Agendas - Fairfield-Suisun Unified School District

Fäirfield-Suisun Unified School District 

“Our Mission is to Provide a Quality Educational System that Assures Opportunities 

for Every Student to Learn and Meet the Challenges of the Future” 

GOVERNING BOARD REGULAR MEETING 

OCTOBER 13, 2011 

5:00 P.M. — CLOSED SESSION/6:00 P.M. - OPEN SESSION 

FAIRFIELD-SUISUN UNIFIED CENTRAL OFFICE 

BOARD ROOM #108 

2490 HILBORN ROAD 

FAIRFIELD, CALIFORNIA 

AGENDA 

[Members of the public wishing to address specific items on the Board meeting agenda are requested to complete and submit a Request to 

Speak form prior to the calling of the first person speaking to the specific item then being discussed by the Board (Governing Board Policy 

9323). Request to Speak forms should be turned into the Secretary of the Board (Superintendent). For items not on the Board meeting agenda, 

see Item VII, Public Communication. A person with a disability may contact the Superintendent’s office at 399-5009 at least 24 hours before the 

scheduled Board meeting to request receipt of an agenda in an alternative format or to request disability-related accommodations, including 

auxiliary aids or services, in order to participate in the public Board meeting.] 

Key to Relate Agenda Items to District Goals Adopted July 14, 2011: 

Goal I: Implementation, support and monitoring of the approved LEA Plan for Program Improvement. 

Goal II: Maintain a safe environment for students and staff. 

Goal Ill: Maintain fiscal solvency and effective use of District resources. 

Goal IV: Maintain positive District and community relations. 

Goal V: To function as a continually effective Governance Team 

CALL TO ORDER IN OPEN SESSION — (5:00 p.m.) 

A. Approval of the Agenda — Action 

B. Reading of Closed Session Items 

C. Public Comment on Closed Session Agenda 

Any member of the public may address the Board regarding items on the Closed Session agenda. 

Each speaker is allowed three (3) minutes. 

RECESS AND RECONVENE IN CLOSED SESSION for discussion and possible action on matters 

of student discipline, personnel, negotiations, and litigation: 

A. Student Disãipline (Education Code §41918(c)) (District Goal II): 

• Consideration of Student Expulsion Case Nos. 001-1112 through 003-1 112 

B. Conference with Labor Negotiators (Government Code §54957.6(f)): (District Goal III) 

• Board to discuss negotiations regarding the District and the Fairfield-Suisun Unified 

Teachers Association (F-S UTA); California School Employees Association (CSEA) 

Chapter #302, Office, Technical and Business Services Unit; California School 

Employees Association (CSEA) Chapter #302, Support/Operations Unit; Mutual 

Organization of Supervisors (MOS); and the Fairfleld-Suisun Management Association 

(FSMA). District negotiators present will be Ron Hawkins, Assistant Superintendent, 

Human Resources; Rob Martinez, Director, Human Resources; and Kelly Morgan, 

Assistant Superintendent, Business Services. 

C. Public Employee Discipline/Dismissal/Release (Government Code §54957) 

(District Goals II and III)

RECONVENE IN OPEN SESSION (6:00 p.m.) 

A. Call to Order, 6:00 p.m. 

B. Report of Action Taken in Closed Session (if applicable) 

C. Opening Statement (Optional) 

D. Roll Call: 

David Gaut 

David C. Isom 

Kathleen Mar anno 

PerryW. Polk 

Patricia Shamansky 

Helen Tilley 

E. Pledge of Allegiance to the Flag of the United States of America 

IV COMMUNICATIONS 

A. Recognitions: 

1. Introduction of Fairfield-Suisun Unified School District Students of the Month: 

• Marion Washington, Cordelia Hills Elementary School 

• Taylor Eckroate, Crescent Elementary School 

• RukI1i AvilOs, Fairview Elementary School 

• Katherine Rivas, Cleo Gordon Elementary School 

B. Presentations 

C. Superintendent’s Report 

V CONSENT CALENDAR 

[Items on the Consent Calendar are considered routine and are typically considered in a single motion. Staff will be prepared to 

present background information for Board discussion upon request. There will be no discussion on these items prior to the time the 

Board votes on the motion unless members of the Board request specific items to be discussed andlor removed from the Consent 

Calendar. Members of the public wishing to address specific items on the Consent Calendar are requested to complete and submit a 

Request to Speak form prior to the Board taking action on the Consent Calendar.] 

• Items to be pulled from the Consent Calendar 

• Public Comment on Consent Calendar 

• Approval of Consent Calendar 

A. EDUCATIONAL SERVICES PAGE 

1. Approval Of Student Expulsion Case No. 001-1112 (District Goal IV 

2. Approval of Student Expulsion Case No. 002-1112 (District Goal II) 

3. Approval Of Student Expulsion Case No. 003-1112 (District Goal II) 

B. BUSINESS SERVICES 

1. Acceptance of Donations to the District (District 110 

2. Approval of Declaration of District Obsolete and Surplus Equipment 2 

and AuthOrization to Sell at Public Auction, or Disposal at the Public 4 

Dump (District Goal III) 

3. Approval of the 2011-2012 Operations Application for the K-3 7 

Class Size Reduction (District Goal III) 

4. Approval of Award of Bid #998-12 for the Lambert Road Water Line 12 

RelocatiOn Project to Carone & Company, Inc. (District Goal III) 

5. Approval of Memorandum of Understanding Between the 13 

Fairfield-Suisun Unified School District and the City of Fairfield 

to Provide School Resource Officers (District Goal II)

V CONSENT CALENbAR (continued) PAGE 

C. HUMAN RESOURCES 

1. Approval of Personnel Action Report 11 12-5a (Certificated Hires, Leaves, 29 

Retirements, and Resignations) (District Goals I and Ill) 

2. Approval of Personnel Action Report 11 12-5b (Classified Hires, Leaves, 31 

Retirements, and Resignations) (District Goals I and III) 

3. Approval of Addendum #2 to Certification of High School Fall Sports 33 

Coaches for the 2011-2012 School Year (District Goal II) 

D. SUPERINTINDENT/ADMINISTRATION/GOVERNING BOARD 

1. Approväi of the Minutes of the Governing Board Special Meeting Held 36 

on September 15, 2011, and the Governing Board Regular Meeting 

Held on September 22, 2011 (District Goal V) 

END OF CONSENT CALENDAR 

VI ACTION ITEMS DISPOSITION PAGE 

A. EDUCATIONAL SERVICES 


1. Public FIearing for Resolution No. 08-1112, Dedication of PUBLIC HEARING 45 

an Easenent for Access and Utilities to the Solano 

Irrigation District at Suisun Valley Elementary School 

(District ‘oals III and IV) 

2. Approvalof Resolution No.08-1112, Dedication of an ACTION 46 

Easement for Access and Utilities to the Solano Irrigation 

District á Suisun Valley Elementary School 

(District Goals Ill and IV) 

3. Approval Of Resolution No. 09-1112, Refunding of 2002 ACTION 50 

Series General Obligation Bond (District Goal Ill) 


D. SUPERINTE DENT/ADMINISTRATION/GOVERNING BOARD 

1. Review ‘hd Potential Approval of Revised Board IN FORMATION/ACTION 197 

Policy 1020, Youth Services (District Goal V) 

2. Review hd Potential Approval of Revised Board INFORMATION/ACTION 202 

Policy 1160, Political Processes(District Goal V) 

3. Review and Potential Approval of Revised Board INFORMATION/ACTION 211 

Policy 1230, School-Connected Organizations 

(District Goal V) 

4. Review ahd Potential Approval of Revised Board INFORMATION/ACTION 215 

Policy 1240, Volunteer Assistance (District Goal V) 


Policy 1250, Visitors/Outsiders (District Goal V) 


Policy 131, Solicitation of Funds From and By 

Students ?‘District Goal V) 

VII PUBLIC COMMUNICATION 

[This is the opportunity for the public to address items that are not on the Board meeting agenda. Public 

comment is only permitted on matters within the subject matter jurisdiction of the Board. Please submit 

a Request to Speak form before the first speaker is called and limit your comment to three (3) minutes.]

VIII INFORMATION ITEMS DISPOSITION PAGE 

[All (°) marked items are considered routine. Staff will be prepared to present background information for Board discussion upon request.] 

A. EDUCATIONL1L SERVICES 

01 Review of Quarterly Report on Williams Uniform INFORMATION 228 

Complaints (District Goals I, II, and Ill) 

2. WestEd Partnership: Past, Present, and Future INFORMATION 230 

(District Goal l 

3. Local Educational Agency (LEA) Plan Report: INFORMATION 231 

Advancement Via Individual Determination (AVID) 

(District Goal I,) 



1. Review Of Proposal to Extend the Term of the INFORMATION 232 

Em ployrliEnt Agreement for Assistant Superintendent 

of Educational Services Kristin Corey to June 30, 2013, 

By Amehdment (District Goals I, II, Ill, IV and V) 

2. Review of Proposal to Extend the Term of the INFORMATION 234 

Employnlent Agreement for Assistant Superintendent 

of Business Services Kelly Morgan to June 30, 2013, 

By Amehdment (District Goals I, II, III, IV and V) 

D. SUPERINTENDENT/ADMINISTRATION/GOVERNING BOARD 

IX REVIEW BOARD GCVERNANCE CALENDAR 

X BOARD SUBCOMFUTTEE REPORTS AND MEMBER INFORMATION 

XI ADJOURNMENT 

THE NEXT REGULAR MEETING OF THE GOVERNING BOARD: 

THURSDAY, OCTOBER 27,2011 

5:00 P.M. CONVENE (THEN RECESS INTO CLOSED SESSION), BOARD ROOM, ROOM #108 

6:ÔOP.M. RECONVENE IN OPEN SESSION, BOARD ROOM, ROOM #108 

LOCATION: 

FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT CENTRAL OFFICE 

2490 HILBORN ROAD, FAIRFIELD, CALIFORNIA 

For information regarding Fairfield-Suisun Unified School District, please visit our website: 

www.fsusd.kl 2.ca.us 

AGENDA PACKETS ARE AVAILABLE FOR REVIEW AT THE FOLLOWING LOCATIONS: 

• A full Board agenda packet is available for review at the Central Office of the Fairfield-Suisun Unified School District, Superintendent’s Office, 2490 

Hilborn Road, Fairfield, CA (7:30 am. — 4:30 p.m., Monday through Friday, excluding school district holidays) 

• Writings distributed to all or a ma)ority of the Board within 72 hours of the posted Board meeting are available for review in the Central Office of the 

Fairfield-Suisun Unified School District, Superintendent’s Office, 2490 Hilborn Road, Fairfield, CA (7:30 a.m. — 4:30 p.m., Monday through Friday, 

excluding school district holidays) and on the District’s website: www.fsusd.k12.ca.us 

• Board agendas are posted at the nain entrance of the Central Office at 2490 Hilborn Road, Fairfield, CA, as well as the Fairfield and Suisun Post 

Offices and the Solano County Government Center. 

• The Board agenda is posted on the District’s website: www.fsusd.k12.ca.us 

In compilance with Brown Act regulatons, this agenda was legally posted no later than 4:30 p.m. on October 7, 2011, at 2490 Hilborn Road, Fairfield, CA 

dir

Fairfield-Suisun Unified School District 

AGENDA ITEM: V-A-i thru V-A-3 

CONSENT CALENDAR 

CATEGORY: EDUCATIONAL SERVICES 

TITLE: Approval of Student Expulsion Case Nos. 001-1112 through 

003-1112 (District Goal II) 

SUBMITTED BY: Kris Corey, Assistant Superintendent of Educational Services 

PREPARED BY: Andrew Green-Ownby, Executive Director, Pupil Services 

SUMMARY 

INFORMATION: N/A 

FINANCIAL 

IMPLICATIONS: Possible loss of ADA 

FUNDING SOURCE: Unrestricted General Fund 

MOTION: Move to approve Student Expulsion Case Nos. 001-1112 through 

003-1112 

SUPERINTENDENT’S 

RECOMMENDATION: Motion to approve. 

DATE: October 13, 2011 

1


AGENDA ITEM: V-B-i 


CATEGORY: BUSINESS SERVICES 

TITLE: Acceptance of Donations to the District (District Goal Ill) 

SUBMITTED BY: Iy Morgan, Assistant Superintendent of Business Seices 

SUMMARY 

INFORMATION: 

Donors Purpose/Description Reciiient Cash Non-Cash 

Donation Donation 

Fairfield 4th Ward Relief Society Assorted School Supplies Cleo Gordon Elem. $ 100 

Cindy Balenesi 13 Reams of Paper Nelda Mundy Elem. 65 

Michael & Faith Maul Books Grange Middle 40 

Jacki Cottingim-Dias Unrestricted Fairfield-Suisun USD $ 650 

Chevy’s Banquet & Awards Armijo Student Body 349 

Cordelia Hills PTA Unrestricted Cordelia Hills Elem. 516 

Prakash Desal Sports Rodriguez High Student Body 30 

Leonard Dombrowski Unrestricted Oakbrook Elem. 129 

E-Scrip Urestricted Nelda Mundy Elem. 21 

Vickie Good Unrestricted Fairfield-Suisun Adult School 125 

Traci Griffin Unrestricted Suisun Elem. 60 

Hope Christian Church Unrestricted Oakbrook Elem. 100 

Hope Christian Church Unrestricted Cordelia Hills Elem. 100 

Larissa lonin Unrestricted Cordelia Hills Elem. 75 

Sade Jones Unrestricted Fairfield High 31 

Jamba Juice Unrestricted Nelda Mundy Elem. 22 

Jamba Juice Unrestricted Crescent Elem. 141 

Laurel Creek PTA Unrestricted Laurel Creek Elem. 1,000 

David A. Nelson Unrestricted Suisun Elem. 120 

Network for Ed. Access Unrestricted Instructional Support Services 500 

Oakbrook PTA Unrestricted Oakbrook Elem. 2,400 

PG&E Unrestricted Laurel Creek Elem. 88 

PG&E Unrestricted Sullivan Middle 51 

PG&E Unrestricted Nelda Mundy Elem. 105 

PG&E Unrestricted Crescent EIem. 354 

Johnae Powell Unrestricted Suisun Elem. 57 

Maria Santos Unrestricted Fairfield-Suisun Adult School 100 

Target Unrestricted Laurel Creek Elem. 407 

Target Unrestricted Oakbrook Elem. 186 

Target Unrestricted Sullivan Middle 129 

Target Unrestricted Suisun Elem. 184 

Target Unrestricted Cleo Gordon Elem. 40 

Target Unrestricted Grange Middle 110 

Wells Fargo Unrestricted Fairfield High 91 

Wells Fargo Unrestricted B.Gale Wilson Elem. 120 

2 

TOTALS: $ 8,391 $ 200

V-B-I 

Acceptance of Donations to the District (District Goal Iii) 

Page 2 

Cash Non-Cash 

CUMULATIVE TOTALS FOR 201 1-2012 $ 19,783 $ 3,319 

TOTALS for 2010-11 SCHOOL YEAR 177313 48,608 

TOTALS for 2009-10 SCHOOL YEAR 226,298 45,278 






FINANCIAL 

IMPLICATIONS: As stated above 

FUNDING SOURCE: General Fund 

MOTION: Move to accept these gifts as presented and that the Superintendent be 

directed to send a letter of appreciation to each donor 


RECOMMENDATION: Motion to approve 


3

- AGENDA 

FairfieldSuisun Unified School District 

ITEM: V-B-2 



TITLE: Approval of Declaration of District Obsolete and Surplus 

Equipment and Authorization to Sell at Public Auction, or 

j/NI? isposa! at the Public Dump (District Goal) 

SUBMITTED BY: (V’1eIly Morgan, Assistant Superintendent of Business Services 

PREPARED BY: 1Fadi Daher, Director of Purchasing and Contract Services 

SUMMARY 

INFORMATION: There are several categories of District equipment and 

furniture that are being recommended for sale at the auction or 

disposal. Computers and related equipment are continuously 

being upgraded due to technological advancements or to 

replace systems that are no longer operational. It would be 

cost prohibitive to schedule repair for the items that are 

summarized on the attached list. Older equipment is 

transferred to auction so parts can be sold to outside firms. 

Furniture related items that are a potential safety hazard or 

cannot be repaired are recommended for disposal at the public 

dump. 

Upon the Governing Board’s declaration of these items as 

surplus property and authorization for disposal, the Director of 

Purchasing will initiate procedures for disposal and auction 

sale. 

FINANCIAL 

IMPLICATIONS: To be determined 

MOTION: Move to approve the Declaration of Obsolete and Surplus 

Equipment and Authorization to Sell at Public Auction, or 

Disposal at the PubNc Dump 




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AGENDA ITEM: V-B-3 



TITLE: Approval of the 2011-2012 Operations Application for K-3 Class 

Size Reduction (District Goal Ill) 

SUBMITTED BY: 4) )()lly Morgan, Assistant Superintendent of Business Services 

PREPARED BY: ‘ Anne Oestreich, District Accountant 

SUMMARY 

INFORMATION: The K-3 Class Size Reduction Program was established in 1996- 

97 to improve the educational program, especially in reading and 

mathematics for children in grades K-3. 

School districts who wish to participate in the K-3 Class Size 

Reduction Program must reapply each year. The application 

includes an estimate of enrollment for each class level and 

estimated funding for the school year. It is important to note that 

the application is only a vehicle to start the flow of funds and that 

final funding will be based on the actual number of classes 

reported on the J-7CSR form in May. Applications must be 

certified by the District’s Governing Board. 

In school year 2011-2012, funding for Option One classes is 

$1,071 per pupil. Full funding is provided for enrollment averages 

from the first day of instruction through April 15 that does not 

exceed an average ratio of I teacher per 20.44 students: 

• Classes of 20.45 to 21.44 receive 95% of the full funding 

level 


level 


level 


level 

• Classes of 24.95 or greater receive 70% of the full funding 

level 

While most of the District’s classes are no longer at Class Size 

Reduction levels of 20:1, they still qualify for a reduced level of 

funding and the classes at QEIA sites qualify for full funding. 

7

Item No: V-B-3 

Approval of the 2011-2012 Operations Application for K-3 Class Size Reduction 

Page 2 

FINANCIAL 

IMPLICATIONS: Estimated total funding for school year 2011-2012 is $4,092,291 

FUNDING SOURCE: N/A 

MOTION: Move to approve 2011-2012 Operations Application for K-3 Class Size 

Reduction 




8

California Department of Education Page 1 

(Rev. 7/11) 

County Solano 

2011-12 Operations Application 

K-3 Class Size Reduction Program 

District FairfieldSuisun U.S.D. Charter School* 

Contact Person Anne Oestreich Title District Accountant 

County and District Code Charter School Code* 

14181 7101514101 11111 I I 

For use only by charter schools applying independent of their authorizing 

entity. Do not submit a separate application for charter schools that were 

included in their authorizing entity’s 2008-09 through 201 0-1 1 applications. 

Address 2490 Hilborn Rd City, Zip Code Fairfield, CA 94534 

Telephone 707-399-5024 Ext. E-mail Address anneo(fsusd.org 

Certifications 

As a condition of applying for and receiving funds under the Kindergarten and Grades One through Three Class Size Reduction (K 

3 CSR) Program, commencing with California Education Code (EC) Section 52120, the Governing Board of the above named 

school district or charter school (applicant) certifies that the statements below are true and accurate, and are evidenced by a Board 

Resolution or entry in the Board meeting minutes. Please do not submit the Resolution or minutes to the California Department of 

Education (CDE): 

1. The number of classes participating in Option One and Option Two is identified and the total number of classes does not 

exceed the total number of classes identified on the 2008-09 Operations Application. [EC Section 52 123(a), 52124.3(b), Title 5 

California Code of Regulations Section 151 033 

2. The pupil counts reported do not include special education pupils enrolled in special day classes full time, pupils enrolled in 

independent study, or charter school pupils enrolled in a home study program. [EC Section 52 123(b)] 

3. A certificated teacher has been hired by the applicant and is providing direct instructional services to each class participating in 

the K-3 CSR Program. [EC Section 52 123(c)] 

4. The applicant will provide a staff development program for any teacher who will participate for the first time in the K-3 CSR 

Program as specified in Certification #3. Appropriate training to maximize the education advantages of class size reduction will 

be provided to such teachers. This training shall include, but not be limited to, methods for providing each of the following: (1) 

individualized instruction, (2) effective teaching, including classroom management in smaller classes, (3) identifying and 

responding to pupil needs, and (4) opportunities to build on the individual strengths of pupils. [EC sections 52123(d), 52127] 

5. The applicant will collect and maintain data required by the State Superintendent of Public Instruction for evaluation of the K-3 

CSR Program. The data shall include, but not be limited to, individual test scores or other records of pupil achievement. Any 

data collected will be protected in a manner that will not permit the personal identification of any pupil or parent. EEC section 

52123(e)] 

6. Each class participating in the K-3 CSR Program is housed in either a separate, self-contained classroom or the space 

- schoolyear. 

provided for each participating class for each grade level at that schoolsite is of a square footage per pupil enrolled in each 

class that is not less than the average square footage per pupil enrolled in those grade levels at that schoolsite in the 1995-96 

EEC.. section 52123(f)] 

7. Priority for reducing class size or claiming reduced funding for classes exceeding 20.44 pupils is in accordance with the 

following grade level implementation requirements at each schoolsite: 

- If only one grade level is reduced/claimed, the grade level will be 1st grade. 

- If two grade levels are reduced/claimed, the grade levels will be 1st and 2nd grades. 

- If three or four grade levels are reduced/claimed, the grade levels will be 1St and 2nd and then any combination of 

kindergarten and/or 3rd grade. 

8. The K-3 CSR Program has been implemented in the current year. A district is considered to have implemented the program 

even if it claims reduced funding for all eligible classes. 

9. The applicant wilt submit final enrollment counts on the Form J-7CSR to the CDE by May 11, 2012. 

Signature 

I hereby certify that, to the best of my knowledge, this application is true and correct and is in compliance with State law and 

regulations of the California Department of Education and the State Board of Education. The Governing Board of the above named 

school district or charter school has authorized me to sign this application on its behalf. 

(1 9//// 

SitW of 9(rict e3rin”tendft or Printe Name J () Date 

CLarter Schçfol Chief Adminl ti-atke Officer 

S4 l4fZd. c&’

California Department of Education 

(Rev 7111) 

County Solarto 

District Fairfield-Suisun U.S.D. - 

O11-12 Operations Application 


Charter 

Page 2 

County and District Code Charter School Code* 

I48I I°II°I III I 

School 

*For use only by charter schools applying independent of their authorizing 


included in their authorizing entity’s 2008-09 through 201 0-11 applications. 

Intended Level of Program Participation in 2011-12 

Check the appropriate box below and, as noted, submit the required pages of the Operations 

Application to the CDE. This information is for planning purposes and to continue the flow of funds. 

The calculation of final entitlements will be based on actual enrollment data submitted on the 

Form J-7CSR. For more information, please see the Application Instructions. 

1. The district/charter school intends to participate in the 2011-12 K-3 CSR Program at 

the same level (number and size of classes) as reported on the 2010-11 Form J 

7CSR. The February 2012 apportionment will therefore be based on the 

district/charter school’s 2010-11 final entitlement. If this box is checked, complete 

and submit only pages 1 and 2 of this application to the CDE. 

2. The district/charter school intends to participate in the 2011-12 K-3 CSR Program at 

a higher or lower level than what was claimed on the 2010-11 Form J-7CSR (but 

capped at the number of classes reported on the 2008-09 Operations Application). 

The February 2012 apportionment will therefore be based on the information 

reported on page 3 of this application. If this box is checked, complete and 

submit pages 1 through 3 of this application to the CDE. 

3. The district/charter school does not intend to participate in the 2011-12 K-3 CSR 

Program at either full or reduced funding. If this box is checked, complete and 

submit only this page of the application to the CDE. A signature below is 

necessary only if the district/charter school is not participating in the 2011-12 

K-3 CSR Program. 

Sinattirorof strict urintendent or Prntd Nam,) 

Da 

( V (JY 

Mail the required pages of this application by September 28, 2011 (postmark) to: 

Rebecca Lee CDE, School Fiscal Services Division — 1430 N Street, Suite 3800 — Sacramento, CA 95814

California Department of Education 

(Rev. 7111) 

County Solano 

District Fairfield-Suisuh U.S.D. 

V 

2011-12 Operations Application 


Page 3 

County and District Code Charter School Code 

I48I 7I05l40 H 

Charter School* 

For use only by charter schools applying independent of their authorizing 


included in their authorizing entitys 2008-09 through 2010-11 applications. 

Calculation of Provisional Funding for 2011-12 (February 2012 payment) 

These calculations are for planning purposes and to continue the flow of funds. The calculation of 

final entitlements will be based on actual enrollment data submitted on the Form J-7CSR. 

Option 0 e 

Numberof Numberof 2011-12 

Class Size Classes Enrolled Pupils Funding Level Estimated Allocation 

a 20.44 pupils or fewer 63 1,236 $1,071 $1,323,756 

b 20.45 to 21.44 7 V 

c 21.45 to 22.44 

d 22.45 to 22.94 . 

V 

2. 

V V V 

147 

95% $142,443 

22 90% $19,278 

.46 85% $36,414 

a 22 95 to 24 94 3 65 80% $51,408 

f 24.95 pupils orgreater 168 •‘ 

5,063 

70% $2,518,992 

g Subtotal, Option 1 244 6,579 $4,092,291 

Opio 0 , - . V 

—2045to21 44-=---- 95% $0 

ZV 2495 pupils or greater ‘ 

V VV Option 

20.44 pupils or fewer 

I 22.95 to44 VV 

ZVVV 

ft. I:VVV_SMbtpta1,V0pti0n 2zzV V 

1 ÷Option2 VVVVV 

.;:V..VVV..VVVV.. 

V ‘ 

V 

•VVVVVVVVVV . 

‘ ,V V V 

V 70% 

...0°7o VVVV 

VVVV VVV $0 

V 85% $0 

$0 

Complete this page only if box 2 on page 2 was checked. Mail the entire 

3-page application by September 28, 2011 (postmark) to: 

Rebecca Lee — CDE, School Fiscal Services Division 

V 

V 

V 

V $535 

244 6579 

$0 

*The total number of classes reported on the application may not exceed the total number of classes reported on the 

2008-09 Operations Application. 

80% 

1 1430 N Street, Suite 3800 — Sacranento, CA 95814 

$0 

$0 

$4,092,291


AGENDA ITEM: V-B-4 



TITLE: Approval of Award of Bid # 998-12 for the Lambert Road Water Line 

Relocation Project to Carone & Company, Inc. (District Goal Ill) 

SUBMITTED BY: Kelly Morgan, Assistant Superintendent of Business Services 

PREPARED BY: Fadi Daher, Director of Purchasing and Contract Services 

SUMMARY 

INFORMATION: The District has solicited bids for the Lambert Road Water Line 

Relocation project. Bid results are hereby listed. Award is 

recommended to the lowest bidder, in accordance with the bid 

solicitation documents. 

FINANCIAL 

IMPLICATIONS: $104,300.00 

Company Name Total 

Associated Constructors, Inc $114,900.00 

Atlas Peak Construction $123,230.00 

Carone & Company, Inc. $104,300.00 

D. R. Lemings Construction $107,200.00 

J & M, Inc. $121,700.00 

Lister Construction, Inc. $146,440.00 

Martin General Engineering, Inc. $123,181.00 

W.R. Forde Associates $219,418.00 

FUNDING SOURCE: County School Facilities Fund (SB5O) 

MOTION: Move to approve the award of Bid # 998-12 to Carone & Company, 

Inc. for the Lambert Road Water Line Relocation project. 




12


AGENDA ITEM: V-B-S 



TITLE: Approval of Memorandum of Understanding between the Fairfield 

Suisun Unified School District and the City of Fairfield to Provide 

School Resource Officers (District Goal II) 

SUBMITTED BY: elly Morgan, Assistant Superintendent of Business Services 

PREPARED BY: Fadi Daher, Director of Purchasing and Contract Services 

SUMMARY 

INFORMATION: The District has solicited police services from the City of Fairfield for 

its middle school and high school sites. 

FINANCIAL 

IMPLICATIONS: $152,319.25 

FUNDING SOURCE: General Fund 

The City of Fairfield has submitted the attached Memorandum of 

Understanding to provide School Resource Officers for the District’s 

secondary schools for the 2011-2012 school year. Fairfield High 

School, Armijo High School and Rodriguez High School will each be 

assigned one dedicated officer. Grange Middle School, Sullivan 

Middle School and Green Valley Middle School will be collectively 

assigned one shared officer. 

MOTION: Move to approve the attached Memorandum Of Understanding 

between the Fairfield-Suisun Unified School District and the City of 

Fairfield to provide School Resource Officers 




13

WHEREAS, 

SCHOOL RESOURCE OFFICER AGREEMENT 

MEMORANDUM OF UNDERSTANDING 

BETWEEN 

FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT 

AND 

CITY OF. FAIRFIELD 

RECITALS 

A. The City is a municipal corporation located in the County of Solano, State of 

California, and has its principal place of business for purposes of Police 

Department services at 1000 Webster Street, Fairfield, California 94533. 

B. The District is a public school district in the County of Solano, State of California, 

and has its administrative offices located at 2490 Hilborn Road, Fairfield, CA 

94534. 

C. The District desires to engage the services of the City to provide police services 

as described in this Agreement on each of its high school and middle school 

campuses, and the City desires to render such services on the terms and 

conditions set forth in this Agreement. 

D. California Education Code section 35160.1 authorizes a public school district to 

carry on programs, including the expenditure of funds for programs and activities 

which are necessary or desirable in meeting the district’s needs and are not 

inconsistent with the purposes for which the funds were appropriated. 

E. The City’s Police Department possesses the special experience, knowledge and 

expertise necessary for the performance of the special services required by this 

Agreement. 

WHEREAS, the Parties recognize that in order to fulfill the District’s obligation to 

deliver educational services to the children of the community it is essential that a safe 

school environment be maintained; and 

WHEREAS, pursuant to Education Code 44807, District teachers are required to 

hold pupils to a strict account for their conduct on the way to and from school, on the 

playgrounds and during recess; and 

WHEREAS, pursuant to Education Code 44807 in carrying out their duties, 

District certified employees are legally privileged to exercise the same degree of 

1 

14

physical control over pupils that a parent would be privileged to exercise so long as the 

amount of physical control reasonably necessary to maintain order, protect property, or 

protect the health and safety of pupils, or to maintain proper and appropriate conditions 

conducive to learning are not exceeded; and 

WHEREAS, it is the intent of the Legislature of the State of California as 

expressed in Education Code 32280 that school districts work in cooperation with local 

law enforcement agencies, including local police departments among others, who may 

be interested in the prevention of campus crime and violence, to develop a 

comprehensive school safety plan which provides for strategies aimed at the prevention 

of, and education about potential incidents involving crime and violence on school 

campuses that address the safety concerns identified through a systematic planning 

process; and 

WHEREAS, Education Code 32281 authorizes school districts to develop an 

action plan in conjunction with local law enforcement agencies for implementing 

appropriate safety strategies and programs; and 

WHEREAS, as set forth in Education Code 32250 the Legislature has recognized 

that crime, including vandalism and violence, has reached an alarming level at school 

sites throughout California and has further recognized that there is a need for dealing 

with the complex problems of crime and violence at school sites and for developing 

effective techniques and programs to combat crime and violence at school sites; and 

WHEREAS, the Legislature has created in the Department of Education, a 

School Safety and Security Resource Unit, which has as its function the provision of 

technical assistance to school districts which are developing and implementing 

programs to deal with crime and violence at school sites; and 

WHEREAS, pursuant to Education Code 32261 the Legislature has recognized 

that all pupils enrolled in the state schools have the inalienable right to attend classes 

on campuses which are safe, secure and peaceful; and 

WHEREAS, the Legislature further recognized that school crime, vandalism, 

truancy and excessive absenteeism are significant problems on far too many school 

campuses in the State; and 

WHEREAS, as set forth in Education Code 32261, the Legislature has found and 

declared that the establishment of an interagency coordination system is the most 

efficient and long lasting means of resolving school and community problems or truancy 

and crime, including vandalism, drug and alcohol abuse, gang membership and gang 

violence; and 

WHEREAS, pursuant to Education Code 32261, it is the intent of the Legislature 

to encourage California public schools to develop comprehensive safety plans that are 

the result of a systematic planning process that includes strategies aimed at the 

2 

15

prevention of and education about potential incidents involving crime and violence on 

school campuses and that address the safety and concerns of local law enforcement 

and other interests in the prevention of school crime and violence; and 

WHEREAS, pursuant to Education Code 32261, it is the intent of the Legislature 

to encourage school districts and law enforcement agencies to develop and implement 

interagency strategies, service training programs and activities that will improve school 

attendance and reduce the rates of school crime including vandalism, drug and alcohol 

abuse, gang membership and gang violence; and 

WHEREAS, pursuant to Education Code 32262, the Legislature has established 

School/Law Enforcement Partnership comprising the Superintendent of Public 

Instruction and the Attorney General which has as its duties the development and 

administration of programs, policies, procedures and activities in furtherance of 

campuses which are safe, secure and peaceful: and 

WHEREAS, pursuant to Penal Code 832.2, it is the intent of the Legislature to 

ensure the safety of pupils, staff and the public on or near California’s public schools by 

providing school peace officers with training that will enable them to deal with the 

increasing diverse and dangerous situations they encounter; and 

WHEREAS, pursuant to Education Code 35183, the Legislature had found and 

declared that the children of California have the right to an effective public school 

education including the constitutional right to be safe and secure in their persons at 

school: and 

WHEREAS, pursuant to Education Code 35183, the Legislature has further 

found that children in many of the State’s public schools are forced to focus on the 

threat of violence and the message of violence continued in many aspects of our 

society, particularly reflected in gang regalia that disrupts the learning environment; and 

WHEREAS, the Legislature has further found, as set forth in Education Code 

35183, that weapons including firearms and knives have become commonplace upon 

even our elementary school campuses and that students often conceal weapons by 

wearing clothing such as jumpsuits and overcoats and by carrying large bags; and 

WHEREAS, the Legislature has required the Office of Criminal Justice Planning 

in collaboration with the State Department of Education to develop a model gang 

violence, suppression and substance abuse prevention curriculum: and 

WHEREAS, pursuant to Education Code 51268, the California State Department 

of Education is required by the Legislature to encourage school districts to avoid 

duplication of efforts with regard to education programs for the prevention of drug, 

alcohol and tobacco abuse through coordination of the local planning and 

implementation of State programs with local criminal justice and education agencies 

and other entities; and 

16

WHEREAS, the United States Congress, in adopting the Federal Safe and Drug 

Free Schools and Communities Act of 1994, 20 USC of 7101 et seq., found as follows: 

1. The widespread illegal use of alcohol and other drugs among the Nation’s 

secondary school students and increasingly by students in elementary schools 

as well constitutes a grave threat to such students’ physical and mental well 

being and significantly impedes the learning process. 

