall be given to the breaching party and the breaching party shall have at least ten (10) days to cure the breach. Either party may terminate this Agreement immediately upon written notice to the other party if the other party becomes the subject of a proceeding under state or federal law for relief of debtors, or if an assignment is made for the benefit of creditors. The School District may terminate this Agreement immediately if the Center loses its license or if the School District does not receive funding for this Agreement from the State of Iowa. 4.3 No Cause Termination. Either party may terminate this Agreement prior to the expiration of the term, with or without cause, and without penalty, upon thirty (30) days’ written notice to the other party. 4.4 Final Payments. Upon termination of this Agreement, the School District will pay for all earned fees for services completed up to the effective date of termination, and the Center shall return any unearned amounts paid in advance by the School District. The Center shall return all School District property and shall submit all required reports and other information. 4.5 Property. All equipment, furniture, capital improvements, and supplies purchased by the Center shall be and remain the property of the Center. All equipment and supplies purchased by the School District, if any, shall be and remain the property of the School District. Upon termination of this Agreement, the Center and the School District shall have sole custody and use of their respective property. It is not contemplated that any real property will be acquired or held for the purpose of carrying out the terms of this Agreement. 5.

Assignment and Subcontracting; Binding. Neither party may assign this Agreement or subcontract any of the duties in whole or in part, without the written agreement of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. The parties agree that janitorial services, food services, or transportation services may be provided by independent contractors.

6.

Status of the Parties. It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a cooperative contractual relationship. In no event shall either party be liable for the debts or obligations of the other party.

7.

No Separate Entity or Joint Board. No separate legal or administrative entity or joint board shall be established to carry out the purposes of this Agreement. The Superintendent of the School District shall be designated as the administrator of the Agreement for purposes of Iowa Code Chapter 28E.

8.

Miscellaneous. 6 Page 132 of 314

8.1 Headings. The headings of this Agreement are inserted for convenience of reference only and in no way describe or limit the scope or intent of this Agreement or any of the provisions hereof. 8.2 Severability. In case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 8.3 Notices. All notices or other communications to be given under this Agreement shall be deemed given when either personally delivered or mailed by first class mail, postage prepaid, with proper address to the following addresses until otherwise notified: TO CENTER:

Apple Tree Children’s Center Attn: Kristen Hopton, Regional Manager 5859 Ashworth Rd. West Des Moines, Iowa 50265

TO SCHOOL DISTRICT: West Des Moines Community School District Attn: Dr. Lisa Remy 3550 Mills Civic Parkway West Des Moines, Iowa 50265 8.4 Law. The parties consent to the jurisdiction of the Polk County, Iowa District Court for all matters relating to this Agreement and agree that this Agreement shall be governed by Iowa law. Anything in this Agreement to the contrary notwithstanding, the parties shall refrain from any action which would violate any law, rule, policy, or regulation of any governmental body or agency having jurisdiction over this Agreement. The parties agree to cooperate as needed to assure that all required services and responsibilities are provided and that the Program is operated in compliance with applicable law. 8.5 Entire Agreement. This Agreement supersedes all previous agreements, contracts, addenda, amendments, arrangements, and understandings, and constitutes the entire agreement between the parties. No oral statements or prior written material not specifically incorporated herein shall be of any force and effect and no change in, additions to, or deletions from this Agreement shall be valid unless agreed to in writing by the parties. 8.6 Waiver. The failure of either of the parties to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of this Agreement. 8.7 Force Majeure. Notwithstanding anything contained in this Agreement to the contrary, neither party shall be liable to the other for failure to comply with any obligation under this Agreement (nor shall any charges or payments be made in respect thereof) if prevented from doing so by reason of contingencies beyond the reasonable 7 Page 133 of 314

control of the parties; and all requirements as to notice and other performance required hereunder within a specified period shall be automatically extended to accommodate the period of pendency of any such contingency which shall interfere with such performance. 8.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written.

WEST DES MOINES

PHOENIX CHILDREN’S ACADEMY COMMUNITY SCHOOL DISTRICT D/B/A APPLE TREE CHILDREN’S CENTERS

By: Elizabeth Brennan Title: Board President

By: Title:

__________________________

____________________________

Attest: By: Elaine Watkins-Miller Title: Board Secretary __________________________ [661953]

8 Page 134 of 314

COOPERATIVE 28E AGREEMENT FOR STATEWIDE VOLUNTARY PRESCHOOL PROGRAM FOR FOUR-YEAR-OLD CHILDREN (Phoenix Children’s Academy d/b/a Apple Tree Children’s Centers, a Pennsylvania corporation, a child care center, in collaboration with West Des Moines Community School District) THIS COOPERATIVE 28E AGREEMENT (“Agreement”), dated as of the 11th day of August, 2014, is by and between the West Des Moines Community School District, an Iowa public school corporation with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “School District”) and Bradford Child Care Services d/b/a Apple Tree Children’s Centers, a Pennsylvania corporation, a child care center with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “Center”). RECITALS: The parties desire to provide high quality preschool programming at the Center’s site in West Des Moines in accordance with all requirements of the Statewide Voluntary Preschool Program as set forth in Iowa Code Chapter 256C (the “Act”) and in accordance with the rules of the Iowa Department of Education and the approved application of the School District (the “Program”). Iowa Code Chapter 28E authorizes public school corporations and public or private agencies to enter into agreements for cooperative actions. Such an agreement is required for the cooperative provision of preschool programs under the Act. Therefore, in consideration of the mutual promises contained in this Agreement, the School District and the Center agree as follows: 1.

Scope of Services and Duties. 1.1 The Center. In accordance with the Act and the rules of the Iowa Department of Education, the Center agrees to provide (a) the necessary sites, buildings, playgrounds, utilities, capital improvements, and furniture and equipment for the operation of the Program which meet all state and local requirements at 1809 Grand Ave., West Des Moines, Iowa or at such other location as agreed to by the School District; (b) custodial, maintenance, and repair services for the sites and equipment, including trash and snow removal; (c) healthy meals and/or snacks and beverages for the children in the Program; (d) instruction, instructional materials, and activities that are secular, neutral, nonreligious, and non-ideological in nature; (e) a qualified teacher(s) meeting licensure requirements of the Act and teacher associates to keep the ratio at no more than ten (10) children per adult at all times; and (f) personnel to answer the telephone, attend to health and other emergencies, and to keep accurate records. The Center shall also employ and appoint a director who is accessible to the School District who is to be assigned to the Program and who shall collaborate with the School District and other Program providers. The director or such other designated on-site supervisor shall be on site during Program sessions. Program sessions shall consist of a 1 Page 135 of 314

minimum of ten hours per week of instruction (excluding recess), to be delivered Mondays through Fridays within the hours of 8:00 a.m. to 4:00 p.m. (exclusive of normal holidays and in-service days), with classes beginning by September 2, 2014 and ending within ten (10) calendar days of May 29, 2015. Specific dates and times of Program sessions will be agreed upon by the parties. The Center shall be responsible for insuring that it has obtained and maintains all necessary licenses and permits and is operated in compliance with all state and local laws and regulations. The Center shall maintain accreditation with the National Association for the Education of Young Children Program, and adopt the related program standards and criteria and any other required preschool program standards, and provide proof of such accreditation and compliance with same. 1.2 School District. The School District agrees to provide (a) instructional materials at its discretion, which materials shall remain the property of the School District and shall be properly cared for at the Program site; (b) transportation at its discretion to and from the Program site for children as it determines is necessary and convenient and which does not entail additional routes, subject to adequate funding for same; and (c) assistance with professional training and development for the teacher(s) and teacher associates as mutually agreed to by the director and the School District at its discretion and/or as required by law. 1.3 Enrollment. Students seeking to enroll in the Program shall be subject to the enrollment process of the School District and all School District policies and rules. Enrollment priority will be given to students residing in the School District's boundaries. The Preschool agrees that the number of students residing outside of the School District’s boundaries that it enrolls in the Program will not exceed twenty-five percent (25%) of the total number of students that it enrolls in the Program without prior approval from the School District. The Center agrees to enroll children in the Program, and in no case shall there be more than twenty (20) children per classroom. If a student is dropped from the Program, the Center agrees to coordinate with the School District to place a new student in the Program. The Center agrees not to discriminate against any enrollee on the basis of race, color, religion, creed, national origin, disability, sex, sexual orientation, gender identity, or familial status. The Center also agrees to comply with the School District’s policy and rules on preventing and eradicating bullying or harassment of students. 1.4 Personnel. The staff and personnel necessary for the operation of the Program shall be recruited, retained or employed, compensated, trained, evaluated, supervised, disciplined, and discharged by the Center. All employees shall have criminal background checks, and child and dependent adult abuse and sexual registry background checks in accordance with School District procedures prior to performing services in the Program. The Center agrees to make such records for its employees available to the School District for inspection upon request. The Center and the School District agree to cooperate with each other in the investigation of any allegation of physical or sexual abuse by an employee of a child attending the Program. The Center agrees not to discriminate on the basis of race, color, religion, creed, national origin, age, disability, sex, sexual orientation, gender identity, political party affiliation, 2 Page 136 of 314

or marital or parental status in the hiring or employment of personnel in connection with this Agreement. Any School District employees providing services under this Agreement shall be required to abide by reasonable rules and regulations of the Center relating to use of the Center’s premises, including the wearing of identification badges as provided by the Center. All services shall be performed by employees or independent contractors who are experienced and skilled in their professions and in accordance with the standards of their professions. The parties agree that the safety of students shall be observed at all times. 2.

Recordkeeping Requirements and Payments. 2.1 Recordkeeping. The Center shall keep records of all enrolled children and their dates of attendance and such other data as required by the Act and the regulations of the Department of Education and as required by the School District, including but not limited to assessment data. The Center shall submit the list of enrollees and dates of enrollment to the School District by the fifth working day of each month, starting in September 2014. The Center shall submit assessment and other data as reasonably requested. 2.2 Payments. The preschool funding level as determined by the State of Iowa for the 2014-2015 school year is $3,183.00 per qualified child. In accordance with Iowa law, the School District will retain five percent (5%) of said amount for administrative costs. The remaining ninety-five percent (95%) of said amount will flow to the Preschool/Center as a combination of five percent (5%) in-kind payment and ninety percent (90%) in-cash payment, provided that the School District receives sufficient sums from the State of Iowa to make the payments and the requirements outlined herein are met. The School District will make the in-kind payment in the form of staff development, GOLD assessments, curriculum, printing, and technical assistance that the School District provides to the Center. The School District will make the in-cash payment to the Center as follows: (i) immediately following execution of this Agreement, the Center will complete a budget worksheet prepared by the School District setting forth all proposed, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Center use no more than five percent (5%) of the preschool funding level per qualified child for administrative costs); (ii) the Center will submit the completed budget worksheet to the School District along with a list of qualified students currently enrolled in the Program; (iii) within thirty (30) days of the School District’s approval of the documents submitted in accordance with items (i)-(ii), the School District will make payment to the Center in the amount of $2,000.00 per qualified child; (iv) after May 1, but on or before May 31, the Center will complete a worksheet prepared by the School District setting forth all actual, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Center use no more than five percent (5%) of the preschool funding level per qualified for administrative costs); (v) the Center will submit the completed worksheet to the School District (vi) based on the documents 3 Page 137 of 314

submitted in accordance with items (iv)-(v), and those previously submitted in accordance with items (i)-(ii), the Center and the School District will reconcile any discrepancies in the amount already paid by the School District under the proposed budget and the actual amount incurred by the Center for allowable and documented Program expenses; (vii) provided that the documents submitted in accordance with items (i)-(ii) and (iv)-(v) provide a basis for further payment, and the School District approves thereof, the School District will make final payment to the Center up to the amount of the remaining $864.70 per qualified child, such payment to be made no later than the expiration of the term of this Agreement; and (viii) if it is determined at any time that there is an overpayment, the Center will promptly repay the School District in the amount of such overpayment. The Center will maintain documentation of all Program expenses in accordance with required and accepted accounting practices and the School District reserves the right to audit the financial records of the Center as they relate to the operation of the Program. The Center agrees not to charge tuition for the District instructional portion of the day for students in the Program, and the Center will offer prorated tuition to a student’s family for a student participating in wrap-around child care. The Center will not use any such tuition payments to supplant the cost of the Program. To the extent permitted by law, the Center may collect a registration fee of up to seventy-five dollars ($75) per student enrolled in the Program from the student’s family. 2.3 Confidentiality. The Center agrees to comply with the School District’s policy and regulations on confidentiality of student information and shall instruct and demand such confidentiality by its employees. 3.