2. Our Nation’s schools and communities are increasingly plagued by violence and 

crime. Approximately three million thefts and violent crimes occur in or near our 

Nation’s schools every year; the equivalent of more than sixteen thousand 

incidents per school day. 

3. Violence that is linked to prejudice and intolerance victimizes entire communities 

leading to more violence and discrimination. 

4. The tragic consequences of violence and the illegal use of alcohol and drugs by 

students are felt not only by students and such students’ families, but by such 

students and communities and the Nation which can ill afford to lose such 

students’ skills, talents and vitality. 

5. Drug and violence prevention programs are essential components of a 

comprehensive strategy to promote school safety and reduce the demand for 

and use of drugs throughout the Nation. 

6. Schools and local organizations and communities throughout the Nation have a 

special responsibility to work together to combat the growing epidemic of 

violence and illegal drug use and should measure the success of their programs 

against clearly defined goals and objectives. 

WHEREAS, pursuant to 20 USC 7114(d), the United States Congress 

encourages law enforcement education partnerships including: 

1. Comprehensive community-wide strategies to prevent or reduce illegal gang 

activities; 

2. Supporting “safe zones of passage” for students between home and school 

through such measures as drug and weapon-free school zones, enhanced law 

enforcement and neighborhood patrols. 

WHEREAS, that in order to successfully implement a school safety program for 

the Fairfield-Suisun Unified School District it must: 

1. Be consistent with State and Federal legislative enactments; 

17

2. Reflect the City’s independent authority and justification for a decision to place 

police on school sites; 

3. Reflect the distinction between the broad duties and responsibilities which are to 

be performed by City Police Officers, in lieu of District hired security guards, in 

that City Police Officers: 

A. Have broader authority and powers than security guards possess; 

B. Have more extensive experience in a wider range of circumstances 

related to the problems now facing City schools than security guards 

possess; 

C. By virtue of their City police status, project a higher level of authority than 

security guards; 

D. Provide an integrated working unit with other members of the City police 

department and law enforcement agencies in general, such as the District 

Attorney’s Office and Probation Department; 

E. Can be supervised and assigned in a coordinated and comprehensive 

manner by City police supervisors in relationship to other police officers 

and City services; 

F. Can better support a coordinated City-wide program rather than merely 

focusing on “school-related” problems; 

G. Can provide more effective deterrence of crime, through their presence 

and providing a high profile by: 

• Acting as role models; 

• Discouraging gang activities; 

• Discouraging drug and alcohol abuse; 

• Organizing efforts to drive drug dealers away from areas around the 

schools; 

• Working on safety issues. 

18

TERMS OF AGREEMENT 

NOW, THEREFORE, in consideration of the mutual promises and 

understandings herein, the Parties agree as follows: 

1 Term. This Agreement shall commence on July 1, 2011 and shall continue 

through the fiscal year untH June 30, 2012, unless sooner terminated, as set forth in 

paragraph 6 of this Agreement. 

2. Payment. The District shall pay the City, for police officer services rendered 

under this Agreement, and pursuant to Exhibit A, incorporated and made a part of this 

Agreement, one hundred fifty-two thousand three hundred nineteen dollars and twenty- 

five cents ($152,319.25). The payment is for the services of four School Resource 

Officers (SRO). 

The City shall provide the SRO with the use and presence of a City police vehicle, 

including mileage, at no additional cost to the District. The City shall submit annual 

invoices to the District to the ATTN: Director of Secondary Education, Fairfield/Suisun 

Unified School District, 2490 Hilborn Rd., Fairfield, CA 94534-1072. 

3. Independent Contractor. The relationship between the Parties under this 

Agreement shall be one of independent contractor. The police officers who provide 

services under this Agreement shall not be employees or agents of the District and are 

not entitled to participate in any District pension plans, retirement, health and welfare 

programs, or any similar programs or benefits, as a result of this Agreement. 

The police officers rendering services under this Agreement shall not be employees of 

the District for federal or state tax purposes, or any other purpose. The City shall be 

responsible for tax withholding as requested by the police officers. Each police officer 

shall be solely responsible for payment of any tax liability arising out of that officer’s 

compensation for services performed under this Agreement. 

The District assumes no liability for workers’ compensation for assigned police officers. 

The City shall be responsible for carrying its own workers’ compensation insurance and 

health and welfare insurance for all police officers who render services under this 

Agreement. The District shall not withhold or set aside income tax, Federal Insurance 

Contributions Act (FICA) tax, unemployment insurance, disability insurance, or any 

other federal or state funds whatsoever, it shall be the sole responsibility of the City to 

account for all of the above, and the City agrees to hold the District harmless from any 

liability for these taxes. 

4. Indemnification. 

A. The City shall defend, indemnify and hold harmless the District, its officers, 

1 96

agents and employees from any and all loss, including attorneys’ fees, sustained 

by the District by virtue of any damages(s) to any person(s), firm or corporation 

that may be injured by or to any property that may be damaged by the sole fault 

or negligence of the City, its officers, agents or employees. 

B. The District shall defend, indemnify and hold harmless the City, its officers, 

agents and employees from any and all loss, including attorneys’ fees sustained 

by the City by virtue of any damage(s) to any person(s), firm, or corporation who 

may be injured by or to any property that may be damaged by the sole fault or 

negligence of the District, its officers, agents or employees. 

C. The indemnification provisions contained in this Agreement include any 

violation of applicable law, ordinance, regulation or rule, including where the 

claim, loss, damage, charge or expense was caused by deliberate, willful, or 

criminal acts of any Party to this Agreement, or any of their agents, officers or 

employees or their performance under the terms of this Agreement. 

D. It is the intent of the Parties that where negligence is determined to have 

been shared, principles of comparative negligence will be followed and each 

Party shall bear the proportionate cost of any loss, damage, expense and liability 

attributable to that Party’s negligence. 

E. Each Party shall establish procedures to notify the other Party, where 

appropriate, of any claims or legal actions with respect to any of the matters 

described in this indemnification section. 

5. Insurance. Prior to the commencement of services and during the term of this 

Agreement, the City shall provide the District with a current certificate of policy 

evidencing its comprehensive general liability insurance coverage in a sum not less 

than $1,000,000 per occurrence. The City shall also provide the District with a written 

endorsement to such certificate of policy naming the District as an additional insured, 

and such endorsement shall also state, “Such insurance as is afforded by this policy 

shall be primary, and any insurance carried by the District shall be excess and 

noncontributory.” Any and all insurance coverage may be provided by a Joint Powers 

Authority or other self-insurance program. 

Prior to the commencement of services and during the term of this Agreement, 

the District shaH provide the City with a current certificate of policy evidencing its 

comprehensive general liability insurance coverage in a sum not less than $1,000,000 

per occurrence. The District shall also provide the City with a written endorsement to 

such certificate of policy naming the City as an additional insured, and such 

endorsement shall also state, “Such insurance as is afforded by this policy shall be 

primary, and any insurance carried by the City shall be excess and noncontributory.” 

Any and all insurance coverage may be provided by a Joint Powers Authority or other 

self-insurance program. 

20 

7

6. Termination. This Agreement may be terminated by either Party at any time 

prior to the end of the term, with or without cause, upon delivery of a written Notice of 

Intent to Terminate to the other Party. Such notice shall be served by personal delivery 

or certified or first-class mail, postage prepaid, and shall be deemed received upon 

personal delivery or five (5) days after the mailing date, whichever is sooner. The date 

of termination shall be the date that is thirty (30) calendar days after the date on which - 

the Notice of Intent to Terminate is received. In the event of termination, the District 

shall compensate the City for services rendered to the date of termination. 

7. Assignment. This Agreement is for personal services to be performed by the 

City. Neither this Agreement nor any duties or obligations to be performed by the City 

under this Agreement shall be assigned without the prior written consent of the District. 

In the event of an assignment by the City to which the District has consented, the 

assignee or his, her or its legal representative shall agree in writing with the District to 

personally assume, perform and be bound by all covenants, obligations and 

agreements contained in this Agreement. 

8. Notices. Any notices, requests, demands or other communications required or 

permitted to be given under this Agreement shall be in writing and shall be deemed to 

have been duly given on the date of service if served personally on the Party to whom 

notice is to be given, or on the fifth day of mailing if mailed to the Party to whom the 

notice is to be given, by first-class mail, registered or certified, postage prepaid, or on 

the day after dispatching by Federal Express or another overnight delivery service, and 

properly addressed as follows: 

DISTRICT: Fairfield/Suisun Unified School District 

2490 Hilborn Rd. 

Fairfield, CA 94534-1072 

ATTN: Director of Secondary Education 

CITY: City of Fairfield 

1000 Webster Street 

Fairfield, CA 94533 

ATTN: Captain Frank Mihelich 

9. Entire Agreement. This Agreement contains the entire agreement between the 

Parties and supersedes all prior understandings between them with respect to the 

subject matter of this Agreement. There are no promises, terms, conditions, or 

obligations, oral or written, between the Parties relating to the subject matter of this 

Agreement that are not fully expressed in this Agreement. This Agreement may not be 

modified, changed, supplemented or terminated, nor may any obligations under this 

Agreement be waived, except by written instrument signed by the Parties. 

10. Binding on Successors and Assigns. This Agreement shall inure to the 

benefit of and be binding upon the Parties and their successors. 

218

11. Severability. Should any term or provision of this Agreement be determined to 

be illegal or in conflict with any law of the State of California, the validity of the 

remaining portions or provisions shall not be affected thereby. Each term or provision of 

this Agreement shall be valid and enforced as written to the fullest extent permitted by 

law. 

12: California Law. This Agreement shall be construed in accordance with and 

governed by the laws and decisions of the State of California. 

13. Ratification of Board of Education. This Agreement is not enforceable and is 

invalid unless and until it is approved and/or ratified by the governing board of the 

Fairfield-Suisun Unified School District, as evidenced by a motion of said board duly 

passed, and adopted, in compliance with the provisions of Education Code sections 

35161 and 35163. 

FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRiCT 

BY: 

Kelly Morgan, Assistant Superintendent Business Services 

CITY OF FAIRFIELD 

BY: 

Sean P. Quinn, City Manager 

APPROVED AS TO FORM: 

BY:_--VZ-— ( (. ( 

9Jrf1eId City Attorney 

lj 

/ 

22

PURPOSE 

EXHIBIT A 

A prosperous future for the citizens of Fairfield depends, in large measure, upon the 

District’s ability to properly educate its children. Effective schooling requires a safe and 

orderly environment in which learning can occur. Consequently, the City of Fairfield 

Police Department (referred to as “City”), in collaboration with the Fairfield-Suisun 

Unified School District (referred to as “District”), conducts the School Resource Officer 

(SRO) Program in order to provide school administrators and staff with law enforcement 

resources and expertise they need to maintain safety, order, and discipline in the school 

environment. The SRO Program is intended to ensure that no student’s right to receive 

an education is abridged by violence or disruption. 

The program involves the assignment of a sworn police officer to a public school as a 

School Resource Officer (SRO). In accordance with staffing availability and the 

demonstrated needs of the school, the City will assign a SRO to the school(s) agreed 

upon within this Memorandum of Understanding. 

With daily interaction between the school’s administration and the SRO, it is important 

to establish, maintain, and update specific guidelines and procedures to be followed by 

the SRO and individual school administrators. This Memorandum of Understanding 

clarifies the roles of the SRO and the school administrators, the scope of their authority, 

and the responsibilities of the District and City in this collaboration. The success of the 

SRO Program relies on effective communication between the SRO, the principal, and 

other key staff members in each organization. 

ORGANIZATION RELATIONSHIPS 

The SRO is directly accountable to the Patrol Division, and is functionally accountable 

to any Police Department supervisor who has responsibility for the task involved. The 

SRO has no direct supervisory responsibilities. 

DUTIES AND RESPONSIBILITIES 

SCHOOL RESOURCE OFFICER 

A. The SRO is a sworn City police officer assigned to provide the law enforcement 

expertise and resources to assist school staff in maintaining safety, order, and 

2310

discipline within their assigned school(s). The SRO will be maintaining safety, 

order and discipline within their assigned school(s). The SRO will be considered 

an active member of the administrative team in his/her assigned school(s). 

B. The SRO’s assigned school buildings, grounds, and surroundings will be the 

equivalent of the SRO’s patrol area, and he/she assumes primary responsibility 

for handling all calls for service and coordinating the response of other police 

resources to the school. Al) criminal activity that comes to the attention of the 

principal or school staff shall be reported immediately to the SRO or to the Police 

Department. In an emergency situation, the school shall call 911 and also notify 

the SRO. In a non-emergency situation, the school should notify the SRO or call 

the non-emergency line at the Police Department (428-7300) if the SRO is not 

available. Information that is not of an emergency nature may be held for action 

by the SRO upon his/her return to duty. 

C. The SRO duty schedule will be determined by the SRO Supervisor, but will 

generally be arranged to provide coverage throughout the school day including 

peak arrival and departure times before and after school. Whenever possible, 

the SRO will be visible patrolling the exterior and interior grounds, particularly 

during the opening or closing of school and during the lunOh periods. 

D. The SRO shall wear the police uniform and operate a marked police patrol 

cruiser while on duty unless otherwise authorized by a supervisor for a specific 

purpose. The SRO provides a visible deterrent to crime and a positive 

representative of the Police Department to students and staff. 

E. The SRO shall also assist with training for the school administration in law 

enforcement and related matters. Information about crime trends and changes in 

laws relevant to schools shall be disseminated to the school administrative staff 

to assist them in effectively establishing and maintaining safe school 

environments. 

F. The SRO may also become involved with the school’s curriculum and provide 

instruction that will enhance the students’ understanding of the police mission 

and the responsibilities of citizenship. However, responding to incidents or 

conducting investigations will always take precedence over instructing in the 

classroom. Lesson plans for all formal, organized presentations shall be 

forwarded to the SRO Supervisor for review and approval prior to presentation. 

G. SROs shall be responsible for monitoring the social and cultural environment to 

identify emerging youth gangs. 

H. When it is in the best interest of the Department and the school, SROs may 

make formal presentations to, or participate in, school-based community 

organization meetings such as Parent Teacher Association and School Advisory 

Council meetings. Participation in other activities such as panel discussions, 

241

mentoring programs, and community coalitions or task forces must be approved, 

in advance, by the SRO Supervisor. - 

Programs conducted in schools by other Divisions of the Police Department shall 

be coordinated with the SRO to avoid redundant services and to ensure 

equitable distribution of such programs and services. 

J. A critical element of the SRO program is an open relationship and strong 

communication between the school principal and the SRO. Each SRO shall 

meet weekly or more frequently if necessary, with the assigned school principal 

for the purpose of exchanging information about current crime trends, problem 

areas, or other areas of concern which have potential for disruption in the school 

or within the community. 

K. Other duties and responsibilities of the SRO include proper disposal of illegal 

substances recovered by the school and not needed for criminal prosecution, 

maintaining familiarity with the schools’ student rules and regulations, attending 

and providing testimony at school disciplinary hearings, upon request. 

TRAINING AND SUPERVISION 

The SRO Supervisor shall ensure that open lines of communication are in place 

between the schools and the Police Department. A weekly meeting with the SROs shall 

be arranged, and the SRO Supervisor shall meet with the school principals at least 

twice per school year. To the extent that schedules permit, the initial SRO Supervisor! 

Principal meeting should be held prior to the start of the school year and be devoted to 

reviewing school/Police Department expectations and clarifying any operational 

procedures. The second meeting should occur mid-year and involve a preliminary 

evaluation of the SRO’s performance as well as the identification and resolution of any 

developing issues. The SRO Supervisor shall address any concerns regarding the 

performance of the SRO. Principals are to be consulted prior to the selection of a new 

SRO to determine any special needs or concerns to be taken into consideration in 

selection of the SRO. The City shall be solely responsible for the training and 

supervision of each police officer who provides services to the District under this 

agreement. The City shall retain full authority to direct and control the activities of the 

police officers and supervise and discipline the officers in accordance with City policies 

and procedures. 

SCHOOL PRINCIPAL 

It is the responsibility of the school principal to facilitate effective communication 

between the SRO and the school staff. The principal of the school should meet on a 

weekly basis with the assigned SRO. This meeting shall not be delegated to other 

administrative staff on a regular basis. 

22

The school principal will designate a work area for the SRO that is equipped with a 

telephone. The SRO shall be provided school-based radio communications equipment 

used by school administrators and monitors, It is recommended that the area have a 

locked storage area for securing evidence or contraband. The SRO shall be 

responsible for arranging for the destruction of any illegal substances that will not be 

used for prosecution. 

The principal shall meet twice yearly with the SRO Supervisor, and at other times at the 

request of either Party when needed to ensure adequate communication between the 

school and the Police Department. Upon request, the principal shall provide information 

to the SRO Supervisor to assist in preparing for the annual evaluation of the SRO’s 

performance. Principals are encouraged to consult with the SRO Supervisor prior to the 

selection of a new SRO to share any relevant information on the needs and concerns of 

the particular school. 

POLICE INVESTIGATION AND QUESTIONING 

The SRO will follow the guidelines established in the Rodriquez High School Settlement 

Agreement dated 6/5/09. With certain exceptions, the investigation and questioning of 

students during school hours or at school events should be limited to situations where 

the investigation is related to the school. Investigations and questioning of students for 

offenses not related to the operation of or occurring at the school would occur in such 

situations where, for example, delay might result in danger to any person, flight from the 

jurisdiction by the person suspected of a crime or destruction of evidence. All criminal 

and non-criminal contact with a student or faculty member during school hours by an 

investigating officer(s) should be coordinated through the SRO. 

The SRO shall provide information to the appropriate investigative sections of any 

crime(s) or leads that come to the attention of the SRO. The SRO should be kept 

advised of all investigations that involve students from his/her assigned school. 

The principal shall be notified as soon as practical of any significant enforcement 

actions taken by the SRO or investigating officer(s). 

ARREST PROCEDURES 

School Resource Officers are expected to be familiar with school rules and their 

application with the school. 

The following procedures should be adhered to where arrests of students or staff 

become necessary: 

13 

26

A. The arrest of a student or school staff member with a warrant or petition should 

be coordinated through the SRO with prior notification to the principal and 

accomplished after school hours, when practical. 

B. Arrests of students or school staff members during school hours or on school 

grounds shall be reported to the principal as soon as practical. 

C. Persons whose presence on school grounds has been restricted or forbidden, or 

whose presence is in violation of the law, shall be arrested for trespassing. 

D. Discretion and good judgment by the SRO may determine alternative action 

other than arrest. 

SEARCH AND SEIZURE 

The SRD shall not become involved in administrative (school related) searches unless 

specifically requested by the school to provide security, protection, or for handling of 

contraband. These searches must be at the direction and control of the school official. 

At no time shall the SRO request that an administrative search be conducted for law 

enforcement purposes or have the administrator act as his or her agent. 

Any search by an officer shall be based upon probable cause and, when required, a 

search warrant should be obtained. Stop and frisk will remain an option when there is 

reasonable suspicion that a criminal act has been committed or may be committed, or 

that the suspect may be armed. 

ADMINISTRATIVE HEARINGS 

The SRO may attend suspension and/or expulsion hearings upon the request of the 

school principal. The SRO shall be prepared to provide testimony on any actions that 

were taken by the officer and any personally observed conduct witnessed by the officer. 

The SRD shall make available any physical evidence. Any evidence presented at any 

administrative hearing by the SRO is the responsibility of the SRO. 

The SRO shall not provide any official police department juvenile record to the school 

during an administrative hearing. As a general rule, release of such information is 

prohibited by law unless such documents are subpoenaed by the school through the 

appropriate court. 

POLICE SERVICES 

The City hereby agrees to provide to the District police services as described below: 

14 

27

A. Four fully uniformed police officer shall be assigned to work as School Resource 

Officer at the following District schools: 

1. Fairfield High School, 205 E. Atlantic Ave., Fairfield, CA 94533-1626 

2. Armijo High School, 824 Washington St., Fairfield, CA 94533-5541 

3. Rodriguez High School, 5000 Red Top Rd., Fairfield, CA 94534-9527 

4. Grange Middle School, 1975 Blossom Ave., Fairfield, CA 94533-8010 

5. Sullivan Middle School, 2195 Union Ave., Fairfield, CA 94533-3240 

6. Green Valley Middle School, 1350 Gold Hill Rd., Fairfield, CA 945334- 

6422 

One SRO will be assigned to each high school location (3 total). One SRO shall be 

assigned to the three middle schools (collectively). 

The SRO assigned to the schools will make every effort to be on the campus before 

school, during the lunch period, and after school. When the SRO is not on campus or 

performing patrol duties, they will be expected to conduct truancy activities in and 

around their campus and the city. 

The SRO will work a 4/10 schedule with Monday or Friday off and be available between 

7:00am and 5:00pm. The officers working on Monday or Friday will be available to 

assist at other schools as needed if the matter cannot wait for the officer to return from 

his/her days off. If an emergency exists, the school staff should immediately call the 

Fairfield Police Department dispatch center (911) and request a patrol officer 

immediately. 

2


AGENDA ITEM: V-C-i 


CATEGORY: HUMAN RESOURCES 

TITLE: Approval of Personnel Action Report ii 12-5a 

(Certificated Hires, Leaves, Retirements, and Resignations) 

(District Goals I and lii) 

SUBMITTED BY: Ronald K. Hawkins 

Assistant Superintendent, Human Resources 

SUMMARY INFORMATION: 

1. Approve Employment of 

Certificated Personnel: PositionlLocation: Effective 

Susan Lucas History 7-8/BGW (40%) 08/29/11 

Rachel Perkins Math 8/CRYSTAL 09/06/11 

Robert Scarcia, Jr. Grade 2-3/MGLC (temporary) 09/26/11 

Leslie Serbousek Grade 4-5/DOR (temporary) 09/20/11 

Leslie Skog Library Media Teacher/ADULT (temporary) 09/26/11 

Aneta Sperber Photography/RHS (40%) 08/29/11 

Romi Trutanich Grade 2/DOR (temporary) 09/19/11 

2. Approve Transfer of 

Certificated Personnel: Position!Location: Effective 

Kathleen Baziuk-White Grade 4/LC (temporary) 08/29/11 

3. Approve Leave of Absence: Position!Location: Effective 

Carla N. Campbell Grade 2/RH 09/13/11-10/14/11 

Arica M. Henry PsychologistlDAW/SV 09/12/11-1 0/17111 

Kelly Kamisky Grade 5/NM 01/09/12-06/15/12 

Sarah Parker Music/MGLC 09/19/11-11/10/11 

Megan Taylor Grade 5/TOL 11/04/11-12/16/11 

4. Accept Retirement of: Position!Location: Effective 

Lorraine B. Booker Grade 1-2/DOR 12/16/11 

29

Agenda Item: V-C-I 

Approval of Personnel Action Report 111 2-5a 

(Certificated Hires, Leaves, Retirements, and Resignations) 

Page 2 

5. Accept Resignation of: PositionlLocation: Effective 

FINANCIAL 

Marlene Long Grade 5/ERS 06/22/11 

Rosemary Riley-Louissaint Teacher on Special Assignment/CO 06/17/11 

IMPLICATIONS: Salaries will be paid according to appropriate salary schedule. 

FUNDING SOURCE: Salaries will be paid from the appropriate budget accounts. 

MOTiON: Move to approve Personnel Action Report I 112-5a 


(Certificated) as presented. 



30


AGENDA ITEM: V-C-2 



TITLE: Approval of Personnel Action Report 11 12-5b 

(Classified Hires, Leaves, Retirements, and Resignations) 

(District Goals I and Ill) 



SUMMARY INFORMATION: 

1. Approve Employment 

of Classified Personnel: PositionlLocation: Effective 

Jorge Albarran Translator/ENG. LEARN. SERVS. 09/20/11 

Marva Davis Instructional Assistant/ADULT (hourly) 07/01/11 

Sarah Hernandez Bilingual Stipend/ELEM. ED. (stipend) 05/01/12 

James LaCour Noon Duty/CRYSTAL (hourly) 09/12/11 

Thomas Mathews AVID Tutor/FHS (hourly) 08/23/11 

Meghan McCloskey Typist Clerk/PUPIL SERVS. 09/06/11 

Luz Aida Moreno Noon DutyIGV (hourly) 08/15/11 

Van Nguyen AVID Tutor/RHS (hourly) 09/12/11 

Elizabeth Ortega Student Worker Il/ADULT (hourly) 08/22/11 

Donovan Palatino AVID Tutor/RHS (hourly) 09/12/11 

Susan Ratterman Medication DispensinglGV (stipend) 05/01/12 

Iliana Santellan AVID Tutor/RHS (hourly) 09/12/11 

Keishonn Saunders Student WorkerIAHS (hourly) 09/07/11 

Jaspreet Singh AVID Tutor/RHS (hourly) 09/12/11 

2. Approve Request for 

Short Term Classified: PositionlLocation: Effective 

Denise Dewey Typist Clerk/FOOD SERVS. (hourly) 09/08/11-09/23/11 

Laurette Glover Typist Clerk/FOOD SERVS. (hourly) { 09/01/11-09/02/11 

{ 09/07/11 

3. Approve Leave of Absence: PositionlLocation: Effective 

Romeo C. Corpuz Custodian/KIJ/BGW 09/19/11-09/30/11 

Carla Haro Bus Driver/TRANSP. 09/05/11-11/15/11 

Mike lnabnett Maintenance 1/MAINT. 09/16/11-10/28/11 

31

Agenda Item: V-C-2 

Approval of Personnel Action Report 1112-5b 

(Classified Hires, Leaves, Retirements, and Resignations) 

Page 2 

4. Accept Resignation of: PositionILocation: Effective 

Ibonni V. Coronel Paraeducator/Sp. Ec1JDAW 09/30/11 

Laurie M. Hopkins Cafeteria Assistant/ERS 09/08/11 

Erica Moreno Noon Duty/KIJ 09/12/11 

FINANCIAL 

IMPLICATIONS: Salaries will be paid according to appropriate salary schedule. 

FUNDING SOURCE: Salaries will be paid from the appropriate budget accounts. 

MOTION: Move to approve Personnel Action Report 1112-5b 

(Classified) as presented. 



DATE: October13, 2011 

32


AGENDA ITEM: V-C-3 



TITLE: Approval of Addendum #2 to Certification of High School Fall 

Sports Coaches for the 2011-2012 School Year (District Goal II) 



SUMMARY 

INFORMATION: Attached is Addendum #2 to the Certification of High School Fall 

Sports Coaches for the 2011-2012 School Year that was 

submitted to the Board on August 11, 2011. Title 5, California 

Code of Regulations, Section 5594 requires that the local 

governing board shall certify each school year to the State Board 

of Education that the provisions of Section 5593 have been met. 

FINANCIAL 

IMPLICATIONS: N/A 


MOTION: Move to approve Addendum #2 to Certification of High School Fall 

Sports Coaches for the 2011-2012 School Year. 




33

TO THE STATE BOARD OF EDUCATION 

CERTIFICATION OF 

HIGH SCHOOL FALL SPORTS COACHES 

2011-2012 

ADDENDUM #2 

Title 5, California Code of Regulations, Section 5594 requires that: 

The governing board of each local school district shall certify to the State Board of 

Education that the provisions of Section 5593 have been met. 

LOCAL SCHOOL BOARD CERTIFICATION 

I hereby certify that the school district has met the conditions set forth in Title 5, 

Section 5593. 

Pat Shamansky Date 

President, Governing Board 


Return to: State Board of Education 

Department of Education 

1430 N Street 

Sacramento, California 95814 

34

High School Coach Roster 

Fall 2011 

ADDENDUM #2 

SPORT ARMIJO FAIRFIELD RODRIGUEZ 

Football JV: 

Volleyball 

Fred Portis (Volunteer) 

Water Polo JV Girls: JV Girls: 

Sullina Sanchez (Paid) Rebecca Thompson (Head) (Paid) 

Soccer Boys: 

Tennis Varsity Girls: 

Cross Country Clayton Hughes (Head) (Paid) 

Matthew Pence (Volunteer) 

Chris Cole (Paid) 

Dale Daniel (Head) (Paid) 

Golf Jennifer Hampton (Head) (Paid) 

Cheerleading Constance Williams (Head) (Paid) 

10/13/11 

35

Fairfiéld-Suisun Unified School District 

AGENDA ITEM: V-D-1 


CATEGORY: SUPERINTENDENT/ADMINISTRATION/GOVERNING BOARD 

TITLE: Approval of the Minutes of the Governing Board Special Meeting 

Held on September 15, 2011, and the Governing Board Regular 

Meeting Held on September 22, 2011 (District Goal V) 

SUBMITTED BY: Jacki Cottingim-Dias, Ph.D., Secretary to the Board 

SUMMARY 

INFORMATION: The above-listed minutes are presented for Board approval. 

FINANCIAL 



MOTION: Move to approve the minutes of the Governing Board special 

meeting held on September 15, 2011, and the Governing Board 

regular meeting held on September 22, 2011. 




36

SPECIAL MEETING 

CALL TO ORDER 

APPROVAL OF AGENDA 

ROLL CALL 

PLEDGE OF ALLEGIANCE TO 

THE FLAG OF THE UNITED 

STATES OF AMERICA 

REVIEW AND REPORT ON 

DISTRICT AND SCHOOL 

ACADEMIC PERFORMANCE 

INDEX (API), ADEQUATE 

YEARLY PROGRESS (AYP), 

AN]) PROGRAM 

IMPROVEMENT (P1) STATUS 

FOR 2010-2011 



September 15, 2011 

A special meeting of the Governing Board of the Fairfield-Suisun 

Unified School District was held in Conference Room #108, at the 

District Administrative Center, 2490 Hilborn Road, Fairfield, 

California, on Thursday, September 15, 2011. 

The meeting was called to order at 5:05 p.m. by Ms. Shamansky, 

Board President. 

Ms. Shamansky noted that page 15, slide no. 14 has been revised. 

** Motion was made by Mrs. Marianno, seconded by Mr. Gaut, and 

carried 5/0 (Mrs. Tilley was not present) to approve adoption of 

the agenda. 

Members in Attendance: David Gaut, David C. Isom, Kathleen 

Marianno, Perry W. Polk, Pat Shamansky, Helen Tilley, and Dr. 

Jacki Cottingim-Dias, Superintendent. 

Members Absent: None. 

Ms. Shamansky called on Crescent Elementary Principal 

Stephanie Wheeler to lead those in attendance in the Pledge of 

Allegiance to the Flag of the United States of America. 

Mrs. Tilley arrived at 5:20 p.m. 

Assistant Superintendent of Educational Services Kris Corey, 

Director of Secondary Education Dr. Sheila McCabe, Director of 

Instructional Support Services Marylou Wilson, Director of 

English Learner Services Araceli Cantu-Tong, Executive Director 

of Pupil Services Andrew Green-Ownby, and Coordinator of 

Elementary Education Diane Ferrucci gave an in-depth report and 

responded to questions regarding the District’s 2011 academic 

progress. The Board also heard from principals throughout the 

District, who shared information on their sites’ academic gains; 

Suisun Elementary teacher Gina Piepho; David Weir Elementary 

student Tamir Johnson; and Grange Ivliddle School parent Dorian 

Weaver. 

Highlights from the PowerPoint presentation included: 

• FSUSD API Growth of 19 points 

• reasons test scores change 

• 2000 to 2010 base API and 2011 growth API 

• 2011 percent at or above State growth API performance target 

of 800 by school level 

• Adequate Yearly Progress (AYP) 

• percent proficient in 2011 English Language Arts (ELA) 

• 2009 to 2011 percentages of students passing ELA 

37

Fairfield-Suisun Unified 

School District 

REVIEW AN]) REPORT ON 

DISTRICT AN]) SCHOOL 

ACADEMIC PERFORMANCE 

INDEX (API), ADEQUATE 

YEARLY PROGRESS (AYP), 

AN]) PROGRAM 

IMPROVEMENT (P1) STATUS 

FOR 2010-2011 (continued) 

ADJOURNMENT 

Attest: 

sh 

Patricia M. Shamansky, President 

Board Minutes 


• percent proficient in 2011 Mathematics 

• 2009 to 2011 percentages of students passing Mathematics 

• District Program Improvement (PT) status 

• site and District Program Improvement status 

• history of District schools in Safe Harbor 

• English Learner percent proficient growth 

• Special Education percent proficient growth 

• elementary, middle, and high school API growth 

• District Program Improvement, Corrective Action 6 

• school site Program Improvement requirements. 

The Board congratulated and commended the Superintendent, 

Central Office staff, site administrators, teachers, and support staff 

for their leadership, commitment, and hard work in helping 

students achieve the tremendous gains they have made in the 

CST’s and API scores. 

There being no further business, the meeting adjourned at 

7:10 p.m. 

Approved: 

38 

David C. Isom, Clerk 

2

FAIRFIELD-SUISUN UNWIED SCHOOL DISTRICT 


GOVERNING BOAR]) REGULAR MEETING 


CALL TO ORDER IN OPEN A regular meeting of the Governing Board of the Fairfield- 

SESSION Suisun Unified School District was held in Conference Room 

#108 at the District Administrative Center, 2490 Hilborn Road, 

Fairfield, California, on Thursday, September 22, 2011. 

The Governing Board convened in Open Session at 5:00 p.m. 

APPROVAL OF THE AGENDA Board President Shamansky noted that 

• Assistant Superintendent of Human Resources Ron 

Hawkins would not be present for Closed Session agenda 

item IT-B 

• Exhibit A has been added to agenda item VI-B-2, Review 

and Potential Approval of Resolution No. 06-1112, Intent 

to Grant a New Easement to the Solano Irrigation District 

at Suisun ValIey Elementary School; 

• revisions have been made to agenda item Vffl-A-2, 

Monthly Report on Implementation Status of the District 

Local Educational Agency (LEA) Plan: Career Technical 

Education. 

** Motion was made by Mrs. Marianno, seconded by Mr. Gaut, and 

carried 5/0 (Mrs. Tilley not present) to approve adoption of the 

agenda as amended. 

PUBLIC COMMENT ON CLOSED There were no public comments. 

SESSION AGENDA 

RECESS AND RECONVENE IN The Governing Board adjourned into Closed Session at 5:07 p.m. 

CLOSED SESSION to discuss: 

• public employee appointment 

• conference with labor negotiators regarding the Fairfield 

Suisun Unified Teachers Association (F-SUTA); the 

California School Employees Association (CSEA) 

Chapter #302, Office, Technical and Business Services; 

the CSEA Chapter #302, SupportlOperations Unit; the 

Mutual Organization of Supervisors (MOS); and the 

Fairfield-Suisun Management Association (FSMA) 

• public employee discipline/dismissallrelease. 