Insurance and Indemnification. 3.1 Property Insurance. The Center shall insure the site and its contents. In the event of destruction or damage such that the Center is not able to perform its services under this Agreement, the School District may elect to terminate this Agreement in accordance with subsection 4.2 of this Agreement. 3.2 Liability Insurance. The Center and the School District shall carry Commercial General Liability insurance for protection of each, respectively, from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property in or about the Program site or arising from the performance of their obligations under this Agreement due directly or indirectly to the actions of the insured. Liability policies shall have limits of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) annual aggregate, which limit can be met with a combination of primary and umbrella policies. The policies shall include Professional Liability insurance and shall also cover the parties in the supervision of children in the Program, including coverage for claims of sexual abuse and corporal punishment. Each party shall be solely responsible for its own retentions, co-insurance, and/or insurance deductibles. 3.3 Workers’ Compensation/Employer’s Liability Insurance. The Center and the School District shall each be responsible for maintaining Workers’ Compensation 4 Page 138 of 314

insurance for its employees as statutorily required by the State of Iowa and Employer’s Liability insurance. 3.4 Other Insurance Provisions. All required insurance shall be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. Each party shall be furnished with a certificate of insurance required under subsections 3.1, 3.2, and/or 3.3 of this Agreement upon request. Such policies shall not be modified or cancelled except upon at least thirty (30) calendar days’ prior written notice to the other party to this Agreement. It is specifically agreed that the types and amounts of insurance specified above shall not limit or otherwise affect any party’s obligation to indemnify and hold the other party harmless as provided by the indemnification provisions of this Agreement. The failure of any party to maintain the insurance coverage and limits required by this Agreement shall be considered a material breach of this Agreement. However, the failure of any party to declare another party to be in material breach shall not be deemed a waiver by the party of the right to claim a material breach for a subsequent failure to maintain the required coverage or limits. 3.5 School District’s Indemnification of the Center. To the extent permitted by law, the School District will indemnify and hold harmless the Center from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the School District’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.5 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.6 Center’s Indemnification of the School District. The Center will indemnify and hold harmless the School District from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the Center’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.6 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.7 Waiver of Subrogation Rights. The Center and the School District each release the other from any claim for recovery for any loss or damages to any of its property which is insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance. 3.8 Claims. Each party shall notify the other party of any claim or any potential claim for bodily injury or property damage to another arising out of the operation of the Program as soon as practical following knowledge of the claim or potential claim. 4.

Term and Termination. 4.1 Term. The term of this Agreement shall commence on the 1st day of September, 2014 and terminate on the 30th day of June, 2015. 5 Page 139 of 314

4.2 Cause Termination. Either party may terminate this Agreement upon written notice to the other party if the other party fails to comply with any of the provisions of this Agreement, provided written notice of the breach shall be given to the breaching party and the breaching party shall have at least ten (10) days to cure the breach. Either party may terminate this Agreement immediately upon written notice to the other party if the other party becomes the subject of a proceeding under state or federal law for relief of debtors, or if an assignment is made for the benefit of creditors. The School District may terminate this Agreement immediately if the Center loses its license or if the School District does not receive funding for this Agreement from the State of Iowa. 4.3 No Cause Termination. Either party may terminate this Agreement prior to the expiration of the term, with or without cause, and without penalty, upon thirty (30) days’ written notice to the other party. 4.4 Final Payments. Upon termination of this Agreement, the School District will pay for all earned fees for services completed up to the effective date of termination, and the Center shall return any unearned amounts paid in advance by the School District. The Center shall return all School District property and shall submit all required reports and other information. 4.5 Property. All equipment, furniture, capital improvements, and supplies purchased by the Center shall be and remain the property of the Center. All equipment and supplies purchased by the School District, if any, shall be and remain the property of the School District. Upon termination of this Agreement, the Center and the School District shall have sole custody and use of their respective property. It is not contemplated that any real property will be acquired or held for the purpose of carrying out the terms of this Agreement. 5.

Assignment and Subcontracting; Binding. Neither party may assign this Agreement or subcontract any of the duties in whole or in part, without the written agreement of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. The parties agree that janitorial services, food services, or transportation services may be provided by independent contractors.

6.

Status of the Parties. It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a cooperative contractual relationship. In no event shall either party be liable for the debts or obligations of the other party.

7.

No Separate Entity or Joint Board. No separate legal or administrative entity or joint board shall be established to carry out the purposes of this Agreement. The Superintendent of the School District shall be designated as the administrator of the Agreement for purposes of Iowa Code Chapter 28E.

8.

Miscellaneous. 6 Page 140 of 314

8.1 Headings. The headings of this Agreement are inserted for convenience of reference only and in no way describe or limit the scope or intent of this Agreement or any of the provisions hereof. 8.2 Severability. In case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 8.3 Notices. All notices or other communications to be given under this Agreement shall be deemed given when either personally delivered or mailed by first class mail, postage prepaid, with proper address to the following addresses until otherwise notified: TO CENTER:

Apple Tree Children’s Center Attn: Kristen Hopton, Regional Manager 1809 Grand Ave. West Des Moines, Iowa 50265

TO SCHOOL DISTRICT: West Des Moines Community School District Attn: Dr. Lisa Remy 3550 Mills Civic Parkway West Des Moines, Iowa 50265 8.4 Law. The parties consent to the jurisdiction of the Polk County, Iowa District Court for all matters relating to this Agreement and agree that this Agreement shall be governed by Iowa law. Anything in this Agreement to the contrary notwithstanding, the parties shall refrain from any action which would violate any law, rule, policy, or regulation of any governmental body or agency having jurisdiction over this Agreement. The parties agree to cooperate as needed to assure that all required services and responsibilities are provided and that the Program is operated in compliance with applicable law. 8.5 Entire Agreement. This Agreement supersedes all previous agreements, contracts, addenda, amendments, arrangements, and understandings, and constitutes the entire agreement between the parties. No oral statements or prior written material not specifically incorporated herein shall be of any force and effect and no change in, additions to, or deletions from this Agreement shall be valid unless agreed to in writing by the parties. 8.6 Waiver. The failure of either of the parties to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of this Agreement. 8.7 Force Majeure. Notwithstanding anything contained in this Agreement to the contrary, neither party shall be liable to the other for failure to comply with any obligation under this Agreement (nor shall any charges or payments be made in respect thereof) if prevented from doing so by reason of contingencies beyond the reasonable 7 Page 141 of 314

control of the parties; and all requirements as to notice and other performance required hereunder within a specified period shall be automatically extended to accommodate the period of pendency of any such contingency which shall interfere with such performance. 8.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written.

WEST DES MOINES COMMUNITY SCHOOL DISTRICT

PHOENIX CHILDREN’S ACADEMY D/B/A APPLE TREE CHILDRENS CENTERS

By: Elizabeth Brennan Title: Board President

By: Title:

_________________________

_____________________________

Attest: By: Elaine Watkins-Miller Title: Board Secretary __________________________

[661953]

8 Page 142 of 314

COOPERATIVE 28E AGREEMENT FOR STATEWIDE VOLUNTARY PRESCHOOL PROGRAM FOR FOUR-YEAR-OLD CHILDREN Creekside Christian Preschool (formerly known as Olivet), a preschool, in collaboration with West Des Moines Community School District THIS COOPERATIVE 28E AGREEMENT (“Agreement”), dated as of the 11th day of August, 2014, is by and between the West Des Moines Community School District, an Iowa public school corporation with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “School District”) and Olivet Christian Preschool, a community-based preschool with administrative offices located in Urbandale, Polk County, Iowa (hereinafter the “Preschool”). RECITALS: The parties desire to provide high quality preschool programming at the Preschool’s site in Urbandale in accordance with all requirements of the Statewide Voluntary Preschool Program as set forth in Iowa Code Chapter 256C (the “Act”) and in accordance with the rules of the Iowa Department of Education and the approved application of the School District (the “Program”). Iowa Code Chapter 28E authorizes public school corporations and public or private agencies to enter into agreements for cooperative actions. Such an agreement is required for the cooperative provision of preschool programs under the Act. Therefore, in consideration of the mutual promises contained in this Agreement, the School District and the Preschool agree as follows: 1.

Scope of Services and Duties. 1.1 The Preschool. In accordance with the Act and the rules of the Iowa Department of Education, the Preschool agrees to provide (a) the necessary sites, buildings, playgrounds, utilities, capital improvements, and furniture and equipment for the operation of the Program which meet all state and local requirements at 2743 82nd Street, Urbandale, Iowa or at such other location as agreed to by the School District; (b) custodial, maintenance, and repair services for the sites and equipment, including trash and snow removal; (c) healthy meals and/or snacks and beverages for the children in the Program; (d) instruction, instructional materials, and activities that are secular, neutral, non-religious, and non-ideological in nature; (e) a qualified teacher(s) meeting licensure requirements of the Act and teacher associates to keep the ratio at no more than ten (10) children per adult at all times; and (f) personnel to answer the telephone, attend to health and other emergencies, and to keep accurate records. The Preschool shall also employ and appoint a director who is accessible to the School District who is to be assigned to the Program and who shall collaborate with the School District and other Program providers. The director or such other designated on-site supervisor shall be on site during Program sessions. Program sessions shall consist of a minimum of ten hours per week of instruction (excluding recess), to be delivered Mondays through Fridays within the hours of 8:00 a.m. to 4:00 p.m. (exclusive of normal 1 Page 143 of 314

holidays and in-service days), with classes beginning by September 2, 2014 and ending within ten (10) calendar days of May 29, 2015. Specific dates and times of Program sessions will be agreed upon by the parties. The Preschool shall be responsible for insuring that it has obtained and maintains all necessary licenses and permits and is operated in compliance with all state and local laws and regulations. The Preschool shall adopt the Iowa Quality Preschool Program Standards and Criteria and any other required preschool program standards, and provide proof of compliance with same. 1.2 School District. The School District agrees to provide (a) instructional materials at its discretion, which materials shall remain the property of the School District and shall be properly cared for at the Program site; (b) transportation at its discretion to and from the Program site for children as it determines is necessary and convenient and which does not entail additional routes, subject to adequate funding for same; and (c) assistance with professional training and development for the teacher(s) and teacher associates as mutually agreed to by the director and the School District at its discretion and/or as required by law. 1.3 Enrollment. Students seeking to enroll in the Program shall be subject to the enrollment process of the School District and all School District policies and rules. Enrollment priority will be given to students residing in the School District's boundaries. The Preschool agrees that the number of students residing outside of the School District’s boundaries that it enrolls in the Program will not exceed twenty-five percent (25%) of the total number of students that it enrolls in the Program without prior approval from the School District. The Center agrees to enroll children in the Program, and in no case shall there be more than twenty (20) children per classroom. If a student is dropped from the Program, the Center agrees to coordinate with the School District to place a new student in the Program. The Center agrees not to discriminate against any enrollee on the basis of race, color, religion, creed, national origin, disability, sex, sexual orientation, gender identity, or familial status. The Center also agrees to comply with the School District’s policy and rules on preventing and eradicating bullying or harassment of students. 1.4 Personnel. The staff and personnel necessary for the operation of the Program shall be recruited, retained or employed, compensated, trained, evaluated, supervised, disciplined, and discharged by the Preschool. All employees shall have criminal background checks, and child and dependent adult abuse and sexual registry background checks in accordance with School District procedures prior to performing services in the Program. The Preschool agrees to make such records for its employees available to the School District for inspection upon request. The Preschool and the School District agree to cooperate with each other in the investigation of any allegation of physical or sexual abuse by an employee of a child attending the Program. The Preschool agrees not to discriminate on the basis of race, color, religion, creed, national origin, age, disability, sex, sexual orientation, gender identity, political party affiliation, or marital or parental status in the hiring or employment of personnel in connection with this Agreement.

2 Page 144 of 314

Any School District employees providing services under this Agreement shall be required to abide by reasonable rules and regulations of the Preschool relating to use of the Preschool’s premises, including the wearing of identification badges as provided by the Preschool. All services shall be performed by employees or independent contractors who are experienced and skilled in their professions and in accordance with the standards of their professions. The parties agree that the safety of students shall be observed at all times. 2.

Recordkeeping Requirements and Payments. 2.1 Recordkeeping. The Preschool shall keep records of all enrolled children and their dates of attendance and such other data as required by the Act and the regulations of the Department of Education and as required by the School District, including but not limited to assessment data. The Preschool shall submit the list of enrollees and dates of enrollment to the School District by the fifth working day of each month, starting in September 2014. The Preschool shall submit assessment and other data as reasonably requested. 2.2 Payments. The preschool funding level as determined by the State of Iowa for the 2014-2015 school year is $3,183.00 per qualified child. In accordance with Iowa law, the School District will retain five percent (5%) of said amount for administrative costs. The remaining ninety-five percent (95%) of said amount will flow to the Preschool/Center as a combination of five percent (5%) in-kind payment and ninety percent (90%) in-cash payment, provided that the School District receives sufficient sums from the State of Iowa to make the payments and the requirements outlined herein are met. The School District will make the in-kind payment in the form of staff development, GOLD assessments, curriculum, printing, and technical assistance that the School District provides to the Preschool. The School District will make the in-cash payment to the Preschool as follows: (i) immediately following execution of this Agreement, the Preschool will complete a budget worksheet prepared by the School District setting forth all proposed, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Preschool use no more than five percent (5%) of the preschool funding level per qualified child for administrative costs); (ii) the Preschool will submit the completed budget worksheet to the School District along with a list of qualified students currently enrolled in the Program; (iii) within thirty (30) days of the School District’s approval of the documents submitted in accordance with items (i)-(ii), the School District will make payment to the Preschool in the amount of $2,000.00 per qualified child; (iv) after May 1, but on or before May 31, the Preschool will complete a worksheet prepared by the School District setting forth all actual, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Preschool use no more than five percent (5%) of the preschool funding level per qualified for administrative costs); (v) the Preschool will submit the completed worksheet to the School District (vi) based on the documents submitted in accordance with items (iv)-(v), and those previously submitted in accordance with items (i)-(ii), the Preschool and the School District will 3 Page 145 of 314

reconcile any discrepancies in the amount already paid by the School District under the proposed budget and the actual amount incurred by the Preschool for allowable and documented Program expenses; (vii) provided that the documents submitted in accordance with items (i)-(ii) and (iv)-(v) provide a basis for further payment, and the School District approves thereof, the School District will make final payment to the Preschool up to the amount of the remaining $864.70 per qualified child, such payment to be made no later than the expiration of the term of this Agreement; and (viii) if it is determined at any time that there is an overpayment, the Preschool will promptly repay the School District in the amount of such overpayment. The Preschool will maintain documentation of all Program expenses in accordance with required and accepted accounting practices and the School District reserves the right to audit the financial records of the Preschool as they relate to the operation of the Program. The Preschool agrees that it will not charge monthly tuition for students in the Program, nor will it solicit donations from students or their families due to their participation in the Program. To the extent permitted by law, the Preschool may collect allowable fees at registration of up to seventy-five dollars ($75) per student enrolled in the Program from the student’s family. 2.3 Confidentiality. The Preschool agrees to comply with the School District’s policy and regulations on confidentiality of student information and shall instruct and demand such confidentiality by its employees. 3.

Insurance and Indemnification. 3.1 Property Insurance. The Preschool shall insure the site and its contents. In the event of destruction or damage such that the Preschool is not able to perform its services under this Agreement, the School District may elect to terminate this Agreement in accordance with subsection 4.2 of this Agreement. 3.2 Liability Insurance. The Preschool and the School District shall carry Commercial General Liability insurance for protection of each, respectively, from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property in or about the Program site or arising from the performance of their obligations under this Agreement due directly or indirectly to the actions of the insured. Liability policies shall have limits of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) annual aggregate, which limit can be met with a combination of primary and umbrella policies. The policies shall include Professional Liability insurance and shall also cover the parties in the supervision of children in the Program, including coverage for claims of sexual abuse and corporal punishment. Each party shall be solely responsible for its own retentions, co-insurance, and/or insurance deductibles. 3.3 Workers’ Compensation/Employer’s Liability Insurance. The Preschool and the School District shall each be responsible for maintaining Workers’ Compensation insurance for its employees as statutorily required by the State of Iowa and Employer’s Liability insurance.

4 Page 146 of 314

3.4 Other Insurance Provisions. All required insurance shall be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. Each party shall be furnished with a certificate of insurance required under subsections 3.1, 3.2, and/or 3.3 of this Agreement upon request. Such policies shall not be modified or cancelled except upon at least thirty (30) calendar days’ prior written notice to the other party to this Agreement. It is specifically agreed that the types and amounts of insurance specified above shall not limit or otherwise affect any party’s obligation to indemnify and hold the other party harmless as provided by the indemnification provisions of this Agreement. The failure of any party to maintain the insurance coverage and limits required by this Agreement shall be considered a material breach of this Agreement. However, the failure of any party to declare another party to be in material breach shall not be deemed a waiver by the party of the right to claim a material breach for a subsequent failure to maintain the required coverage or limits. 3.5 School District’s Indemnification of the Preschool. To the extent permitted by law, the School District will indemnify and hold harmless the Preschool from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the School District’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.5 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.6 Preschool’s Indemnification of the School District. The Preschool will indemnify and hold harmless the School District from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the Preschool’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.6 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.7 Waiver of Subrogation Rights. The Preschool and the School District each release the other from any claim for recovery for any loss or damages to any of its property which is insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance. 3.8 Claims. Each party shall notify the other party of any claim or any potential claim for bodily injury or property damage to another arising out of the operation of the Program as soon as practical following knowledge of the claim or potential claim. 4.

Term and Termination. 4.1 Term. The term of this Agreement shall commence on the 1st day of September, 2014 and terminate on the 30th day of June, 2015. 4.2 Cause Termination. Either party may terminate this Agreement upon written notice to the other party if the other party fails to comply with any of the provisions of this Agreement, provided written notice of the breach shall be given to the breaching 5 Page 147 of 314

party and the breaching party shall have at least ten (10) days to cure the breach. Either party may terminate this Agreement immediately upon written notice to the other party if the other party becomes the subject of a proceeding under state or federal law for relief of debtors, or if an assignment is made for the benefit of creditors. The School District may terminate this Agreement immediately if the Preschool loses its license or if the School District does not receive funding for this Agreement from the State of Iowa. 4.3 No Cause Termination. Either party may terminate this Agreement prior to the expiration of the term, with or without cause, and without penalty, upon thirty (30) days’ written notice to the other party. 4.4 Final Payments. Upon termination of this Agreement, the School District will pay for all earned fees for services completed up to the effective date of termination, and the Preschool shall return any unearned amounts paid in advance by the School District. The Preschool shall return all School District property and shall submit all required reports and other information. 4.5 Property. All equipment, furniture, capital improvements, and supplies purchased by the Preschool shall be and remain the property of the Preschool. All equipment and supplies purchased by the School District, if any, shall be and remain the property of the School District. Upon termination of this Agreement, the Preschool and the School District shall have sole custody and use of their respective property. It is not contemplated that any real property will be acquired or held for the purpose of carrying out the terms of this Agreement. 5.

Assignment and Subcontracting; Binding. Neither party may assign this Agreement or subcontract any of the duties in whole or in part, without the written agreement of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. The parties agree that janitorial services, food services, or transportation services may be provided by independent contractors.

6.

Status of the Parties. It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a cooperative contractual relationship. In no event shall either party be liable for the debts or obligations of the other party.

7.

No Separate Entity or Joint Board. No separate legal or administrative entity or joint board shall be established to carry out the purposes of this Agreement. The Superintendent of the School District shall be designated as the administrator of the Agreement for purposes of Iowa Code Chapter 28E.

8.

Miscellaneous. 8.1 Headings. The headings of this Agreement are inserted for convenience of reference only and in no way describe or limit the scope or intent of this Agreement or any of the provisions hereof. 6 Page 148 of 314

8.2 Severability. In case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 8.3 Notices. All notices or other communications to be given under this Agreement shall be deemed given when either personally delivered or mailed by first class mail, postage prepaid, with proper address to the following addresses until otherwise notified: TO PRESCHOOL:

Creekside Christian Preschool Attn: Connie Keller 2743 82nd St. Urbandale, IA 50322

TO SCHOOL DISTRICT: West Des Moines Community School District Attn: Dr. Lisa Remy 3550 Mills Civic Parkway West Des Moines, Iowa 50265 8.4 Law. The parties consent to the jurisdiction of the Polk County, Iowa District Court for all matters relating to this Agreement and agree that this Agreement shall be governed by Iowa law. Anything in this Agreement to the contrary notwithstanding, the parties shall refrain from any action which would violate any law, rule, policy, or regulation of any governmental body or agency having jurisdiction over this Agreement. The parties agree to cooperate as needed to assure that all required services and responsibilities are provided and that the Program is operated in compliance with applicable law. 8.5 Entire Agreement. This Agreement supersedes all previous agreements, contracts, addenda, amendments, arrangements, and understandings, and constitutes the entire agreement between the parties. No oral statements or prior written material not specifically incorporated herein shall be of any force and effect and no change in, additions to, or deletions from this Agreement shall be valid unless agreed to in writing by the parties. 8.6 Waiver. The failure of either of the parties to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of this Agreement. 8.7 Force Majeure. Notwithstanding anything contained in this Agreement to the contrary, neither party shall be liable to the other for failure to comply with any obligation under this Agreement (nor shall any charges or payments be made in respect thereof) if prevented from doing so by reason of contingencies beyond the reasonable control of the parties; and all requirements as to notice and other performance required hereunder within a specified period shall be automatically extended to accommodate the period of pendency of any such contingency which shall interfere with such performance. 7 Page 149 of 314

8.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written.

WEST DES MOINES COMMUNITY SCHOOL DISTRICT

CREEKSIDE CHRISTIAN PRESCHOOL

By: Elizabeth Brennan Title: Board President

By______________________________ Title: ____________________________

________________________ Attest: By: Elaine Watkins-Miller Title: Board Secretary _________________________

[661903]

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COOPERATIVE 28E AGREEMENT FOR STATEWIDE VOLUNTARY PRESCHOOL PROGRAM FOR FOUR-YEAR-OLD CHILDREN (Sacred Heart Preschool, a preschool, in collaboration with West Des Moines Community School District) THIS COOPERATIVE 28E AGREEMENT (“Agreement”), dated as of the 11th day of August, 2014, is by and between the West Des Moines Community School District, an Iowa public school corporation with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “School District”) and Sacred Heart Preschool, a community-based preschool with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “Preschool”). RECITALS: The parties desire to provide high quality preschool programming at the Preschool’s site in West Des Moines in accordance with all requirements of the Statewide Voluntary Preschool Program as set forth in Iowa Code Chapter 256C (the “Act”) and in accordance with the rules of the Iowa Department of Education and the approved application of the School District (the “Program”). Iowa Code Chapter 28E authorizes public school corporations and public or private agencies to enter into agreements for cooperative actions. Such an agreement is required for the cooperative provision of preschool programs under the Act. Therefore, in consideration of the mutual promises contained in this Agreement, the School District and the Preschool agree as follows: 1.

Scope of Services and Duties. 1.1 The Preschool. In accordance with the Act and the rules of the Iowa Department of Education, the Preschool agrees to provide (a) the necessary sites, buildings, playgrounds, utilities, capital improvements, and furniture and equipment for the operation of the Program which meet all state and local requirements at 1653 Grand Ave., West Des Moines, Iowa or at such other location as agreed to by the School District; (b) custodial, maintenance, and repair services for the sites and equipment, including trash and snow removal; (c) healthy meals and/or snacks and beverages for the children in the Program; (d) instruction, instructional materials, and activities that are secular, neutral, non-religious, and non-ideological in nature; (e) a qualified teacher(s) meeting licensure requirements of the Act and teacher associates to keep the ratio at no more than ten (10) children per adult at all times; and (f) personnel to answer the telephone, attend to health and other emergencies, and to keep accurate records. The Preschool shall also employ and appoint a director who is accessible to the School District who is to be assigned to the Program and who shall collaborate with the School District and other Program providers. The director or such other designated on-site supervisor shall be on site during Program sessions. Program sessions shall consist of a minimum of ten hours per week of instruction (excluding recess), to be delivered 1 Page 151 of 314

Mondays through Fridays within the hours of 8:00 a.m. to 4:00 p.m. (exclusive of normal holidays and in-service days), with classes beginning by September 2, 2014 and ending within ten (10) calendar days of May 29, 2015. Specific dates and times of Program sessions will be agreed upon by the parties. The Preschool shall be responsible for insuring that it has obtained and maintains all necessary licenses and permits and is operated in compliance with all state and local laws and regulations. The Preschool shall adopt the Iowa Quality Preschool Program Standards and Criteria and any other required preschool program standards, and provide proof of compliance with same. 1.2 School District. The School District agrees to provide (a) instructional materials at its discretion, which materials shall remain the property of the School District and shall be properly cared for at the Program site; (b) transportation at its discretion to and from the Program site for children as it determines is necessary and convenient and which does not entail additional routes, subject to adequate funding for same; and (c) assistance with professional training and development for the teacher(s) and teacher associates as mutually agreed to by the director and the School District at its discretion and/or as required by law. 1.3 Enrollment. Students seeking to enroll in the Program shall be subject to the enrollment process of the School District and all School District policies and rules. Enrollment priority will be given to students residing in the School District's boundaries. The Preschool agrees that the number of students residing outside of the School District’s boundaries that it enrolls in the Program will not exceed twenty-five percent (25%) of the total number of students that it enrolls in the Program without prior approval from the School District. The Center agrees to enroll children in the Program, and in no case shall there be more than twenty (20) children per classroom. If a student is dropped from the Program, the Center agrees to coordinate with the School District to place a new student in the Program. The Center agrees not to discriminate against any enrollee on the basis of race, color, religion, creed, national origin, disability, sex, sexual orientation, gender identity, or familial status. The Center also agrees to comply with the School District’s policy and rules on preventing and eradicating bullying or harassment of students. 1.4 Personnel. The staff and personnel necessary for the operation of the Program shall be recruited, retained or employed, compensated, trained, evaluated, supervised, disciplined, and discharged by the Preschool. All employees shall have criminal background checks, and child and dependent adult abuse and sexual registry background checks in accordance with School District procedures prior to performing services in the Program. The Preschool agrees to make such records for its employees available to the School District for inspection upon request. The Preschool and the School District agree to cooperate with each other in the investigation of any allegation of physical or sexual abuse by an employee of a child attending the Program. The Preschool agrees not to discriminate on the basis of race, color, religion, creed, national origin, age, disability, sex, sexual orientation, gender identity, political party affiliation, or marital or parental status in the hiring or employment of personnel in connection with this Agreement. 2 Page 152 of 314

Any School District employees providing services under this Agreement shall be required to abide by reasonable rules and regulations of the Preschool relating to use of the Preschool’s premises, including the wearing of identification badges as provided by the Preschool. All services shall be performed by employees or independent contractors who are experienced and skilled in their professions and in accordance with the standards of their professions. The parties agree that the safety of students shall be observed at all times. 2.