Mrs. Tilley arrived at 5:33 p.m. 

RECONVENE IN OPEN SESSION The Governing Board reconvened in Open Session at 6:04 p.m. 

CALL TO ORDER Ms. Shamansky called the meeting to order at 6:04 p.m. 

39

Fairfield-Suisun Unified Board Minutes 

School District September 22, 2011 

REPORT OF ACTION TAKEN IN Superintendent Cottingim-Dias reported that during Closed 

CLOSED SESSION Session, the Board took action by a unanimous vote to appoint 

Suzanne Barbarasch as interim principal at Tolenas Elementary 

School, effective October 3, 2011; and gave direction to staff 

regarding labor negotiations. 

Dr. Cottingim-Dias announced that Sue Warnock Brooks has 

been transferred from the position of Coordinator of Special 

Education to the Assistant Director of Special Education. She 

stated that this title change has been made to reflect Mrs. 

Warnock Brooks’ responsibilities, but does not involve any 

salary increase. 

OPENING STATEMENT Board President Shamansky commented on an article that 

appeared in today’s Daily Republic newspaper regarding a current 

and a former Board member who are working to change the 

percentage of voters needed to approve parcel tax measures. She 

reported that although the Board discussed this issue several 

months ago, it decided not to take any action on the matter. Ms. 

Shamansky clarified that this is not a District proposal and is not 

necessarily endorsed by the Fairfield-Suisun Unified School 

District. 

ROLL CALL Members in attendance: Dave Gaut, David C. Isom, Kathy 

Marianno, Perry W. Polk, Pat Shamansky, Helen Tilley, and 

Superintendent Jacki Cottingim-Dias. 

Members Absent: None. 

PLEDGE OF ALLEGIANCE TO Ms. Shamansky asked newly appointed interim principal of 

THE FLAG OF THE UNITED Tolenas Elementary Suzanne Barbarasch to lead those in 

STATES OF AMERICA attendance in the Pledge of Allegiance to the Flag of the United 

States of America. 

STUDENT REPRESENTATIVE Reports regarding various activities at the high schools were 

REPORTS presented by Kathleen Finnigan (Armijo High School), Candice 

Silveira (Fairfield High School), and Sarah Jayawardene 

(Rodriguez High School). 

SUPERINTENT)ENT’S REPORT Superintendent Cottingim-Dias reported that student recruiting 

for the Public Safety Academy is ongoing, and that a second 

informational meeting will be held on October 5 at 6:30 p.m. at 

the Central Office. She stated that the Fairfield and Suisun 

Public Education Foundation will host the first California Candy 

Festival this Saturday, September 24, at the Jelly Belly Candy 

Company. Dr. Cottingim-Dias announced that Suisun Valley 

Elementary teacher Patricia Raina was one of three teachers from 

across the nation selected as a winner of NBC’s Education 

Nation essay contest, and will enjoy an all-expense paid trip to 

New York City. In closing, the Superintendent thanked District 

teachers and support staff for the wonderful start to the school 

year. 

40 

2

Fairfield-Suisun Unffied 


APPROVAL OF CONSENT 

CALENDAR 

PUBLIC HEARING REGARDING 

THE APPROVAL OF 

RESOLUTION NO. 04-1112 - 

CERTIFICATION TO PROVIDE 

SUFFICIENT INSTRUCTIONAL 

MATERIALS FOR CORE AREAS 

APPROVAL OF RESOLUTION 

NO. 04-1112 - CERTIFICATION 

TO PROVIDE SUFFICIENT 

INSTRUCTIONAL MATERIALS 

FOR CORE AREAS 

APPROVAL OF CERTIFICATION 

OF PROVISION OF STANDARDS- 

ALIGNED INSTRUCTIONAL 

MATERIALS 

REVIEW AND POTENTIAL 

APPROVAL OF UNAUDITED 

ACTUAL FINANCIAL 

STATEMENT FOR THE 2010-2011 

FISCAL YEAR 

Board Minutes 


** Motion was made by Mr. Gaut, seconded by Mrs. Tilley, and 

carried unanimously to approve the following Consent Calendar 

items: 

1. donations to the District 

2. District vendor warrants for the month of August 2011 

3. District payroll expenditures for the month of August 

2011 

4. ratification of District contracts for the month of August 

2011 

5. personnel action report 11 12-4a (certificated hires, 

leaves, retirements, and resignations) 

6. personnel action report 11 12-4b (classified hires, leaves, 

retirements, and resignations) 

7. addendum to certification of high school Fall sports 

coaches for the 2011-2012 school year 

8. Resolution No. 05-1112 Authorizing Instructor to Teach 

Outside of Credential Authorization 

9. minutes of the Governing Board special meeting held on 

August 25, 2011 and regular meeting held on 

September 8, 2011. 

Following presentation of the item by Coordinator of 

Instructional Materials Lisa Wilson, Board President Shamansky 

opened the public hearing at 6:26 p.m. 

There were no public speakers and the public hearing was closed 

at 6:26 p.m. 

Coordinator of the Instructional Media Center Lisa Wilson stated 

that this item was presented for the Board’s information at the 

September 8, 2011 Board meeting and is now being presented as 

an action item. 

** Motion was made by Mrs. Tilley, seconded by Mr. Gaut, and 

carried unanimously to approve Resolution No. 04-1112, 

Certification to Provide Sufficient Instructional Materials for 

Core Areas, as presented. 

** Motion was made by Mr. Isom, seconded by Mr. Gaut and 

carried unanimously to approve certification of provision of 

standards-aligned instructional materials as presented. 

Assistant Superintendent of Business Services Kelly Morgan and 

Director of Fiscal Services Laneia Grindle provided information 

on the Unaudited Actuals for the 2010-2011 Fiscal Year and 

answered questions from Board members. The presentation 

included information on: 

• revenues, expenditures and changes in fund balance for 

the Unrestricted General Fund 

41 

3



REVIEW AND POTENTIAL 

APPROVAL OF UNAUDITED 

ACTUAL FINANCIAL 

STATEMENT FOR THE 2010-2011 

FISCAL YEAR (continued) 

REVIEW AN]) POTENTIAL 


NO. 06-1112, INTENT TO GRANT 

A NEW EASEMENT TO THE 

SOLANO IRRIGATION 

DISTRICT AT SIJ[SUN VALLEY 

ELEMENTARY SCHOOL 

REVIEW AN]) POTENTIAL 


NO. 07-1112, ADOPTION OF THE 

GANN LIMIT 

PUBLIC COMMUNICATION 

Board Minutes 

September22 2011 

• ending fund balances of the Unrestricted General Fund as 

of June 30, 2011 

• revenues, expenditures and changes in fund balance for 

the Restricted General Fund 

• comparison of projected to actual ending fund balance 

• historical Unrestricted fund balances 

• other funds and balances. 

** Motion was made by Mr. Isom, seconded by Mr. Gaut, and 

carried unanimously to approve the Unaudited Actual Financial 

Statement for the 2010-11 Fiscal Year. 

Director of Facilities Kim VanGundy reported that the property 

purchased in 2008 adjacent to Suisun Valley Elementary School 

had three easements that were not identified on title reports and 

other disclosure documents. She stated that these easements 

were discovered during construction of the new multipurpose 

building. Ms. VanGundy reported that two of the easements 

have restricted the full use of the property and the placement of 

future buildings. She said that to resolve these conflicts, the two 

easements can be purchased and/or removed from the site with 

the cooperation of the utility company. Ms. VanGundy reported 

that the District has been working with the Solano Irrigation 

District (SID) on this matter, and that staff is recommending the 

abandonment of one easement and the relocation of a second 

easement. In order to do this, the District must relocate water 

lines and establish an easement to a new location and purchase 

the abandoned easement from the Sifi for $8,346. In response to 

a question from Mrs. Tilley, Ms. VanGundy responded that the 

District has filed a claim against the title company. 

** Motion was made by Mrs. Tilley, seconded by Mr. Isom, and 

carried unanimously to approve Resolution No. 06-1112, Intent 

to Grant a New Easement to the Solano Irrigation District at 

Suisun Valley Elementary School. 

Kelly Morgan presented the proposed resolution to the Board for 

consideration. 

** Motion was made by Mr. Gaut, seconded by Mr. Isom, and 

carried unanimously to approve Resolution No. 07-1112, 

Adoption of the Gann Limit. 

Fairfield-Suisun Unified Teachers Association (FSUTA) 

President Melanie Driver spoke regarding her recent visits to 

school sites, and acknowledged students, parents, certificated 

staff, and classified staff for the increase in the District’s 

California State Test scores. She also commented on new 

programs such as SchoolCity assessments and Gateways that 

have been instituted, and teachers’ willingness to try new things. 

42 

4

Fairfield-Suisun Unified Board Minutes 

School District September 22, 2011 

PTJBLIC COMMUNICATION Suisun City resident George Guynn, Jr., thanked Ms. Shamansky 

(continued) for her clarification regarding the Daily Republic’s article on 

efforts to change the parcel tax approval process. He spoke 

regarding the two-thirds versus 55% vote needed to approve new 

taxes; encouraged the Board to go online to read the blog 

comments on articles published in the Daily Republic; and stated 

that the Superintendent and senior administrative staff need to 

consider a serious drop in compensation. 

Rodriguez High School student Chelsea Toler spoke regarding 

the school’s administrative staffing changes over the last two 

years, and said that students are no longer treated with respect. 

She stated that she was pulled out of class for a dress code 

violation, and asked if the dress code was more important than 

academics. 

Rodriguez High School parent Rae Jackson, Sr., voiced his 

concerns regarding discrimination and harassment of students, 

and the treatment of student athletes at Rodriguez High. He 

expressed his vote of no confidence in Assistant Principal James 

Hightower. 

Rodriguez High School student Johnny Sheldon commented on 

the unfair treatment against student athletes at his school, and 

stated that his team has not been allowed to practice in the gym. 

Rodriguez High School student Rae Jackson, Jr., stated that 

Rodriguez High School has not been a fun experience for him 

and that the atmosphere was better at his last high school in 

Benicia. 

Rodriguez High School parent Kay Dailey stated that as this is 

the third time she has come to speak, that should be enough for 

the Board to question why parents continue address these issues. 

She outlined her concerns, including Assistant Principal James 

Hightower’s relationships with students and parents, the 

basketball coach vacancy, and treatment of student athletes. 

Rodriguez High School parent Miesha Gash stated that Assistant 

Principal James Hightower recently broke up a gathering of 

students on campus performing in a rappers competition, instead 

of engaging with the students. She remarked that he is a bad 

administrator and that she believes he needs counseling or 

redirection. Ms. Gash also stated that she feels that new principal 

Marie Williams has been set up for failure, having two new 

assistant principals assigned to the school this year, as well as 

Mr. Hightower who only has one year of experience as assistant 

principal at Rodriguez High. 

REPORT: LOCAL As this is a routine informational item, no formal presentation 

EDUCATIONAL AGENCY (LEA) was made. 

PLAN QUARTERLY UPDATE 

43 

5



MONTHLY REPORT ON 

IMPLEMENTATION STATUS OF 

THE DISTRICT LOCAL 

EDUCATIONAL AGENCY (LEA) 

PLAN: CAREER TECHNICAL 

EDUCATION (CTE) 

BOARD SUBCOMMITTEE 

REPORTS AN]) MEMBER 

INFORMATION 

Board Minutes 


Coordinator of Secondary Education Tim Halloran provided a 

report on the Career Technical Education (CTE) program in the 

District. Information included: 

• industry sectors, which include: 

o Art, Media, and Entertainment (1,376 students) 

o Building Trades/Construction (423 students) 

o Education, Child Development, Family Services (37 

students) 

o Engineering and Design (19 students) 

o Fashion and Interior Design (38 students) 

o Health, Science, Medical Technology (309 students) 

o Hospitality, Tourism, Recreation (137 students) 

o Information Technology (214 students) 

o Marketing, Sales, Service (125 students) 

o Transportation (101 students) 

• core indicators — 

students 

college and career readiness of CTE 

• partnership with Solano County Office of Education 

• next steps. 

ADJOURNMENT There being 

7:35 p.m. 

Attest: 

sh 

Approved: 

Patricia M. Shamansky, Board President 

No reports were presented. 

44 

no further business, the meeting was adjourned at 


6


AGENDA ITEM: VI-B-1 

PUBLIC HEARING 


TITLE: Public Hearing for Resolution Number 08-1112, Dedication of an 

Easement for Access and Utilities to the Solano Irrigation District 

at Suisun Valley Elementary School (District Goals III & IV) 

SUBMITTED BY: elly Morgan, Assistant Superintendent of Business Seices 

PREPARED BY: Kim Van Gundy, Director of Facilities and Construction 

SUMMARY 

INFORMATION: Resolution Number 08-1112, Dedication of an Easement for 

Access and Utilities to the Solano Irrigation District at Suisun 

Valley Elementary School is being presented to the Governing 

Board for adoption on October 13, 2011. Notice of the time and 

place of this meeting was published in advance in accordance 

with Education Code Section 17556. This notice was placed in 

our local paper on October 7, 2011. 

FINANCIAL 


FUNDING SOURCE: Settlement from claim against the title company 


45

AGENDA ITEM: - 


Vl-B-2 

ACTION 


TITLE: Approval of Resolution Number 08-1112, Dedication of an 


at Suisun Valley Elementary School (District Goals Ill & IV) 

SUBMITTED BY: elly Morgan, Assistant Superintendent of Business Services 

PREPARED BY: Kim Van Gundy, Director of Facilities and Construction 

SUMMARY 

INFORMATION: On September 22, 2011, the Governing Board approved a 

resolution proclaiming the District’s intent to grant an easement to 

the Solano Irrigation District (SID) at the Suisun Valley Elementary 

School. This resolution will allow the Solano Irrigation District to 

move an existing easement that is currently restricting the 

development on the remaining portion of land added to Suisun 

Valley Elementary School in 2008. 

The Fairfield-Suisun Unified School District purchased 6.59 acres 

adjacent to the Suisun Valley Elementary School to support the 

increasing educational needs of the growing school site. During 

construction of the new Suisun Valley multipurpose building, three 

easements were identified by the Solano Irrigation District (SID) 

but were not identified on the title reports and other disclosure 

documents received during the site acquisition process. Two of 

these easements have restricted the full use of the property and 

the placement of future buildings. Easements provide access 

rights to utility companies and identify specific restrictions to 

property owners to protect the utility. To resolve these conflicts, 

the easements can be purchased and/or removed from the site 

with the cooperation of the utility company. The District purchased 

title insurance during the property acquisition to assure we would 

be protected from unknown restrictions. The District has filed a 

claim to cover any costs associated with the removal and 

replacement of the utility lines. 

46

Item Vl-B-2 

Approval of Resolution Number 08-1112, 

Dedication of an Easement for Access and Utilities to the 

Solano Irrigation District at Suisun Valley Elementary School (District Goals Ill & IV) 

Page 2 

FINANCIAL 

IMPLICATIONS: $8,346 

The District has been working on a solution cooperatively with the 

SID to make sure both agencies are protecting the integrity of the 

water lines for future capacity needs and to assure the maximum 

use of the property. Staff is recommending the abandonment of 

one easement and the relocation of a second easement. In order 

to achieve this solution, the District must relocate the water lines 

and establish an easement in the new location. Additionally, the 

abandoned easement must be purchased from the SID at a cost 

of $8,346. The costs to cover the relocation of the lines, 

abandonment of the easement, and all associated costs are 

included in the claim against the title company. 

A public notice was published in the local paper in accordance 

with the requirements established in Education Code Section 

17556. Staff recommends the approval of this resolution to assure 

the maximum use of the remaining undeveloped portion of the 

Suisun Valley property. 

FUNDING SOURCE: Settlement from claim against the title company 

MOTION: Move to approve Resolution Number 08-1112, Dedication of an 


at Suisun Valley Elementary School 




47

RESOLUTION NO. 08-1112 

DEDICATION OF AN EASEMENT FOR ACCESS AND UTILITIES 

TO THE SOLANO IRRIGATION DISTRICT 

AT SUISUN VALLEY ELEMENTARY SCHOOL 

WHEREAS, The Fairfield-Suisun Unified School District (“District”) District currently owns- a 

parcel of property in Fairfield bordered by Lambert Road, Mankas Corner Road, and Suisun 

Valley Road (Assessor’s Parcel Number 0149-060-140) (the “Property”) 

WHEREAS, The Town of Suisun City currently has a right-of-way for a waterline as well as a 

right-of-way for repairing and maintaining said waterline on a diagonal portion of the southwest 

corner of the Property. 

WHEREAS, The Suisun Solano Water Authority (“SSWA”) - pursuant to a proposed “Agreement 

for Relocation, Reconstruction and Protection of Facilities APN 0149-060-140 With Fairfield 

Suisun Unified School District” (the “Relocation Agreement”) - has proposed to allow the District 

to relocate and reconstruct the waterline currently running through the south-west portion of the 

Property to an area that skirts the southwest boundary of the Property to allow for better access 

and use of the Property by the District. 

WHEREAS, The Relocation Agreement contemplates that the Town of Suisun City will abandon 

the existing waterline easement and that the District will dedicate a new access and utility 

easement in favor of the SSWA along the south west border of the Property. 

WHEREAS, The District seeks to dedicate that certain area of the Property as an access and 

utility easement in favor of the Suisun-Solano Water Authority as set forth in Exhibit “A”, the 

proposed Dedication of Easement instrument and attached hereto and incorporated herein by 

this reference; 

WHEREAS, pursuant to Education Code section 17556 et seq., the District may dedicate the 

Easement to the Lambert Road Property to the Suisun-Solano Water Authority for access and 

placement of utilities upon such terms and conditions as the parties thereto may agree without 

complying with any other provisions of the Education Code; 

WHEREAS, the District does not need the Easement area for classroom buildings or 

educational purposes; and 

WHEREAS, pursuant to Education Code section 17557, on September 22, 2011, by 

[unanimous/two-thirds] vote, the District’s Board adopted Resolution No. 06-1 112 entitled 

Resolution of Intention to Dedicate an Easement for Access and Utilities to the Suisun-Solano 

Water Authority on the District’s Property Located at Lambert Road: A.P.N. NO.: 0149-060-140. 

WHEREAS, on September 22, 2011, the District, by approving the Intent to Grant an Easement 

to the Solano Irrigation District, gave public notice of a public hearing to be held on October 13, 

2011. This public comment will consider whether the dedication is in the best interests of the 

District; and 

WHEREAS, on October 13, 2011 the District held a public hearing on whether it should adopt 

this resolution to dedicate the Easement to the Solano Irrigation District. 

48

Item Vl-B-2 

Resolution No. 08-11-12 Dedication of an Easement for Access and Utilities 

to the Solano Irrigation District at Suisun Valley Elementary School 

Page 2 

1. The District’s Board of Education finds that there are no formal protests to the 

proposed dedication of the Easement. 

2. The Easement is in furtherance of that certain Agreement for Relocation, 

Reconstruction and Protection of Facilities APN 0149-060-140 between the 

Fairfield-Suisun Unified School District and the Suisun-Solano Water Authority 

(the “Relocation Agreement”). 

3. This resolution to dedicate the Easement is in accordance with the procedures 

of Title 1, Division 1, Part 10.5, Chapter 4, Article 15 of the Education Code 

and the Board hereby authorizes and directs District’s President to execute 

the access and utility easement dedicating the Easement to the Suisun 

Solano Water Authority. 

PASSED AND ADOPTED this 13th day of October, 2011, by the Governing Board of the 

Fairfield-Suisun Unified School District, by the following vote: 

AYES: 

NOES: 

ABSENT: 

ABSTENTIONS: 

I, Jacki Cottingim-Dias, Ph.D., Secretary of the Governing Board of the Fairfield-Suisun Unified 

School District of Solano and Napa Counties, California, do hereby certify that the foregoing is a 

full, true, and correct copy of a resolution adopted by said Board at a regular meeting hereof 

held at this regular place of meeting on the date and by the vote stated, which Resolution is on 

file in the office of said Board. 

49 

Jacki Cottingim-Dias, Ph.D., Secretary 


Governing Board


AGENDA ITEM: VI-B-3 

ACTION 


TITLE: Approval of Resolution No. 09-1 112, Refunding of 2002 

Series General Obligation Bond 

(District Goal III) 

SUBMITTED BY: elly Morgan, Assistant Superintendent of Business Seices 

SUMMARY 

INFORMATION: Based on current market interest rates, it is projected that the 

District can save its taxpayers $3,780,000 by refinancing the 

Series 2002 Bonds. This translates to an average annual tax levy 

savings of $1.85 per $100,000 of assessed value from 2012-13 

through 2026-27, the final year of tax collection for the Series 

2002 Bonds. If interest rates leading up to or on the day the 

Refunding Bonds are to be sold indicate that the minimum 

threshold of 4% is not achievable, the refinancing would be placed 

on hold until interest rates decreased sufficiently. Issuance 

expenses will be paid from bond proceeds and, with the exception 

of the rating fee, would not be charged to the District if the 

refinancing were not completed. 

If approved by the Board tonight, Resolution No. 09-1112 

authorizes the issuance of the 2011 Refunding General Obligation 

Bonds to refinance the District’s Series 2002 General Obligation 

Bonds. In addition to authorizing the sale of the Refunding Bonds, 

the resolution also approves the forms of various documents 

related to the Refunding Bond issuance, authorizes certain District 

officials to execute the final versions of the documents which will 

be finalized with information available after the bond sale, and 

establishes the minimum savings (in this case, 4%) that must be 

achieved to complete the refinancing. 

Further explanation of each of the primary documents can be 

found in the attached letter from Government Financial Strategies. 

50

Vl-B-3 

Approval of Resolution No.09-1112, Refunding of 2002 Series General Obligation Bond 

Page 2 

FINANCIAL 

IMPLICATIONS: Potential savings to taxpayers estimated to be $3,780,000. 

Potential cost to District should the refinancing not be completed 

ranges from $10,000 to $35,000. 

FUNDING SOURCE: Developer Fees and/or General Fund 


RECOMMENDATION: Move to approve Resolution No. 09-1112: Refunding of 2002 

Series General Obligation Bond 

MOTION: Motion to approve 


51

nment 

To: Kelly Morgan 

From: Sirikhwan K. Weaver 

Date: September 27, 2011 

MEMORANDUM 

Re: 2011 General Obligation Refunding Bonds — Authorizing Resolution & Financing 

Documents 

Kelly, as you know, at the October 13 th Board meeting, the Board will be asked to consider a 

resolution authorizing the issuance of the 2011 Refunding General Obligation Bonds to refinance 

the District’s Series 2002 General Obligation Bonds. In preparation for the Board’s consideration 

of this item, we are writing to briefly review the role of each of the primary documents. 

Resolution 

rategies 

inca 

In addition to authorizing the sale of the Refunding Bonds, the resolution also approves the forms 

of various documents related to the Refunding Bond issuance, authorizes certain District officials 

to execute the final versions of the documents which will be finalized with information available 

after the bond sale, and establishes the minimum savings (in this case, 4%] that must be 

achieved to complete the refinancing. 

Form of Paying Agent Agreement 

The Paying Agent Agreement defines the responsibilities of the paying agent, U.S Bank National 

Association, which includes maintaining the list of bondholders, receiving debt service payments 

from the County and forwarding such payments to the bondholders on the payment dates. This 

agreement also prescribes certain terms and conditions of the Refunding Bonds, including the 

principal maturity dates, interest payment dates and how these Refunding Bonds may be 

refinanced in the future. U.S. Bank will also be responsible for paying various professional invoices 

from bond proceeds for services rendered in connection with the Refunding Bond issuance. 

Exhibit A - Form of Refunding Bond 

The final Refunding Bond will be executed by the District prior to closing and entitles the holder to 

receive principal and interest pursuant to the terms described in the Paying Agent Agreement. 

Attached to the form of Refunding Bond is the form of Legal Opinion of Bond Counsel. The Legal 

Opinion documents bond counsel’s opinion that 1) the Refunding Bonds have been legally 

authorized and issued and 2) the Refunding Bonds are exempt from federal and state income tax. 

Form of Escrow Agreement 

The escrow agent, also U.S. Bank, will hold and invest a portion of the proceeds of the Refunding 

Bonds in order to prepay theSeries 2002 General Obligation Bonds on August 1, 2012. The 

Escrow Agreement sets forth the establishment of the escrow fund, the escrow agent’s role, and 

the use and investment of escrow proceeds. 

1228 N Street, Suite 13, Sacramento, CA 95814-5609 

Telephone (916) 444-5100 Fax (916) 444-5109 

52


Kelly Morgan 

2011 General Obligation Refunding Bonds 

Authorizing Resolution & Financing Documents 

Page 2 

Form of Bond Purchase Contract 

-- --The Purchase Contract specifies the terms and conditions under which the underwriter (to be 

selected using a competitive bidding process) will purchase the Refunding Bonds. 

Preliminary Official Statement 

The function of the preliminary Official Statement, which is authorized to be distributed by the bond 

resolution, is to provide potential investors with material information about the Refunding Bonds 

being offered for sale. 

Although the Board may reasonably rely on the research and analysis provided by professional 

staff, Arthur Levitt, the former Chairman of the Securities and Exchange Commission, has stated 

that public officials play a “critical role in assuring the accuracy and completeness of disclosure 

documents.” In fact, in connection with the Orange County bankruptcy [1994], the SEC 

determined that the Orange County Board of Supervisors’ failure to review disclosure documents 

when issuing debt constituted fraud. Therefore, each Board member should review the 

preliminary Official Statement and let District staff know if there are any concerns that the 

preliminary Official Statement fails to provide accurate and complete information that a reasonable 

investor would consider significant in making a decision to purchase the Refunding Bonds. Based 

on the current schedule of events, it would be very helpful if any questions or comments regarding 

the preliminary Official Statement could be shared with us by October 1 8. 

In reviewing the preliminary Official Statement, please keep in mind that it is written with a certain 

amount of disclaimer and formality. This style is consistent with the industry standard for 

preparing such documents and enables us to effectively market the Refunding Bonds to potential 

investors. Also note that the preliminary Official Statement is currently in draft form and will not 

be finalized until after we receive final comments on October 1 Bth. 

After the sale of the Refunding Bonds, we will incorporate the terms of the sale, including the final 

principal amounts and interest rates, at which point, this document becomes the final Official 

Statement. The resolution also authorizes officers of the District to execute the final Official 

Statement. 

Form of Continuing Disclosure Certificate 

The Continuing Disclosure Certificate [which is also included in the appendix of the Official 

Statement) sets forth the District’s obligations to provide ongoing disclosure of certain information 

[e.g., financial statements) to the bond market. 

Kelly, please let us know if you have any questions or comments. 

SKW/abm 

53 

iernment 

?ncial 

trategies 

Inc.


RESOLUTION NO. 09-1112 

AUTHORIZING THE ISSUANCE AND SALE OF REFUNDING BONDS OF THE 

FAIR1?IELDSUISUN UNIFIED SCHOOL DISTRICT AND RELATED ACTIONS 

WHEREAS, the Governing Board (the “Board”) of the Fairfield-Suisun Unified School 

District (the- “District”), with the consent- ofthe Board of Supervisors of Solano County (the 

“County”), previously authorized and sold the Fairfield-Suisun Unified School District, General 

Obligation Bonds, (Solano and Napa Counties, California), Election of 2002, Series 2002 

pursuant to the Board’s Resolution No. 60-0102 adopted April 25, 2002 (the “Prior Bonds”); 

WHEREAS, prudent management of the fiscal affairs of the District requires that the 

District issue refunding bonds under the provisions of Article 9 (Sections 53550 and following) 

and Article 11 (Sections 53580 and following) of Chapter 3 of Part 1 of Division 2 of Title 5 of 

the California Government Code (the “Refunding Bonds”) to refund the Prior Bonds that mature 

on and after August 1, 2013 (the “Refunded Prior Bonds”), provided that a sufficient level of 

present value savings may be achieved by doing so; 

WHEREAS, it appears to the Board that the total net interest cost to maturity plus the 

principal amount of the Refunding Bonds (plus any costs of issuance not funded from proceeds 

of the Refunding Bonds) will not exceed the total net interest cost to maturity plus the principal 

amount of the Refunded Prior Bonds, which, pursuant to California Government Code 

Sections 53552 and 53556, will permit the Board to issue the Refunding Bonds without another 

vote of the electorate; and 

WHEREAS, the following documents and proposed agreements relating to the issuance 

and sale of the Refunding Bonds, which are incorporated herein by reference, have been 

presented to the Board for its review and approval: 

a. the Paying Agent Agreement relating to the Refunding Bonds (the “Paying 

Agent Agreement”), between the District and U.S. Bank National Association, as Paying 

Agent (the “Paying Agent”); 

b. the Escrow Agreement (the “Escrow Agreement”) between U.S. Bank 

National Association, as escrow agent, and the District that provides for the deposit of 

funds sufficient to refund the Refunded Prior Bonds; 

c. the Bond Purchase Agreement (the “Bond Purchase Agreement”) between 

the District and an underwriter or underwriters to be selected by the District as prescribed 

herein (the “Underwriter”), whereby the Underwriter will agree to purchase the 

Refimding Bonds when and as issued and delivered by the District; 

d. the Official Statement (the “Official Statement”) describing the Refunding 

Bonds and the District; and 

981232.1 4982.1 1 

54

e. the Continuing Disclosure Certificate (the “Continuing Disclosure 

Certificate”), whereby the District undertakes to provide annual reports and notices of 

certain specified events as required under federal securities laws. 

NOW, THEREFORE, be it resolved by the Governing Board of the Fairfield-Suisun 

Unified School District as follows: 

Section 1. Recitals. The Board hereby finds and determines that the foregoing recitals 

are true and correct. -- 

Section 2. Issue Authorized. The Board hereby authorizes the issuance of the Refunding 

Bonds in an aggregate principal amount not to exceed $33,000,000; provided that the total net 

interest cost to maturity plus the principal amount of the Refunding Bonds (plus any costs of 

issuance not funded from proceeds of the Refunding Bonds) does not exceed the total net interest 

cost to maturity plus the principal amount of the Refunded Prior Bonds, and further provided that 

the Superintendent, the Assistant Superintendent, or the Director of Fiscal Services has 

determined that the refunding of the Refunded Prior Bonds produces net present value savings of 

at least 4% of the par amount of the Refunded Prior Bonds (or such higher amount of savings as 

they may require). 

Section 3. Authorization of Officers to Execute and Deliver Documents. The Board 

hereby authorizes the President of this Board, the Superintendent, the Assistant Superintendent, 

the Director of Fiscal Services, and their respective designees (the “Designated Officers”), and 

each of them individually, for and in the name of and on behalf of the District, to approve, 

execute, and deliver the following agreements and documents: 

a. the Paying Agent Agreement; 

b. the Escrow Agreement; 

c. the Bond Purchase Agreement; 

d. the Official Statement; and 

e. the Continuing Disclosure Certificate 

in substantially the form presented to this meeting, which agreements and documents are hereby 

approved, with such changes, insertions, revisions, corrections, or amendments as shall be 

approved by the officer or officers executing the agreements or documents for the District. The 

execution of the foregoing by a Designated Officer or Officers of the District shall constitute 

conclusive evidence of such officer’s or officers’ and the Board’s approval of any such changes, 

insertions, revisions, corrections, or amendments to the respective forms of agreements and 

documents presented to this meeting. The date, respective principal amounts of each maturity, 

the interest rates, interest payment dates, denominations, form, registration privileges, place or 

places of payment, terms of redemption, and other terms of the Refunding Bonds and provisions 

relating to municipal bond insurance, shall be as provided in the Paying Agent Agreement as 

finally executed. 

Section 4. Approval of Method of Sale and Bond Purchase Agreement. The Board 

hereby authorizes the sale of the Refunding Bonds with an underwriter’s discount in an amount 

not to exceed 2% of the principal amount of the Refunding Bonds. Upon the recommendation of 

the District’s Financial Advisor (as defined in Section 8 below), the Designated Officers, and 

each of them individually, on behalf of this Board, are hereby authorized to negotiate the final 

981232.1 4982.1 2 

55

terms of the sale of the Refunding Bonds with an underwriter, selected by such Designated 

Officers based on a competitive process conducted by the Financial Advisor, and to execute and 

deliver the Bond Purchase Agreement to the Underwriter. - This method of sale has been selected 

by the Board because it offers greater flexibility than a public sale process in setting and 

changing the time and terms of the sale. 

Section 5. Distribution of Official Statement. The Board hereby authorizes and directs 

the Financial Advisor and/or the Underwriter to distribute copies of the Official Statement in 

preliminary form to persons who may be interested in the purchase of the Refunding Bonds and 

to deliver copies of the final Official Statement to all purchasers of the Refunding Bonds. 

Section 6. Valid Obligations. The Board hereby determines that all acts and conditions 

necessary to be performed by the District or to have been met precedent to and in issuing the 

Refunding Bonds in order to make them valid and binding general obligations of the District 

have been performed and have been met, or will at the time of delivery of the Refunding Bonds 

have been performed and have been met, in regular and due form as required by law; that the full 

faith and credit of the District are hereby pledged for the timely payment of the principal of and 

interest on the Refunding Bonds; and that no statutory or constitutional limitation of 

indebtedness or taxation will have been exceeded as a result of the issuance of the Refunding 

Bonds. 

Section 7. Bond Counsel. The law firm of Kronick, Moskovitz, Tiedemann & Girard, a 

Professional Corporation, is hereby retained as bond counsel to the District with respect to the 

Refunding Bonds. The Designated Officers, and each of them individually, are hereby 

authorized to execute and deliver a legal services agreement with such firm and keep such 

agreement on file with the Secretary of the Board. 

Section 8. Identification of Financial Advisor. Government Financial Strategies inc. will 

serve as the District’s financial advisor (“Financial Advisor”) with respect to the Refunding 

Bonds. 

Section 9. Authorization of Officers to Execute Documents. The Board hereby 

authorizes and directs its officers and the officials and staff of the District, and each of them 

individually, to do any and all things and to execute and deliver any and all documents that they 

may deem necessary or advisable in order to complete the sale, issuance, and delivery of the 

Refunding Bonds and otherwise to carry out, give effect to, and comply with the terms and intent 

of this Resolution. All actions heretofore taken by such officers, officials and staff that are in 

conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and 

approved in all respects. 

Section 10. Effective Date. This resolution shall take effect immediately upon its 

passage. 

981232.1 4982.1 3 

56

This Resolution of the Governing Board of the Fairfield-Suisun Unified School District 

Authorizing the Issuance and Sale of Refunding Bonds of the District and Related Actions is 

APPROVED, PASSED, AND ADOPTED on October 13, 2011, by a majority of the members 

of the Board, to wit: 

ATTEST: 

AYES: 

NOES: 

ABSTMN: 

ABSENT: 

Secretary of the Governing Board of the 


981232.14982.1 4 

By: 

President, Governing Board of the 


57

981251.1 4982.1 

PAYING AGENT AGREEMENT 

by and between 


and 

U.S. BANK NATIONAL ASSOCIATION, 

as Paying Agent 

Dated November 1, 2011 

Relating to the 

$[PAR AMOUNTI 


(Solano and Napa Counties, California) 


58

Section 

TABLE OF CONTENTS 

ARTICLE I DEFINITIONS .2 

Section 1.1. Definitions 2 

Effect of Headings and Table of Contents 9 

Successors and Assigns 9 

Benefits of Paying Agent Agreement 9 

Payments/Actions Otherwise Scheduled on Non-Business 

Days 10 

No Personal Liability for Debt Service 10 

County Immunities 10 

Separability Clause 10 

Governing Law 10 

Counterparts 10 

Notices 11 

ARTICLE II THE REFUNDING BONDS 11 

Authorization and Title 11 

Terms and Form of Refunding Bonds 11 

Execution and Authentication of Refunding Bonds 13 

Book-Entry System 13 

Transfer and Exchange of Refunding Bonds upon Termination 

of Book-Entry System 15 

Bond Register 15 

Section 2.7 Validity of Refunding Bonds 16 

ARTICLE III APPLICATION OF PROCEEDS OF THE REFUNDING BONDS 16 

Section 3.1 Application of Proceeds of the Refunding Bonds and Other 

Amounts 16 

ARTICLE IV REDEMPTION OF THE REFUNDING BONDS 16 

981251.14982.11 

Section 1.2. 

Section 1.3. 

Section 1.4. 

Section 1.5. 

Section 1.6. 

Section 1.7. 

Section 1.8. 

Section 1.9. 

Section 1.10. 

Section 1.11 

Section 2.1 

Section 2.2 

Section 2.3 

Section 2.4 

Section 2.5 

Section 2.6 

Section 4.1. Optional Redemption 16 

Section 4.3 Selection by Paying Agent of Refunding Bonds to be 

Redeemed 17 

Section 4.4 Notice of Redemption 17 

Section 4.5 Deposit of Redemption Price 18 

Section 4.6 Refunding Bonds Payable on Redemption Date 18 

59 

Page

Section 4.7 Right to Rescind Notice 18 

Section 4.8 Redemption Fund 18 

Section 4.9. Defeasance of Refunding Bonds 19 

ARTICLE V COVENANTS OF THE DISTRICT 19 

Section 5.1 Payment of Principal and Interest 19 

Section 5.2 Obligation to Levy Taxes for Payment of Refunding Bonds 20 

Section 5.3 Further Assurances 20 

Section 5.4 Tax Covenant 20 

Section 5.5 Continuing Disclosure 20 

ARTICLE VI THE PAYING AGENT 20 

Section 6.1 Appointment; Acceptance 20 

Section 6.2 Resignation, Removal, Replacement of Paying Agent 21 

Section 6.3 Protection of Paying Agent 21 

Section 6.4 Reliance on Documents, Etc 21 

Section 6.5 Recitals of District 22 

Section 6.6 Paying Agent May Own Refunding Bonds 22 

Section 6.7 Money Held by Paying Agent; Unclaimed Monies 22 

Section 6.8 Other Transactions 23 

Section 6.9 Interpleader 23 

Section 6.10 Indemnification 23 

ARTICLE VII EVENTS OF DEFAULT AND REMEDIES OF BONDHOLDERS 23 

Section 7.1 Events of Default 23 

Section 7.2 Remedies of Bondholders 24 

Section 7.3 Restoration of Positions 24 

Section 7.4 Rights and Remedies Cumulative 24 

Section 7.5 Delay or Omission Not Waiver 24 

Section 7.6 No Acceleration 24 

EXHIBIT A -- FORM OF REFUNDING BOND A-l 

981251.1 4982.1 ii 

60

PAYING AGENT AGREEMENT 

This PAYING AGENT AGREEMENT, dated November 1, 2011, by and between U.S. 

BANK NATIONAL ASSOCIATION, a national banking association duly organized and 

existing under the laws of the United States, as paying agent (the “Paying Agent”), and the 

FAIRFIELD-SUISIIN UNIFIED SCHOOL DISTRICT, a school district duly organized and 

existing under and by virtue of the Constitution and laws of the State of California (the 

“District”). 

WITNES SETH: 

WHEREAS, the Governing Board (the “Board”) of the Fairfield-Suisun Unified School 

District (the “District”), with the consent of the Board of Supervisors of Solano County (the 

“County”), previously authorized and sold the Fairfield-Suisun Unified School District (Solano 

and Napa Counties, California), General Obligation Bonds, Election of 2002, Series 2002 

pursuant to the Board’s Resolution No. 60-0 102 adopted April 25, 2002 and the terms contained 

therein (“Prior Bonds”); 

WHEREAS, pursuant to Article 9 (Sections 53550 and following) and Article 11 

(Sections 53580 and following) of Chapter 3 of Part 1 of Division 2 of Title 5 of the California 

Government Code and other applicable law, the District is authorized to issue refunding bonds to 

refund all or a portion of the Prior Bonds; 

WHEREAS, the Board by its Resolution No. on October 13, 2011 (the 

“Resolution”), has determined that prudent management of the District’s financial affairs 

requires that a portion of the Prior Bonds now be refunded and has authorized the issuance and 

sale of its “Fairfield-Suisun Unified School District (Solano and Napa Counties, California) 2011 

General Obligation Refunding Bonds” (the “Refunding Bonds”) and the execution and delivery 

of this Paying Agent Agreement on behalf of the District; 

WHEREAS, the District has determined to advance refund the Prior Bonds that mature 

on and after August 1, 2013 (the “Refunded Prior Bonds”), and has found and determined and by 

execution hereof so represents that the total net interest cost to maturity plus the principal 

amount of the Refunded Prior Bonds exceeds the total net interest cost to maturity plus the costs 

of issuance and the principal amount of the Refunding Bonds, pursuant to California 

Government Code Sections 53552 and 53556; and 

WHEREAS, the District has found and determined that all acts, conditions and things 

required by law to exist, to have happened and to have been performed precedent to and in 

connection with the execution and entering into of this Paying Agent Agreement do exist, have 

happened and have been performed in regular and due time, form and manner as required by law, 

and the parties hereto are now duly authorized to execute and enter into this Paying Agent 

Agreement; 

NOW, THEREFORE, in order to secure the payment of the Refunding Bonds and the 

performance and observance by the District of all the covenants, agreements and conditions 

herein and in the Refunding Bonds contained, and in consideration of the mutual covenants and 

981251.1 4982.1 1 

61

agreements contained herein, and for other valuable consideration, the District and the Paying 

Agent hereby agree as follows: 

ARTICLE I 

DEFINITIONS 

Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in 

this Section 1.1 shall, for all purposes hereof and of any amendment hereof or supplement hereto 

and df the Refunding Bonds and of any certificate, opinion, request or other document mentioned 

herein or therein, have the meanings defined herein, the following definitions to be equally 

applicable to both the singular and plural forms of any of the terms defined herein: 

Authorized District Representative means the Superintendent, Assistant 

Superintendent, and Director of Fiscal Services of the District and any other designee of the 

Superintendent or the Board, acting with the authority of the Superintendent. 

Board means the Governing Board of the District. 

Bondowner, Bondholder, Owner, or Holder means the person in whose name any 

Refunding Bond shall be registered. 

Business Day means any day of the week other than a Saturday or a Sunday on which the 

Paying Agent is not required or authorized to remain closed and on which the New York Stock 

Exchange is open for business. 

Certificate of the District. See “Request of the District” defined herein. 

Code means the Internal Revenue Code of 1986, as the same shall be hereafter amended, 

and any regulations heretofore issued or that shall be hereafter issued by the United States 

Department of the Treasury thereunder. 

Continuing Disclosure Certificate means that certain Continuing Disclosure Certificate 

executed and delivered by the District, dated the date of issuance and delivery of the Refunding 

Bonds and pertaining thereto, as originally executed and as it may be amended from time to time 

in accordance with the terms thereof. 

County means the County of Solano, State of California. 

Debt Service Fund means the account maintained by the Paying Agent for the payment 

of debt service on the District’s general obligation bonds. 

District means the Fairfield-Suisun Unified School District, located in the County. 

Escrow Agent means U.S. Bank National Association, as escrow agent under the Escrow 

Agreement, its successors and assigns, and any other corporation or association that may at any 

time be substituted in its place in accordance with the Escrow Agreement. 

981251.1 4982.1 2 

62

Escrow Agreement means that certain agreement dated November 1, 2011, between the 

District and the Escrow Agent, regarding the Refunded Prior Bonds. 

Escrow Fund means the fund created pursuant to the Escrow Agreement. 

Holder. See “Bondowner” defined herein. 

Information Service means Standard & Poor’s Security Evaluations, Inc., Notification 

Services, 55 Water Street, 45th Floor, New York, New York 10041, Tel. 212-438-4510, Fax 

212-438-3975, or, in accordance with then-current guidelines of the Securities and Exchange 

Commission, such other addresses and or such other services providing information with respect 

to called bonds, or no such services, as the District may designate in a Request of the District 

delivered to the Paying Agent. 

Insurer means [INSURER] (“[INS]”), a domiciled financial guaranty 

insurance company, or any successor thereto. 

Investment Securities means the following: 

1. (a) Cash (fully insured by the Federal Deposit Insurance Corporation), (b) direct 

obligations (other than an obligation subject to variation in principal repayment) of the United 

States of America (“U.S. Treasury Obligations”), (c) obligations fully and unconditionally 

guaranteed as to timely payment of principal and interest by the United States of America, (d) 

obligations fully and unconditionally guaranteed as to timely payment of principal and interest 

by any agency or instrumentality of the United States of America when such obligations are 

backed by the full faith and credit of the United States of America, or (e) evidences of ownership 

of proportionate interests in future interest and principal payments on obligations described 

above held by a bank or trust company as custodian, under which the owner of the investment is 

the real party in interest and has the right to proceed directly and individually against the obligor 

and the underlying government obligations are not available to any person claiming through the 

custodian or to whom the custodian may be obligated. THE ABOVE REFERENCED 

OBLIGATIONS MAY CONSTITUTE DEFEASANCE OBLIGATIONS. 

Any security used for defeasance must provide for the timely payment of principal and 

interest and cannot be callable or prepayable prior to maturity or earlier redemption of the rated 

debt (excluding securities that do not have a fixed par value and/or whose terms do not promise a 

fixed dollar amount at maturity or call date). 

2. Federal Housing Administration debentures. 

3. The listed obligations of government-sponsored agencies which are not backed by the full 

faith and credit of the United States of America: 

(a) Federal Home Loan Mortgage Corporation (FHLMC) senior debt obligations and 

Participation certificates (excluded are stripped mortgage securities which are purchased 

at prices exceeding their principal amounts); 

981251.1 4982.1 3 

63

(b) Farm Credit System (formerly Federal Land Banks, Federal Intermediate Credit 

Banks and Banks for Cooperatives) consolidated system-wide bonds and notes; 

(c) Federal Home Loan Banks (FHL Banks) consolidated debt obligations; or 

(d) Federal National Mortgage Association (FNMA) senior debt obligations and 

mortgage-backed securities (excluded are stripped mortgage securities which are 

purchased at prices exceeding their principal amounts). 

4. Unsecured certificates of deposit, time deposits, and bankers’ acceptances (having 

maturities of not more than 365 days) of any bank the short-term obligations of which are rated 

“A-l+ or better by S&P and “Prime 1” by Moody’s. 

5. Deposits the aggregate amount of which is fully insured by the Federal Deposit Insurance 

Corporation, in banks which have capital and surplus of at least $15 million. 

6. Commercial paper (having original maturities of not more than 270 days) rated “A-i+” 

by S&P and “Prime-i” by Moody’s. Entities that may issue commercial paper shall be consistent 

with California Government Code Section 53601 or its equivalent. 

7. Money market funds rated “Aam” or “AAm-G” by S&P, or better and if rated by 

Moody’s rated “Aa2” or better including, without limitation any mutual fund for which the 

Paying Agent or an affiliate of the Paying Agent serves as investment manager, administrator, 

shareholder servicing agent, and/or custodian or subcustodian, notwithstanding that (i) the 

Paying Agent or an affiliate of the Paying Agent receives fees from funds for services rendered, 

(ii) the Paying Agent collects fees for services rendered pursuant to this Indenture, which fees are 

separate from the fees received from such funds, and (iii) services performed for such funds and 

pursuant to this Indenture may at times duplicate those provided to such funds by the Paying 

Agent or an affiliate of the Paying Agent. 

8. “State Obligations”, which means: 

(a) Direct general obligations of any state of the United States of America or any 

subdivision or agency thereof to which is pledged the full faith and credit of a state the 

unsecured general obligation debt of which is rated at least “A3” by Moody’s and at least 

“A-” by S&P, or any obligation fully and unconditionally guaranteed by any state, 

subdivision or agency whose unsecured general obligation debt is so rated. 

(b) Direct general short-term obligations of any state agency or subdivision or agency 

thereof described in (a) above and rated “A-i+” by S&P and “MIG-l” by Moody’s. 

(c) Special Revenue Bonds (as defined in the United States Bankruptcy Code) of any 

state or state agency described in (b) above and rated “AA-” or better by S&P and “Aa3” 

or better by Moody’s. 

981251.1 4982.1 4 

64

9. Pre-refunded municipal obligations rated “AAA” by S&P and “Aaa” by Moody’s meeting 

the following requirements: 

(a) the municipal obligations are (1) not subject to redemption prior to maturity or (2) 

the Paying Agent for the municipal obligations has been given irrevocable instructions 

concerning their call and redemption and the issuer of the municipal obligations has 

covenanted not to redeem such municipal obligations other than as set forth in such 

instructions; 

(b) the municipal obligations are secured by cash or U.S. Treasury Obligations which 

may be applied only to payment of the principal of, interest and premium on such 

municipal obligations; 

(c) the principal of and interest on the U.S. Treasury Obligations (plus any cash in the 

escrow) has been verified by the report of independent certified public accountants to be 

sufficient to pay in full all principal of, interest, and premium, if any, due and to become 

due on the municipal obligations (“Verification Report”); 

(d) the cash or U.S. Treasury Obligations serving as security for the municipal 

obligations are held by an escrow agent or Paying Agent in trust for owners of the 

municipal obligations; 

(e) no substitution of a U.S. Treasury Obligation shall be permitted except with 

another U.S. Treasury Obligation and upon delivery of a new Verification Report; and 

(f) the cash or U.S. Treasury Obligations are not available to satisfy any other claims, 

including those by or against the Paying Agent or escrow agent. 

10. Repurchase or reverse repurchase agreements: with (1) any domestic bank (including the 

Paying Agent or any of its affiliates), or domestic branch of a foreign bank, the long term debt of 

which is rated at least “A-” by S&P and “A3” Moody’s; or (2) any broker-dealer with “retail 

customers” or a related affiliate thereof which broker-dealer has, or the parent company (which 

guarantees the provider) of which has, long-term debt rated at least “A-” by S&P and “A3” by 

Moody’s, which broker-dealer falls under the jurisdiction of the Securities Investors Protection 

Corporation; or (3) any other entity rated at least “A-” by S&P and “A3” Moody’s and acceptable 

to the Insurer (each an “Eligible Provider”), provided that: 

(a) (i) permitted collateral shall include U.S. Treasury Obligations, or senior debt 

obligations of GNMA, FNMA or FHLMC (no collateralized mortgage obligations shall 

be permitted for these providers), and (ii) collateral levels must be at least 102% of the 

total principal when the collateral type is U.S. Treasury Obligations, 103% of the total 

principal when the collateral type is GNMA’s and 104% of the total principal when the 

collateral type is FNMA and FHLMC (“Eligible Collateral”); 

(b) the Paying Agent or a third party acting solely as agent therefor or for the District 

(the “Custodian”) has possession of the collateral or the collateral has been transferred to 

981251.14982.1 5 

65

the Custodian in accordance with applicable state and federal laws (other than by means 

of entries on the transferor’s books) and such collateral shall be marked to market; 

(c) the collateral shall be marked to market on a daily basis and the provider or the 

Custodian shall send monthly reports to the Paying Agent, the District and the Insurer 

setting forth the type of collateral, the collateral percentage required for that collateral 

type, the market value of the collateral on the valuation date and the name of the 

Custodian holding the collateral; 

(d) the repurchase agreement (or guaranty, if applicable) may not be assigned or 

amended without the prior written consent of the Insurer; 

(e) the repurchase agreement shall state and an opinion of counsel shall be rendered 

at the time such collateral is delivered that the Custodian has a perfected first priority 

security interest in the collateral, any substituted collateral and all proceeds thereof; 

(f) the repurchase, agreement shall provide that if during its term the provider’s rating 

by either Moody’s or S&P is withdrawn or suspended or falls below “A-” by S&P or 

“A3” by Moody’s, as appropriate, the provider must, notify the District, the Paying Agent 

and the Insurer within five (5) days of receipt of such notice. Within ten (10) days of 

receipt of such notice, the provider shall either: (i) provide a written guarantee acceptable 

to the Insurer, (ii) post Eligible Collateral, or (iii) assign the agreement to an Eligible 

Provider. If the provider does not perform a remedy within ten (10) business days, the 

provider shall, at the direction of the Paying Agent (who shall give such direction if so 

directed by the Insurer) repurchase all collateral and terminate the repurchase agreement, 

with no penalty or premium to the District or the Paying Agent. 

11. Investment agreements: with a domestic or foreign bank or corporation the long-term 

debt of which, or, in the case of a guaranteed corporation the long-term debt, or, in the case of a 

monoline financial guaranty insurance company, claims paying ability, of the guarantor is rated 

at least “AA-” by S&P and “Aa3” by Moody’s, and acceptable to the Insurer (each an “Eligible 

Provider”); provided that: 

(a) interest payments are to be made to the Paying Agent at times and in amounts as 

necessary to pay debt service (or, if the investment agreement is for the construction 

fund, construction draws) on the Certificates; 

(b) the invested funds are available for withdrawal without penalty or premium, at 

any time upon not more than seven (7) days’ prior notice; the District and the Paying 

Agent hereby agree to give or cause to be given notice in accordance with the terms of 

the investment agreement so as to receive funds thereunder with no penalty or premium 

paid; 

(c) the provider shall send monthly reports to the Paying Agent, the District and the 

Insurer setting forth the balance the District or the Paying Agent has invested with the 

provider and the amounts and dates of interest accrued and paid by the provider; 

981251.1 4982.1 6 

66

(d) the investment agreement shall state that it is an unconditional and general 

obligation of the provider, and is not subordinated to any other obligation of, the provider 

thereof or, if the provider is a bank, the agreement or the opinion of counsel shall state 

that the obligation of the provider to make payments thereunder ranks pan passu with the 

obligations of the provider to its other depositors and its other unsecured and 

unsubordinated creditors; 

(e) the investment agreement (or guaranty, if applicable) may not be assigned or 

amended without the prior written consent of the Insurer; 

(f) the District, the Paying Agent and the Insurer shall receive an opinion of domestic 

counsel to the provider that such investment agreement is legal, valid, binding and 

enforceable against the provider in accordance with its terms; 

(g) the District, the Paying Agent and the Insurer shall receive an opinion of foreign 

counsel to the provider (if applicable) that (i) the investment agreement has been duly 

authorized, executed and delivered by the provider and constitutes the legal, valid and 

binding obligation of the provider, enforceable against the provider in accordance with its 

terms, (b) the choice of law of the state set forth in the investment agreement is valid 

under that country’s laws and a court in such country would uphold such choice of law, 

and (c) any judgment rendered by a court in the United States would be recognized and 

enforceable in such country; 

(h) the investment agreement shall provide that if during its term: 

(i) the provider’s rating by either S&P or Moody’s falls below “AA-” or 

“Aa3”, the provider shall, at its option, within ten (10) days of receipt of 

publication of such downgrade, either (i) provide a written guarantee acceptable 

to the Insurer, (ii) post Eligible Collateral with the District, the Paying Agent or a 

third party acting solely as agent therefore (the “Custodian”) free and clear of any 

third party liens or claims, or (iii) assign the agreement to an Eligible Provider, or 

(iv) repay the principal of and accrued but unpaid interest on the investment; 

(ii) the provider’s rating by either S&P or Moody’s is withdrawn or suspended 

or falls below “A-” or “A3”, the provider must, at the direction of the District or 

the Paying Agent (who shall give such direction if so directed by the Insurer), 

within ten (10) days of receipt of such direction, repay the principal of and 

accrued but unpaid interest on the investment, in either case with no penalty or 

premium to the District or the Paying Agent. 

(i) in the event the provider is required to collateralize, permitted collateral shall 

include U.S. Treasury Obligations, or senior debt obligations of GNMA, FNMA or 

FHLMC (no collateralized mortgage obligations shall be permitted for these providers) 

and collateral levels must be 102% of the total principal when the collateral type is U.S. 

Treasury Obligations, 103% of the total principal when the collateral type is GNMA’s 

981251.14982.1 7 

67

and 104% of the total principal when the collateral type is FNMA and FHLMC (“Eligible 

Collateral”). In addition, the collateral shall be marked to market on a daily basis and the 

provider or Custodian shall send monthly reports to the Paying Agent, the District and the 

Insurer setting forth the type of collateral, the collateral percentage required for that 

collateral type, the market value of the collateral on the valuation date and the name of 

the Custodian holding the collateral; - 

(j) the investment agreement shall state and an opinion of counsel shall be rendered, 

in the event collateral is required to be pledged by the provider under the terms of the 

investment agreement, at the time such collateral is delivered, that the Custodian has a 

perfected first priority security interest in the collateral, any substituted collateral and all 

proceeds thereof; 

(k) the investment agreement must provide that if during its term: (i) the provider 

shall default in its payment obligations, the provider’s obligations under the investment 

agreement shall, at the direction of the District or the Paying Agent (who shall give such 

direction if so directed by the Insurer), be accelerated and amounts invested and accrued but 

unpaid interest thereon shall be repaid to the District or the Paying Agent, as appropriate, and (ii) 

the provider shall become insolvent, not pay its debts as they become due, be declared or petition 

to be declared bankrupt, etc. (“event of insolvency”), the provider’s obligations shall 

automatically be accelerated and amounts invested and accrued but unpaid interest thereon shall 

be repaid to the District or the Paying Agent, as appropriate. 

Interest Payment Date means February 1 and August 1 of each year. The first Interest 

Payment Date shall be February 1, 2012. 

Law means Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the 

California Government Code, and other applicable law. 

Order of the District. See “Request of the District” defined herein. 

Opinion of Counsel means a written opinion of counsel of recognized national standing 

in the field of law relating to municipal bonds, appointed and paid by the District. 

Owner. See “Bondowner” defined herein. 

Paying Agent means U.S. Bank National Association as paying agent, registrar, and 

transfer agent with respect to the Refunding Bonds, its successors and assigns and any other 

corporation or association that may at any time be substituted in its place as provided in 

Section 6.2 (Resignation, Removal, Replacement of Paying Agent) hereof. 

Paying Agent Agreement means this agreement, by and between the District and the 

Paying Agent. 

Paying Agent’s Office means the office of the Paying Agent located at U.S. Bank 

National Association, Mail Station: SF-CACT, One California Street, Suite 1000, San Francisco, 

CA, 94111; and for purposes of presentation of Bonds for transfer, exchange or payment, the 

office of the Paying Agent at U.S. Bank National Association, 60 Livingston Avenue, St. Paul, 

981251.1 4982.1 8 

68

MN 55107, Attention: Bond Drop Window; or such other additional offices as may be 

designated by the Paying Agent. 

Prior Bonds means the outstanding bonds of the District designated the “Fairfield 

Suisun Unified School District, General Obligation Bonds (Solano and Napa Counties, 

California), Election of 2002, Series 2002”. - - 

Record Date means the 15th day of the month preceding any Interest Payment Date. 

The first Record Date shall be January 15, 2012. 

Refunded Prior Bonds means the outstanding Prior Bonds maturing on and after August 

1,2013. 

Refunding Bonds means the Fairfield-Suisun Unified School District (Solano and Napa 

Counties, California) 2011 General Obligation Refunding Bonds issued hereunder. 

Request of the District, Certificate of the District, or Order of the District means a 

written request, certificate or order, respectively, authorized and signed by an Authorized District 

Representative. 

Securities Depositories means The Depository Trust Company, 711 Stewart Avenue, 

Garden City, New York 11530, Fax-(5 16) 227-4039 or 4190, or, in accordance with then-current 

guidelines of the Securities and Exchange Commission, such other securities depositories, or no 

such depositories, as the District may designate in a Request of the District delivered to the 

Paying Agent. 

State means the State of California. 

Tax Certificate means the Tax Certificate concerning certain matters pertaining to the 

use of proceeds of the Refunding Bonds, executed and delivered by the District on the date of 

issuance of the Refunding Bonds, including all exhibits attached thereto, as such certificate may 

from time to time be modified or supplemented in accordance with the terms thereof. 

Tax Collection Fund means the fund by that name that is administered by the Treasurer 

and into which the collected ad valorem taxes levied by the Treasurer to pay the principal of and 

interest on the Refunding Bonds are deposited. The monies held in the Tax Collection Fund shall 

be used for the payment of the principal and interest on the Refunding Bonds when due, and the 

fees and expenses of the Paying Agent. 

Treasurer means the Treasurer and Tax Collector of the County. 

Section 1.2. Effect of Headings and Table of Contents. The headings or titles of the 

several Articles and Sections hereof, and any table of contents appended to copies hereof, shall 

be solely for convenience of reference and shall not affect the meaning, construction, or effect of 

this Paying Agent Agreement. 

Section 1.3. Successors and Assigns. Whenever in this Paying Agent Agreement the 

County, the District, or the Paying Agent is named or referred to, such reference shall be deemed 

981251.1 4982.1 9 

69

to include the successors or assigns thereof and all the covenants and agreements in this Paying 

Agent Agreement contained by or on behalf of the District or the Paying Agent shall bind and 

inure to the benefit of the respective successors and assigns thereof whether so expressed or not. 

Section 1.4. Benefits of Paying Agent Agreement. Nothing in this Paying Agent 

Agreement or in the Refunding Bonds expressed or implied is intended or shall be construed to 

give to any person other than the District, the Paying Agent, and the Owners of the Refunding 

Bonds, any legal or equitable right, remedy or claim under or in respect of this Paying Agent 

Agreement or any covenant, condition or provision therein or herein contained; and all such 

covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit 

of the District, the Paying Agent, and the Owners of the Refunding Bonds. 

Section 1.5. Payments/Actions Otherwise Scheduled on Non-Business Days. 

Except as specifically set forth in a Supplemental Paying Agent Agreement, any payments or 

transfers that would otherwise become due on any day that is not a Business Day shall become 

due or shall be made on the next succeeding Business Day. When any other action is provided 

for herein to be done on a day named or within a specified time period and the day named or the 

last day of the specified period falls on a day other than a Business Day, such action may be 

performed on the next succeeding Business Day with the same effect as though performed on the 

appointed day or within the specified period. 

Section 1.6. No Personal Liability for Debt Service. No Board member, officer, 

agent, or employee of the County, the District, or the Paying Agent shall be individually or 

personally liable for the payment of the principal or interest on the Refunding Bonds or be 

subject to any personal liability or accountability by reason of the issuance thereof; but nothing 

herein contained shall relieve any such Board member, officer, agent, or employee of the 

County, the District, or the Paying Agent from the performance of any official duty provided by 

law or by this Paying Agent Agreement. 

Section 1.7. County Immunities. The District and the Paying Agent acknowledge 

that the County, including its Board of Supervisors, officers, officials, agents, and employees, 

shall retain all of their respective constitutional and statutory privileges, immunities, rights, and 

defenses in carrying out their duties referred to herein. 

Section 1.8. Separability Clause. If any one or more of the provisions contained in 

this Paying Agent Agreement or in the Refunding Bonds shall for any reason be held to be 

invalid, illegal, or unenforceable in any respect, then such provision or provisions shall be 

deemed severable from the remaining provisions contained in this Paying Agent Agreement and 

such invalidity, illegality, or unenforceability shall not affect any other provision of this Paying 

Agent Agreement, and this Paying Agent Agreement shall be construed as if such invalid or 

illegal or unenforceable provision had never been contained herein. The District hereby declares 

that it would have adopted this Paying Agent Agreement and each and every other Section, 

paragraph, sentence, clause, or phrase hereof and authorized the issuance of the Refunding 

Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, 

sentences, clauses, or phrases of this Paying Agent Agreement may be held illegal, invalid, or 

unenforceable. 

981251.1 4982.1 10 

70

Section 1.9. Governing Law. This Paying Agent Agreement shall be construed and 

governed in accordance with the laws of the State. 

Section 1.10. Counterparts. This Paying Agent Agreement may be signed in several 

counterparts, each of which will constitute an original, but all of which shall constitute one and 

the same instrument. 

Section 1.11 Notices. Unless otherwise specified herein, all notices, statements, orders, 

requests or other communications hereunder by any party to another shall be in writing and shall 

be sufficiently given and served upon the other party if delivered personally or if mailed by 

United States registered or certified mail, return receipt requested, postage prepaid, or if given by 

fax, electronically, or other means of written communication and confirmed by mail: 

If to the District: Fairfield-Suisun Unified School District 

2490 Hilborn Road 


Attn: Superintendent 

If to the Paying Agent: U.S. Bank National Association 

Mail Station: SF-CACT 

One California Street 

Suite 1000 

San Francisco, CA, 94111 

If to the County: Treasurer-Tax Collector-County Clerk 

675 Texas Street 

Suite 1900 

Court House Annex 


ARTICLE II 

THE REFUNDING BONDS 

Section 2.1 Authorization and Title. The District hereby authorizes the issuance of 

Refunding Bonds in the aggregate principal amount of $[PAR AMOUNT]. The title of the 

Refunding Bonds shall be “Fairfield-Suisun Unified School District (Solano and Napa Counties, 

California) 2011 General Obligation Refunding Bonds.” At any time after the execution and 

delivery of this Paying Agent Agreement, the District may execute and the Paying Agent shall 

authenticate and deliver the Refunding Bonds upon the Order of the District. 

Section 2.2 Terms and Form of Refunding Bonds. (A) Form of Refunding Bonds. 

The form of the Refunding Bonds shall be substantially as set forth in Exhibit A with such 

insertions, omissions, substitutions, and variations as may be determined by the officers 

executing the same, as evidenced by their execution thereof, to reflect the applicable terms of the 

Refunding Bonds established by this Article. 

981251.1 4982.1 11 

71

(B) Book-Entry Form; Denominations. The Refunding Bonds shall be issued in fully 

registered form, in denominations of $5,000 or any integral multiple thereof, and shall be 

initially registered in the name of “Cede & Co.,” as nominee of The Depository Trust Company. 

The Refunding Bonds shall be evidenced by one Refunding Bond maturing on each of the 

maturity dates with respect to the Refunding Bonds in a denomination corresponding to the total 

principal amount represented by the Refunding Bonds payable on such date. Registered 

ownership of the Refunding Bonds, or any portion thereof, may not thereafter be transferred 

except as set forth in Section 2.4 (Book-Entry System). The Refunding Bonds shall bear such 

distinguishing numbers and letters as may be specified by the Paying Agent. 

(C) Date; Interest Accrual; Maturity Dates; Interest Rates. The Refunding Bonds 

shall be dated their date of delivery, shall bear interest from their date at the following rates per 

annum, and shall mature on August 1 in the following years in the following amounts: 

* 

Maturity Principal Interest 

(August 1) Amount Rate 

2012 $ % 

2013 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

2021 

2022 

2023 

2024 

2025 

2026 

2027 

Interest on the Refunding Bonds shall be calculated on the basis of a 360-day year 

comprising twelve 30-day months. Each Refunding Bond will bear interest from the Interest 

Payment Date next preceding the date of authentication thereof, unless (i) it is authenticated as of 

a day during the period after the Record Date to that Interest Payment Date, both dates inclusive, 

in which event it will bear interest from such Interest Payment Date, or (iii) unless it is 

authenticated on or before January 15, 2012, in which event it will bear interest from the date of 

delivery, provided, that if, at the time of authentication of any Refunding Bond, interest is in 

default thereon, such Refunding Bond will bear interest from the Interest Payment Date to which 

interest has previously been paid or made available for payment. 

(D) Principal and Interest Payments. The principal of the Refunding Bonds shall be 

payable to the Owner thereof upon surrender thereof in lawful money of the United States of 

981251.14982.1 12 

72

America at the Paying Agent’s Office or, as provided in Section 2.4(E) (Book-Entry System -- 

Payments to Depository), by wire transfer on each principal and mandatory redemption payment 

date to “Cede & Co.” or its registered assign, as sole registered Owner. Interest on the 

Refunding Bonds shall be payable on February 1, 2012, and thereafter semiannually on 

February 1 and August 1 of each year by check mailed by first class mail or, as provided in 

Section 2.4(E) (Book-Entry System -- Payments to Depository) and upon the written request of 

any Owner of $1,000,000 or more in aggregate principal amount of Refunding Bonds who has 

provided the Paying Agent with wire transfer instructions on or before the applicable Record 

Date, by wire transfer on each Interest Payment Date to the Owner thereof as of the close of 

business on the Regular Record Date. 

(E) Cessation of Interest Accrual. Interest on any Refunding Bond shall cease to 

accrue on the maturity date thereof, provided that there has been irrevocably deposited with the 

Paying Agent an amount sufficient to pay the principal amount thereof, plus interest accrued 

thereon to such date. The Holder of such Refunding Bond shall not be entitled to any other 

payment, and such Refunding Bond shall no longer be Outstanding and entitled to the benefits of 

this Paying Agent Agreement, except for the payment of the principal amount of such Refunding 

Bond and interest accrued thereon from moneys held by the Paying Agent for such payment. 

Section 2.3 Execution and Authentication of Refunding Bonds. The Refunding 

Bonds shall be signed by the manual or facsimile signature of the President or any member of the 

Board and the Secretary of the Board or his or her designee. The Refunding Bonds shall be 

authenticated by a manual signature of a duly authorized officer of the Paying Agent. 

In case any of the officers who shall have signed or countersigned any of the Refunding 

Bonds shall cease to be such officer or officers of the District before the Refunding Bonds so 

signed or countersigned shall have been authenticated, or delivered by the Paying Agent, or 

issued by the District, such Refunding Bonds may nevertheless be authenticated, delivered, and 

issued and, upon such authentication, delivery, and issue, shall be as binding upon the District as 

though those who signed and countersigned the same had continued to be such officers of the 

District. Any Refunding Bond may be signed and attested on behalf of the District by such 

persons as at the actual date of execution such Refunding Bond shall be the proper officers of the 

District although at the nominal date of such Refunding Bond any such person shall not have 

been such officer of the District. 