Recordkeeping Requirements and Payments. 2.1 Recordkeeping. The Preschool shall keep records of all enrolled children and their dates of attendance and such other data as required by the Act and the regulations of the Department of Education and as required by the School District, including but not limited to assessment data. The Preschool shall submit the list of enrollees and dates of enrollment to the School District by the fifth working day of each month, starting in September 2014. The Preschool shall submit assessment and other data as reasonably requested. 2.2 Payments. The preschool funding level as determined by the State of Iowa for the 2014-2015 school year is $3,183.00 per qualified child. In accordance with Iowa law, the School District will retain five percent (5%) of said amount for administrative costs. The remaining ninety-five percent (95%) of said amount will flow to the Preschool/Center as a combination of five percent (5%) in-kind payment and ninety percent (90%) in-cash payment, provided that the School District receives sufficient sums from the State of Iowa to make the payments and the requirements outlined herein are met. The School District will make the in-kind payment in the form of staff development, GOLD assessments, curriculum, printing, and technical assistance that the School District provides to the Preschool. The School District will make the in-cash payment to the Preschool as follows: (i) immediately following execution of this Agreement, the Preschool will complete a budget worksheet prepared by the School District setting forth all proposed, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Preschool use no more than five percent (5%) of the preschool funding level per qualified child for administrative costs); (ii) the Preschool will submit the completed budget worksheet to the School District along with a list of qualified students currently enrolled in the Program; (iii) within thirty (30) days of the School District’s approval of the documents submitted in accordance with items (i)-(ii), the School District will make payment to the Preschool in the amount of $2,000.00 per qualified child; (iv) after May 1, but on or before May 31, the Preschool will complete a worksheet prepared by the School District setting forth all actual, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Preschool use no more than five percent (5%) of the preschool funding level per qualified for administrative costs); (v) the Preschool will submit the completed worksheet to the School District (vi) based on the documents submitted in accordance with items (iv)-(v), and those previously submitted in accordance with items (i)-(ii), the Preschool and the School District will 3 Page 153 of 314

reconcile any discrepancies in the amount already paid by the School District under the proposed budget and the actual amount incurred by the Preschool for allowable and documented Program expenses; (vii) provided that the documents submitted in accordance with items (i)-(ii) and (iv)-(v) provide a basis for further payment, and the School District approves thereof, the School District will make final payment to the Preschool up to the amount of the remaining $864.70 per qualified child, such payment to be made no later than the expiration of the term of this Agreement; and (viii) if it is determined at any time that there is an overpayment, the Preschool will promptly repay the School District in the amount of such overpayment. The Preschool will maintain documentation of all Program expenses in accordance with required and accepted accounting practices and the School District reserves the right to audit the financial records of the Preschool as they relate to the operation of the Program. The Preschool agrees that it will not charge monthly tuition for students in the Program, nor will it solicit donations from students or their families due to their participation in the Program. To the extent permitted by law, the Preschool may collect allowable fees at registration of up to seventy-five dollars ($75) per student enrolled in the Program from the student’s family. 2.3 Confidentiality. The Preschool agrees to comply with the School District’s policy and regulations on confidentiality of student information and shall instruct and demand such confidentiality by its employees. 3.

Insurance and Indemnification. 3.1 Property Insurance. The Preschool shall insure the site and its contents. In the event of destruction or damage such that the Preschool is not able to perform its services under this Agreement, the School District may elect to terminate this Agreement in accordance with subsection 4.2 of this Agreement. 3.2 Liability Insurance. The Preschool and the School District shall carry Commercial General Liability insurance for protection of each, respectively, from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property in or about the Program site or arising from the performance of their obligations under this Agreement due directly or indirectly to the actions of the insured. Liability policies shall have limits of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) annual aggregate, which limit can be met with a combination of primary and umbrella policies. The policies shall include Professional Liability insurance and shall also cover the parties in the supervision of children in the Program, including coverage for claims of sexual abuse and corporal punishment. Each party shall be solely responsible for its own retentions, co-insurance, and/or insurance deductibles. 3.3 Workers’ Compensation/Employer’s Liability Insurance. The Preschool and the School District shall each be responsible for maintaining Workers’ Compensation insurance for its employees as statutorily required by the State of Iowa and Employer’s Liability insurance.

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3.4 Other Insurance Provisions. All required insurance shall be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. Each party shall be furnished with a certificate of insurance required under subsections 3.1, 3.2, and/or 3.3 of this Agreement upon request. Such policies shall not be modified or cancelled except upon at least thirty (30) calendar days’ prior written notice to the other party to this Agreement. It is specifically agreed that the types and amounts of insurance specified above shall not limit or otherwise affect any party’s obligation to indemnify and hold the other party harmless as provided by the indemnification provisions of this Agreement. The failure of any party to maintain the insurance coverage and limits required by this Agreement shall be considered a material breach of this Agreement. However, the failure of any party to declare another party to be in material breach shall not be deemed a waiver by the party of the right to claim a material breach for a subsequent failure to maintain the required coverage or limits. 3.5 School District’s Indemnification of the Preschool. To the extent permitted by law, the School District will indemnify and hold harmless the Preschool from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the School District’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.5 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.6 Preschool’s Indemnification of the School District. The Preschool will indemnify and hold harmless the School District from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the Preschool’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.6 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.7 Waiver of Subrogation Rights. The Preschool and the School District each release the other from any claim for recovery for any loss or damages to any of its property which is insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance. 3.8 Claims. Each party shall notify the other party of any claim or any potential claim for bodily injury or property damage to another arising out of the operation of the Program as soon as practical following knowledge of the claim or potential claim. 4.

Term and Termination. 4.1 Term. The term of this Agreement shall commence on the 1st day of September, 2014 and terminate on the 30th day of June, 2015. 4.2 Cause Termination. Either party may terminate this Agreement upon written notice to the other party if the other party fails to comply with any of the provisions of this Agreement, provided written notice of the breach shall be given to the breaching 5 Page 155 of 314

party and the breaching party shall have at least ten (10) days to cure the breach. Either party may terminate this Agreement immediately upon written notice to the other party if the other party becomes the subject of a proceeding under state or federal law for relief of debtors, or if an assignment is made for the benefit of creditors. The School District may terminate this Agreement immediately if the Preschool loses its license or if the School District does not receive funding for this Agreement from the State of Iowa. 4.3 No Cause Termination. Either party may terminate this Agreement prior to the expiration of the term, with or without cause, and without penalty, upon thirty (30) days’ written notice to the other party. 4.4 Final Payments. Upon termination of this Agreement, the School District will pay for all earned fees for services completed up to the effective date of termination, and the Preschool shall return any unearned amounts paid in advance by the School District. The Preschool shall return all School District property and shall submit all required reports and other information. 4.5 Property. All equipment, furniture, capital improvements, and supplies purchased by the Preschool shall be and remain the property of the Preschool. All equipment and supplies purchased by the School District, if any, shall be and remain the property of the School District. Upon termination of this Agreement, the Preschool and the School District shall have sole custody and use of their respective property. It is not contemplated that any real property will be acquired or held for the purpose of carrying out the terms of this Agreement. 5.

Assignment and Subcontracting; Binding. Neither party may assign this Agreement or subcontract any of the duties in whole or in part, without the written agreement of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. The parties agree that janitorial services, food services, or transportation services may be provided by independent contractors.

6.

Status of the Parties. It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a cooperative contractual relationship. In no event shall either party be liable for the debts or obligations of the other party.

7.

No Separate Entity or Joint Board. No separate legal or administrative entity or joint board shall be established to carry out the purposes of this Agreement. The Superintendent of the School District shall be designated as the administrator of the Agreement for purposes of Iowa Code Chapter 28E.

8.

Miscellaneous. 8.1 Headings. The headings of this Agreement are inserted for convenience of reference only and in no way describe or limit the scope or intent of this Agreement or any of the provisions hereof. 6 Page 156 of 314

8.2 Severability. In case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 8.3 Notices. All notices or other communications to be given under this Agreement shall be deemed given when either personally delivered or mailed by first class mail, postage prepaid, with proper address to the following addresses until otherwise notified: TO PRESCHOOL:

Sacred Heart Preschool Attn: Jane Kinney 1653 Grand Ave. West Des Moines, IA 50265

TO SCHOOL DISTRICT: West Des Moines Community School District Attn: Dr. Lisa Remy 3550 Mills Civic Parkway West Des Moines, Iowa 50265 8.4 Law. The parties consent to the jurisdiction of the Polk County, Iowa District Court for all matters relating to this Agreement and agree that this Agreement shall be governed by Iowa law. Anything in this Agreement to the contrary notwithstanding, the parties shall refrain from any action which would violate any law, rule, policy, or regulation of any governmental body or agency having jurisdiction over this Agreement. The parties agree to cooperate as needed to assure that all required services and responsibilities are provided and that the Program is operated in compliance with applicable law. 8.5 Entire Agreement. This Agreement supersedes all previous agreements, contracts, addenda, amendments, arrangements, and understandings, and constitutes the entire agreement between the parties. No oral statements or prior written material not specifically incorporated herein shall be of any force and effect and no change in, additions to, or deletions from this Agreement shall be valid unless agreed to in writing by the parties. 8.6 Waiver. The failure of either of the parties to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of this Agreement. 8.7 Force Majeure. Notwithstanding anything contained in this Agreement to the contrary, neither party shall be liable to the other for failure to comply with any obligation under this Agreement (nor shall any charges or payments be made in respect thereof) if prevented from doing so by reason of contingencies beyond the reasonable control of the parties; and all requirements as to notice and other performance required hereunder within a specified period shall be automatically extended to accommodate the period of pendency of any such contingency which shall interfere with such performance. 7 Page 157 of 314

8.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written.

WEST DES MOINES COMMUNITY SCHOOL DISTRICT

SACRED HEART PRESCHOOL

By: Elizabeth Brennan Title: Board President

By:______________________________

_______________________

Title:____________________________

Attest: By: Elaine Watkins-Miller Title: Board Secretary _______________________

[661903]

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COOPERATIVE 28E AGREEMENT FOR STATEWIDE VOLUNTARY PRESCHOOL PROGRAM FOR FOUR-YEAR-OLD CHILDREN (St. Timothy’s Preschool, a preschool, in collaboration with West Des Moines Community School District) THIS COOPERATIVE 28E AGREEMENT (“Agreement”), dated as of the 11th day of August, 2014, is by and between the West Des Moines Community School District, an Iowa public school corporation with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “School District”) and St. Timothy’s Preschool, a community-based preschool with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “Preschool”). RECITALS: The parties desire to provide high quality preschool programming at the Preschool’s site in West Des Moines in accordance with all requirements of the Statewide Voluntary Preschool Program as set forth in Iowa Code Chapter 256C (the “Act”) and in accordance with the rules of the Iowa Department of Education and the approved application of the School District (the “Program”). Iowa Code Chapter 28E authorizes public school corporations and public or private agencies to enter into agreements for cooperative actions. Such an agreement is required for the cooperative provision of preschool programs under the Act. Therefore, in consideration of the mutual promises contained in this Agreement, the School District and the Preschool agree as follows: 1.

Scope of Services and Duties. 1.1 The Preschool. In accordance with the Act and the rules of the Iowa Department of Education, the Preschool agrees to provide (a) the necessary sites, buildings, playgrounds, utilities, capital improvements, and furniture and equipment for the operation of the Program which meet all state and local requirements at 1020 24th St., West Des Moines, Iowa or at such other location as agreed to by the School District; (b) custodial, maintenance, and repair services for the sites and equipment, including trash and snow removal; (c) healthy meals and/or snacks and beverages for the children in the Program; (d) instruction, instructional materials, and activities that are secular, neutral, non-religious, and non-ideological in nature; (e) a qualified teacher(s) meeting licensure requirements of the Act and teacher associates to keep the ratio at no more than ten (10) children per adult at all times; and (f) personnel to answer the telephone, attend to health and other emergencies, and to keep accurate records. The Preschool shall also employ and appoint a director who is accessible to the School District who is to be assigned to the Program and who shall collaborate with the School District and other Program providers. The director or such other designated on-site supervisor shall be on site during Program sessions. Program sessions shall consist of a minimum of ten hours per week of instruction (excluding recess), to be delivered 1 Page 159 of 314

Mondays through Fridays within the hours of 8:00 a.m. to 4:00 p.m. (exclusive of normal holidays and in-service days), with classes beginning by September 2, 2014 and ending within ten (10) calendar days of May 29, 2015. Specific dates and times of Program sessions will be agreed upon by the parties. The Preschool shall be responsible for insuring that it has obtained and maintains all necessary licenses and permits and is operated in compliance with all state and local laws and regulations. The Preschool shall adopt the Iowa Quality Preschool Program Standards and Criteria and any other required preschool program standards, and provide proof of compliance with same. 1.2 School District. The School District agrees to provide (a) instructional materials at its discretion, which materials shall remain the property of the School District and shall be properly cared for at the Program site; (b) transportation at its discretion to and from the Program site for children as it determines is necessary and convenient and which does not entail additional routes, subject to adequate funding for same; and (c) assistance with professional training and development for the teacher(s) and teacher associates as mutually agreed to by the director and the School District at its discretion and/or as required by law. 1.3 Enrollment. Students seeking to enroll in the Program shall be subject to the enrollment process of the School District and all School District policies and rules. Enrollment priority will be given to students residing in the School District's boundaries. The Preschool agrees that the number of students residing outside of the School District’s boundaries that it enrolls in the Program will not exceed twenty-five percent (25%) of the total number of students that it enrolls in the Program without prior approval from the School District. The Center agrees to enroll children in the Program, and in no case shall there be more than twenty (20) children per classroom. If a student is dropped from the Program, the Center agrees to coordinate with the School District to place a new student in the Program. The Center agrees not to discriminate against any enrollee on the basis of race, color, religion, creed, national origin, disability, sex, sexual orientation, gender identity, or familial status. The Center also agrees to comply with the School District’s policy and rules on preventing and eradicating bullying or harassment of students. 1.4 Personnel. The staff and personnel necessary for the operation of the Program shall be recruited, retained or employed, compensated, trained, evaluated, supervised, disciplined, and discharged by the Preschool. All employees shall have criminal background checks, and child and dependent adult abuse and sexual registry background checks in accordance with School District procedures prior to performing services in the Program. The Preschool agrees to make such records for its employees available to the School District for inspection upon request. The Preschool and the School District agree to cooperate with each other in the investigation of any allegation of physical or sexual abuse by an employee of a child attending the Program. The Preschool agrees not to discriminate on the basis of race, color, religion, creed, national origin, age, disability, sex, sexual orientation, gender identity, political party affiliation, or marital or parental status in the hiring or employment of personnel in connection with this Agreement. 2 Page 160 of 314

Any School District employees providing services under this Agreement shall be required to abide by reasonable rules and regulations of the Preschool relating to use of the Preschool’s premises, including the wearing of identification badges as provided by the Preschool. All services shall be performed by employees or independent contractors who are experienced and skilled in their professions and in accordance with the standards of their professions. The parties agree that the safety of students shall be observed at all times. 2.