No Refunding Bond shall be valid or obligatory for any purpose or entitled to the benefits 

of this Paying Agent Agreement unless there appears on such Refunding Bond a certificate of 

authentication substantially in the form provided for herein, manually executed by the Paying 

Agent. Such certificate of authentication when manually executed by the Paying Agent shall be 

conclusive evidence, and the only evidence, that such Refunding Bond has been duly executed, 

authenticated, and delivered hereunder. 

Section 2.4 Book-Entry System. Notwithstanding any provision of this Paying Agent 

Agreement to the contrary, the following provisions shall apply: 

(A) Limitations on Transfer. Registered ownership of Refunding Bonds issued in 

book-entry form, or any portions thereof, may not be transferred except: 

981251.1 4982.1 13 

73

(1) To any successor of Cede & Co., as nominee of The Depository Trust 

Company, or its nominee, or to any substitute depository designated pursuant to clause 

(2) of this section (a “substitute depository”); provided, that any successor of Cede & 

Co., as nominee of The Depository Trust Company or substitute depository, shall be 

qualified under any applicable laws to provide the services proposed to be provided by it; 

(2) To any substitute depository not objected to by the District, upon (a) the 

resignation of The Depository Trust Company or its successor (or any substitute 

depository or its successor) from its functions as depository, or (b) a determination by the 

District to substitute another depository for The Depository Trust Company (or its 

successor) because The Depository Trust Company or its successor (or any substitute 

depository or its successor) is no longer able to carry out its functions as depository; 

provided, that any such substitute depository shall be qualified under any applicable laws 

to provide the services proposed to be provided by it; or 

(3) To any person as provided below, upon (a) the resignation of The 

Depository Trust Company or its successor (or substitute depository or its successor) 

from its functions as depository, or (b) a determination by the District to remove The 

Depository Trust Company or its successor (or any substitute depository or its successor) 

from its functions as depository. 

(B) Execution and Delivery of New Refunding Bonds. In the case of any transfer 

pursuant to clause (1) or clause (2) of subsection (A) hereof upon receipt of the outstanding 

Refunding Bonds by the Paying Agent, together with a Request of the District, a new Refunding 

Bond for each maturity shall be executed and delivered pursuant to the procedures described in 

the third paragraph of Section 2.5 (Transfer and Exchange of Refunding Bonds upon 

Termination of Book-Entry System) hereof in the aggregate principal amount of the Refunding 

Bonds then outstanding, registered in the name of such successor or such substitute depository, 

or their nominees, as the case may be, all as specified in such Request of the District. In the case 

of any transfer pursuant to clause (3) of subsection (A) hereof, upon receipt of the outstanding 

Refunding Bonds by the Paying Agent together with a Request of the District, new Refunding 

Bonds shall be executed and delivered in such denominations numbered in the manner 

determined by the Paying Agent and registered in the names of such persons as are requested in 

such Request of the District, subject to the limitations of Section 2.2 (Terms and Form of 

Refunding Bonds) and the receipt of such a Request of the District, and thereafter, the Refunding 

Bonds shall be transferred pursuant to the provisions set forth in Section 2.5 (Transfer and 

Exchange of Refunding Bonds upon Termination of Book-Entry System) hereof; provided that 

the Paying Agent shall not be required to deliver such new Refunding Bonds within a period of 

fewer than 60 days from the date of receipt of such a Request of the District. 

(C) Notation of Reduction of Principal. In the case of partial redemption, cancellation 

or a refunding of any Refunding Bonds evidencing all or a portion of the principal maturing in a 

particular year, The Depository Trust Company shall make an appropriate notation on the 

Refunding Bonds indicating the date and amounts of such reduction in principal. The Paying 

Agent shall not be liable for any failure or error of the Depository Trust Company to make such 

notations; the records of the Paying Agent shall be controlling with respect to the outstanding 

principal amount of Refunding Bonds. 

981251.1 4982.1 14 

74

(D) No Responsibility to Persons Other Than Owners. The District and the Paying 

Agent shall be entitled to treat the person in whose name any Refunding Bond is registered as the 

Owner thereof, notwithstanding any notice to the contrary received by the Paying Agent or the 

District, and the District and the Paying Agent shall have no responsibility for transmitting 

payments to, communicating with, notifying, or otherwise dealing with any beneficial owners of 

the Refunding Bonds. Neither the District nor the Paying Agent shall have any responsibility or 

obligation, legal or otherwise, to the beneficial owners or to any other party including The 

Depository Trust Company or its successor (or substitute depository or its successor), except as 

the Owner of any Refunding Bonds. 

(E) Payments tO Depository. So long as the outstanding Refunding Bonds are 

registered in the name of Cede & Co. or its registered assigns, the District and the Paying Agent 

shall cooperate with Cede & Co., as sole Owner, or its registered assigns, in effecting payment of 

the principal of and interest on the Refunding Bonds by arranging for payment in such manner 

that funds for such payments are properly identified and are made immediately available (e.g., by 

wire transfer) on the date they are due. 

Section 2.5 Transfer and Exchange of Refunding Bonds upon Termination of 

Book-Entry System. If the Refunding Bonds shall no longer be registered in the name of Cede 

& Co. as a result of the operation of Section 2.4 (Book-Entry System) hereof, then the 

procedures contained in this section shall apply. 

Any Refunding Bond may, in accordance with its terms, be transferred upon the books 

required to be kept pursuant to the provisions of Section 2.6 (Bond Register) hereof by the 

person in whose name it is registered, in person or by the duly authorized attorney of such 

person, upon surrender of such Refunding Bond to the Paying Agent for cancellation, 

accompanied by delivery of a duly executed written instrument of transfer in a form approved by 

the Paying Agent. 

Whenever any Refunding Bond or Bonds shall be surrendered for transfer, the designated 

District officials shall execute (as provided in Section 2.3 (Execution and Authentication of 

Refunding Bonds) hereof) and the Paying Agent shall authenticate and deliver a new Refunding 

Bond or Bonds of the same maturity, for a like aggregate principal amount and bearing the same 

rate of interest. The Paying Agent shall require the payment by the Bondowner requesting any 

such transfer of any tax or other governmental charge required to be paid with respect to such 

transfer. 

Refunding Bonds may be exchanged at the office of the Paying Agent designated, for a 

like aggregate principal amount of Refunding Bonds of other authorized denominations of the 

same maturity and interest rate. The Paying Agent shall require the payment by the Bondowner 

requesting such exchange of any tax or other governmental charge required to be paid with 

respect to such exchange. 

No transfer or exchange of Refunding Bonds shall be required to be made by the Paying 

Agent during the period from the close of business on the Record Date next preceding any 

Interest Payment. 

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Section 2.6 Bond Register. (A) The Paying Agent will keep or cause to be kept, at 

its principal corporate trust office, sufficient books for the registration and transfer of the 

Refunding Bonds, which shall at all times be open to inspection by the District, and, upon 

presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it 

may prescribe, register or transfer or cause to be registered or transferred, on said books, 

Refunding Bonds as hereinbefore provided. 

(B) The Paying Agent shall assign each Refunding Bond authenticated and registered 

by it a distinctive letter or number, or letter and number. 

Section 2.7 Validity of Refunding Bonds. The recital contained in the Refunding 

Bonds that the same are regularly issued pursuant to the Law shall be conclusive evidence of 

their validity and of compliance with the provisions of the Law in their issuance. 

ARTICLE III 

APPLICATION OF PROCEEDS OF THE REFUNDING BONDS 

Section 3.1 Application of Proceeds of the Refunding Bonds and Other Amounts. 

The District shall cause the purchase price of the Refunding Bonds to be deposited with the 

Paying Agent and the Paying Agent shall deposit (or transfer) the following amounts into the 

following accounts: 

(A) $________________ 

into the Escrow Fund held by the Escrow Agent, 

(B) into the Costs of Issuance Fund, which is hereby created and 

$________________ 

which shall be held and administered by the Paying Agent. The Paying Agent shall pay amounts 

held in the Costs of Issuance Fund upon the written Order of the District. Six months after 

November 16, 2011, or upon prior written Order of the District, the Paying Agent shall transfer 

any remaining amounts in the Costs of Issuance Fund for deposit into the Debt Service Fund of 

the District. 

ARTICLE IV 

REDEMPTION OF THE REFUNDING BONDS 

Section 4.1. Optional Redemption. The Refunding Bonds maturing on or after 

August 1, 2021 are subject to redemption prior to their respective stated maturity dates, at the 

option of the District, from any source of available funds, in whole or in part, in such maturities 

as specified by the District and by lot within a maturity, on any date on or after August 1, 2020 at 

the principal amount of Refunding Bonds called for redemption, plus accrued interest thereon to 

the date of redemption, without premium. 

Section 4.2. Mandatory Sinking Fund Redemption. The Bonds maturing on 

August 1, 20, (the “Term Bonds”), are subject to redemption prior to maturity from mandatory 

sinking fund payments on August 1 of each year, in accordance with the schedules set forth 

below. The Term Bonds so called for mandatory sinking fund redemption shall be redeemed at 

98125114982.1 16 

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the principal amount thereof, together with interest thereon accrued to the redemption date, 

without premium. 

$ Term Bonds Maturing on August 1, 20 

Redemption Date (August 1) Principal Amount 

Section 4.3 Selection by Paying Agent of Refunding Bonds to be Redeemed. If 

less than all the Refunding Bonds within a maturity are to be redeemed, not more than sixty (60) 

days prior to the redemption date the Paying Agent shall select the particular Refunding Bonds to 

be redeemed from the Refunding Bonds that have not previously been called for redemption, in 

minimum amounts of $5,000, at the direction of the District, and if no such direction has been 

provided, by lot in any manner that the Paying Agent in its sole discretion shall deem appropriate 

and fair. 

The Paying Agent shall promptly notify the District in writing of the Refunding Bonds so 

selected for redemption and, in the case of a Refunding Bond selected for partial redemption, the 

principal amount thereof to be redeemed. 

For all purposes of this Indenture, unless the context otherwise requires, all provisions 

relating to the redemption of Refunding Bonds shall relate, in the case of any Refunding Bond 

redeemed or to be redeemed only in part, to the portion of the principal of such Refunding Bond 

that has been or is to be redeemed. 

Section 4.4 Notice of Redemption. 

(A) Mailed Notice. The Paying Agent shall mail notice of redemption not fewer than 

thirty (30) nor more than sixty (60) days prior to the redemption date by first-class mail, postage 

prepaid, to the respective Owners of any Refunding Bonds designated for redemption at their 

addresses appearing on the Bond Register. If the Refunding Bonds are not registered solely to a 

Securities Depository, the Paying Agent shall also give notice of redemption of Refunding Bonds 

to the Securities Depositories and the Information Service (at the same time it mails notice of 

redemption to the Owners) by registered or overnight mail. 

(B) Content of Notice. Each notice of redemption shall state (a) the date of such notice, 

(b) the name of the Refunding Bonds, (c) the date of issue of the Refunding Bonds, (d) the 

redemption date, (e) the Redemption Price, (f) the place or places of redemption (including the 

name and appropriate address or addresses of the Paying Agent), (g) the CUSIP number (if any) 

of each maturity of the Refunding Bonds to be redeemed, and (h) if less than all of the Refunding 

Bonds of any maturity are to be redeemed, the distinctive certificate numbers of the Refunding 

Bonds of each maturity to be redeemed and, in the case of Refunding Bonds to be redeemed in 

part only, the respective portions of the principal amount of the Refunding Bonds of each 

maturity to be redeemed. Each such notice shall also (a) state that on said date there will become 

981251.1 4982.1 17 

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due and payable on each of said Refunding Bonds the redemption price thereof or of said 

specified portion of the principal amount in the case of a Refunding Bond to be redeemed in part 

only, together with interest accrued thereon to the date fixed for redemption, (b) state that from 

and after such redemption date interest thereon shall cease to accrue, and (c) require that such 

Refunding Bonds be then surrendered at the address or addresses of the Paying Agent specified 

in the redemption notice. Neither the District nor the Paying Agent shall have any responsibility 

for any defect in the CUSIP number that appears on any Refunding Bond or in any redemption 

notice with respect thereto, and any such redemption notice may contain a statement to the effect 

that CUSIP numbers have been assigned by an independent service for convenience of reference 

and that neither the District nor the Paying Agent shall be liable for any inaccuracy in such 

numbers. 

(C) Defects in Notice or Procedure. Failure by the Paying Agent to give notice to the 

Information Service or Securities Depositories or failure of any Owner to receive notice or any 

defect in any such notice shall not affect the sufficiency of the proceedings for redemption. 

Failure by the Paying Agent to mail notice to any one or more of the respective Owners of any 

Refunding Bonds designated for redemption shall not affect the sufficiency of the proceedings 

for redemption with respect to the Owner or Owners to whom such notice was mailed. 

Section 4.5 Deposit of Redemption Price. Prior to any redemption date, the District 

shall deposit with the Paying Agent an amount of money sufficient to pay the redemption price 

of all the Refunding Bonds that are to be redeemed on that date. Such money shall be held in 

trust for the benefit of the persons entitled to such redemption price. 

Section 4.6 Refunding Bonds Payable on Redemption Date. Notice of redemption 

having been duly given as aforesaid and moneys for payment of the redemption price of the 

Refunding Bonds so to be redeemed being held by the Paying Agent, on the redemption date 

designated in such notice (i) the Refunding Bonds so to be redeemed shall become due and 

payable at the redemption price specified in such notice, (ii) interest on such Refunding Bonds 

shall cease to accrue, (iii) such Refunding Bonds shall cease to be entitled to any benefit or 

security under this Indenture, and (iv) the Owners of such Refunding Bonds shall have no rights 

in respect thereof except to receive payment of said Redemption Price. Upon surrender of any 

such Refunding Bond for redemption in accordance with said notice, such Refunding Bond shall 

be paid by Paying Agent at the redemption price. Installments of interest due on or prior to the 

redemption date shall be payable to the Owners of the Refunding Bonds on the relevant Record 

Dates according to the terms of such Refunding Bonds and as provided herein. 

Section 4.7 Right to Rescind Notice. The District may rescind any optional 

redemption and notice thereof for any reason on any date prior to the date fixed for redemption 

by causing written notice of the rescission to be given to the Owners of the Refunding Bonds so 

called for redemption. Any optional redemption and notice thereof shall be rescinded if for any 

reason on the date fixed for redemption monies are not available in the Redemption Fund or 

otherwise held in trust for such purpose in an amount sufficient to pay in full on said date the 

principal of, interest, and any premium due on the Refunding Bonds called for redemption. 

Notice of rescission of redemption shall be given in the same manner in which notice of 

redemption was originally given. The actual receipt by the owner of any Refunding Bond of 

98125114982.1 18 

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notice of such rescission shall not be a condition precedent to rescission, and failure to receive 

such notice or any defect in such notice shall not affect the validity of the rescission. 

Section 4.8 Redemption Fund. Before optionally redeeming the Refunding Bonds, 

the District shall establish a special fund designated as the “Redemption Fund” with the Paying 

Agent. All moneys deposited by the District with the Paying Agent for the purpose of optionally 

redeeming the Refunding Bonds shall, unless otherwise directed by the District, be deposited in 

the Redemption Fund. All amounts deposited in the Redemption Fund shall be applied on or 

after the redemption date solely for payment of principal of and premium, if any, on the 

Refunding Bonds to be redeemed upon presentation and surrender of such Refunding Bonds, 

provided that all monies in the Redemption Fund of the District shall be used for the purposes 

established and permitted by law. Any interest due on or prior to the redemption date shall be 

paid from the Debt Service Fund of the District, unless otherwise provided for to be paid from 

such escrow. If, after all of the Refunding Bonds have been redeemed and cancelled or paid and 

cancelled, there are monies remaining in the Redemption Fund of the District or otherwise held 

in trust for the payment of redemption price of the Refunding Bonds, said monies shall be held in 

or returned or transferred to the Debt Service Fund of the District for payment of any outstanding 

bonds of the District payable from said fund; provided, however, that if said monies are part of 

the proceeds of bonds of the District, said monies shall be transferred to the fund created for the 

payment of principal of and interest on such bonds. If no such bonds of the District are at such 

time outstanding, said monies shall be transferred to the general fund of the District as provided 

and permitted by law. 

Section 4.9. Defeasance of Refunding Bonds. If at any time the District shall pay or 

cause to be paid or there shall otherwise be paid to the Owners of any or all outstanding 

Refunding Bonds all of the principal, interest and premium, if any, represented by Refunding 

Bonds at the times and in the manner provided herein and in the Refunding Bonds, or as 

provided in the following paragraph, or as otherwise provided by law consistent herewith, then 

such Owners shall cease to be entitled to the obligation to levy taxes for payment of the 

Refunding Bonds as described in Section 5.2 (Obligation to Levy Taxes for Payment of 

Refunding Bonds) hereof, and such obligation and all agreements and covenants of the District 

to such Owners hereunder and under the Refunding Bonds shall thereupon be satisfied and 

discharged and shall terminate, except only that the District shall remain liable for payment of all 

principal of and interest and premium, if any, on the Refunding Bonds, but only out of monies on 

deposit in the Debt Service Fund or otherwise held in trust for such ‘payment; and provided 

further, however, that the provisions of Section 6.7 (Money Held by Paying Agent; Unclaimed 

Monies) hereof shall apply in all events. 

For purposes of this section, the District may pay and discharge any or all of the 

Refunding Bonds by depositing in trust with the Paying Agent or an escrow agent at or before 

maturity, money or non-callable direct obligations of the United States of America or other noncallable 

obligations the payment of the principal of and interest on which is guaranteed by a 

pledge of the full faith and credit of the United States of America, in an amount that will, 

together with the interest to accrue thereon and available monies then on deposit in the Debt 

Service Fund of the District, be fully sufficient in the opinion of a certified public accountant 

licensed to practice in the State to pay and discharge the indebtedness on such Refunding Bonds 

(including all principal and interest) at or before their respective maturity dates. 

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- transfer 

ARTICLE V 

COVENANTS OF THE DISTRICT 

Section 5.1 Payment of Principal and Interest. At least one business day prior to 

the date any payment is due in respect of the Refunding Bonds, the District will the Treasurer to 

from the Tax Collection Fund to the Paying Agent for deposit in the Debt Service Fund 

an amount sufficient to pay the principal of and the interest (and premium, if any) to become due 

on all Refunding Bonds outstanding on such payment date. When and as paid in full, and 

following surrender thereof to the Paying Agent, all Refunding Bonds shall be cancelled by the 

Paying Agent, and thereafter they shall be destroyed. The Paying Agent hereby acknowledges 

that pursuant to the general laws of the State of California, the obligation to levy and collect 

taxes for the payment of the Refunding Bonds, and to pay principal of and interest on the 

Refunding Bonds when due, are legal obligations of the County and the Treasurer and shall be 

performed by the Treasurer. 

Section 5.2 Obligation to Levy Taxes for Payment of Refunding Bonds. The 

County Board of Supervisors and officers of the County are obligated by statute to provide for 

the levy and collection of property taxes in each year sufficient to pay all principal and interest 

coming due on the Refunding Bonds in such year, and to pay from such taxes all amounts due on 

the Refunding Bonds. The District shall take all steps required by law and by the County to 

ensure that the County Board of Supervisors shall annually levy a tax upon all taxable property 

in the District sufficient to redeem the Refunding Bonds, and to pay the principal and interest 

thereon as and when the same become due. 

Section 5.3 Further Assurances. The District will promptly execute and deliver or 

cause to be executed and delivered all such other and further instruments, documents or 

assurances, and promptly do or cause to be done all such other and further things, as may be 

necessary or reasonably required in order to further and more fully vest in the Bondowners all 

rights, interest, powers, benefits, privileges and advantages conferred or intended to be conferred 

upon them by this Paying Agent Agreement. 

Section 5.4 Tax Covenant. The District shall at all times do and perform all acts and 

things permitted by law and this Paying Agent Agreement that are necessary and desirable in 

order to assure that interest paid on the Refunding Bonds will be excludable from gross income 

for federal income tax purposes and shall take no action that would result in such interest not 

being so excludable. Without limiting the generality of the foregoing, the District agrees to 

comply with the provisions of the Tax Certificate. This covenant shall survive the defeasance or 

payment in full of the Refunding Bonds. 

Section 5.5 Continuing Disclosure. The District hereby covenants and agrees that it 

shall comply with and carry out all of the provisions of the Continuing Disclosure Certificate. 

Notwithstanding any other provision of this Paying Agent Agreement, failure of the District to 

comply with the Continuing Disclosure Certificate shall not be considered an event of default 

hereunder; provided that any Owner or Beneficial Owner (as defined below) may take such 

actions as may be necessary and appropriate, including seeking mandate or specific performance 

by court order, to cause the District to comply with its obligations under this section. For 

purposes of this section, “Beneficial Owner” means any person which has or shares the power, 

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directly or indirectly, to make investment decisions concerning ownership of any Refunding 

Bonds (including persons holding Refunding Bonds through nominees, depositories or other 

intermediaries). 

ARTICLE VI 

THE PAYING AGENT 

Section 6.1 Appointment; Acceptance. U.S. Bank National Association, is hereby 

appointed Paying Agent, and hereby accepts and agrees to perform the duties and obligations of 

the Paying Agent, registrar and transfer agent specifically imposed upon it by this Paying Agent 

Agreement, and no implied duties shall be read into this Paying Agent Agreement against the 

Paying Agent. 

Section 6.2 Resignation, Removal, Replacement of Paying Agent. The Paying 

Agent may at any time resign by giving written notice to the District of such resignation, 

whereupon the District shall promptly appoint a successor Paying Agent by the resignation date. 

Resignation of the Paying Agent will be effective forty-five (45) days after notice of the 

resignation is given as stated above or upon appointment of a successor Paying Agent, whichever 

first occurs. The District may at any time remove the Paying Agent and any successor Paying 

Agent by an instrument given in writing. After removal or receiving a notice of resignation of 

the Paying Agent, the District may appoint a temporary Paying Agent to replace the former 

Paying Agent until the District appoints a successor Paying Agent. Any such temporary Paying 

Agent so appointed by the District shall immediately and without further act be superseded by 

the successor Paying Agent upon the appointment of and acceptance thereof by such successor. 

The Paying Agent is hereby authorized to pay or redeem the Refunding Bonds when duly 

presented for payment at maturity and to cancel all Refunding Bonds upon payment thereof. The 

Paying Agent shall keep accurate records of all funds administered by it and of all Refunding 

Bonds paid and discharged. 

Section 6.3 Protection of Paying Agent. The Paying Agent hereby agrees, provided 

sufficient immediately available funds have been provided to it for such purpose by or on behalf 

of the District, to use the funds deposited with it solely for payment of the principal of and 

interest on the Refunding Bonds as the same shall become due. 

Section 6.4 Reliance on Documents, Etc. 

(A) The Paying Agent may conclusively rely, as to the truth of the statements and 

correctness of the opinions expressed therein, on certificates or opinions furnished to the Paying 

Agent by the District. 

(B) The Paying Agent shall not be liable for any error of judgment made in good 

faith. The Paying Agent shall not be liable for other than its negligence or willful misconduct in 

connection with any act or omission hereunder. 

(C) No provision of this Paying Agent Agreement shall require the Paying Agent to 

expend or risk its own funds or otherwise incur any financial liability for performance of any of 

its duties hereunder, or in the exercise of any of its rights or powers. 

981251.14982.1 21 

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(D) The Paying Agent may rely, or be protected in acting or refraining from acting, 

upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, 

consent, order, bond, note, security or other paper or document believed by it to be genuine and 

to have been signed or presented by the proper party or parties. The Paying Agent need not 

examine the ownership of any Refunding Bond, but is protected in acting upon receipt of 

Refunding Bonds containing an endorsement or instruction of transfer or power of transfer which 

appears on its face to be signed by the Bondowner or agent of the Bondowner. 

(E) The Paying Agent may consult with counsel, and the written advice of such 

counsel or any Opinion of Counsel shall be full authorization and protection with respect to any 

action taken, suffered or omitted by it hereunder in good faith and reliance thereon. 

(F) The Paying Agent may exercise any of the powers hereunder and perform any 

duties hereunder either directly or by or through agents or attorneys. 

(G) The Paying Agent agrees to accept and act upon instructions or directions 

pursuant to this Paying Agent Agreement sent by unsecured e-mail, facsimile transmission or 

other similar unsecured electronic methods, provided, however, that, the Paying Agent shall have 

received an incumbency certificate listing persons designated to give such instructions or 

directions and containing specimen signatures of such designated persons, which such 

incumbency certificate shall be amended and replaced whenever a person is to be added or 

deleted from the listing. If the District elects to give the Paying Agent e-mail or facsimile 

instructions (or instructions by a similar electronic method) and the Paying Agent in its 

discretion elects to act upon such instructions, the Paying Agent’s understanding of such 

instructions shall be deemed controlling. The Paying Agent shall not be liable for any losses, 

costs or expenses arising directly or indirectly from the Paying Agent’s reliance upon and 

compliance with such instructions notwithstanding such instructions conflict or are inconsistent 

with a subsequent written instruction. The District agrees to assume all risks arising out of the 

use of such electronic methods to submit instructions and directions to the Paying Agent, 

including without limitation the risk of the Paying Agent acting on unauthorized instructions, and 

the risk of interception and misuse by third parties. 

(H) Any bank, corporation or association into which the Paying Agent may be merged 

or converted or with which it may be consolidated, or any bank, corporation or association 

resulting from any merger, conversion or consolidation to which the Paying Agent shall be a 

party, or any bank, corporation or association succeeding to all or substantially all of the 

corporate trust business of the Paying Agent shall be the successor of the Paying Agent 

hereunder without the execution or filing of any paper with any party hereto or any further act on 

the part of any of the parties hereto except on the part of any of the parties hereto where an 

instrument of transfer or assignment is required by law to effect such succession, anything herein 

to the contrary notwithstanding. 

Section 6.5 Recitals of District. The recitals contained herein and in the Refunding 

Bonds shall be taken as the statements of the District, and the Paying Agent assumes no 

responsibility for their correctness. 

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Section 6.6 Paying Agent May Own Refunding Bonds. The Paying Agent, in its 

individual or any other capacity, may become the owner or pledgee of Refunding Bonds with the 

same rights it would have if it were not the Paying Agent for the Refunding Bonds. 

Section 6.7 Money Held by Paying Agent; Unclaimed Monies. Money held by the 

Paying Agent hereunder may be commingled with other funds held by the Paying Agent, but 

shall be separately accounted for. Except as otherwise provided herein, the Paying Agent shall 

have no duties with respect to investment of funds deposited with it and shall be under no 

obligation to pay interest on any money received by it hereunder. 

Any money held in any fund created pursuant to this Paying Agent Agreement, or held by 

the Paying Agent in trust, for the payment of the principal of or interest on the Refunding Bonds 

and remaining unclaimed for two years after the principal of all of the Refunding Bonds has 

become due and payable upon maturity shall be transferred to the Debt Service Fund of the 

District for payment of any outstanding bonds of the District payable from said fund, without 

liability for interest; or, if no such bonds of the District are at such time outstanding, said monies 

shall be transferred to the general fund of the District as provided and permitted by law. 

Section 6.8 Other Transactions. The Paying Agent may engage in or be interested in 

any financial or other transaction with the District. 

Section 6.9 Interpleader. The Paying Agent may seek adjudication of any adverse 

claim, demand, or controversy over its person as well as funds on deposit, in a court of 

competent jurisdiction. The Paying Agent has the right to file an action in interpleader in any 

court of competent jurisdiction to determine the rights of any person claiming any interest herein. 

Section 6.10 Indemnification. The District shall indenmify the Paying Agent, its 

officers, directors, employees, and agents (“Indemnified Parties”) for, and hold them harmless 

against any loss, cost, claim, liability or expense arising out of or in connection with the Paying 

Agent’s acceptance or administration of the Paying Agent’s duties hereunder or under the 

Refunding Bonds (except any loss, liability or expense as may be adjusted by a court of 

competent jurisdiction to be attributable to the Paying Agent’s negligence or willful misconduct), 

including without limitation the cost and expense (including its counsel fees and disbursements, 

including the allocated costs and disbursements of internal counsel) of defending itself against 

any claim or liability (except such action as may be brought against the Paying Agent by the 

District in which the Paying Agent was held to have committed negligence or willful mis 

conduct in a final order of a court of competent jurisdiction, not subject to appeal) in connection 

with the exercise or performance of any of its powers or duties under this Paying Agent 

Agreement. The provisions of this Section 6.10 shall survive termination of this Paying Agent 

Agreement and shall continue for the benefit of any Paying Agent after its resignation or removal 

as Paying Agent hereunder. 

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ARTICLE VII 

EVENTS OF DEFAULT AND REMEDIES OF BONDHOLDERS 

Section 7.1 Events of Default. The following events shall be Events of Default: 

(A) default in the due and punctual payment of the principal of any Refunding Bond 

when and as the same shall become due and payable, whether at maturity as therein expressed, 

by mandatory redemption or otherwise; 

(B) default in the due and punctual payment of any installment of interest on any 

Refunding Bond when and as such interest installment shall become due and payable; and 

(C) failure by the District to observe or perform any covenant, condition, agreement 

or provision in this Paying Agent Agreement on its part to be observed or performed, other than 

as referred to in subsection (a) or (b) of this Section, for a period of sixty (60) days after written 

notice, specifying such failure and requesting that it be remedied, has been given to the District; 

except that, if such failure can be remedied but not within such sixty (60) day period and if the 

District has taken all action reasonably possible to remedy such failure within such sixty (60) day 

period, such failure shall not become an Event of Default for so long as the District shall 

diligently proceed to remedy same. 

Section 7.2 Remedies of Bondholders. Upon the occurrence and continuance of an 

Event of Default, any Owner shall have the right for the equal benefit and protection of all 

Owners similarly situated 

(A) by mandamus or other action, suit, or proceeding at law or in equity to enforce the 

Owners’ rights against the Board or the District or any of the officers or employees of the 

District, and to compel the Board or the District or any such officers or employees to perform 

and carry out their duties under the Law and the agreements and covenants with the Owners 

contained herein; 

(B) by suit in equity to enjoin any acts or things that are unlawful or violate the rights 

of the Owners; or 

(C) by suit in equity upon the nonpayment of the Refunding Bonds to require the 

Board or the District or its officers and employees to account as the trustee of an express trust. 

Section 7.3 Restoration of Positions. In case any proceedings taken by any one or 

more Bondholders on account of any Event of Default shall have been discontinued or 

abandoned for any reason or shall have been determined adversely to the Bondholders, then in 

every such case the District and the Bondholders, subject to any determination in such 

proceedings, shall be restored to their former positions and rights hereunder, severally and 

respectively, and all rights, remedies, powers, and duties of the District and the Bondholders 

shall continue as though no such proceedings had been taken. 

Section 7.4 Rights and Remedies Cumulative. No right or remedy herein conferred 

upon or reserved to the Owners of the Refunding Bonds is intended to be exclusive of any other 

right or remedy, and every right and remedy shall, to the extent permitted by law, be áumulative 

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- acquiescence 

and in addition to every other right or remedy given hereunder or now or hereafter existing at 

law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or 

otherwise, shall not prevent the concurrent assertion or employment of any other appropriate 

right or remedy. 

Section 7.5 Delay or Omission Not Waiver; No delay or omission of any Owner of 

the Refunding Bonds to exercise any right or remedy accruing upon an Event of Default shall 

impair any such right or remedy or constitute a waiver of any such Event of Default or an 

therein. Every right and remedy given by this Paying Agent Agreement or by law 

to the Owners of the Refunding Bonds may be exercised from time to time, and as often as may 

be deemed expedient, by the Owners. 

Section 7.6 No Acceleration. The Owners of the Refunding Bonds have no right to 

declare the principal of the Refunding Bonds immediately due and payable. 

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IN WITNESS WHEREOF, the parties hereto have caused this Paying Agent Agreement 

to be duly executed by their officers duly authorized as of the date first written above. 

ATTEST: 

By: 


By: 

Secretary of the Governing Board 

President of the Governing Board 

U.S. BANK NATIONAL ASSOCIATION, as Paying Agent 

By: 

Authorized Officer 

981251.1 4982.1 26 

86

EXHIBIT A 

FORM OF REFUNDING BOND 

REGISTERED REGISTERED 

NO.R- $______ 




Interest Rate Maturity Date Dated CUS1P NO. 

% August 1,. 20_ [Closing Date] 

REGISTERED OWNER: CEDE & CO. 

PRINCIPAL SUM: DOLLARS 

Fairfield-Suisun Unified School District, a school district duly organized and existing under and 

pursuant to the Constitution and laws of the State of California (the “District”), for value received, hereby 

acknowledges itself indebted to and promises to pay to the registered owner named above or registered 

assigns, on the maturity date specified above, the principal sum specified above together with interest 

thereon from the date hereof until the principal hereof shall have been paid, at the interest rate per annum 

specified above, payable on February 1, 2012, and semiannually thereafter on February 1 and August 1 in 

each year. Interest hereon is payable in lawful money of the United States of America by check mailed 

or, upon the written request of any Owner of $1,000,000 or more in aggregate principal amount of Bonds 

who has provided the Paying Agent (identified below) with wire transfer instructions, by wire transfer on 

each interest payment date to the registered owner as of the close of business on the 15th day of the 

calendar month immediately preceding such interest payment date. The principal hereof and premium, if 

any, hereon are payable at the designated office of U.S. Bank National Association, as paying agent 

(together with any successor as paying agent under the hereinafter mentioned Paying Agent Agreement, 

the “Paying Agent”), (or such other office as designated) in lawful money of the United States of 

America. 

This bond is one of a duly authorized issue of bonds of the District designated the “Fairfield 

Suisun Unified School District (Solano and Napa Counties, California) 2011 General Obligation 

Refunding Bonds” (the “Bonds”) aggregating $[PAR AMOUNT] in principal amount, all of like tenor 

(except for such variations, if any, as may be required to designate denominations, numbers, maturities, 

interest rates, redemption provisions, and forms). The Bonds are issued and sold pursuant to a Paying 

Agent Agreement dated November 1, 2011, by and between the District and the Paying Agent (the 

“Paying Agent Agreement”), and in conformity with the Constitution and laws of California, including 

the statutory authority of Articles 9 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the 

Government Code of the State of California (the “Law”). 

Reference is hereby made to the Paying Agent Agreement and to the Law for a description of the 

terms on which the Bonds are issued and to be issued and the rights of the registered owners of the Bonds. 

All the terms of the Paying Agent Agreement and the Law are hereby incorporated herein and constitute a 

contract between the District and the registered owner from time to time of this Bond. The registered 

981251.1 4982.1 A—i 

87

owner of this Bond, by its acceptance hereof, consents and agrees to all the provisions of the Paying 

Agent Agreement. 