Recordkeeping Requirements and Payments. 2.1 Recordkeeping. The Preschool shall keep records of all enrolled children and their dates of attendance and such other data as required by the Act and the regulations of the Department of Education and as required by the School District, including but not limited to assessment data. The Preschool shall submit the list of enrollees and dates of enrollment to the School District by the fifth working day of each month, starting in September 2014. The Preschool shall submit assessment and other data as reasonably requested. 2.2 Payments. The preschool funding level as determined by the State of Iowa for the 2014-2015 school year is $3,183.00 per qualified child. In accordance with Iowa law, the School District will retain five percent (5%) of said amount for administrative costs. The remaining ninety-five percent (95%) of said amount will flow to the Preschool/Center as a combination of five percent (5%) in-kind payment and ninety percent (90%) in-cash payment, provided that the School District receives sufficient sums from the State of Iowa to make the payments and the requirements outlined herein are met. The School District will make the in-kind payment in the form of staff development, GOLD assessments, curriculum, printing, and technical assistance that the School District provides to the Preschool. The School District will make the in-cash payment to the Preschool as follows: (i) immediately following execution of this Agreement, the Preschool will complete a budget worksheet prepared by the School District setting forth all proposed, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Preschool use no more than five percent (5%) of the preschool funding level per qualified child for administrative costs); (ii) the Preschool will submit the completed budget worksheet to the School District along with a list of qualified students currently enrolled in the Program; (iii) within thirty (30) days of the School District’s approval of the documents submitted in accordance with items (i)-(ii), the School District will make payment to the Preschool in the amount of $2,000.00 per qualified child; (iv) after May 1, but on or before May 31, the Preschool will complete a worksheet prepared by the School District setting forth all actual, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Preschool use no more than five percent (5%) of the preschool funding level per qualified for administrative costs); (v) the Preschool will submit the completed worksheet to the School District (vi) based on the documents submitted in accordance with items (iv)-(v), and those previously submitted in accordance with items (i)-(ii), the Preschool and the School District will 3 Page 161 of 314

reconcile any discrepancies in the amount already paid by the School District under the proposed budget and the actual amount incurred by the Preschool for allowable and documented Program expenses; (vii) provided that the documents submitted in accordance with items (i)-(ii) and (iv)-(v) provide a basis for further payment, and the School District approves thereof, the School District will make final payment to the Preschool up to the amount of the remaining $864.70 per qualified child, such payment to be made no later than the expiration of the term of this Agreement; and (viii) if it is determined at any time that there is an overpayment, the Preschool will promptly repay the School District in the amount of such overpayment. The Preschool will maintain documentation of all Program expenses in accordance with required and accepted accounting practices and the School District reserves the right to audit the financial records of the Preschool as they relate to the operation of the Program. The Preschool agrees that it will not charge monthly tuition for students in the Program, nor will it solicit donations from students or their families due to their participation in the Program. To the extent permitted by law, the Preschool may collect allowable fees at registration of up to seventy-five dollars ($75) per student enrolled in the Program from the student’s family. 2.3 Confidentiality. The Preschool agrees to comply with the School District’s policy and regulations on confidentiality of student information and shall instruct and demand such confidentiality by its employees. 3.

Insurance and Indemnification. 3.1 Property Insurance. The Preschool shall insure the site and its contents. In the event of destruction or damage such that the Preschool is not able to perform its services under this Agreement, the School District may elect to terminate this Agreement in accordance with subsection 4.2 of this Agreement. 3.2 Liability Insurance. The Preschool and the School District shall carry Commercial General Liability insurance for protection of each, respectively, from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property in or about the Program site or arising from the performance of their obligations under this Agreement due directly or indirectly to the actions of the insured. Liability policies shall have limits of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) annual aggregate, which limit can be met with a combination of primary and umbrella policies. The policies shall include Professional Liability insurance and shall also cover the parties in the supervision of children in the Program, including coverage for claims of sexual abuse and corporal punishment. Each party shall be solely responsible for its own retentions, co-insurance, and/or insurance deductibles. 3.3 Workers’ Compensation/Employer’s Liability Insurance. The Preschool and the School District shall each be responsible for maintaining Workers’ Compensation insurance for its employees as statutorily required by the State of Iowa and Employer’s Liability insurance.

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3.4 Other Insurance Provisions. All required insurance shall be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. Each party shall be furnished with a certificate of insurance required under subsections 3.1, 3.2, and/or 3.3 of this Agreement upon request. Such policies shall not be modified or cancelled except upon at least thirty (30) calendar days’ prior written notice to the other party to this Agreement. It is specifically agreed that the types and amounts of insurance specified above shall not limit or otherwise affect any party’s obligation to indemnify and hold the other party harmless as provided by the indemnification provisions of this Agreement. The failure of any party to maintain the insurance coverage and limits required by this Agreement shall be considered a material breach of this Agreement. However, the failure of any party to declare another party to be in material breach shall not be deemed a waiver by the party of the right to claim a material breach for a subsequent failure to maintain the required coverage or limits. 3.5 School District’s Indemnification of the Preschool. To the extent permitted by law, the School District will indemnify and hold harmless the Preschool from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the School District’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.5 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.6 Preschool’s Indemnification of the School District. The Preschool will indemnify and hold harmless the School District from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the Preschool’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.6 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.7 Waiver of Subrogation Rights. The Preschool and the School District each release the other from any claim for recovery for any loss or damages to any of its property which is insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance. 3.8 Claims. Each party shall notify the other party of any claim or any potential claim for bodily injury or property damage to another arising out of the operation of the Program as soon as practical following knowledge of the claim or potential claim. 4.

Term and Termination. 4.1 Term. The term of this Agreement shall commence on the 1st day of September, 2014 and terminate on the 30th day of June, 2015. 4.2 Cause Termination. Either party may terminate this Agreement upon written notice to the other party if the other party fails to comply with any of the provisions of this Agreement, provided written notice of the breach shall be given to the breaching 5 Page 163 of 314

party and the breaching party shall have at least ten (10) days to cure the breach. Either party may terminate this Agreement immediately upon written notice to the other party if the other party becomes the subject of a proceeding under state or federal law for relief of debtors, or if an assignment is made for the benefit of creditors. The School District may terminate this Agreement immediately if the Preschool loses its license or if the School District does not receive funding for this Agreement from the State of Iowa. 4.3 No Cause Termination. Either party may terminate this Agreement prior to the expiration of the term, with or without cause, and without penalty, upon thirty (30) days’ written notice to the other party. 4.4 Final Payments. Upon termination of this Agreement, the School District will pay for all earned fees for services completed up to the effective date of termination, and the Preschool shall return any unearned amounts paid in advance by the School District. The Preschool shall return all School District property and shall submit all required reports and other information. 4.5 Property. All equipment, furniture, capital improvements, and supplies purchased by the Preschool shall be and remain the property of the Preschool. All equipment and supplies purchased by the School District, if any, shall be and remain the property of the School District. Upon termination of this Agreement, the Preschool and the School District shall have sole custody and use of their respective property. It is not contemplated that any real property will be acquired or held for the purpose of carrying out the terms of this Agreement. 5.

Assignment and Subcontracting; Binding. Neither party may assign this Agreement or subcontract any of the duties in whole or in part, without the written agreement of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. The parties agree that janitorial services, food services, or transportation services may be provided by independent contractors.

6.

Status of the Parties. It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a cooperative contractual relationship. In no event shall either party be liable for the debts or obligations of the other party.

7.

No Separate Entity or Joint Board. No separate legal or administrative entity or joint board shall be established to carry out the purposes of this Agreement. The Superintendent of the School District shall be designated as the administrator of the Agreement for purposes of Iowa Code Chapter 28E.

8.

Miscellaneous. 8.1 Headings. The headings of this Agreement are inserted for convenience of reference only and in no way describe or limit the scope or intent of this Agreement or any of the provisions hereof. 6 Page 164 of 314

8.2 Severability. In case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 8.3 Notices. All notices or other communications to be given under this Agreement shall be deemed given when either personally delivered or mailed by first class mail, postage prepaid, with proper address to the following addresses until otherwise notified: TO PRESCHOOL:

St. Timothy’s Preschool Attn: Director 1020 24th St. West Des Moines, Iowa 50266

TO SCHOOL DISTRICT: West Des Moines Community School District Attn: Dr. Lisa Remy 3550 Mills Civic Parkway West Des Moines, Iowa 50265 8.4 Law. The parties consent to the jurisdiction of the Polk County, Iowa District Court for all matters relating to this Agreement and agree that this Agreement shall be governed by Iowa law. Anything in this Agreement to the contrary notwithstanding, the parties shall refrain from any action which would violate any law, rule, policy, or regulation of any governmental body or agency having jurisdiction over this Agreement. The parties agree to cooperate as needed to assure that all required services and responsibilities are provided and that the Program is operated in compliance with applicable law. 8.5 Entire Agreement. This Agreement supersedes all previous agreements, contracts, addenda, amendments, arrangements, and understandings, and constitutes the entire agreement between the parties. No oral statements or prior written material not specifically incorporated herein shall be of any force and effect and no change in, additions to, or deletions from this Agreement shall be valid unless agreed to in writing by the parties. 8.6 Waiver. The failure of either of the parties to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of this Agreement. 8.7 Force Majeure. Notwithstanding anything contained in this Agreement to the contrary, neither party shall be liable to the other for failure to comply with any obligation under this Agreement (nor shall any charges or payments be made in respect thereof) if prevented from doing so by reason of contingencies beyond the reasonable control of the parties; and all requirements as to notice and other performance required hereunder within a specified period shall be automatically extended to accommodate the period of pendency of any such contingency which shall interfere with such performance. 7 Page 165 of 314

8.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written.

WEST DES MOINES COMMUNITY SCHOOL DISTRICT

ST. TIMOTHY’S PRESCHOOL

By: Elizabeth Brennan Title: Board President

By______________________________ Title: ____________________________

_______________________ Attest: By: Elaine Watkins-Miller Title: Board Secretary ________________________

[661903]

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COOPERATIVE 28E AGREEMENT FOR STATEWIDE VOLUNTARY PRESCHOOL PROGRAM FOR FOUR-YEAR-OLD CHILDREN (West Des Moines United Methodist Church Preschool, a preschool, in collaboration with West Des Moines Community School District) THIS COOPERATIVE 28E AGREEMENT (“Agreement”), dated as of the 11th day of August, 2014, is by and between the West Des Moines Community School District, an Iowa public school corporation with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “School District”) and West Des Moines United Methodist Church Preschool, a community-based preschool with administrative offices located in West Des Moines, Polk County, Iowa (hereinafter the “Preschool”). RECITALS: The parties desire to provide high quality preschool programming at the Preschool’s site in West Des Moines in accordance with all requirements of the Statewide Voluntary Preschool Program as set forth in Iowa Code Chapter 256C (the “Act”) and in accordance with the rules of the Iowa Department of Education and the approved application of the School District (the “Program”). Iowa Code Chapter 28E authorizes public school corporations and public or private agencies to enter into agreements for cooperative actions. Such an agreement is required for the cooperative provision of preschool programs under the Act. Therefore, in consideration of the mutual promises contained in this Agreement, the School District and the Preschool agree as follows: 1.

Scope of Services and Duties. 1.1 The Preschool. In accordance with the Act and the rules of the Iowa Department of Education, the Preschool agrees to provide (a) the necessary sites, buildings, playgrounds, utilities, capital improvements, and furniture and equipment for the operation of the Program which meet all state and local requirements at 720 Grand Ave., West Des Moines, Iowa or at such other location as agreed to by the School District; (b) custodial, maintenance, and repair services for the sites and equipment, including trash and snow removal; (c) healthy meals and/or snacks and beverages for the children in the Program; (d) instruction, instructional materials, and activities that are secular, neutral, non-religious, and non-ideological in nature; (e) a qualified teacher(s) meeting licensure requirements of the Act and teacher associates to keep the ratio at no more than ten (10) children per adult at all times; and (f) personnel to answer the telephone, attend to health and other emergencies, and to keep accurate records. The Preschool shall also employ and appoint a director who is accessible to the School District who is to be assigned to the Program and who shall collaborate with the School District and other Program providers. The director or such other designated on-site supervisor shall be on site during Program sessions. Program sessions shall consist of a minimum of ten hours per week of instruction (excluding recess), to be delivered 1 Page 167 of 314

Mondays through Fridays within the hours of 8:00 a.m. to 4:00 p.m. (exclusive of normal holidays and in-service days), with classes beginning by September 2, 2014 and ending within ten (10) calendar days of May 29, 2015. Specific dates and times of Program sessions will be agreed upon by the parties. The Preschool shall be responsible for insuring that it has obtained and maintains all necessary licenses and permits and is operated in compliance with all state and local laws and regulations. The Preschool shall adopt the Iowa Quality Preschool Program Standards and Criteria and any other required preschool program standards, and provide proof of compliance with same. 1.2 School District. The School District agrees to provide (a) instructional materials at its discretion, which materials shall remain the property of the School District and shall be properly cared for at the Program site; (b) transportation at its discretion to and from the Program site for children as it determines is necessary and convenient and which does not entail additional routes, subject to adequate funding for same; and (c) assistance with professional training and development for the teacher(s) and teacher associates as mutually agreed to by the director and the School District at its discretion and/or as required by law. 1.3 Enrollment. Students seeking to enroll in the Program shall be subject to the enrollment process of the School District and all School District policies and rules. Enrollment priority will be given to students residing in the School District's boundaries. The Preschool agrees that the number of students residing outside of the School District’s boundaries that it enrolls in the Program will not exceed twenty-five percent (25%) of the total number of students that it enrolls in the Program without prior approval from the School District. The Center agrees to enroll children in the Program, and in no case shall there be more than twenty (20) children per classroom. If a student is dropped from the Program, the Center agrees to coordinate with the School District to place a new student in the Program. The Center agrees not to discriminate against any enrollee on the basis of race, color, religion, creed, national origin, disability, sex, sexual orientation, gender identity, or familial status. The Center also agrees to comply with the School District’s policy and rules on preventing and eradicating bullying or harassment of students. 1.4 Personnel. The staff and personnel necessary for the operation of the Program shall be recruited, retained or employed, compensated, trained, evaluated, supervised, disciplined, and discharged by the Preschool. All employees shall have criminal background checks, and child and dependent adult abuse and sexual registry background checks in accordance with School District procedures prior to performing services in the Program. The Preschool agrees to make such records for its employees available to the School District for inspection upon request. The Preschool and the School District agree to cooperate with each other in the investigation of any allegation of physical or sexual abuse by an employee of a child attending the Program. The Preschool agrees not to discriminate on the basis of race, color, religion, creed, national origin, age, disability, sex, sexual orientation, gender identity, political party affiliation, or marital or parental status in the hiring or employment of personnel in connection with this Agreement. 2 Page 168 of 314

Any School District employees providing services under this Agreement shall be required to abide by reasonable rules and regulations of the Preschool relating to use of the Preschool’s premises, including the wearing of identification badges as provided by the Preschool. All services shall be performed by employees or independent contractors who are experienced and skilled in their professions and in accordance with the standards of their professions. The parties agree that the safety of students shall be observed at all times. 2.

Recordkeeping Requirements and Payments. 2.1 Recordkeeping. The Preschool shall keep records of all enrolled children and their dates of attendance and such other data as required by the Act and the regulations of the Department of Education and as required by the School District, including but not limited to assessment data. The Preschool shall submit the list of enrollees and dates of enrollment to the School District by the fifth working day of each month, starting in September 2014. The Preschool shall submit assessment and other data as reasonably requested. 2.2 Payments. The preschool funding level as determined by the State of Iowa for the 2014-2015 school year is $3,183.00 per qualified child. In accordance with Iowa law, the School District will retain five percent (5%) of said amount for administrative costs. The remaining ninety-five percent (95%) of said amount will flow to the Preschool/Center as a combination of five percent (5%) in-kind payment and ninety percent (90%) in-cash payment, provided that the School District receives sufficient sums from the State of Iowa to make the payments and the requirements outlined herein are met. The School District will make the in-kind payment in the form of staff development, GOLD assessments, curriculum, printing, and technical assistance that the School District provides to the Preschool. The School District will make the in-cash payment to the Preschool as follows: (i) immediately following execution of this Agreement, the Preschool will complete a budget worksheet prepared by the School District setting forth all proposed, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Preschool use no more than five percent (5%) of the preschool funding level per qualified child for administrative costs); (ii) the Preschool will submit the completed budget worksheet to the School District along with a list of qualified students currently enrolled in the Program; (iii) within thirty (30) days of the School District’s approval of the documents submitted in accordance with items (i)-(ii), the School District will make payment to the Preschool in the amount of $2,000.00 per qualified child; (iv) after May 1, but on or before May 31, the Preschool will complete a worksheet prepared by the School District setting forth all actual, allowable Program expenses as identified in Chapter 98 of the Iowa Administrative Code and other law as applicable (including the requirement that the Preschool use no more than five percent (5%) of the preschool funding level per qualified for administrative costs); (v) the Preschool will submit the completed worksheet to the School District (vi) based on the documents submitted in accordance with items (iv)-(v), and those previously submitted in accordance with items (i)-(ii), the Preschool and the School District will 3 Page 169 of 314

reconcile any discrepancies in the amount already paid by the School District under the proposed budget and the actual amount incurred by the Preschool for allowable and documented Program expenses; (vii) provided that the documents submitted in accordance with items (i)-(ii) and (iv)-(v) provide a basis for further payment, and the School District approves thereof, the School District will make final payment to the Preschool up to the amount of the remaining $864.70 per qualified child, such payment to be made no later than the expiration of the term of this Agreement; and (viii) if it is determined at any time that there is an overpayment, the Preschool will promptly repay the School District in the amount of such overpayment. The Preschool will maintain documentation of all Program expenses in accordance with required and accepted accounting practices and the School District reserves the right to audit the financial records of the Preschool as they relate to the operation of the Program. The Preschool agrees that it will not charge monthly tuition for students in the Program, nor will it solicit donations from students or their families due to their participation in the Program. To the extent permitted by law, the Preschool may collect allowable fees at registration of up to seventy-five dollars ($75) per student enrolled in the Program from the student’s family. 2.3 Confidentiality. The Preschool agrees to comply with the School District’s policy and regulations on confidentiality of student information and shall instruct and demand such confidentiality by its employees. 3.

Insurance and Indemnification. 3.1 Property Insurance. The Preschool shall insure the site and its contents. In the event of destruction or damage such that the Preschool is not able to perform its services under this Agreement, the School District may elect to terminate this Agreement in accordance with subsection 4.2 of this Agreement. 3.2 Liability Insurance. The Preschool and the School District shall carry Commercial General Liability insurance for protection of each, respectively, from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property in or about the Program site or arising from the performance of their obligations under this Agreement due directly or indirectly to the actions of the insured. Liability policies shall have limits of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) annual aggregate, which limit can be met with a combination of primary and umbrella policies. The policies shall include Professional Liability insurance and shall also cover the parties in the supervision of children in the Program, including coverage for claims of sexual abuse and corporal punishment. Each party shall be solely responsible for its own retentions, co-insurance, and/or insurance deductibles. 3.3 Workers’ Compensation/Employer’s Liability Insurance. The Preschool and the School District shall each be responsible for maintaining Workers’ Compensation insurance for its employees as statutorily required by the State of Iowa and Employer’s Liability insurance.

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3.4 Other Insurance Provisions. All required insurance shall be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. Each party shall be furnished with a certificate of insurance required under subsections 3.1, 3.2, and/or 3.3 of this Agreement upon request. Such policies shall not be modified or cancelled except upon at least thirty (30) calendar days’ prior written notice to the other party to this Agreement. It is specifically agreed that the types and amounts of insurance specified above shall not limit or otherwise affect any party’s obligation to indemnify and hold the other party harmless as provided by the indemnification provisions of this Agreement. The failure of any party to maintain the insurance coverage and limits required by this Agreement shall be considered a material breach of this Agreement. However, the failure of any party to declare another party to be in material breach shall not be deemed a waiver by the party of the right to claim a material breach for a subsequent failure to maintain the required coverage or limits. 3.5 School District’s Indemnification of the Preschool. To the extent permitted by law, the School District will indemnify and hold harmless the Preschool from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the School District’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.5 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.6 Preschool’s Indemnification of the School District. The Preschool will indemnify and hold harmless the School District from and against any and all losses, costs, damages, and expenses, including reasonable attorneys’ fees and expenses, occasioned by, or arising out of, the Preschool’s breach of this Agreement or its negligence or willful misconduct in the performance of its duties under this Agreement. The provisions of this subsection 3.6 shall survive termination of this Agreement with respect to any damage or injury occurring prior to such termination. 3.7 Waiver of Subrogation Rights. The Preschool and the School District each release the other from any claim for recovery for any loss or damages to any of its property which is insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance. 3.8 Claims. Each party shall notify the other party of any claim or any potential claim for bodily injury or property damage to another arising out of the operation of the Program as soon as practical following knowledge of the claim or potential claim. 4.

Term and Termination. 4.1 Term. The term of this Agreement shall commence on the 1st day of September, 2014 and terminate on the 30th day of June, 2015. 4.2 Cause Termination. Either party may terminate this Agreement upon written notice to the other party if the other party fails to comply with any of the provisions of this Agreement, provided written notice of the breach shall be given to the breaching 5 Page 171 of 314

party and the breaching party shall have at least ten (10) days to cure the breach. Either party may terminate this Agreement immediately upon written notice to the other party if the other party becomes the subject of a proceeding under state or federal law for relief of debtors, or if an assignment is made for the benefit of creditors. The School District may terminate this Agreement immediately if the Preschool loses its license or if the School District does not receive funding for this Agreement from the State of Iowa. 4.3 No Cause Termination. Either party may terminate this Agreement prior to the expiration of the term, with or without cause, and without penalty, upon thirty (30) days’ written notice to the other party. 4.4 Final Payments. Upon termination of this Agreement, the School District will pay for all earned fees for services completed up to the effective date of termination, and the Preschool shall return any unearned amounts paid in advance by the School District. The Preschool shall return all School District property and shall submit all required reports and other information. 4.5 Property. All equipment, furniture, capital improvements, and supplies purchased by the Preschool shall be and remain the property of the Preschool. All equipment and supplies purchased by the School District, if any, shall be and remain the property of the School District. Upon termination of this Agreement, the Preschool and the School District shall have sole custody and use of their respective property. It is not contemplated that any real property will be acquired or held for the purpose of carrying out the terms of this Agreement. 5.

Assignment and Subcontracting; Binding. Neither party may assign this Agreement or subcontract any of the duties in whole or in part, without the written agreement of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. The parties agree that janitorial services, food services, or transportation services may be provided by independent contractors.

6.

Status of the Parties. It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a cooperative contractual relationship. In no event shall either party be liable for the debts or obligations of the other party.

7.

No Separate Entity or Joint Board. No separate legal or administrative entity or joint board shall be established to carry out the purposes of this Agreement. The Superintendent of the School District shall be designated as the administrator of the Agreement for purposes of Iowa Code Chapter 28E.

8.

Miscellaneous. 8.1 Headings. The headings of this Agreement are inserted for convenience of reference only and in no way describe or limit the scope or intent of this Agreement or any of the provisions hereof. 6 Page 172 of 314

8.2 Severability. In case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 8.3 Notices. All notices or other communications to be given under this Agreement shall be deemed given when either personally delivered or mailed by first class mail, postage prepaid, with proper address to the following addresses until otherwise notified: TO PRESCHOOL:

West Des Moines United Methodist Church Preschool Attn: Nancy Setchell 720 Grand Ave. West Des Moines, Iowa 50265

TO SCHOOL DISTRICT: West Des Moines Community School District Attn: Dr. Lisa Remy 3550 Mills Civic Parkway West Des Moines, Iowa 50265 8.4 Law. The parties consent to the jurisdiction of the Polk County, Iowa District Court for all matters relating to this Agreement and agree that this Agreement shall be governed by Iowa law. Anything in this Agreement to the contrary notwithstanding, the parties shall refrain from any action which would violate any law, rule, policy, or regulation of any governmental body or agency having jurisdiction over this Agreement. The parties agree to cooperate as needed to assure that all required services and responsibilities are provided and that the Program is operated in compliance with applicable law. 8.5 Entire Agreement. This Agreement supersedes all previous agreements, contracts, addenda, amendments, arrangements, and understandings, and constitutes the entire agreement between the parties. No oral statements or prior written material not specifically incorporated herein shall be of any force and effect and no change in, additions to, or deletions from this Agreement shall be valid unless agreed to in writing by the parties. 8.6 Waiver. The failure of either of the parties to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of this Agreement. 8.7 Force Majeure. Notwithstanding anything contained in this Agreement to the contrary, neither party shall be liable to the other for failure to comply with any obligation under this Agreement (nor shall any charges or payments be made in respect thereof) if prevented from doing so by reason of contingencies beyond the reasonable control of the parties; and all requirements as to notice and other performance required hereunder within a specified period shall be automatically extended to accommodate the period of pendency of any such contingency which shall interfere with such performance. 7 Page 173 of 314

8.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written.