The Bonds maturing on or after August 1, 2021 are subject to redemption prior to their respective 

stated maturity dates, at the option of the District, from any source of available funds, in whole or in part, 

in such maturities as specified by the District and by lot within a maturity, on any date on or after August 

1, 2020 at the principal amount of Refunding Bonds called for redemption, plus accrued interest thereon 

to the date of redemption, without premium. 

The Bonds maturing on August 1, 20, (the “Term Bonds”), are subject to redemption prior to 

maturity from mandatory sinking fund payments on August 1 of each year, in accordance with the 

schedules set forth below. The Term Bonds so called for mandatory sinking fund redemption shall be 

redeemed at the principal amount thereof, together with interest thereon accrued to the redemption date, 

without premium. 

$ Term Bonds Maturing on August 1, 20 

Redemption Date (August 1) Principal Amount 

This Bond is transferable or exchangeable for other authorized denominations by the registered 

owner hereof, in person or by its attorney duly authorized in writing, at the designated corporate trust 

office of the Paying Agent (or such other office as designated), but only in the manner, subject to the 

limitations and upon payment of the charges provided in the Paying Agent Agreement, and upon 

surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds 

without coupons, of authorized denomination or denominations, of the same series, tenor, and maturity 

for the same aggregate principal amount will be issued to the transferee in exchange herefor. 

Unless this Bond is presented by an authorized representative of The Depository Trust Company, 

a New York corporation (“DTC”), to the Paying Agent or its agent for registration of transfer, exchange, 

or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is 

requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such 

other entity as is requested by an authorized representative of DTC) ANY TRANSFER, PLEDGE, OR 

OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL 

inasmuch as the registered owner hereof Cede & Co., has an interest herein. 

The District and the Paying Agent may deem and treat the registered owner hereof as the absolute 

owner hereof for all purposes, and the District and the Paying Agent shall not be affected by any notice to 

the contrary. 

The rights and obligations of the District and of the registered owners of the Bonds may be 

modified or amended at any time in the manner, to the extent, and upon terms provided in the Paying 

Agent Agreement, which provide, in certain circumstances, for modifications and amendments without 

the consent of or notice to the registered owners of Bonds. 

It is hereby certified and recited that any and all acts, conditions, and things required to exist, to 

happen, and to be performed, precedent to and in the incurring of the indebtedness evidenced by this 

Bond, and in the issuing of this Bond, do exist, have happened, and have been performed in due time, 

form and manner, as required by the Constitution and statutes of the State of California; that the total 

amount of indebtedness of the District, including the amount of this Bond, does not exceed any limit 

981251.1 4982.1 A-2 

88

prescribed by the Constitution and the statutes of the State of California; and that this bond is not in 

excess of the amount of Bonds permitted to be issued under the Paying Agent Agreement. 

IN WITNESS WHEREOF, the Governing Board of the Fairfield-Suisun Unified School 

District, has caused this Bond to be signed by its President, to be countersigned by the Secretary of the 

Board, all as of the date stated above. 

Countersigned: 

By: 

Secretary of the Governing Board of the District 

President of the Governing Board of the District 

CERTIFICATE OF AUTHENTICATION 

This is one of the Bonds described in the within-mentioned Paying Agent Agreement, which has been 

authenticated on the date set forth below. 

Dated: [Closing Date] U.S. BANK NATIONAL ASSOCIATION, as Paying Agent 

and Authenticating Agent 

By: 


ASSIGNMENT 

For value received hereby sell, assign and transfer unto 

the within Bond and hereby irrevocably constitute and appoint 

attorney, to transfer the same on the bond register of the Paying Agent, with full 

power of substitution in the premises. 

Dated: 

Signature Guaranteed by: 

Social Security Number, Tax Identification Number, 

or other identifying number of Assignee: 

981251.1 4982.1 A-3 

89 

NOTE: The signature to this Assignment must correspond 

with the name on the face of the within Bond in every 

particular, without alteration or enlargement or any change 

whatsoever. 

NOTE: Signature must be guaranteed by an eligible guarantor 

institution (being banks, stock brokers, savings and loan 

associations, and credit unions with membership in and 

approved signature guarantee medallion programs) pursuant to 

Securities and Exchange Commission Rule 17A(d)15.

LEGAL OPINION 

The following is a true copy of the opinion rendered byKronick, Moskovitz, Tiedemann & 

Girard, a Professional Corporation, in connection with the issuance of, and dated as of the date of the 

original delivery of, the Fairfield-Suisun Unified School District (Solano and Napa Counties, California) 

2011 General Obligation Refunding Bonds. A signed copy is on file in my office. 

Governing Board 


Secretary of the Governing Board 

KRONICK, MOSKOVITZ, TIEDEMANN & GTRARD 

A Professional Corporation 

400 Capitol Mall, 27th floor 

Sacramento, CA 95814-4417 

Re: Fairfield-Suisun Unified School District 



Ladies and Gentlemen: 

We have acted as bond counsel in connection with the issuance by the Fairfield-Suisun Unified 

School District (the “District”) of $[PAR AMOUNT] principal amount of the Fairfield-Suisun Unified 

School District (Solano and Napa Counties, California) 2011 General Obligation Refunding Bonds (the 

“Bonds”). In such capacity, we have examined such law and such certified proceedings, certifications, 

and other documents as we have deemed necessary to render this opinion. 

Regarding questions of fact material to our opinion, we have relied upon the certified proceedings 

and other certifications of public officials and others furnished to us without undertaking to verify the 

same by independent investigation. 

Based upon the foregoing, we are of the opinion that, under existing law: 

1. The Bonds have been duly authorized and executed by the District and are valid and 

binding general obligations of the District. 

2. All taxable property in the territory of the District is subject to ad valorern taxation 

without limitation regarding rate or amount (except certain personal property that is taxable at limited 

rates) to pay the Bonds. The Counties of Solano and Napa are required by law to include in their annual 

tax levy the principal and interest coming due on the Bonds to the extent that necessary funds are not 

provided from other sources. 

3. Interest on the Bonds is excludable from gross income for federal income tax purposes 

and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on 

individuals and corporations; however, such interest is taken into account in determining adjusted current 

earnings for the purpose of computing the alternative minimum tax imposed on certain corporations. The 

981251.1 4982.1 A-4 

90

opinion set forth in the preceding sentence is subject to the condition that the District comply with all 

requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the 

issuance of the Bonds in order that the interest thereon be, and continue to be, excludable from gross 

income for federal income tax purposes. The District has covenanted to comply with all such 

requirements. Failure to comply with certain of such requirements may cause interest on the Bonds to be 

included in gross income for federal income tax purposes retroactively to the date of issuance of the 

Bonds. 

4. Interest on the Bonds is exempt from State of California personal income taxation. 

The rights of the owners of the Bonds and the enforceability thereof are limited by bankruptcy, 

insolvency, reorganization, moratorium, and other similar laws affecting creditors’ rights generally, and 

by equitable principles, whether considered at law or in equity. 

We express no opinion regarding the accuracy, adequacy, or completeness of the Official 

Statement or other offering material relating to the Bonds. Further, we express no opinion regarding tax 

consequences arising with respect to the Bonds other than as expressly set forth herein. 

This opinion is given as of the date hereof, and we assume no obligation to revise or supplement 

this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes 

in law that may hereafter occur. 

Very truly yours, 

KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD, 

A Professional Corporation 

STATEMENT OF INSURANCE 

[To Come] 

981251.14982.1 A-5 

91

981285.24982.1 

ESCROW AGREEMENT 

by and between the 


and 

U.S. BANK NATIONAL ASSOCIATION, 

as Escrow Agent 

Dated November 1, 2011 

relating to the 

$[PAR AMOUNT] 




92

ESCROW AGREEMENT 

This ESCROW AGREEMENT (the “Escrow Agreement”), dated November 1, 2011, by and 

between the FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT, a school district duly 

organized and existing under and pursuant to the Constitution and laws of the State of California 

(the “District”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association 

duly organized and existing under and by virtue of the laws of the United States (the “Bank”), as 

successor to State Street Bank and Trust Company of California, N.A., and being qualified to 

accept and administer the trust hereby created as escrow agent (the “Escrow Agent”); 

WITNESSETH: 

WUEREAS, the District previously issued $45,000,000 principal amount of its Fairfield 

Suisun Unified School District (Solano and Napa Counties, California) General Obligation 

Bonds, Election of 2002, Series 2002 pursuant to the Board’s Resolution No. 60-0 102 adopted 

April 25, 2002 (the “Prior Bonds”); 

WHEREAS, prudent management of the fiscal affairs of the District requires that the 

District issue refunding bonds under the provisions of Article 9 (Sections 53550 and following) 

and Article 11 (Sections 53580 and following) of Chapter 3 of Part 1 of Division 2 of Title 5 of 

the California Government Code (the “Refunding Bonds”) to advance refund the outstanding 

Prior Bonds that mature on and after August 1, 2013, (the “Refunded Prior Bonds”) as provided 

herein; 

WHEREAS, in order to implement the foregoing, the District duly issued $[PAR 

AMOUNT] principal amount of its Fairfield-Suisun Unified School District (Solano and Napa 

Counties, California) 2011 General Obligation Refunding Bonds (the “Refunding Bonds”) 

pursuant to that certain paying agent agreement dated November 1, 2011 (the “Paying Agent 

Agreement”), by and between the District and the Bank, as paying agent (the “Paying Agent”); 

WHEREAS, the District has taken action to cause to be made available for purchase by 

the Escrow Agent, from amounts on deposit in the Escrow Fund (as defined herein), certain 

direct noncallable United States Treasury obligations (the “Escrow Securities”), listed on 

Schedule I attached hereto and made a part hereof, in an aggregate principal amount that, 

together with the money deposited in the Escrow Fund at the same time as such deposit and the 

income to accrue on such securities, will be sufficient to provide for the payment of the 

redemption price of the Refunded Prior Bonds on August 1, 2012 together with interest accrued 

on the Refunded Prior Bonds to each date respectively. 

WHEREAS, the provisions of the Board’s Resolution No. 60-0102 adopted April 25, 

2002 (the “2002 Resolution”) and the Paying Agent Agreement, dated August 1, 2002 between 

the District, and State Street Bank and Trust Company of California, N.A., (the “2002 Paying 

Agent Agreement”) are incorporated herein by reference as if set forth herein in full; 

NOW, THEREFORE, the District and the Escrow Agent hereby agree as follows: 

Section 1. Establishment and Maintenance of Escrow Fund. The Escrow Agent is 

hereby directed to establish and maintain the escrow fund (the “Escrow Fund”) until all the 

981285.24982.1

-- herein. 

Refunded Prior Bonds have been redeemed and interest thereon paid as provided herein. The 

Escrow Agent shall, except as provided in Section 2 hereof, hold the Escrow Securities and the 

money (whether constituting the initial deposit in the Escrow Fund or constituting receipts on the 

Escrow Securities) in the Escrow Fund at all times as a separate trust account wholly segregated 

from all other securities, investments or money held by it. All securities and money in the 

Escrow Fund are hereby irrevocably pledged, subject to the provisions of Section 3 hereof, to 

secure the redemption of the Refunded Prior Bonds and payment of interest thereon as provided 

The Escrow Agent shall, on the date of execution and delivery of this Escrow 

Agreement, accept from the Paying Agent and shall deposit such amount in 

$_________________ 

the Escrow Fund. 

Section 2. Investment of Money in the Escrow Fund. The District hereby directs 

the Escrow Agent to purchase the Escrow Securities at a price of with amounts 

$______________ 

in the Escrow Fund and retain the balance of such amounts in cash in the Escrow Fund. The 

Escrow Agent shall not be liable or responsible for any loss resulting from any investment made 

pursuant to this section and in full compliance with the provisions hereof. 

Section 3. Payment from the Escrow Fund. The District hereby irrevocably 

instructs the Escrow Agent, and the Escrow Agent hereby agrees, to use the interest on and 

principal of all Escrow Securities held in the Escrow Fund, together with any other money, on 

August 1, 2012, to pay the interest accrued on the Refunded Prior Bonds to August 1, 2012 as set 

forth in Schedule II attached hereto. 

Section 4. Deficiencies in the Escrow Fund. 

If at any time the Escrow Agent receives actual knowledge that the cash and 

securities in the Escrow Fund will not be sufficient to make any payment required by Section 3 

(Payment from the Escrow Fund) with respect to the Refunded Prior Bonds, the Escrow Agent 

shall notif’ the District of such fact and the District shall immediately use its best efforts to 

obtain and submit to the Escrow Agent, for deposit in the Escrow Fund, such additional money 

as may be required to cure such deficiency. The Escrow Agent has no liability for any such 

insufficiency. 

Section 5. Notices of Defeasance and Redemption. The District hereby irrevocably 

instructs the Escrow Agent, in accordance with the terms and conditions of the 2002 Paying 

Agent Agreement, to provide notices of defeasance and redemption for the Refunded Prior 

Bonds, and such notices to be provided in the time and manner specified in the 2002 Paying 

Agent Agreement and substantially in the form of Exhibit A. 

Section 6. Compensation to Escrow Agent. The District shall pay the Escrow Agent 

full compensation for its services under this Escrow Agreement, including out-of-pocket costs 

such as publication costs, redemption expenses, legal fees and other costs and expenses relating 

hereto and, in addition, all fees, costs and expenses relating to the purchase, substitution or 

withdrawal of any securities after the date hereof. Under no circumstances shall amounts 

deposited in or credited to the Escrow Fund be deemed to be available for said purposes. The 

Escrow Agent has no lien upon or right of set off against the cash and securities at any time on 

deposit in the Escrow Fund. 

981285.2 4982.1

District shall indemnify, defend and hold harmless the Escrow Agent and its officers, 

- The 

directors, employees, representatives and agents, from and against and reimburse the Escrow 

Agent for any and all claims, obligations, liabilities, losses, damages, actions, suits, judgments, 

reasonable costs and expenses (including reasonable attorneys’ and agents’ fees and expenses) of 

whatever kind or nature regardless of their merit, demanded, asserted or claimed against the 

Escrow Agent directly or indirectly relating to, or arising from, claims against the Escrow Agent 

by reason of its participation in the transactions contemplated hereby, except to the extent caused 

by the Escrow Agent’s negligence or willful misconduct. The provisions of this Section 6 shall 

survive the termination of this Escrow Agreement or the earlier resignation or removal of the 

Escrow Agent. 

Section 7. Functions, Immunities and Liabilities of Escrow Agent. Moneys held by 

the Escrow Agent hereunder are to be held and applied for the payment of the Refunded Prior 

Bonds in accordance with the 2002 Paying Agent Agreement, the Paying Agent Agreement, and 

this Escrow Agreement. The Escrow Agent undertakes to perform only such duties as are 

expressly set forth in this Escrow Agreement and no implied duties, covenants, or obligations 

shall be read into this Escrow Agreement against the Escrow Agent. The Escrow Agent shall not 

have any liability hereunder except to the extent of its negligence or willful misconduct. In no 

event shall the Escrow Agent be liable for any special, indirect or consequential damages. The 

Escrow Agent shall not be liable for any loss from any investment made by it in accordance with 

the terms of this Escrow Agreement. The Escrow Agent shall not be liable for the recitals or 

representations contained in this Escrow Agreement, and shall not be responsible for the validity 

of this Escrow Agreement, the sufficiency of the Escrow Fund or the moneys and securities to 

pay the principal, interest and redemption premium with respect to the Refunded Prior Bonds. 

Whenever in the administration of this Escrow Agreement the Escrow Agent deems it 

necessary or desirable that a matter be proved or established prior to taking or not taking any 

action, such matter (unless other evidence in respect thereof be herein specifically prescribed) 

may, in the absence of negligence or willful misconduct on the part of the Escrow Agent, be 

deemed to be conclusively proved and established by a certificate of an authorized representative 

of the District and shall, in the absence of negligence or willful misconduct on the part of the 

Escrow Agent, be full protection for any action taken or not taken by the Escrow Agent in good 

faith reliance thereon. 

The Escrow Agent may conclusively rely as to the truth and accuracy of the statements 

and correctness of any opinions or calculations provided to it in connection with this Escrow 

Agreement and shall be protected in acting, or refraining from acting, upon• any notice, 

instruction, request, certificate, document, opinion or other writing furnished to the Escrow 

Agent in connection with this Escrow Agreement and reasonably believed by the Escrow Agent 

to be signed by the proper party, and it need not investigate any fact or matter stated therein. 

None of the provisions of this Escrow Agreement shall require the Escrow Agent to 

expend or risk its own funds or otherwise to incur any liability, financial or otherwise, in the 

performance of any of its duties hereunder. The Escrow Agent may execute any of the trusts or 

powers hereunder or perform any duties hereunder either directly or by or through agents, 

981285.2 4982.1

attorneys, custodians or nominees appointed with due care, and shall not be responsible for any 

willful misconduct or negligence on the part of any agent, attorney, custodian or nominee so 

appointed. The Escrow Agent shall not be liable to the parties hereto or deemed in breach or 

default hereunder if and to the extent its performance hereunder is prevented by reason of force 

majeure. The term “force majeure” means an occurrence that is beyond the control of the 

Escrow Agent and could not have been avoided by exercising due care. Force majeure shall - 

include acts of God, terrorism, war, riots, strikes, fire, floods, earthquakes, epidemics or other 

similar occurrences. 

The Escrow Agent may at any time resign by giving 60 days written notice of resignation 

to the District. Upon receiving such notice of resignation, the District shall promptly appoint a 

successor and, upon the acceptance by the successor of such appointment, release the resigning 

Escrow Agent from its obligations hereunder by written instrument, a copy of which instrument 

shall be delivered to each of the District, the resigning Escrow Agent and the successor. If no 

successor shall have been so appointed and have accepted appointment within 60 days after the 

giving of such notice of resignation, the resigning Escrow Agent may petition any court of 

competent jurisdiction for the appointment of a successor. 

The Escrow Agent will provide the District with monthly statements of the 

account maintained hereunder. 

The Escrow Agent agrees to accept and act upon instructions or directions pursuant to 

this Escrow Agreement sent by unsecured e-mail, facsimile transmission or other similar 

unsecured electronic methods, provided, however, that the Escrow Agent shall have received an 

incumbency certificate listing persons designated to give such instructions or directions and 

containing specimen signatures of such designated persons, which such incumbency certificate 

shall be amended and replaced whenever a person is to be added or deleted from the listing. If 

the District elects to give the Escrow Agent e-mail or facsimile instructions (or instructions by a 

similar electronic method) and the Escrow Agent in its discretion elects to act upon such 

instructions, the Escrow Agent’s understanding of such instructions shall be deemed controlling. 

The Escrow Agent shall not be liable for any losses, costs or expenses arising directly or 

indirectly from the Escrow Agent’s reliance upon and compliance with such instructions 

notwithstanding such instructions conflict or are inconsistent with a subsequent written 

instruction. The District agrees to assume all risks arising out of the use of such electronic 

methods to submit instructions and directions to the Escrow Agent, including without limitation 

the risk of the Escrow Agent acting on unauthorized instructions, and the risk of interception and 

misuse by third parties. 

Section 8. Merger or Consolidation of the Escrow Agent. Any company into 

which the Escrow Agent may be merged or converted or with which it may be consolidated or 

any company resulting from any merger, conversion or consolidation to which it shall be a party 

or any company to which the Escrow Agent may sell or transfer all or substantially all of its 

corporate trust business shall be the successor to the Escrow Agent and vested with all of the title 

to the Escrow Fund and all of the trusts, powers, discretions, immunities, privileges and all other 

matters as was its predecessor, without the execution or filing of any paper or any further act, 

anything herein to the contrary notwithstanding. 

981285.2 4982.1 

-

Section 9. Amendment of the Escrow Agreement. The Escrow Agreement may 

not be revoked or amended by the parties hereto unless there shall first have been filed with the 

District and the Escrow Agent (i) an unqualified opinion of bond counsel that such amendment 

will not adversely affect the excludability from gross income for federal income tax purposes of 

interest evidenced by the Refunding Bonds or the Refunded Prior Bonds, and (ii) unless such 

amendment is not materially adverse to the interests of the registered owners of the Refunded 

Prior Bonds, as evidenced by an opinion of counsel, the written consent of the registered owners 

of all Refunded Prior Bonds then outstanding. 

Section 10. Governing Law. The Escrow Agreement shall be construed and 

governed in accordance with the laws of the State of California. 

Section 11. Notices. All notices and communications hereunder shall be in writing 

and shall be deemed to be duly given if received or sent by first class mail, as follows: 

If to the District: 

If to the Escrow Agent: 





U.S. Bank National Association 

Mail Station: SF-CACT 

One California Street 

Suite 1000 

San Francisco, CA, 94111 

Attn: Corporate Trust Services 

Section 12. Severability. If any section, paragraph, sentence, clause or provision of 

the Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity 

or unenforceability of such section, paragraph, sentence, clause or provision shall not affect any 

of the remaining provisions of the Escrow Agreement. 

Section 13. Execution. The Escrow Agreement may be executed in any number of 

counterparts, each of which shall be deemed to be an original, but all together shall constitute but 

one and the same agreement. 

981285.2 4982.1 

[Remainder ofPage Left Intentionally Blank]

IN WITNESS WHEREOF, the District and the Escrow Agent have caused the Escrow 

Agreement to be executed each on its behalf as of the day and year first above written. 

981285.2 4982.1 

F-AIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT 

By: 

Superintendent 

U.S. BANK NATIONAL ASSOCIATION, as Escrow Agent 

By: 

Authorized Officer

SCHEDULE I 

ESCROW SECURITIES 

United States Treasury Certificates of Indebtedness 

State and Local Government Series 

Prior Refunded Bonds 

Principal Amount Interest Rate Issue Date Maturity Date 

981285.2 4982.1 

$ % Novemberl6,2011 

% November 16,2011

981285.2 4982.1 

SCHEDULE II 

DEBT SERVICE PAYMENT AND REDEMPTION SCHEDULE 

FOR REFUNDED PRIOR BONDS 

Refunded Prior Bonds 

Payment Date Amount 

Total $ 

1 00

981285.24982.1 

SCHEDULE III 

FINAL SLGS SUBSCRIPTION 

101

EXHIBIT A 

NOTICE OF DEFEASANCE 

OF THE 


(SOLANO AND NAPA COUNTIES, CALIFORNIA) 

GENERAL OBLIGATION BONDS 

ELECTION OF 2002, SERIES 2002 

CURRENT INTEREST BONDS MATURING ON AND AFTER AUGUST 1, 2013 

NOTICE IS HEREBY GIVEN pursuant to the Indenture, dated August 1, 2002 

between the District and State Street Bank and Trust Company of California, N.A. (the “2002 

Paying Agent Agreement”) which provided for the issuance of the above-captioned bonds (the 

“Bonds”): 

That the District has deposited in escrow with U.S. Bank National Association, a 

successor in interest to the Corporate Trust Division of State Street Bank and Trust Company of 

California, N.A., as its paying/escrow agent (the “Escrow Agent”), money and United States 

Treasury Certificates of Indebtedness, State and Local Government Series, in the necessary 

amount to pay or redeem all of the Current Interest Bonds maturing on and after August 1, 

2013; and that all such Bonds maturing on and after August 1, 2013, which are currently 

outstanding in an aggregate principal amount of $30,020,000, will be redeemed on August 

1, 2012 (the “Redemption Date”), at a redemption price equal to the principal amount of the 

Bonds, plus a redemption premium of 1% of such principal amount. 

The defeased Bonds are further identified as follows: 

Maturity 

• (August 1) Rate Principal Amount CUSIP* 

2013 4.000 $ 1,410,000 304747CN6 

2014 4.125 1,465,000 304747CP1 

2015 4.250 1,530,000 304747CQ9 

2016 5.250 1,590,000 304747CR7 

2017 5.250 1,675,000 304747C55 

2018 5.250 1,765,000 304747CT3 

2019 5.250 1,855,000 304747CU0 

2020 5.250 1,955,000 304747CV8 

2021 5.250 2,055,000 304747CW6 

2022 5.000 2,165,000 304747CX4 

2027 5.000 12,555,000 304747CY2 

The District and the Paying Agent shall not be responsiblefor the use ofthe CUSIP 

number(s) selected, nor is any representation made as to their correctness indicated in the notice 

or as printed on any Bond. They are included solelyfor the convenience ofthe holders. 

DATED: August , 2011 U.S. BANK NATIONAL ASSOCIATION, as Escrow Agent 

981285.2 4982.1 

d2

EXHIBIT A 

NOTICE OF REDEMPTION 

OF THE 



GENERAL OBLIGATION BONDS 

ELECTION OF 2002, SERIES 2002 

CURRENT INTEREST BONDS MATURING ON AND AFTER AUGUST 1, 2013 

NOTICE IS HEREBY GIVEN pursuant to the Indenture, dated August 1, 2002 

between the District and State Street Bank and Trust Company of California, N.A. (the “2002 

Paying Agent Agreement”) which provided for the issuance of the above-captioned bonds (the 

“Bonds”): 

That the District has deposited in escrow with U.S. Bank National Association, a successor in 

interest to the Corporate Trust Department of State Street Bank and Trust Company of 

California, N.A., as its paying/escrow agent (the “Escrow Agent”), money and United States 

Treasury Certificates of Indebtedness, State and Local Government Series, in the necessary 

amount to pay or redeem all of the Current Interest Bonds maturing on and after August 1, 

2013; 

that all such Bonds maturing on and after August 1, 2013, which are currently outstanding 

in an aggregate principal amount of $30,020,000, will be redeemed on August 1, 2012 (the 

“Redemption Date”), at a redemption price equal to the principal amount of the Bonds, plus a 

redemption premium of 1% of such principal amount. 

The called Bonds are further identified as follows:* 

Maturity Certificate CUSIP Maturity Certificate CUSIP 

(August 1) Number (August 1’) Number 

2013 11 304747CN6 2019 17 304747CU0 

2014 12 304747CP1 2020 18 304747CV8 

2015 13 304747CQ9 2021 19 304747CW6 

2016 14 304747CR7 2022 20 304747CX4 

2017 15 304747C55 2027 21 304747CY2 

2018 16 304747CT3 

*The District and the Paying Agent shall not be responsiblefor the use ofthe CUSIP 

number(s) selected, nor is any representation made as to their correctness indicated in the notice 

or as printed on any Bond. They are included solelyfor the convenience ofthe holders. 

981285.2 4982.1

The redemption price of the Bonds shall become due and interest on the Bonds shall 

cease to accrue from and after the Redemption Date. 

Payment of the called Bonds will be made upon presentation and surrender of the called 

Bonds at the location shown below. Registered or certified insured mail is suggested when 

submitting Bonds for payment. - 

By Mail: By Hand or by Overnight: 

U.S. Bank National Association U.S. Bank National Association 

Corporate Trust Services 60 Livingston Avenue 

PU Box 64111 

1st 

Floor — Bond Drop Window 

St.Paul,MN 55154-0111 St.Paul,MN 55107 

The owners of the called Bonds shall cease to be entitled to the pledge of assets made 

under the 2002 Paying Agent Agreement. All agreements and covenants of the District 

contained in the 2002 Paying Agent Agreement with respect to the called Bonds shall be released 

and shall cease, terminate, become void and shall be discharged and satisfied, except for the 

obligation to pay principal of and interest and redemption premium on the called Bonds, but only 

from moneys on deposit with the Escrow Agent. 

When inquiring about this redemption please have the Certificate number available. 

Please inform the customer service representative of the CUSIP number(s) of the affected Bonds. 

Our customer service number is [telephone number]. 

DATED: (date of notice generation) U.S. BANK NATIONAL ASSOCIATION, as 

paying/escrow agent 

By: 

Its: 

NOTICE 

Under the provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003, 

federal backup withholding tax will be withheld at the applicable backup withholding rate in 

effect at the time the payment is made if the tax identification number is not properly certified. 

The Form W-9 may be obtained from the Internal Revenue Service. 

981285.2 4982.1

$[PAR AMOUNT] 




Governing Board 





Ladies and Gentlemen: 

BOND PURCHASE AGREEMENT 

October 26, 2011 

The undersigned [UNDERWRITER] (the “Underwriter”) offers to enter into this Bond 

Purchase Agreement with the Fairfield-Suisun Unified School District (the “District”) which, 

upon the District’s acceptance hereof, will be binding upon the District and the Underwriter. 

This offer is made subject to the written acceptance of the Bond Purchase Agreement by the 

District and delivery of such acceptance to the Underwriter at or prior to 5:00 p.m., California 

Time, on the date hereof. 

1. Definitions. All capitalized terms not defined herein shall have the meaning 

ascribed to them in the Preliminary Official Statement, dated 2011, of the 

District with respect to the public offering of the Bonds, unless a different meaning clearly 

appears from the context, and the following words and terms shall have the following meanings, 

respectively: 

Bonds means the Fairfield-Suisun Unified School District (Solano and Napa Counties, 

California) 2011 General Obligation Refunding Bonds, issued pursuant to the Paying Agent 

Agreement. 

Bond Purchase Agreement means this Bond Purchase Agreement. 

Business Day means a day on which banks located in California are not required or 

authorized by law to be closed and the New York Stock Exchange is not closed. 

Closing means the finalization and settlement of payment for and delivery of the Bonds, 

as described and defined by Section 7 (Closing) herein. 

981266.1 4982.1 - 

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Closing Date means the date of payment for and delivery of the Bonds as established 

pursuant to Section 7 (Closing) hereof. 

Closing Time means the time at which payment for and delivery of the Bonds shall 

occur, as established pursuant to Section 7 (Closing) hereof. - 

Continuing Disclosure Certificate means that certain Continuing Disclosure Certificate 

dated as of the Closing Date executed by the District. 

County means Solano County, California. 

District Documents means the Paying Agent Agreement, this Bond Purchase 

Agreement, the Escrow Agreement, and the Continuing Disclosure Certificate. 

Escrow Agent means U.S. Bank National Association. 

Escrow Agreement means that certain Escrow Agreement dated November 1, 2011, to 

be entered into by and between the District and U.S. Bank National Association, as escrow 

agent, relating to the redemption of the Refunded Prior Bonds. 

Insurance Policy means the financial guaranty insurance policy issued by the Insurer and 

delivered simultaneously with the issuance and delivery of the Bonds, which will insure payment 

of the principal of and interest on the Bonds. 

Insurer means [INSURER], a domiciled financial guaranty 

insurance company. 

Good Faith Deposit means the amount of $300,000 deposited with the County within 

two Business Days of October 26, 2011. 

Official Statement means the final Official Statement of the District, dated the date 

hereof, relating to the Bonds, together with the cover page thereof and all appendices, exhibits, 

amendments and supplements thereto, provided by the District. 

Paying Agent means U.S. Bank National Association. 

Paying Agent Agreement means that certain Paying Agent Agreement, entered into 

between the District and the Paying Agent, dated November 1, 2011, as amended and 

supplemented from time to time. 

Preliminary Official Statement means the Preliminary Official Statement of the 

District, dated October 2011 relating to the Bonds, together with the cover page thereof 

and all appendices, exhibits, amendments and supplements thereto provided by the District. 

Refunded Prior Bonds means the outstanding bonds of the District designated the 

Fairfield-Suisun Unified School District (Solano and Napa County, California) General 

Obligation Bonds, Election of 2002, Series 2002 Bonds that mature on and after August 1, 2013. 

981266.1 4982.1 - 

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Resolution means the Resolution No. adopted on October 13, 2011 by the 

District’s Governing Board. 


Treasurer means the Treasurer and Tax Collector of the County. 

2. Purchase, Sale, and Delivery of the Bonds. Upon the terms and conditions and 

in reliance upon the representations, warranties and agreements set forth herein, the Underwriter 

hereby agrees to purchase from the District for offering to the public, and the District hereby 

agrees to execute and deliver to or upon the order of the Underwriter all (but not less than all) of 

the Bonds, duly authenticated by the Paying Agent. The aggregate purchase price to be paid by 

the Underwriter for the Bonds shall be (which is equal to the principal amount of 

$____________ 

the Bonds of $ , plus net original issue premium of $ , less underwriter’s 

discount of $ ), and less the Good Faith Deposit of $300,000 already deposited with 

the County Treasurer. Payment for the Bonds shall be made in federal funds or through wire 

transfer of federal funds. The Bonds shall be released for delivery by the District to the 

Underwriter through The Depository Trust Company (“DTC”) no later than the Closing Time. 

The Bonds shall be executed and delivered under and in accordance with the provisions of 

Article 9 (Sections 53550 and following) and Article 11 (Sections 53580 and following) of 

Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the “Code”), the 

Bond Purchase Agreement, the Resolution, and the Paying Agent Agreement. 

3. Bond Insurance. Scheduled payment of the principal of and interest on the 

Bonds shall be insured by the Insurance Policy to be issued concurrently with the delivery of the 

Bonds. 

4. Use of Documents. The District hereby authorizes the Underwriter to use, in 

connection with the offer and sale of the Bonds, the Bond Purchase Agreement, the Official 

Statement, the Resolution, and the Paying Agent Agreement, and all information contained 

herein and therein and all of the documents, certificates or statements furnished by the District to 

the Underwriter in connection with the issuance and offering of the Bonds (except as such 

documents otherwise provide). 

5. Public Offering of the Bonds. The Underwriter agrees to make a bona fide 

public offering of all the Bonds at the initial public offering prices or yields to be set forth on the 

cover page of the Official Statement and Appendix A hereto. Subsequent to such initial public 

offering, the Underwriter reserves the right to change such public offering prices or yields as it 

deems necessary in connection with the marketing of the Bonds. 

The Underwriter hereby certifies to the District (i) that as of the date of this Bond 

Purchase Agreement, all of the Bonds purchased were expected to be reoffered in a bona fide 

public offering; (ii) that as of the date of the certification, all of the Bonds purchased had actually 

been offered to the general public at the offering prices shown in Appendix A; and (iii) that the 

prices given in Appendix A are the maximum initial bona fide offering prices at which a 

981266.1 4982.1 - 

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substantial amount (at least 10%) of each maturity of the Bonds purchased were to be sold to the 

general public. - 

6. Review of Official Statement. The Underwriter hereby represents that it has 

received and reviewed the Preliminary Official Statement with respect to the Bonds, dated 

October 2011. The District represents that it deemed the Preliminary Official Statement to 

be final as of its date, except for either revision or addition of the offering price(s), yield(s) to 

maturity, selling compensation, aggregate denominational amount and maturity value, 

denominational amount and maturity value per maturity, delivery date, rating(s) and other terms 

of the Bonds which depend upon the foregoing as provided in and pursuant to Rule 1 5c2- 12 of 

the Securities and Exchange Commission under the Securities Exchange Act of 1934, as 

amended (the “Rule”). 

The Underwriter agrees that prior to the time the final Official Statement relating to the 

Bonds is available, the Underwriter will send to any potential purchaser of the Bonds, upon the 

request of such potential purchaser, a copy of the most recent Preliminary Official Statement. 

Such Preliminary Official Statement shall be sent by first class mail (or other equally prompt 

means) not later than the first Business Day following the date upon which each such request is 

received. 

The Underwriter hereby represents that it will provide, consistent with the requirements 

of Municipal Securities Rulemaking Board (“MSRB”) Rule G-32, for the delivery of a copy of 

the Official Statement to each customer who purchases any Bonds, and deliver a copy of the 

Official Statement to MSRB on or before the Closing Date, and that it will otherwise comply 

with all applicable statutes and regulations in connection with the offering and sale of the Bonds, 

including, without limitation, MSRB Rule G-32 and 17 CFR Section 240.l5c2-12, promulgated 

by the Securities and Exchange Commission (“Rule 15c2-12”). 

References herein to the Preliminary Official Statement and the final Official Statement 

include the cover page and all appendices, exhibits, maps, reports and statements included 

therein or attached thereto. 

7. Closing. At 8:30 A.M., California Time, on November 16, 2011, or at such other 

time or on such other date as shall have been mutually agreed upon by the District and the 

Underwriter, the District will cause to be delivered to the Underwriter (except as otherwise 

provided in the Resolution), at the offices of the DTC in New York, New York, or at such other 

place as the District and the Underwriter may mutually agree upon, the Bonds in fully registered 

book-entry form, duly executed and registered in the name of Cede & Co., as nominee of DTC. 

The Underwriter will accept such delivery and pay the purchase price thereof in immediately 

available funds by check, draft or wire transfer to or upon the order of the District, and deliver 

the other documents listed in Section 11(e) to be delivered by the Underwriter. The Underwriter 

will deliver to the Paying Agent the amount of $___________ for deposit in the District’s Cost of 

Issuance Fund; will deliver $____________ to the Insurer for Bond Insurance, and will deliver to 

the Escrow Agent for the Bonds, the amount of for $____________ the redemption of the 

Refunded Prior Bonds. 

981266.1 4982.1 4 - 

108

8. Representations, Warranties, and Agreements of the District. The District 

hereby represents, warrants and agrees with the Underwriter that: 

981266.1 4982.1 - 

(a) Due Organization. The District is a school district duly organized and 

validly existing under the laws of the State of California. 

(b) Due Authorization. (i) At or prior to the Closing, the District will have 

taken all action required to be taken by it to authorize the issuance and delivery of the 

Bonds; (ii) the District has full legal right, power and authority to enter into the Bond 

Purchase Agreement, to adopt the Resolution, and to perform its obligations under the 

Resolution and the Paying Agent Agreement; and (iii) the Bond Purchase Agreement 

constitutes a valid and legally binding obligation of the District. 

(c) Consents. Except for the actions of the parties hereto, no consent, 

approval, authorization, order, filing, registration, qualification, election or referendum of 

or by any court or governmental agency or public body whatsoever is required in 

connection with the issuance, delivery or sale of the Bonds, except for such actions as 

may be necessary to qualify the Bonds for offer and sale under the Blue Sky or other 

securities laws and regulations of such states and jurisdictions of the United States as the 

Underwriter may reasonably request. 

(d) Internal Revenue Code. The District has complied with the Internal 

Revenue Code of 1986, as amended, with respect to the Bonds. 

(e) No Conflicts. To the best knowledge of the District, the issuance of the 

Bonds, and the execution, delivery and performance of the Bond Purchase Agreement, 

the Resolution, the Paying Agent Agreement, and the Bonds, and the compliance with the 

provisions thereof, do not conflict with or constitute on the part of the District a violation 

of or default under, the Constitution of the State of California or any existing law, charter, 

ordinance, regulation, decree, order or resolution and do not conflict with or result in a 

violation or breach of, or constitute a default under, any agreement, indenture, mortgage, 

lease or other instrument to which the District is a party or by which it is bound or to 

which it is subject. 

(f) Litigation. As of the time of acceptance hereof and based on the advice of 

Kronick, Moskovitz, Tiedemann & Girard (“District Counsel”), no action, suit, 

proceeding, hearing or investigation is pending or, to the best knowledge of the District, 

threatened against the District: (i) in any way affecting the existence of the District or in 

any way challenging the titles of the officials of the District who are required to execute 

any contracts, certificates, or official statements in connection with the delivery of the 

Bonds to their respective offices, or the powers of those offices; or (ii) seeking to restrain 

or enjoin the sale, issuance or delivery of any of the Bonds, or the levy or collection of 

taxes by the County on behalf of the District required to be collected and applied to pay 

the principal of and interest and compounded interest on the Bonds, or the application 

thereof, or in any way contesting or affecting the validity or enforceability of the Bonds, 

the Bond Purchase Agreement, the Resolution, or the Paying Agent Agreement, or 

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contesting the powers of the District or its authority with respect to the Bonds, the 

Resolution, the Paying Agent Agreement, or the Bond Purchase Agreement; or (iii) in 

which a final adverse decision could (a) materially adversely affect the operations of the 

District, or (b) adversely affect the exclusion of the interest paid on the Bonds from gross 

income for federal income tax purposes and the exemption of such interest from 

California personal income taxation. 

(g) No Other Debt. Between the date hereof and the Closing Date, without 

the prior written consent of the Underwriter, neither the District directly, nor any other 

governmental agency or other body on behalf of the District, will have issued in the name 

and on behalf of the District any bonds, notes, or other obligations for borrowed money 

except for such borrowings as may be described in or contemplated by the Official 

Statement. 

(h) Arbitrage Certificate. The District has not been notified of any listing or 

proposed listing by the Internal Revenue Service to the effect that the District is a bond 

issuer whose arbitrage certificates may not be relied upon. 

(i) Continuing Disclosure. To assist the Underwriter in complying with 

S.E.C. Rule 15c2-12(b)(5), the District will undertake, pursuant to the Resolution and a 

Continuing Disclosure Certificate, to provide annual reports and notices of certain events. 

A description of this undertaking is set forth in the Preliminary Official Statement and 

will also be set forth in the final Official Statement. 

(j) Official Statement Accurate and Complete. The Preliminary Official 

Statement, at the date thereof, did not contain any untrue statement of a material fact or 

omit to state any material fact necessary to make the statements therein, in the light of the 

circumstances under which they were made, not misleading. At the date hereof and on 

the Closing Date, the Final Official Statement did not and will not contain any untrue 

statement of a material fact or omit to state any material fact necessary to make the 

statements therein, in the light of the circumstances under which they were made, not 

misleading. The District makes no representation or warranty as to the information 

contained in or omitted from the Preliminary Official Statement or the final Official 

Statement in reliance upon and in conformity with information furnished in writing to the 

District by or on behalf of the Underwriter through a representative of the Underwriter 

specifically for inclusion therein. 

(k) Certificates. Any certificates signed by any officer of the District and 

delivered to the Underwriter shall be deemed a representation by the District to the 

Underwriter, but not necessarily by the person signing the same, as to the statements 

made therein. 

9. Representations and Agreements of the Underwriter. The Underwriter 

represents to and agrees with the District that, as of the date hereof and as of the Closing Date: 

981266.1 4982.1 - 

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(a) The Underwriter is duly authorized to execute this Bond Purchase 

Agreement and to take any action under the Bond Purchase Agreement required to be 

taken by it. 

(b) The Underwriter is in compliance with MSRB Rule G-37 with respect to 

the District, and is not prohibited thereby from acting as underwriter with respect to 

securities of the District. 

(c) The Underwriter has, and has had, no financial advisory relationship with 

the District with respect to the Bonds, and no investment firm controlling, controlled by 

or under common control with the Underwriter has or has had any such financial advisory 

relationship. 

(d) The Underwriter has reasonably determined that the District’s undertaking 

to provide continuing disclosure with respect to the Bonds pursuant to Section 11 (e)(7) 

hereof is sufficient to effect compliance with Rule 1 5c2-12. 

10. Covenants of the District. The District covenants and agrees with the 

Underwriter that: 

981266.1 4982.1 - 

(a) Securities Laws. The District will furnish such information, execute such 

instruments, and take such other action in cooperation with the Underwriter if and as the 

Underwriter may reasonably request in order to qualify the Bonds for offer and sale under 

the Blue Sky or other securities laws and regulations of such states and jurisdictions, 

provided, however, that the District shall not be required to consent to service of process 

in any jurisdiction in which it is not so subject as of the date hereof 

(b) Official Statement. The District hereby agrees to deliver or cause to be 

delivered to the Underwriter, not later than the seventh (7th) business day following the 

date the Bond Purchase Agreement is signed, copies of a final Official Statement 

substantially in the form of the Preliminary Official Statement, with only such changes 

therein as shall have been accepted by the Underwriter and the District, in such quantities 

(including a representative number of originally executed copies) as may be reasonably 

requested by the Underwriter in order to permit the Underwriter to comply with 

paragraph (b)(4) of the Rule and with the rules of the Municipal Securities Rulemaking 

Board. 

(c) Subsequent Events. The District hereby agrees to notify the Underwriter 

of any event or occurrence that may affect in any material respect the accuracy or 

completeness of any information set forth in the Official Statement relating to the 

District, until the date which is ninety (90) days following the Closing Date or until such 

time (if earlier) as the Underwriter shall no longer hold any of the Bonds for sale; and 

(d) Amendments to Official Statement. For a period of ninety (90) days after 

the Closing Date or until such time (if earlier) as the Underwriter shall no longer hold any 

of the Bonds for sale, the District will not adopt any amendment of or supplement to the 

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Official Statement to which, after having been furnished with a copy, the Underwriter 

shall object in writing or which shall be disapproved by the Underwriter, provided that 

the Underwriter may not unreasonably withhold such approval and that the Underwriter 

may not object to such amendments or supplements if they result in a correction of the 

Official Statement; and if any event relating to or affecting the District shall occur as a 

result of which it is necessary, in the opinion of the Underwriter, to amend or supplement 

the Official Statement in order to make the Official Statement not misleading in light of 

the circumstances existing at the time it is delivered to a purchaser, the District shall 

forthwith prepare and furnish (at the expense of the District) a reasonable number of 

copies of such amendment or supplement (in form and substance satisfactory to the 

Underwriter). 

11. Conditions to Closing. The Underwriter has entered into the Bond Purchase 

Agreement in reliance upon the representations and warranties of the District contained herein 

and the performance by the District of its obligations hereunder, both as of the date hereof and as 

of the Closing Date. The Underwriter’s obligations under the Bond Purchase Agreement are and 

shall be subject at the option of the Underwriter, to the following further conditions at the 

Closing: 

(a) Representations True. The representations and warranties of the District 

contained herein shall be true, complete and correct in all material respects at the date 

hereof and at and as of the Closing as if made at and as of the Closing, and the statements 

made in all certificates and other documents delivered to the Underwriter at the Closing 

pursuant hereto shall be true, complete and correct in all material respects on the Closing 

Date; and the District shall be in compliance with each of the agreements made by it in 

the Bond Purchase Agreement; 

(b) Obligations Performed. At the time of the Closing, (i) the Official 

Statement, the Resolution, and the Paying Agent Agreement, shall not have been 

amended, modified or supplemented except in accordance with Section 10(d) hereof, and 

(ii) all actions under the Code which, in the opinion of Kronick, Moskovitz, Tiedemann 

& Girard (“Bond Counsel”) shall be necessary in connection with the transactions 

contemplated hereby, shall have been duly taken and shall be in full force and effect; 

(c) Adverse Rulings. No decision, ruling or finding shall have been entered 

by any court or governmental authority since the date of the Bond Purchase Agreement 

(and not reversed on appeal or otherwise set aside), or to the best knowledge of the 

District, be pending or threatened which has any of the effects described in Section 8 (f) 

hereof or contesting in any way the completeness or accuracy of the Official Statement; 

(d) Marketability. Between the date hereof and the Closing, the market price 

or marketability of the Bonds, or the ability of the Underwriter to enforce contracts for 

the sale of the Bonds at the initial offering prices set forth in the Official Statement, shall 

not have been materially adversely affected in the reasonable judgment of the 

Underwriter (evidenced by a written notice to the District terminating the obligation of 

981266.1 4982.1 — 8 - 

112

981266.1 4982.1 - 

the Underwriter to accept delivery of and pay for the Bonds) by reason of any of the 

following: 

(1) legislation enacted by or introduced in the Congress or 

recommended for passage by the President of the United States, or a decision 

rendered by a court established under Article III of the Constitution of the United 

States or by the United States Tax Court, or an order, ruling, regulation (final, 

temporary or proposed) or official statement issued or made: 

(i) by or on behalf of the United States Treasury Department, 

or by or on behalf of the Internal Revenue Service, with the purpose or 

effect, directly or indirectly, of causing inclusion in gross income for 

purposes of federal income taxation of the interest received by the owners 

of the Bonds; or 

(ii) by or on behalf of the Securities and Exchange 

Commission, or any other governmental agency having jurisdiction over 

the subject matter thereof, to the effect that the Bonds, or obligations of 

the general character of the Bonds, including any and all underlying 

arrangements, are not exempt from registration under the Securities Act of 

1933, as amended; 

(2) legislation enacted by the legislature of the State of California (the 

“State”), or a decision rendered by a court of the State, or a ruling, order, or 

regulation (final or temporary) made by State authority, which would have the 

effect of changing, directly or indirectly, the State tax consequences of interest on 

obligations of the general character of the Bonds in the hands of the holders 

thereof, or 

(3) the formal declaration of war by Congress or a new major 

engagement in or escalation of military hostilities by order of the President of the 

United States, or the occurrence of any other declared national emergency that 

interrupts or causes disorder to the operation of the financial markets in the 

United States for a period of more than 30 days; 

(4) the declaration of a general banking moratorium by federal, New 

York or California authorities, or the general suspension of trading on any 

national securities exchange for a period of more than 30 days; 

(5) the imposition by the New York Stock Exchange, other national 

securities exchange, or any governmental authority, of any material restrictions 

not now in force with respect to the Bonds, or obligations of the general character 

of the Bonds, or securities generally, or the material increase of any such 

restrictions now in force, including those relating to the extension of credit by, or 

the charge to the net capital requirements of, the Underwriter; 

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981266.1 4982.1 - 

(6) an order, decree or injunction of any court of competent 

jurisdiction, or order, filing, regulation or official statement by the Securities and 

Exchange Commission, or any other governmental agency having jurisdiction 

over the subject matter thereof, issued or made to the effect that the issuance, 

offering or sale of obligations of the general character of the Bonds, or the 

issuance, offering or sale of the Bonds, as contemplated hereby or by the Official 

Statement, is or would be in violation of the federal securities laws, as amended 

and then in effect; 

(7) the withdrawal or downgrading of any underlying rating of the 

District’s outstanding indebtedness by any national rating agency then rating the 

Bonds; 

(8) any event occurring, or information becoming known which, in the 

reasonable judgment of the Underwriter, makes untrue in any material adverse 

respect any statement or information contained in the Official Statement, or has 

the effect that the Official Statement contains any untrue statement of a material 

fact or omits to state a material fact required to be stated therein or necessary to 

make the statements made therein, in light of the circumstances under which they 

were made, not misleading. 

(e) Delivery of Documents. At or prior to the Closing Date, Bond Counsel 

shall deliver sufficient copies of the documents listed as items 1-17 below, in each case 

dated as of the Closing Date and satisfactory in form and substance to the Underwriter, 

and the Underwriter shall deliver the documents listed as item 8 below: 

(1) Bond Opinion. An approving opinion of Bond Counsel, as to the 

validity and tax-exempt status of the Bonds, dated the Closing Date. 

(2) Reliance Letter. A reliance letter from Bond Counsel to the effect 

that the Underwriter can rely upon the approving opinion described in (e)(l) 

above; 

(3) Certificates of the District. Certificates signed by appropriate 

officials of the District to the effect that (i) such officials are authorized to execute 

the Bond Purchase Agreement, (ii) the representations and warranties of the 

District herein are true and correct in all material respects as of the Closing Date, 

(iii) the District has complied with all the terms of the Resolution, the Paying 

Agent Agreement, and the Bond Purchase Agreement, which are necessary to be 

complied with prior to or concurrently with the Closing and such documents are 

in full force and effect, and (iv) the District has reviewed the Official Statement 

and on such basis certifies that the Official Statement (excluding therefrom 

information regarding the DTC and its book-entry only system, information 

regarding a policy of municipal bond insurance and the provider thereof, 

information regarding the initial offering of the Bonds and accreted values of the 

Bonds (if applicable), and information regarding the investment portfolio, 

policies, practices and valuation procedures of the County Treasurer, as to which 

no view is expressed) does not contain any untrue statement of a material fact 

10— 

114

equired to be stated therein or necessary to make the statements therein, in light 

of the circumstances in which they were made, not misleading. 

(4) Arbitrage. A non-arbitrage certificate of the District in a form 

satisfactory to Bond Counsel; 

(5) Ratings. Evidence that the Bonds have been rated ““ by 

Standard & Poor’s based on the understanding that the Insurance Policy will be 

delivered concurrently with the issuance of the Bonds; and evidence satisfactory 

to the Underwriter that the Bonds shall have an underlying rating of”” by 

Standard & Poor’s and” “by Fitch Ratings and that any such ratings have 

not been revoked or downgraded; 

(6) District Resolution. A certificate, together with copies of the 

Resolution, of the Secretary of the District Governing Board to the effect that: 

and 

(i) such copies are true and correct copies of the Resolution; 

(ii) that the Resolution was duly adopted and has not been 

amended or rescinded and is in full force and effect on the Closing Date. 

(7) Continuing Disclosure Certificate. A Continuing Disclosure 

Certificate of the District in substantially the form given in the Preliminary 

Official Statement. 

(8) Underwriter’s Certifications. At or before Closing, and 

contemporaneously with the acceptance of delivery of the Bonds and the payment 

of the purchase price thereof, the Underwriter will provide to the District: 

(i) the receipt of the Underwriter, in form satisfactory to the 

District and signed by an authorized officer of the Underwriter, accepting 

delivery of the Bonds to the Underwriter and confirming receipt of all 

documents required by the Underwriter, and the satisfaction of all 

conditions and terms of this Bond Purchase Agreement by the District, and 

confirming to the District that as of the Closing Date all of the 

representations of the Underwriter contained in this Bond Purchase 

Agreement are true, complete and correct in all material respects. 

(ii) the certification of the Underwriter, in form satisfactory to 

Bond Counsel, regarding the prices at which the Bonds have been 

reoffered to the public, as described in Section 3 hereof. 

(9) Verification Report. A report (as required by Government Code 

section 53558) from a certified public accountant licensed to practice in 

California certifying the sufficiency of the proceeds of the Bonds and the 

981266.1 4982.1 —11- 

115

maturing principal amounts of and interest earned on the government obligations 

purchased therewith and the other moneys to be deposited pursuant to the Paying 

Agent Agreement to pay and redeem the Refunded Prior Bonds and to pay the 

designated costs of issuance of the Bonds. 

(10) Insurance Policy. A copy of the original Insurance Policy, in form 

and substance satisfactory to the Underwriter. 

(11) Opinion of Insurer’s Counsel. A legal opinion of counsel to the 

Insurer, addressed to the Underwriter and the District, dated the Closing Date, in 

form and substance acceptable to the Underwriter, to the effect that: 

(1) The Insurer is a Maryland-domiciled insurance corporation 

and is duly qualified to conduct an insurance business in the State of 

California; and 

(2) The Insurance Policy has been duly executed and is a valid 

and binding obligation of the Insurer enforceable in accordance with its 

terms except that the enforcement of the Insurance Policy may be limited 

by laws relating to bankruptcy, insolvency, reorganization, moratorium, 

receivership and other similar laws affecting creditor’s rights generally 

and by general principles of equity (regardless of whether such 

enforceability is considered in a proceeding in equity or at law). 

(12) Certificate of Insurer. A certificate(s) of the Insurer in form and 

substance satisfactory to Bond Counsel, including a certification of the 

appropriate agent of the Insurer evidencing Insurer’s determination that the 

information contained in the Official Statement regarding the Insurer and the 

Insurance Policy with respect to the Bonds is accurate. 

(13) Other Documents. Such additional legal opinions, certificates, 

proceedings, instruments and other documents as the Underwriter or Bond 

Counsel may reasonably request to evidence (i) compliance by the District with 

legal requirements, (ii) the truth and accuracy, as of the time of Closing, of the 

representations of the District herein contained, and (iii) the due performance or 

satisfaction by the District at or prior to such time of all agreements then to be 

performed and all conditions then to be satisfied by the District; and 

(f) Termination. Notwithstanding anything to the contrary herein contained, 

if for any reason whatsoever the Bonds shall not have been delivered by the District to 

the Underwriter prior to the close of business, 5:00 p.m. California Time, on the Closing 

Date then the obligation to purchase Bonds hereunder shall terminate and be of no further 

force or effect. 

If the District shall be unable to satisfy the conditions to the Underwriter’s obligations 

contained in the Bond Purchase Agreement or if the Underwriter’s obligations shall be 

terminated for any reason permitted by the Bond Purchase Agreement, the Bond Purchase 

981266.1 4982.1 — 

12 

- 

116

Agreement may be canceled by the Underwriter at, or at any time prior to, the scheduled time of 

Closing. Notice of such cancellation shall be given to the District in writing, or by telephone or 

telegraph, confirmed in writing. Notwithstanding any provision herein to the contrary, the 

performance of any and all obligations of the District hereunder and the performance of any and 

all conditions contained herein for the benefit of the Underwriter may be waived by the 

Underwriter in writing at its sole discretion. 

12. Conditions to Obligations of the District. The performance by the District of 

their obligations is conditioned upon (i) the performance by the Underwriter of its obligations 

hereunder; and (ii) receipt by the District of opinions and certificates being delivered at the 

Closing by persons and entities other than the District. 

13. Expenses. The Underwriter shall be under no obligation to pay, and the District 

shall pay or cause to be paid, the expenses incident to the performance of the obligations of the 

District hereunder including but not limited to (i) the cost of the preparation and reproduction of 

the Resolution and the Paying Agent Agreement; (ii) the fees and disbursements of Bond 

Counsel, and District Counsel; (iii) the fees and disbursements of the Financial Advisor; (iv) the 

cost of the preparation and delivery of the Bonds; (v) the fees, if any, for bond ratings, including 

all necessary travel expenses; (vi) the cost of the printing and distribution of the Official 

Statement; (vii) the initial fees, if any, of the Paying Agent; and (viii) the fees and expenses, if 

any, of the County with respect to its participation in the issuance of the Bonds. 

The Underwriter shall pay, and the District shall be under no obligation to pay, all of its 

out-of-pocket expenses, including the California Debt and Investment Advisory Commission fee, 

CUSIP fees, travel, the premium for any policy of bond insurance that it obtains for the Bonds, 

counsel to the Underwriter, and other expenses (except as provided above). 

14. Good Faith Deposit. The amount of $300,000 has been, or within two (2) 

business days hereof will be, wired to the District’s account as security for the performance by 

the Underwriter of its obligation to accept and pay for the Bonds at the Closing, as provided in 

Section 2 (Purchase, Sale, and Delivery of the Bonds) hereof. If the Underwriter complies with 

that obligation, the Good Faith Deposit shall be credited toward the payment of the purchase 

price of the Bonds by the Underwriter at the Closing, as provided in Section 2 (Purchase, Sale, 

and Delivery of the Bonds) hereof. If the District does not accept this offer, the Good Faith 

Deposit shall be promptly returned to the Underwriter. If the District fails to deliver the Bonds at 

the Closing, or if the District shall be unable to satisfy the conditions of the obligation of the 

Underwriter to purchase and accept delivery of the Bonds as set forth in this Bond Purchase 

Agreement, or if the obligation of the Underwriter with respect to the Bonds shall be terminated 

for any reason permitted by this Bond Purchase Agreement, this Bond Purchase Agreement shall 

terminate and neither the Underwriter nor the District shall be under further obligation 

hereunder, except that the amount of the Good Faith Deposit shall immediately be paid to the 

Underwriter and the respective obligations of the District and the Underwriter for the payment of 

expenses, as provided in Section 13 (Expenses), shall continue in full force and effect. If the 

Underwriter fails (other than for a reason permitted hereunder) to accept and pay for the Bonds at 

the Closing as herein provided, the amount of the Good Faith Deposit shall be retained by the 

District as full liquidated damages for such failure and for any defaults hereunder on the 

Underwriter’s part and shall constitute a full release and discharge of all claims and damages for 

981266.14982.1 - 

13- 

117

such failure and for such defaults. The Underwriter understands that District’s actual damages 

may be greater or may be less than the amount of the Good Faith Deposit. Accordingly, the 

Underwriter hereby waives any right to claim that the District’s actual damages are less than 

such sum, and the District’s acceptance of this offer shall constitute a waiver of any right the 

District may have to additional damages from the Underwriter. Any interest or other income 

from the investment of the Good Faith Deposit by the District shall belong to the District. 

15. Indemnification. The Underwriter agrees to indemnify and hold harmless the 

District and its directors, officers, employees and agents, from and against any and all losses, 

claims, damages, liabilities, attorneys’ fees and other expenses of every conceivable kind, 

character or nature whatsoever (including the reasonable costs of investigation) arising out of, 

resulting from or in any way connected with: 

(a) any violation or alleged violation in the offering or sale of the Bonds, by the 

Underwriter, of the Blue Sky, securities or any other laws of any jurisdiction in which any such 

offering or sale is made; 

(b) the failure of the Underwriter to send or give to any purchaser of any Bonds a copy of 

the Preliminary Official Statement pursuant to Section 6 of this Bond Purchase Agreement and, 

concurrently with the written confirmation of the sale of such Bonds, the Official Statement (to 

the extent supplemented or amended, as so supplemented or amended). 

16. Notices. Any notice or other communication to be given under the Bond 

Purchase Agreement (other than the acceptance hereof as specified in the first paragraph hereof) 

may be given by delivering the same in writing if to the District, to the Superintendent, Fairfield 

Suisun Unified School District, 2490 Hilborn Road, CA 94534; or if to the Underwriter, to 

[UNDERWRITER],___________________________ 

17. Parties in Interest; Survival of Representations and Warranties. The Bond 

Purchase Agreement is made solely for the benefit of the District and the Underwriter (including 

the successors or assigns of the Underwriter). No other person shall acquire or have any rights 

hereunder or by virtue hereof. All representations and warranties of the District in the Bond 

Purchase Agreement shall survive regardless of (a) any investigation or any statement in respect 

thereof made by or on behalf of the Underwriter, and (b) delivery of and payment by the 

Underwriter for the Bonds hereunder. 

18. Severability. In the event any provision of this Bond Purchase Agreement shall 

be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not 

invalidate or render unenforceable any other provision thereof. 

19. Nonassignment. Notwithstanding anything stated to the contrary herein, neither 

party hereto may assign or transfer its interest herein, or delegate or transfer any of its 

obligations hereunder, without the prior consent of the other party hereto. 

981266.1 4982.1 — 

— 

14 

118

20. Entire Agreement. This Bond Purchase Agreement, when executed by the 

parties hereto, shall constitute the entire agreement of the parties hereto, including their 

permitted successors and assigns, respectively. 

21. Execution in Counterparts. The Bond Purchase Agreement may be executed in 

several counterparts each of which shall be regarded as an original and all of which shall 

constitute but one and the same document. 

22. Applicable Law. The Bond Purchase Agreement shall be interpreted, governed 

and enforced in accordance with the laws of the State of California applicable to contracts made 

and performed in such State. 

981266.1 4982.1 15- 

119 

[Remainder ofPage Left Intentionally Blank]

TN WITNESS WHEREOF, the parties hereto have executed this Bond Purchase 

Agreement by their officers thereunto duly authorized of the day and year first written above. 

981266.1 4982.1 - 

[UNDERWRITER] 

By:________________________ 



By:____________ 


16 

- 

120

APPENDIX A 

INTEREST RATES, REOFFERING PRICES, MATURITIES 

$[PAR AMOUNT] 

THE FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT 



CURRENT INTEREST BONDS 

Maturity Date 

(August 1) Principal Interest Yield Price 

2012 $ % % 

2013 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

2021 

2022 

2023 

2024 

2025 

2026 

2027 

981266.1 4982.1 

121

0).C 

.0 

0 

Q) .0 

C 

U.n 

-0 

0 . 

z - 

C 

.0 Uj a 

a 

-C 

“.0 

a C 

l -u -0 

‘ 

:- 

-C a 

-s 

0 ) 

0 

i5 -a a 

-a 

cOO 

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S 

I— .0 0) 

‘ 

-a E 

-C 0 

- C 

-u 

cj 0O 

CCC 

-u 

‘00 

C 

0) 

-C a o 

NEWISSUE 

DTC BOOK-ENTRY ONLY 

PRELIMINARY OFFICIAL STATEMENT 

Dated September,2011 [DRAFT October 3, 2011 

$—,-—,000 

FAIRFIELD.-SUISUN UNIFIED SCHOOL DISTRICT 


2011 GENERAL OBLIGATION REFUNDING BONDS 

DATED: Date of Delivery DUE: August 1, as shown below 

The Fairfield-Suisun Unified School District (Solano and Napa Counties. California) 2011 General Obligation Refunding Bonds (the 

“Bonds”) in the aggregate principal amount of $_,_.._. 000’ are issued by the Fairfield-Suisun Unified School District (the “District”) 

to refund certain outstanding general obligation bonds of the District originally issuedfor authorized school purposes and to pay costs of 

issuance of the Bonds. See “PLAN OF REFUNDING” herein. 

The Bonds are payable from the proceeds of ad valorem property taxes which the Board of Supervisors of Solano County and the Board 

of Supervisors of Napa County are obligated to levy and collect without limitation as to rate or amount on all taxable property in the 

District (exceptfor certain personal properly which is taxable at limited rates) for the payment of interest, principal and premium, if any, 

on the Bonds. See “SECURITY AND SOURCE OF PAYMENT” herein. 

The Bonds are being issued as fully registered bonds, without coupons, and when delivered will be registered in the name of Cede & Co., 

as nominee of The Depository Trust Company, New York, New York (“DTC”). DTC will act as securities depository for the Bonds. 

Individual purchases of the Bonds will be made in book-entry-only form and only in authorized denominations, as described in this 

Official Statement. So long as Cede & Co. is the registered owner of the Bonds, payments of principal of and interest will be made by 

U.S. Bank National Association, as Paying Agent on the Bonds, to DTC for subsequent disbursement to DTC Participants (defined 

herein) who will remit such payments to the Beneficial Owners (defined herein) of the Bonds. See “THE BONDS—DTC Book-Entry 

Only” herein. 

Interest on the Bonds is first payable on February 1, 2012, and semiannually thereafter on February 1 and August 1 of each year. The 

Bonds are subject to redemption prior to maturity. See “THE BONDS—Redemption Provisions.” 

THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR QUICK REFERENCE ONLY. IT IS NOT INTENDED TO BE A SUMMARY 

OF ALL FACTORS RELEVANT TO AN INVESTMENT IN THE BONDS. INVESTORS SHOULD READ THE ENTIRE OFFICIAL STATEMENT 

TO OBTAIN INFORMATION ESSENTIAL TO THE MAKING OF AN INFORMED INVESTMENT DECISION. CAPITALIZED TERMS USED 

ON THIS COVER PAGE NOT OTHERWISE DEFINED WILL HAVE THE MEANINGS SET FORTH HEREIN. 

MATURITY SCHEDULE 

Maturity Date Principal Coupon Reoffering Maturity Date Principal Coupon Reoffering 

August 1 Amount* Interest Rate Yield August 1 Amount* Interest Rate Yield 

2012 $ ,000 % —. 

2020 $ .000 % . 

% 

2013 .000 2021 .000 

2014 .000 .__ . 2022 ,000 

2015 ,000 . —. 2023 .000 

2016 ,000 . 2024 .000 

2017 ,000 2025 .000 

2018 .000 2026 .000 

2019 .000 2027 .000 

% 

The Bonds are being purchased for reoffering by as Underwriter of the Bonds. The Bonds are offered when, as and if 

issued by the District and received by the Underwriter, subject to approval as to legality by Kronick, Moskovitz, Tiedemann & Girard, a 

Professional Corporation, Sacramento, California, Bond Counsel. It is anticipated that the Bonds, in definitive form, will be available 

for delivery through the facilities of DTC in New York, New York on or about November 16, 2011. 

This Official Statement is dated 2011 

* 

Moody’s Rating: “_“ 

See “RATING” herein 

In the opinion of Kronick, Moskovitz, Tiedemann & Girard, a Professional Corporation, Sacramento, California, Bond Counsel, based 

upon an analysis of existing statutes, regulations, rulings, and court decisions and assuming, among other things, the accuracy of certain 

representations and compliance with certain covenants, interest on the Bonds is excludable from gross income for federal income tax 

purposes and is exemptfrom State of California personal income taxes. In the further opinion of Bond Counsel, interest on the Bonds is 

not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations however, 

such interest is taken into account in determining adjusted current earnings for the purpose of computing the alternative minimum tax 

imposed on certain corporations. Bond Counsel expresses no opinion regarding any other tax consequences related to the ownership or 

disposition of, or the accrual or receipt of interest on, the Bonds. See “LEGAL MA7TERS - Tax Matters” herein. 

* 

Preliminary; subject to adjustment 

122

THIS OFFICIAL STATEMENT IS SUBMIYTED WITH RESPECT TO THE SALE OF THE BONDS REFERRED TO HEREIN AND MAY NOT 

BE REPRODUCED OR USED, iN WHOLE OR IN PART, FOR ANY OTHER PURPOSE. THIS OFFICIAL STATEMENT 1S NOT TO BE 

CONSTRUED AS A CONTRACT WITH THE PURCHASERS OF THE BONDS. 

THE BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES 

EXCHANGE ACT OF 1934, AS AMENDED, IN RELIANCE UPON EXCEPTIONS THEREIN FOR THE ISSUANCE AND SALE OF 

MUNICIPAL SECURITIES. THE BONDS HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES LAW OF ANY 

STATE. 

THIS OFFICIAL STATEMENT DOES NOT CONSTITUTE AN OFFER TO SELL NOR THE SOLICITATION OF AN OFFER TO BUY NOR 

SHALL THERE BE ANY SALE OF THE BONDS BY A PERSON IN ANY JURISDICTION IN WHICH IT IS UNLAWFUL FOR SUCH PERSON 

TO MAKE AN OFFER, SOLICITATION OR SALE. 

NO DEALER, BROKER. SALESPERSON OR OTHER PERSON HAS BEEN AUTHORIZED BY THE DISTRICT TO GIVE ANY 

INFORMATION OR TO MAKEANYREPRESENTATIONS, OTHER THAN THOSE CONTAINED HEREIN, AND IF GIVEN OR MADE, SUCH 

OTHER INFORMATION OR REPRESENTATIONS MUST NOT BE RELIED UPON AS HAVING BEEN AUTHORIZED BY THE DISTRICT. 