WEST DES MOINES COMMUNITY SCHOOL DISTRICT

WEST DES MOINES UNITED METHODIST CHURCH PRESCHOOL

By: Elizabeth Brennan Title: Board President

By______________________________ Title: ____________________________

_______________________ Attest: By: Elaine Watkins-Miller Title: Board Secretary _______________________

[661903]

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Contract between Polk County Early Childhood Iowa (Board) United Way of Central Iowa (UWCI) as fiscal agent And West Des Moines School District This Contract is effective on July 1, 2014 and is made by and between the Polk County Early Childhood Iowa (BOARD), United Way of Central Iowa as fiscal agent (UWCI), and West Des Moines School District (SERVICE PROVIDER) for Preschool Programming Support for LowIncome Families. In consideration of the mutual covenants contained in this Contract, the sufficiency of which is acknowledged, it is agreed as follows: 1.0

2.0

IDENTITY OF PARTIES 1.1

The Polk County Early Childhood Iowa Board, (referred to in this document as the “Board”) is the issuing entity for this Contract. The Board’s address is: 1111 9th Street, Suite 100, Des Moines, IA 50314.

1.2

West Des Moines School District (referred to in this document as “Service Provider”) is the contracting entity, and is entering into this Contract to provide the products and/or services defined in Section 4 below. The address of the Service Provider is: 3550 Mills Civic Parkway, West Des Moines, IA 50265.

1.3

United Way of Central Iowa is the fiscal agent for the Polk County Early Childhood Iowa Board.

DURATION OF CONTRACT The term of this Contract shall be 7/1/14 through 6/30/15 unless terminated earlier in accordance with Section 5 of this Contract. The Board shall have the option to renew this Contract for up to five additional one (1)-year extensions by giving the Service Provider written notice of the extension decision at least sixty (60) days prior to the expiration of the initial term or renewal term.

3.0

COMPENSATION 3.1

Payment for Performance Clause Payment shall be contingent upon the Service Provider performing the services set forth in Section 4.0 and submitting detailed invoices. The invoices shall be accompanied with appropriate documentation necessary to support all charges included on the invoice. The contract number must be placed on all claims for payment.

3.2

Pricing The Service Provider will be paid for the services described in Section 4.0 a fee not to exceed $93,000 for the contract period. UWCI, as fiscal agent, will make payments. This shall be the total compensation paid to the Service Provider. The Service Provider shall not be eligible for any other compensation or benefits including, but not limited to, insurance, paid leave or retirement.

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3.3

Billings The Service Provider shall submit invoices to the Board for goods and services rendered. The invoices shall be submitted to the Board with appropriate documentation as necessary to support all charges included on the invoices. The Board shall pay all approved invoices. Claims shall be submitted to: Administrative Specialist C/O Polk County Early Childhood Iowa Board 1111 9th Street, Suite 100 Des Moines, IA 50314

4.0

SCOPE OF SERVICES 4.1

The Service Provider shall provide the following services as an independent Service Provider. The Service Provider’s duties shall include, but not be limited to, the following: 4.1.1 Provide high-quality preschool services to low-income children in the designated service area.

4.2

4.1.2

Work to ensure quality standards put forth by the Early Childhood Iowa area are maintained in all programs.

4.1.3

Provide required preschool and kindergarten data to the Board and/or its designees, Child and Family Policy Center and United Way of Central Iowa.

Performance Measures The Service Provider shall provide agreed upon state required performance measures by submitting data biannually on Results Scorecard database. Performance measures may change in response to state or local board requirements. Data related to program services provided July 1, 2014 – December 31, 2014 should be entered by January 23, 2015. Data related to program services provided January 1, 2015 – June 30th, 2015 should be entered into Results Scorecard Database by July 24, 2015. Data required will include following: ECI Statewide Performance Measures: x x x x x x x x x x x

Total # of children served by age (unduplicated) Total # of children served by age (as of September 15) # Prenatal # 0-1 # 1-2 # 2-3 # 3-4 # 4-5 # 5-6 # of funded programs (total) #of funded programs meeting (may select more than one): ___NAEYC Accredited ___NAVCC Accredited ___Head Start

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ECI15-011 Page 176 of 314

x x x x

x 4.3

___IQQPS verified ___QRS level 3 ___QRS level 4 ___QRS level 5 # of children screened for: (list screening) Of those screened , # referred on for additional service or treatment Cost per child # of children demonstrating age appropriate skills. Check all that apply: ___Gold ___Creative Curriculum ___Brigance ___ASQ ___IGDIs ___High Scope ___Ireton Dev Checklist ___Saxon Math ___Locally developed/other # of programs rating a 3 or higher in the QRS system

Monitoring Clause The Service Provider shall submit to the Board a monthly invoice reflecting actual fiscal expenditures associated with Early Childhood Iowa-funded programs. The Board will monitor the performance of the Service Provider bi-annually through the collection of reports to ensure that the Service Provider is meeting the deliverables of the contract and achieving the specified results. The Service Provider will be required throughout the duration of the contract to satisfactorily provide the services described in the Scope of Work Section in order to meet the desired outcomes. Contracted Staff of the Board will observe services of the Service Provider and report to the Board observations not noted in reports. The Board will also be allowed to monitor the work of the Service Provider by observing and/or participating in education programming for participants of said program. This will apply to all subcontracts of Service Provider. The Board reserves the right to conduct on site reviews. Reports will include a summary of services provided; required performance measures data, program expenditures and an inventory log. If the Service Provider determines that the project will not be able to expend all granted funds, the Service Provider agrees to contact the Board prior to April 1, 2015, to negotiate a revision.

4.4

Review Clause The Service Provider shall meet with the Board as requested and provide information for review of the Service Provider’s compliance with the terms of the contract and level of performance. The Service Provider agrees that the Board or the Board’s duly authorized and identified agents or representatives shall have the right to access any and all information pertaining to the contract, conduct site visits,

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conduct quality assurance reviews, review contract compliance, assess management controls, assess contract services and activities, and provide technical assistance. At a minimum, the Service Provider and Board will evaluate achievements of the contract performance targets and results. 5.0

TERMINATION 5.1

Termination Upon Notice Either party may terminate this contract, without penalty and without incurring further obligation, upon 30 days written notice. The Service Provider shall be entitled to compensation for services or goods provided prior to and including the termination date.

5.2

Termination Due to Lack of Funds or Change in Law The Board shall have the right to terminate this contract without penalty by giving thirty (30) days written notice to the Service Provider as a result of any of the following: 5.2.1 5.2.2 5.2.3 5.2.4

6.0

Adequate funds are not appropriated or granted to allow the Board to operate as required and to fulfill its obligations under this Contract; Funds are de-appropriated or not allocated or if funds needed by the Board, at the Board’s sole discretion, are insufficient for any reason; The Board’s authorization to operate is withdrawn or there is a material alteration in the programs administered by the Board; The Board’s duties are substantially modified.

INDEMNIFICATION. 6.1

The Service Provider agrees to defend, indemnify and hold the Board and the state of Iowa, and UWCI and their officers, agents and employees, harmless from any and all liabilities, damages, settlements, judgments, costs and expenses, including legal expenses required to defend the Board or their officers, agents or employees by reason of the failure of the Service Provider to fully perform and comply with the terms of this contract.

6.2

Survives Termination Indemnification obligation shall survive termination of this contract.

7.0

INSURANCE 7.1

Insurance Requirements The Service Provider, and any subcontractor, shall maintain in full force and effect, with insurance companies licensed by the State of Iowa, at the Service Provider’s expense, insurance covering its work during the entire term of this contract and any extensions or renewals. The Service Provider’s insurance shall, among other things, be occurrence based and shall insure against any loss or damage resulting from or related to the Service Provider’s performance of this Contract regardless of the date the claim is filed or expiration of the policy.

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8.0

CONTRACT ADMINISTRATION 8.1

Independent Service Provider The status of the Service Provider, and all subcontractors, shall be that of an independent contractor. The Board shall not provide the Service Provider with office space, support staff, equipment or tools, or supervision beyond the terms of this contract. Neither the Service Provider nor its employees shall be considered employees of the Board for tax purposes. The Board shall not withhold taxes on behalf of the Service Provider (unless required by law). The Service Provider shall be responsible for payment of all taxes, fees and charges when due.

8.2

Compliance With Equal Employment And Affirmative Action Provisions The Service Provider shall comply with all provisions of federal, state and local laws, rules and executive orders including, but not limited to, Equal Employment Opportunity provisions, Occupational Health and Safety Act, Affirmative Action and Civil Rights rules and regulations, licensing requirements, records retention, and audit requirements.

8.3

Compliance with the Law The Service Provider, its employees, agents, and subcontract providers shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations and orders when performing the services under this Contract, including without limitation, all laws that pertain to the prevention of discrimination in employment, equal employment opportunity and affirmative action, and the use of targeted small businesses as subcontractors or suppliers. The Service Provider may be required to provide a copy of its affirmative action plan, containing goals and time specifications. Failure to comply with this provision may cause this contract to be cancelled, terminated or suspended in whole or in part and the Service Provider may be declared ineligible for future state contracts or be subject to other sanctions as provided by law or rule. The Service Provider, its employees, agents and subcontractors shall also comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the work performed under this contract.

8.4

Subcontracting None of the work or services relating to this contract shall be subcontracted to another organization or individual without specific prior written approval by the Board except for subcontracts under $2000. To obtain approval, the Service Provider shall submit to the Board the proposed contract or written contract between the parties. The proposed contract or contract shall contain: (1) A list of the work and services to be performed by the subcontractor. (2) The contract policies and requirements. (3) Provision for the Board, the Service Provider, and any of their duly authorized representatives to have access, for the purpose of audit and examination, to any documents, papers, and records of the subcontractor pertinent to the subcontract. (4) The amount of the subcontract.

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(5) A line item budget of specific costs to be reimbursed under the subcontract or contract or other cost basis for determining the amount of the subcontract as appropriate. (6) A statement that all provisions of this contract are included in the subcontract including audit requirements. (7) Period of performance. (8) Any additional subcontract conditions. Any subcontract or other written contract shall not affect the Service Provider’s overall responsibility and accountability to the Board for the overall direction of the project. If during the course of the subcontract period the Service Provider or subcontractor wishes to change or revise the subcontract, prior written approval from the Board is required. The Service Provider shall maintain a contract administration system which ensures that subcontractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. The Service Provider shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of any subcontract. No employee, officer or agent of the Service Provider or subcontractor shall participate in the selection or in the award or administration of a subcontract if a conflict of interest, real or apparent, exists. 8.5

Authorization Each party to this contract represents and warrants to the other that:

8.6

8.5.1

It has the right, power and authority to enter into and perform its obligations under this contract.

8.5.2

It has taken all requisite action (corporate, statutory, or otherwise) to approve execution, delivery and performance of this contract and this contract constitutes a legal, valid and binding obligation upon itself in accordance with its terms.

Severability If any provision of this contract is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Contract.

8.7

Choice of Law and Forum The terms and provisions of this contract shall be construed in accordance with the laws of the state of Iowa. Any and all litigation or actions commenced in connection with this Contract shall be brought in an appropriate Iowa forum.

8.8

Not a Joint Venture Nothing in this contract shall be construed as creating or constituting the relationship of a partnership, joint venture, (or other association of any kind or agent and principal relationship) between the parties hereto. Each party shall be deemed to be an independent contractor contracting for services and acting toward the mutual

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benefits expected to be derived herefrom. No party, unless otherwise specifically provided for herein, has the authority to enter into any contract or create an obligation or liability on behalf of, in the name of, or binding upon another party to the contract. If the Service Provider is a joint entity, consisting of more than one individual, partnership, corporation or other business organization, all such entities shall be jointly and severally liable for carrying out the activities and obligations of this contract, and for any default of such activities and obligations. 8.9

Assignment and Delegation This contract may not be assigned, transferred or conveyed in whole or in part without the prior written consent of the other party. For purposes of construing this clause, a transfer of a controlling interest in the Service Provider shall be considered an assignment.

8.10

Amendments This contract may be amended in writing from time to time by mutual consent of the parties. All amendments to this contract must be fully executed by both parties.

8.11

Confidentiality Information of the Board which identifies clients and services is confidential in nature. The Service Provider and its employees, agents and subcontractors shall be allowed access to such information only as needed for performance of their duties related to the contract. Service Provider shall not use confidential information for any purpose other than carrying out Service Provider’s obligations under this contract. The Service Provider shall establish and enforce policies and procedures for safeguarding the confidentiality of such data. The Service Provider may be held civilly or criminally liable for improper disclosure. Service Provider shall promptly notify the Board of any request for disclosure of confidential information received by the Service Provider.

8.12

Records Retention and Access The Service Provider shall maintain books, records, and documents which sufficiently and properly document and explain all charges billed to the Board throughout the term of this contract for a period of at least five years following the date of final payment or completion of any required audit begun during the aforementioned five (5) years, whichever is later. Records to be maintained include both financial records and service records. All data and records, including client information, obtained by the contractor, in connection with this contract, shall be made available to the Board. The Service Provider shall permit the Auditor of the State of Iowa or any authorized representative of the State, and where federal funds are involved, the Comptroller General of the United States or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Service Provider relating to orders, invoices, payments, services provided or any other documentation or materials pertaining to this contract, wherever such records may be located.

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8.13

Integration This contract represents the entire contract between the parties and neither party is relying on any representation that may have been made which is not included in this contract.

8.14

Tobacco Smoke Prohibited Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee. Federal programs include grants, cooperative contracts, loans or loan guarantees and contracts. The law also applies to children’s services that are provided in indoor facilities that are constructed, operated or maintained with such federal funds. The law does not apply to children’s services provided in private residences, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applicable federal funds is Medicare or Medicaid, or facilities (other than clinics) where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible party. The Service Provider certifies that it and its subcontractors will comply with the requirements of the Pro-Children Act of 1994 and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The Service Provider shall execute the Certification of Compliance with the Pro-Children Act of 1994 attached as Exhibit A and provide the original certification when it executes this Contract.

8.15

Drug Free Work Place The Service Provider shall provide a drug free workplace in accordance with the Drug Free Workplace Act of 1988 and all applicable regulations

8.16

Suspension and Debarment. The Service Provider certifies pursuant to 2 CFR 180 that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract by any federal board or agency. The Service Provider shall execute the certification regarding debarment attached as Exhibit B.

8.17

Lobbying Restrictions The Service Provider shall comply with all certification and disclosure requirements prescribed by 31 U.S.C. Section 1352 and any implementing regulations and shall be responsible for ensuring that any subcontractor fully complies with all certification and disclosure requirements. The Service Provider shall execute the certification regarding lobbying restrictions attached as Exhibit C.

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8.18

Conflict of Interest No relationship exists or will exist during the contract period between the Service Provider and the Board that is a conflict of interest.

8.19

Compliance with Iowa Code Chapter 8F The Service Provider shall comply with Iowa Code Chapter 8F with respect to any subcontracts it enters into pursuant to this Contract. Any compliance documentation, including but not limited to certifications, received from subcontractors by the Service Provider shall be forwarded to the Board.

8.20

Repayment Obligation In the event that any state and/or federal funds are deferred and/or disallowed as a result of any audits or expended in violation of the laws applicable to the expenditure of such funds, the Service Provider shall be liable to the Board for the full amount of any claim disallowed and for all related penalties incurred. The requirements of this paragraph shall apply to the Service Provider as well as any subcontractors.

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9.0

EXECUTION IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other goods and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the above contract and have caused their duly authorized representatives to execute this contract.

West Des Moines School District By:

Date:

Name: Title: Federal Tax Identification Number:

Polk County Early Childhood Iowa Board By:

Date:

Name:

Judy McCoy Davis

Title:

Board Chair

United Way of Central Iowa (fiscal agent) By:

Date:

Name:

Sarah J. Roy

Title:

Chief Operating Officer

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Exhibit A CERTIFICATION OF COMPLIANCE WITH PRO-CHILDREN ACT OF 1994 Service Provider must comply with Public Law 103-227, Part C Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act). This Act requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments. Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts. The law also applies to children’s services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children’s services provided in private residences, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applicable federal funds is Medicare or Medicaid, or facilities (other than clinics) where WIC coupons are redeemed. The Service Provider further agrees that the above language will be included in any sub-awards that contain provisions for children’s services and that all sub-grantees shall certify compliance accordingly. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1000 per day. Signature: _________________________________________ Title:_____________________________________________ Organization:_______________________________________ Date:______________________________________________

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Exhibit B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -- LOWER TIER-COVERED TRANSACTIONS By signing and submitting this contract, the Service Provider is providing the certification set out below: 1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Service Provider knowingly rendered an erroneous certification, in addition to other remedies available to the Board with which this transaction originated, the board may also pursue available remedies, including suspension and/or debarment. 2. The Service Provider shall provide immediate written notice to the person to whom this Contract is submitted if at any time the Service Provider learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier-covered transaction, participant, person, primary covered transaction, principle, contract, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to when this contract is submitted for assistance in obtaining a copy of those regulations. 4. The Service Provider agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier-covered transaction with a person who is proposed for debarment under 2 CFR 180, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Board with which this transaction originated. 5. The Service Provider further agrees by submitting this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier-Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier-covered transactions. 6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier-covered transaction that it is not proposed for debarment under 48 CFR part 9, sub-part 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. A participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under Paragraph 4 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier-covered transaction with a person who is proposed for debarment under 2 CFR 180, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal

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government, the Board with which this transaction originated may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION--LOWER TIER COVERED TRANSACTIONS (1) The Service Provider certifies, by submission of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the Service Provider is unable to certify to any of the statements in this certification, such Service Provider shall attach an explanation to this contract.

___________________________________ (Signature) ___________________________________ (Date) ___________________________________ (Title) ___________________________________ (Company Name)

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Exhibit C CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that:

A. No federal appropriated funds have been paid or will be paid on behalf of the Sub-Grantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of the Congress, an officer or employee of the Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of the Congress, or an employee of a member of Congress in connection with this contract, grant, loan, or cooperative agreement, the applicant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Service Provider shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C.A. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: _________________________________________

Title:_____________________________________________

Organization:_______________________________________

Date:_______________________________________________

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Page |1

The Conley Group, Inc. Security Services Agreement THIS AGREEMENT is made on July 1, 2014, between the West Des Moines Community School District, West Des Moines, Iowa, herein called “Client”, and The Conley Group, Inc., Urbandale, Iowa, herein called “Agency”. RECITALS: 1. Agency is in the business of furnishing commercial security by means of providing mobile patrols, professional security officers, and other modern methods of risk management and protection. 2. To deter and prevent vandalism and thefts on its premises, Client wishes to employ the services of Agency. For the reasons recited above, and in consideration of the mutual covenants contained herein, Client and Agency agree as follows: A. Services To Be Performed. Agency will furnish properly equipped unarmed security officers to perform security services for Client at the Valley High School complex located at 3650 Woodland Avenue in West Des Moines, Iowa. This service includes providing services at other

locations or areas as may be designated by Client. Agency will provide on-site security officers to Client at Valley High School in accordance with the needs of Client and in conjunction with the On-The-Job Instruction manual. Any special instructions regarding the

nature and scope of security duties for Client, and the hours of service, will be specified as a part of the On-The-Job Instruction Manual. Agency may also furnish additional security services to Client at any Client property or venue and by mutual agreement of Agency and Client. The charges for services for any additional security services will be negotiated separately and will be approved by Client before any such services are provided by Agency. B. Term. The above services will begin on July 1, 2014. The initial term of this agreement shall expire on June 30, 2015. At the agreement’s expiration date of the initial term, this agreement shall continue in force until one of the parties gives thirty (30) days written notice to the other party of termination of this Agreement. C. Charges For Services. For these services, Client shall pay Agency nineteen dollars and ninety-three cents ($19.93) per hour. Charges for each month will be due on a Net 20 day basis. Rates are subject to adjustment if the schedule of security services is adjusted,

provided that Agency shall notify Client at least thirty (30) days in advance of any adjustment to services and/or rates and such adjustment must be approved by Client before it is effective.

D. Agency Not An Insurer. It is agreed by and between the parties that Agency is not insurer and the payment of charges for services are based solely on the value of the services. Agency shall not be responsible for loss or damage to property of Client caused by acts of vandalism, breaking and entering, theft, burglary, or other causes. Agency is not warranting prevention of damages from such causes, but rather through its services attempting to provide a deterrent to the commission of such offenses. E. Duties Of Agency. (1) In addition to duties specified in the patrol schedule and Section A, the personnel of Agency shall: (a) conduct regular exterior tours of Client’s premises, checking all gates, doors, and windows; (b) report any unusual incidents or hazardous conditions as soon as practicable to such persons as designated by Client; (c) complete a written report covering all incidents at the conclusion of each tour. (2) In the pursuance of this Agreement, Agency agrees to: (a) equip and maintain an organization capable of furnishing the highest type of public relations and security patrol services; (b) instruct each employee to continually improve his knowledge of all phases of security and protection; (c) keep all employees informed of new methods and procedures through its education facilities; (d) keep abreast of legislative and other matters pertaining to security and keep Client informed, if necessary; (e) maintain new and practical techniques of protection; (f) select its employees with utmost care and maintain records of the background of each employee and a record of his or her conduct and accomplishments while a member of Agency’s organization, and ensure all employees providing security services to Client are properly licensed by the State of Iowa to perform security services in accordance with Iowa law; (g) maintain employer-employee relationships that will promote the greatest efficiency from each individual member of Agency, in the interest of Client; (h) maintain records of the activities of personnel while on duty so as to be able to furnish Client with an accurate account of the activities of the patrol officers covering Client’s premises. F. Emergencies. Any immediate emergencies are to be reported by the uniformed patrol without delay to Client, police, fire or other authorities, as appropriate. G. Specific Duties Of Uniformed Security. Specific duties describing the nature and scope of the uniformed security officers’ work shall be specified in the patrol schedule, but generally will include the physical protection of grounds, equipment and property of Client, deterrence of burglary, vandalism, pilferage and robbery, and reporting of emergencies. All security officers will act on its own initiative at the direction of Agency. Their personal appearance, attitudes, and manner of performance will at all times reflect a favorable public image, both for Client and Agency. Copyright © 2000-2013 The Conley Group, Inc. All rights reserved.

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Page |2

H. Uniformed Security As Employees Of Agency. The uniformed security officers performing Agency’s duties under this Agreement will be employees of Agency and Agency will exercise complete control over their conduct and will pay all wages, expenses, social security taxes, federal and state unemployment insurance, and any similar taxes relating to said employees. Agency is an independent contractor of Client. I. Indemnification Of Client. Agency will indemnify Client from and against any and all losses or damages which Client may sustain by reason of damage to property or injury to or death of any person, or for any losses or damages sustained by Client from false arrest,

false imprisonment, malicious prosecution, libel or slander, or assault and battery or similar type of offense caused by the negligence of Agency, its servants, employees, or agents, while engaged in the services arising out of and within the scope of the performance of this Agreement, other than to the extent they arise out of the negligence of Client and other than those amounts paid in settlement of any claim or litigation effected without the consent or approval of Agency.

J. Hiring Of Security By Client. Client agrees that it will not, for a period of at least one (1) year after termination of this Agreement, hire for Client’s own employment as security, any persons employed by Agency in the performance of this Agreement. K. Confidentiality. Any non-public information provided by Client to Agency shall remain the property of Client and be treated as confidential by Agency. Agency shall not use any such confidential information for any purpose not intended by this Agreement, nor shall Agency disclose any such confidential information outside of Agency except where such disclosure is required by law. L. Compliance. Agency’s performance hereunder shall comply with all applicable federal, state, and local laws, including but not limited to legal restrictions against sex offenders on school property. The safety of Client’s students shall be observed at all times to the extent reasonably possible within the Agency’s control and in conjunction with the On-The-Job Instruction Manual. Agency shall work with and assist the Client and/or law enforcement authorities when necessary and Agency’s employees shall appear in school disciplinary and/or legal proceedings as necessary. Also, if at any time Client has reason to believe that any employee of Agency is not satisfactory for good cause, as determined in Client’s reasonable discretion, Client shall notify Agency, and Agency shall remove the employee at the earliest possible time after receipt of notification. M. Notices. Any notice or other communication given hereunder or in connection herewith shall be sufficiently given if in writing and (a) sent by certified mail or overnight courier, postage or delivery costs prepaid and return receipt requested, (b) sent by facsimile transmission, or (c) delivered personally, to the parties hereto at the following addresses or to such addresses as the parties may from time to time provide in accordance herewith: (i) notice to Client shall be sent to: Bob Young, Operations Bldg., 2102 Delavan Dr., West Des Moines, Iowa 50265; (ii) notice to Agency shall be sent to: Tom M. Conley, 2867 104th Street, Urbandale, Iowa 50322. Such notice shall be deemed given on the date on which personally served or, if by mail, on the third (3rd) day after being posted or on the date of actual receipt, whichever is earlier, or if by facsimile transaction with confirmation of receipt, one (1) business day after sent or the time of actual receipt, whichever is earlier. N. Assignment. This Agreement shall bind and benefit the parties and their respective successors and assigns. However, this Agreement shall not be assigned or otherwise transferred by either party hereunder without the prior written consent of the other party. O. Forum; Severability. Any dispute arising under this Agreement shall be maintained in the appropriate federal or state court for Polk County, Iowa. Should any provision of this Agreement be held invalid by a court of competent jurisdiction, the validity of the remaining provisions of this Agreement shall not be affected thereby any invalid provisions. P. Entire Agreement. This agreement represents the whole and entire Agreement between the parties. No other agreements or representations, oral or written, have been made by either party. This agreement may not be altered, modified or amended except in writing properly executed by the parties hereto. This agreement shall be interpreted under the laws of Iowa. IN WITNESS WHEREOF, this Agreement is executed as of the date first above written. CLIENT: WEST DES MOINES COMMUNITY SCHOOL DISTRICT BY: Printed Name:

, Board President

AGENCY: THE CONLEY GROUP, INC. BY: Tom M. Conley

Digitally signed by Tom M. Conley DN: cn=Tom M. Conley, o=The Conley Group, Inc., ou, [email protected], c=US Date: 2014.07.15 15:32:24 -05'00'

Printed Name: Tom M. Conley, President & C.E.O. ********************************NOTHING FOLLOWS*********************************

Copyright © 2000-2013 The Conley Group, Inc. All rights reserved.

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