THE INFORMATION SET FORTH HEREIN HAS BEEN FURNISHED BY THE DISTRICT AND OTHER SOURCES THAT ARE BELIEVED 

TO BE RELIABLE, BUT IS NOT GUARANTEED AS TO ACCURACY OR COMPLETENESS. THE INFORMATION AND EXPRESSIONS OF 

OPiNION HEREiN ARE SUBJECT TO CHANGE WITHOUT NOTICE AND NEITHER DELIVERY OF THIS OFFICIAL STATEMENT NOR 

ANY SALE MADE HEREUNDER SHALL, UNDER ANY CIRCUMSTANCES, CREATE ANY IMPLICATION THAT THERE HAS BEEN NO 

CHANGE IN THE AFFAIRS OF THE DISTRICT SINCE THE DATE HEREOF. 

CERTAIN STATEMENTS INCLUDED OR INCORPORATED BY REFERENCE IN THIS OFFICIAL STATEMENT CONSTITUTE 

“FORWARD-LOOKING STATEMENTS” WITHIN THE MEANING OF THE UNITED STATES PRIVATE SECURITIES LITIGATION 

REFORM ACT OF 1995, SECTION 2]E OF THE UNITED STATES SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, AND 

SECTiON 27A OF THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED. SUCH STATEMENTS ARE GENERALLY 

IDENTIFIABLE BY THE TERMINOLOGY USED SUCH AS “PLAN,” EXPECT.” “ESTIMATE,” “PROJECT,” “BUDGET” OR SIMILAR 

WORDS. THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED IN SUCH FORWARD-LOOKING 

STATEMENTS INVOLVES KNOWN AND UNKNOWN RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL 

RESULTS, PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, 

PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THE DISTRICT DOES 

NOT PLAN TO ISSUE ANY UPDATES OR REVISIONS TO THOSE FORWARD-LOOKING STATEMENTS IF OR WHEN ITS 

EXPECTATIONS OR EVENTS, CONDITIONS OR CIRCUMSTANCES ON WHICH SUCH STATEMENTS ARE BASED CHANGE. 

IN CONNECTION WITH THE OFFERING, THE UNDERWRITER MAY OVER-ALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR 

MAINTAIN THE MARKET PRICE OF THE BONDS OFFERED HEREBY AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE 

PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THE 

UNDER WRiTER MAY OFFER AND SELL THE BONDS TO CERTAIN DEALERS, INSTITUTIONAL INVESTORS, BANKS OR OTHERS AT 

PRICES LOWER OR HIGHER THAN THE PUBLIC OFFERING PRICES STATED ON THE COVER PAGE HEREOF AND SAID PUBLIC 

OFFERiNG PRICES MAY BE CHANGED FROM TIME TO TIME BY THE UNDERWRITER. 

CUSIP Numbers 

Maturity Date CUSIP Maturity Date CUSIP 

August 1 Number August 1 Number 

2012 2020 

2013 2021 

2014 2022 

2015 2023 

2016 2024 

2017 2025 

2018 2026 

2019 2027 

* 

Copyright 2011, American Bankers Association. CUSIP data herein is provided by Standard & Poor’s CUSIP Service Bureau, a division of 

The McGraw-Hill Companies, Inc., and is included for convenience of reference only. The District and the Underwriter make no representation 

as to the accuracy or completeness of such information. 

II 

123


$,,000* 




BOARD OF TRUSTEES 

Patricia Shamansky President 

Kathleen Marianno, President Elect 


David Gaut, Acting Clerk 

Perry W. Polk, Member 

Helen Tilley, Member 

DISTRICT ADMINISTRATION 

Jacki L. Cottingim-Dias, Ph.D., Superintendent 

Kelly Morgan, Assistant Superintendent, Business Services 

Ron Hawkins, Assistant Superintendent, Human Resources 

Kris Corey, Assistant Superintendent, Educational Services 

Faiifield-Suisun Unified School District 

2490 Hillborn Road 

Fairfield, California 94534 

(707) 399-5000 

FINANCIAL ADVISOR 

Government Financial Strategies inc. 

1228 N Street, Suite 13 

Sacramento, California 958 14-5609 

(916) 444-5100 

BOND COUNSEL 

Kronick, Moskovitz, Tiedemann & Girard, A Professional Corporation 

400 Capitol Mall, 27th Floor 

Sacramento, California 95814-4417 

(916) 321-4500 

PAYING AGENT I ESCROW AGENT 

U.S. Bank National Association 

1 California Street, 10th Floor 

San Francisco, California 94111 

VERIFICATION AGENT 

AMTEC 

124 LaSalle Road 

West Hartford, Connecticut 06107 

(860) 523-5112 

111 

1 24




TABLE OF CONTENTS 

* 

Page # 

INTRODUCTORY STATEMENT 1 

The District 

Authority for Issuance 1 

Source of Payment for the Bonds 2 

[Bond Insurance 2 

Description of the Bonds 2 

Continuing Disclosure 2 

Professionals Involved 2 

Other Information 2 

THEBONDS 3 

Authority for Issuance 3 

Form and Registration 3 

Payment of Principal and Interest 3 

Redemption Provisions 4 

DTC Book-Entry Only 5 

Registration, Transfer and Exchange 6 

Defeasance 7 

Unclaimed Moneys 7 

PLAN OF REFUNDING 7 

Application and Investment of Bond Proceeds 7 

Sources and Uses of Funds 8 

Debt Service Schedule 9 

Combined Debt Service 10 

SECURITY AND SOURCE OF PAYMENT 10 

General 10 

Property Taxation System 10 

Assessed Valuation of Property Within the District 11 

Largest Taxpayers in District 14 

Tax Rate 14 

Alternative Method of Tax Apportionment 15 

Tax Collections and Delinquencies 16 

Direct and Overlapping Bonded Debt 16 

SOLANO COUNTY INVESTMENT POOL 18 

COUNTY ECONOMIC PROFILE 19 

General Information 19 

Population 19 

Unemployment 19 

Major Employers 20 

Taxable Sales 21 

* 


iv 

125

THE DISTRICT .21 

General Information 21 

The Board of Trustees and Key Administrative Personnel 22 

Schools and Enrollment 22 

Charter Schools 23 

Pupil-Teacher Ratios 23 

Employee Relations 23 

Pension Plans 24 

Other Post-Employment Benefits 24 

DISTRICT FINANCIAL INFORMATION 25 

Accounting Practices 25 

Budget and Financial Reporting Process 26 

Financial Statements 27 

Actions by the District to Address Reductions in Education Spending by the State 28 

Revenues 28 

Expenditures 29 

Short-Term Borrowings 30 

Capitalized Lease Obligations 30 

Long Term Borrowings 30 

STATE FUNDING OF PUBLIC EDUCATION 31 

Revenue for Public Education 31 

Distribution of Revenue for School Districts 32 

The 2010-Il State Budget 33 

The 2011-12 State Budget 35 

Future Budgets 38 

CONSTITUTIONAL & STATUTORY PROVISIONS AFFECTING DISTRICT REVENUES & EXPENDITURES 38 

LEGAL MATTERS 41 

No Litigation 41 

Legal Opinion 41 

Tax Matters 41 

Legality for Investment 42 

RATING 42 

FINANCIAL ADVISOR 43 

INDEPENDENT AUDITORS 43 

UNDERWRITING AND INITIAL OFFERING PRICE 43 

CONTINUING DISCLOSURE 43 

ADDITIONAL INFORMATION 44 

APPENDIX A—THE FINANCIAL STATEMENTS OF THE DISTRICT AS OF AND FOR THE YEAR ENDING 

JUNE 30,2010 

APPENDIX B—FORM OF CONTINUING DISCLOSURE CERTIFICATE 

APPENDIX C—PROPOSED FORM OF BOND COUNSEL OPINION 

APPENDIX D—SOLANO COUNTY INVESTMENT POLICY 

v 

126

[THIS PAGE INTENTIONALLY LEFT BLANK] 

127

OFFICIAL STATEMENT 

$—,——--,000* 




INTRODUCTORY STATEMENT 

The purpose of this Official Statement is to provide certain information concerning the sale and delivery of the Fairfleld-Suisun 

Unified School District (Solano and Napa Counties, California) 2011 General Obligation Refunding Bonds (the “Bonds”) in the 

aggregate principal amount of $,_,000* being issued to refund certain outstanding general obligation bonds of the Fairfield 

Suisun Unified School District as further described herein and to pay costs of issuance of the Bonds. 

This “INTRODUCTORY STATEMENT” is not a summary of this Official Statement. It is only a brief description of and guide to, 

and is qualified by, more complete and detailed information contained in the entire Official Statement, including the cover page 

and appendices hereto, and the documents su,’nmnarized or described herein. A full review should be made of the entire Official 

Statement. The offering of the Bonds to potential investors is made only by means of the entire Official Statement. 

The District 

The Fairfield-Suisun Unified School District (the “District”) is a political subdivision of the State of California (the “State”) and 

provides educational services primarily to residents of the City of Fairfield, the City of Suisun, certain adjacent unincorporated 

portions of Solano County (the “County”), and a small portion of Napa County. The District is located approximately 50 miles 

northeast of San Francisco and 30 miles west of Sacramento, and encompasses approximately 270 square miles. The District 

operates 26 schools, consisting of three high schools, four middle schools, 17 elementary schools, one continuation high school, 

and one community day school, serving in total approximately 21,200 students. For more complete information concerning the 

District, see “THE DISTRICT” and “DISTRICT FINANCIAL INFORMATION” herein. 

Authority for Issuance 

The Bonds are issued under and pursuant to the Constitution and laws of the State, including the provisions of Articles 9 and II 

of Chapter 3 of Part I of Division 2 of Title 5 of the State Government Code and applicable provisions of the State Education 

Code, and pursuant to the terms under that certain paying agent agreement dated November 1, 2011 between the District and U.S. 

Bank National Association (the “Paying Agent Agreement”). The Bonds are authorized to be issued pursuant to that certain 

resolution adopted by the Board of Trustees of the District (the “Board”) on October 13,2011 (the “Resolution”). 

The bonds to be refunded were authorized at an election held on March 5, 2002 (the “2002 Election”) by more than 55% of the 

votes cast by eligible voters within the District. The 2002 Election authorized the issuance of bonds in an aggregate principal 

amount not to exceed $100,000,000 for school purposes. Proceeds of the Bonds will be applied (i) to refund certain outstanding 

general obligation bonds of the District, and (ii) to pay costs of issuance of the Bonds. See “PLAN OF REFUNDING” herein. 

* 


128

Source of Payment for the Bonds 

The Board of Supervisors of Solano County and the Board of Supervisors of Napa County are empowered and obligated to 

annually levy and collect ad valorem property taxes, without limitation as to rate or amount, on all taxable property in the District 

(except for certain personal property which is taxable at limited rates) for the payment of principal of and interest on the Bonds. 

See “SECURITY AND SOURCE OF PAYMENT” herein. 

IBond Insurance 

The decision as to whether or not to buy bond insurance, and from which bond insurer the insurance policy will be purchased, 

vill be determined by the underwriter of the Bonds at the time of the sale of the Bonds.] 

Description of the Bonds 

The Bonds will be dated their date of delivery and will be issued as fully registered Bonds, without coupons, in denominations of 

$5,000 or any integral multiple thereof. The Bonds will be issued in book-entry form only, and will be initially issued and 

registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York (“DTC”). 

The Bonds mature on August 1 in each of the years and in the amounts set forth on the cover page hereof. Interest with respect to 

the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2012. Interest on the Bonds will be 

computed on the basis of a 360-day year consisting of twelve 30-day months. See “THE BONDS” herein. 

Continuing Disclosure 

The District will covenant for the benefit of holders and Beneficial Owners (as defined herein) to make available certain financial 

information and operating data relating to the District and to provide notices of the occurrence of certain enumerated events in 

compliance with S.E.C. Rule l5c2-l2(b)(5). The specific nature of the information to be made available and of the notices of 

certain enumerated events are set forth in “APPENDIX B — FORM OF CONTINUING DISCLOSURE CERTIFICATE.” See 

also “CONTINUING DISCLOSURE” herein. 

Professionals Involved 

Government Financial Strategies inc., Sacramento, California, has acted as financial advisor with respect to the sale and delivery 

of the Bonds. See “FINANCIAL ADVISOR” herein. All proceedings in connection with the sale and delivery of the Bonds are 

subject to the approving legal opinion of Kronick, Moskovitz, Tiedemann & Girard, a Professional Corporation, Sacramento, 

California, bond counsel to the District with respect to the Bonds (“Bond Counsel”). U.S. Bank National Association will act as 

paying agent with respect to the Bonds (the “Paying Agent”). Bond Counsel and the Paying Agent will receive compensation 

from the District contingent upon the sale and delivery of the Bonds. 

Other Information 

This Official Statement may be considered current only as of its date which has been made a part of the cover page hereof. The 

information contained herein is subject to change. A description of the Bonds and the District, together with summaries of certain 

provisions of the Paying Agent Agreement, the Resolution and other legal documents related to the Bonds, are included in this 

Official Statement. Such summaries do not purport to be comprehensive or definitive, and are qualified in their entirety by 

reference to such documents. 

Interested parties may obtain copies of the Paying Agent Agreement, the Resolution, audited financial statements, annual budgets, 

or any other information which is generally made available to the public by contacting the District through the Assistant 

Superintendent, Business Services at the address and telephone set forth on page “iii” of this Official Statement, or by contacting 

Government Financial Strategies inc., the District’s financial advisor, at the address and telephone set forth on page “iii” of this 

Official Statement. 

-2- 

129

Authority for Issuance 

THE BONDS 

The Bonds are issued under and pursuant to the Paying Agent Agreement and the State Constitution and laws of the State, 

including the provisions of Articles 9 and 11 of Chapter 3 of Part I of Division 2 of Title 5 of the State Government Code and 

applicable provisions of the State Education Code. The Bonds are authorized pursuant to the Resolution adopted by the Board on 

October 13, 2011. The Government Code permits the issuance of bonds payable from ad valorem taxes without a vote of the 

electors solely in order to refund other outstanding bonds which were originally approved by such a vote, provided that the total 

debt service to maturity on the refunding bonds does not exceed the total debt service to maturity on the bonds being refunded. 

The bonds to be refunded were authorized at the 2002 Election by more than 55% of the votes cast by eligible voters within the 

District. The 2002 Election authorized the issuance of bonds in an aggregate principal amount not to exceed $100,000,000 for 

school purposes. The bonds authorized at the 2002 Election were issued in two series: 

• The Fairfield-Suisun Unified School District (Solano and Napa Counties, California) General Obligation Bonds, Election of 

2002, Series issued on August 1, 2002, in an aggregate original principal amount of $45,000,000 2002 (the “Series 2002 

Bonds”), and 

• The Fairfield-Suisun Unified School District (Solano and Napa Counties, California) General Obligation Bonds, Election of 

2002, Series 2004 issued on June 23, 2004 in an aggregate original principal amount of $55,000,000 (the “Series 2004 

Bonds”). 

Proceeds of the Bonds will be applied (i) to refund the Series 2002 Bonds maturing August 1, 2013 through August 1, 2027, 

inclusive (the “Refunded 2002 Bonds”), and (ii) to pay costs of issuance of the Bonds. See “PLAN OF REFUNDING” herein. 

Form and Registration 

The Bonds will be dated their date of delivery and will be issued as fully registered Bonds, without coupons, in denominations of 

$5,000 or any integral multiple thereof. The Bonds will be issued in book-entry form only, and will be initially registered in the 

name of Cede & Co. as nominee of DTC. Purchasers of the Bonds (the “Beneficial Owners”) will not receive physical 

certificates representing their interest in the Bonds. 

As long as DTC’s book-entry method is used for the Bonds, the Paying Agent will send any notice of prepayment or other notices 

to owners only to DTC. Any failure of DTC to advise any DTC Participant, or of any DTC Participant to notify any Beneficial 

Owner, of any such notice and its content or effect will not affect the validity or sufficiency of the proceedings relating to the 

prepayment of the Bonds called for prepayment or of any other action premised on such notice. See “THE BONDS—DTC Book- 

Entry Only” herein. 

Payment of Principal and Interest 

The Bonds mature on August 1 in each of the years and in the amounts set forth on the cover page hereof. No Bonds shall have 

principal maturing on more than one date. 

Interest with respect to the Bonds is payable on February 1 and August 1 of each year (each, an “Interest Payment Date”), 

commencing February 1, 2012. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30day 

months. Each Bond will bear interest from the Interest Payment Date next preceding the date of authentication thereof, 

unless (i) it is authenticated as of a day during the period after the fifteenth day of the month preceding an Interest Payment Date 

(the “Record Date”) to that Interest Payment Date, both dates inclusive, in which event it will bear interest from such Interest 

Payment Date, or (iii) unless it is authenticated on or before January 15, 2012, in which event it will bear interest from the date of 

delivery, provided, that if, at the time of authentication of any Bond, interest is in default thereon, such Bond will bear interest 

from the Interest Payment Date to which interest has previously been paid or made available for payment. 

At least one business day prior to the date any payment is due in respect of the Bonds, the District will cause the Solano County 

Auditor-Controller/Treasurer-Tax Collector (the “Treasurer”) to transfer to the Paying Agent an amount sufficient to pay the 

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principal of and the interest (and premium, if any) to become due on such payment date for deposit into an account that the 

Paying Agent will maintain for the payment of debt service on the District’s general obligation bonds (the “Debt Service Fund”) 

As long as DTC or its nominee is the registered owner of all the Bonds, principal and interest payments on the Bonds will be paid 

in lawful money of the United States of America by the Paying Agent to DTC, and disbursement of such payments to the DTC 

Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the 

responsibility of the DTC Participants, as more fully described below under “THE BONDS—DTC Book-Entry Only.” 

In the event that the book-entry system is no longer used with respect to the Bonds, the principal of the Bonds will be payable to 

the Owner thereof upon surrender thereof in lawful money of the United States of America at the Paying Agent’s Office. Interest 

on the Bonds will be payable by check mailed by first class mail and upon the written request of any Owner of $1,000,000 or 

more in aggregate principal amount of Bonds who has provided the Paying Agent with wire transfer instructions on or before the 

applicable Record Date, by wire transfer on each Interest Payment Date to the Owner thereof as of the close of business on the 

Record Date. 

Redemption Provisions 

Optional Redemption. The Bonds maturing on or before August 1, 2020, are not subject to redemption prior to their respective 

stated maturity dates. The Bonds maturing on and after August 1, 2021, are subject to redemption prior to their respective stated 

maturity dates, at the option of the District, from any source of available funds, as a whole or in part on any date on or after 

August 1, 2020, at a redemption price equal to 100% of the principal amount thereof to be redeemed (without premium), together 

with accrued interest to the date fixed for redemption. 

Selection of Bonds for Redemption. If less than all the Bonds within a maturity are to be redeemed, not more than 60 days prior to 

the redemption date the Paying Agent will select the particular Bonds to be redeemed from the Bonds that have not previously 

been called for redemption, in minimum amounts of $5,000, at the direction of the District, and if no such direction has been 

provided, by lot in any manner that the Paying Agent in its sole discretion shall deem appropriate and fair. The Paying Agent will 

promptly notify the District in writing of the Bonds so selected for redemption and, in the case of a Bond selected for partial 

redemption, the principal amount thereof to be redeemed. 

Notice of Redemption. Notice of any redemption of the Bonds will be mailed postage prepaid, not less than 30 nor more than 60 

days prior to the redemption date by first class mail to the respective Owners thereof at the addresses appearing on the bond 

registration books. Each notice of redemption will contain: 

• the date of such notice, 

• the name of the Bonds, 

• the date of issue of the Bonds, 

• the redemption date, 

• the redemption price, 

• the place or places of redemption (including the name and appropriate address or addresses of the Paying Agent), 

• the CUSIP number (if any) of each maturity of the Bonds to be redeemed, 

• if less than all of the Bonds of any maturity are to be redeemed, the distinctive certificate numbers of the Bonds of each 

maturity to be redeemed, and 

• in the case of Bonds to be redeemed in part only, the respective portions of the principal amount of the Bonds of each 

maturity to be redeemed. 

Each such notice will also (a) state that on the redemption date, there will become due and payable on each of the Bonds to be 

refunded the redemption price thereof or of said specified portion of the principal amount in the case of a Bond to be redeemed in 

part only, together with interest accrued thereon to the date fixed for redemption, (b) state that from and after such redemption 

date interest thereon shall cease to accrue, and (c) require that such Bonds be then surrendered at the address or addresses of the 

Paying Agent specified in the redemption notice. 

Effect of Redemption. Neither the District nor the Paying Agent will have any responsibility for any defect in the CUSIP number 

that appears on any Bond or in any redemption notice with respect thereto, and any such redemption notice may contain a 

statement to the effect that CUSIP numbers have been assigned by an independent service for convenience of reference and that 

neither the District nor the Paying Agent will be liable for any inaccuracy in such numbers. 

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Failure by the Paying Agent to give notice to the information services providing information with respect to called bonds or DTC, 

or failure of any Owner to receive notice or any defect in any such notice shall not affect the sufficiency of the proceedings for 

redemption. Failure by the Paying Agent to mail notice to any one or more of the respective Owners of any Bonds designated for 

redemption shall not affect the sufficiency of the proceedings for redemption with respect to the Owner or Owners to whom such 

notice was mailed. 

When notice of redemption has been given substantially as provided for herein, and when the redemption price of the Bonds 

called for redemption is on deposit with the Paying Agent, the Bonds designated for redemption will become due and payable on 

the specified redemption date and interest will cease to accrue thereon as of the redemption date, and upon presentation and 

surrender of such Bonds at the place specified in the notice of redemption, such Bonds will be redeemed and paid at the 

redemption price thereof out of the money provided therefore. 

Right to Rescind Notice. The District may rescind any optional redemption and notice thereof for any reason on any date prior to 

the date fixed for redemption by causing written notice of the rescission to be given to the owners of the Bonds so called for 

redemption. Any optional redemption and notice thereof will be rescinded if for any reason on the date fixed for redemption 

monies are not available in a redemption fund established with the Paying Agent, or otherwise held in trust for such purpose in an 

amount sufficient to pay in full on said date the principal of, interest, and any premium due on the Bonds called for redemption. 

Notice of rescission of redemption will be given in the same manner in which notice of redemption was originally given. The 

actual receipt by the owner of any Bond of notice of such rescission will not be a condition precedent to rescission, and failure to 

receive such notice or any defect in such notice shall not affect the validity of the rescission. 

DTC Book-Entry Only 

The following information concerning DTC and DTC ‘s book-entry-only system has been provided by DTC for use in securities 

disclosure documents. The District takes no responsibility for the accuracy or completeness thereof. There can be no assurance 

that DTC will abide by its procedures or that such procedures will not be changedfrom time to time. 

The following description includes the procedures and record-keeping with respect to beneficial ownership interests in the Bonds, 

payment of principal and interest, other payments with respect to the Bonds to Direct Participants or Beneficial Owners, 

confirmation and transfer of beneficial ownership interests in such Bonds, notices to Beneficial Owners and other related 

transactions by and between DTC, the participants, and the Beneficial Owners. However, DTC, the participants, and the 

Beneficial Owners should not rely on the following information with respect to such matters, but should instead confirm the same 

with DTC or the Direct Participants, as the case may be. 

DTC, New York, NY, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities 

registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized 

representative of DTC. One fully-registered Bond certificate will be issued for the Bonds, in the aggregate principal amount of 

such issue, and will be deposited with DTC. 

DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a 

“banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing 

corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the 

provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million 

issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 

countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among 

Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry 

transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities 

certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing 

corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation 

(“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing 

Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the 

DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and 

clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly 

(“Indirect Participants”). DTC has a Standard & Poor’s rating of AA÷. The DTC Rules applicable to its Participants are on file 

with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. 

Purchases of the Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the 

Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be 

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ecorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of 

their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as 

well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered 

into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct 

and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their 

ownership interests in the Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. 

To facilitate subsequent transfers, all the Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s 

partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit 

of the Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in 

beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the 

identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. 

The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. 

Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, 

and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject 

to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of the Bonds may wish to 

take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as 

redemptions, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of the Bonds 

may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial 

Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that 

copies of notices be provided directly to them. 

Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC’s practice is to 

determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. 

Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Bonds unless authorized by a 

Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the 

District as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those 

Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus 

Proxy). 

Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co., or such other nominee as 

may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s 

receipt of funds and corresponding detail information from the District or Paying Agent, on payable date in accordance with their 

respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing 

instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered 

in “street name,” and will be the responsibility of such Participant and not of DTC, Paying Agent, or the District, subject to any 

statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and 

dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the 

responsibility of the Distrait or Paying Agent, disbursement of such payments to Direct Participants will be the responsibility of 

DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. 

DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the 

District or Paying Agent. Under such circumstances, in the event that a successor depository is not obtained, Bond certificates are 

required to be printed and delivered. 

The District may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities 

depository). In that event, Bond certificates will be printed and delivered to DTC. 

Registration. Transfer and Exchange 

If the book-entry system as described above is no longer used with respect to the Bonds, the following provisions in the Paying 

Agent Agreement will govern the registration, transfer, and exchange of the Bonds. 

The Paying Agent shall keep or cause to be kept sufficient books for the registration and transfer of the Bonds, which shall at all 

times be open to inspection by the District upon reasonable notice. 

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Any Bond may, in accordance with its terms, be transferred upon the books required to be kept pursuant to the provisions of the 

Paying Agent Agreement by the person in whose name it is registered, in person or by the duly authorized attorney of such 

person, upon surrender of such Bond to the Paying Agent for cancellation, accompanied by delivery of a duly executed written 

instrument of transfer in a form approved by the Paying Agent. 

Whenever any Bond or Bonds shall be surrendered for transfer, the designated District officials shall and the Paying Agent shall 

authenticate and deliver a new Bond or Bonds of the same maturity, for a like aggregate principal amount and bearing the same 

rate of interest. The Paying Agent shall require the payment by the Owner requesting any such transfer of any tax or other 

governmental charge required to be paid with respect to such transfer. 

Bonds may be exchanged at the office of the Paying Agent designated, for a like aggregate principal amount of Bonds of other 

authorized denominations of the same maturity and interest rate. The Paying Agent shall require the payment by the Owner 

requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. 

No transfer or exchange of Bonds shall be required to be made by the Paying Agent during the period from the close of business 

on the Record Date next preceding any Interest Payment. 

Defeasance 

If at any time the District pays or causes to be paid or there shall otherwise be paid to the Owners of any or all outstanding Bonds 

all of the principal of, and premium and interest on the Bonds at the times and in the manner provided herein and in the Bonds, or 

as provided in the following paragraph, or as otherwise provided by law consistent herewith, then such Owners will cease to be 

entitled to the obligation to levy taxes for payment of the Bonds, and such obligation and all agreements and covenants of the 

District to such Owners hereunder and under the Bonds will thereupon be satisfied and discharged and shall terminate, except 

only that the District shall remain liable for payment of all principal of and interest on the Bonds, but only out of monies on 

deposit in the Debt Service Fund or otherwise held in trust for such payment. 

The District may pay and discharge any or all of the Bonds by depositing in trust with the Paying Agent or an escrow agent at or 

before maturity, money or non-callable direct obligations of the United States of America or other non-callable obligations the 

payment of the principal of and interest on which is guaranteed by a pledge of the full faith and credit of the United States of 

America, in an amount that will, together with the interest to accrue thereon and available monies then on deposit in the Debt 

Service Fund of the District, be fully sufficient in the opinion of a certified public accountant licensed to practice in the State to 

pay and discharge the indebtedness on such Bonds (including all principal and interest) at or before their respective maturity 

dates. 

Unclaimed Moneys 

Any money held in any fund created pursuant to the Paying Agent Agreement, or held by the Paying Agent in trust, for the 

payment of the principal of or interest on the Bonds and remaining unclaimed for two years after the principal of all of the Bonds 

has become due and payable upon maturity will be transferred to a tax collection fund of the District held by the Treasurer (the 

“Tax Collection Fund”) for payment of any outstanding general obligation bonds of the District payable from said fund, without 

liability for interest. The Treasurer will invest the Tax Collection Fund on behalf of the District pursuant to law and the 

investment policy of the County. See “SOLANO COUNTY INVESTMENT POOL” and “APPENDIX D—SOLANO COUNTY 

INVESTMENT POLICY” herein. Or, if no such bonds of the District are at such time outstanding, said monies shall be 

transferred to the general fund of the District as provided and permitted by law. 

Application and Investment of Bond Proceeds 

PLAN OF REFUNDING 

A portion of the proceeds from the sale of the Bonds will be irrevocably deposited into an escrow fund (the “Escrow Fund”) to be 

created and maintained by the U.S. Bank National Association (the “Escrow Agent”) under that certain escrow agreement by and 

between the District and the Escrow Agent dated as of November 1, 2011 (the “ Escrow Agreement”) in order to refund the 

Refunded 2002 Bonds. A portion of such deposit will be invested in non-callable direct obligations of the United States Treasury 

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or other non-callable obligations the payment of the principal of and interest on which is guaranteed by a pledge of the full faith 

and credit of the United States of America, and the remaining amount will be held in cash, uninvested. 

AMTEC, acting as verification agent, will certify in writing that moneys irrevocably deposited and invested in the Escrow Fund, 

together with earnings thereon, will be sufficient to redeem the Refunded 2002 Bonds on August 1,2012 at price of 101% of par, 

and to pay interest on the Refunded 2002 Bonds through August 1, 2012. Upon such irrevocable deposit, the Refunded 2002 

Bonds will be deemed paid and no longer outstanding. - 

A portion of the proceeds of the Bonds will be retained by the Paying Agent in a costs of issuance account and used to pay costs 

associated with the issuance of the Bonds (the “Costs of Issuance Account”). The Paying Agent will pay amounts held in the 

Costs of Issuance Fund upon written orders of the District. Six months after the closiiig date of the Bonds, or upon prior written 

order of the District, the Paying Agent will transfer any remaining amounts in the Costs of Issuance Fund for deposit into the Debt 

Service Fund of the District. 

Sources and Uses of Funds 

Set forth in the following table are the sources and expected uses of proceeds of the sale of the Bonds. 

SOURCES OF FUNDS 

Sources and Uses of Funds Schedule 



Par Amount of Bonds $ ,,000.00 

Original Issue Premium I (Discount) 

TOTAL SOURCES OF FUNDS 

USES OF FUNDS 

Escrow Fund 

Cost of Issuance Account’ 

Underwriter’s Discount 

TOTAL USES OF FUNDS 

The Costs of Issuance Account will be used to pay costs of issuance including fees and expenses of Bond Counsel, the financial 

advisor, the rating agency, and all other expenses related to the issuance of the Bonds. 

* 


[The remainder of this page intentionally left blankj 

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135

Debt Service Schedule 

Scheduled semi-annual debt service payments on the Bonds (without regard to optional redemption prior to maturity) are shown 

in the following table. 

Debt Service Schedule 



Principal Semi-Annual Annual 

Date Amount Interest Debt Service Debt Service 

February 1,2012 

August 1,2012 


August 1,2013 


August 1,2014 


August 1,2015 


August 1,2016 


August 1,2017 


August 1,2018 


August 1,2019 

February 1, 2020 

August 1 , 2020 


August 1,2021 


August 1, 2022 

February 1, 2023 

August 1 , 2023 

February 1 , 2024 

August 1 , 2024 

February 1 , 2025 

August 1 , 2025 

Total 


,000 

,000 

,000 

,000 

,000 

,000 

,000 

,000 

,000 

,000 

,000 

,000 

,000 

,000 

$—,———,000 

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136

Combined Debt Service 

The District has previously issued its Series 2002 Bonds and Series 2004 Bonds. Upon issuance of the Bonds and the concurrent 

defeasance of the Refunded 2002 Bonds, annual debt service obligations for all outstanding general obligation bonds of the 

District (without regard to optional redemption prior to maturity) will be as follows: 

* 

Excludes the Refunded 2002 Bonds. 

General 

Total Outstanding General Obligation Bond Debt Service 


Debt Service Debt Service 

Bond Year On Bonds To Remain On 2011 GO Total 

Ending August 1 Outstanding* Refunding Bonds Debt Service 

2012 $ 5,084,862.50 [to come] 

2013 3,813,412.50 

2014 3,956,912.50 

2015 4,088,712.50 

2016 4,237,962.50 

2017 4,371,612.50 

2018 4,513,450.00 

2019 4,652,425.00 

2020 4,788,012.50 

2021 4,929,687.50 

2022 5,061,400.00 

2023 5,197,887.50 

2024 5,333,100.00 

2025 5,461,100.00 

2026 5,587,850.00 

2027 5,714,575.00 

2028 8,735,400.00 

$85,528,362.50 

SECURITY AND SOURCE OF PAYMENT 

In order to provide sufficient funds for repayment of principal and interest when due on the Bonds, the Board of Supervisors of 

Solano County and the Board of Supervisors of Napa County are empowered and obligated to levy ad valorem taxes upon all 

property subject to taxation by the District, without limitation as to rate or amount (except as to certain personal property which is 

taxable at limited rates). Such taxes are in addition to other taxes levied upon property within the District, including the 

countywide tax of 1% of taxable value. When collected, the tax revenues are deposited in the District’s Tax Collection Fund 

required to be maintained by the County and to be used solely for debt service on general obligation bonds of the District. 

Property Taxation System 

Property tax revenues result from the application of the appropriate tax rate to the total net assessed value of taxable property in 

the District. School districts levy property taxes for payment of voter-approved bonds and receive property taxes for general 

operating purposes as well. 

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Local property taxation is the responsibility of various county officers. For each school district located in a county, the county 

assessor computes the value of locally assessed taxable property. Based on the net assessed value of property and the scheduled 

debt service on outstanding bonds in each year, the county treasurer/tax collector computes the rate of tax necessary to pay such 

debt service, and presents the tax rolls (including rates of tax for all taxing jurisdictions in the county) to the county board of 

supervisors for approval. The county treasurer/tax collector prepares and mails tax bills to taxpayers and collects the taxes. In 

addition, the county treasurer/tax collector, as ex officio treasurer of each school district located in the county, holds and invests 

school district funds, including taxes collected for payment of school bonds, and is charged with payment of principal and interest 

on such bonds when due. Taxes on property in a school district whose boundaries extend into more than one county are 

administered separately by the county in which the property is located (the District is located in both Solano County and Napa 

County). The State Board of Equalization also assesses certain special classes of property, as described later in this sectiom 

All property (real, personal and intangible) is taxable unless an exemption is granted by the California State Constitution or 

United States law. Under the State Constitution, exempt classes of property include household and personal effects, intangible 

personal property (such as bank accounts, stocks and bonds), business inventories, and property used for religious, hospital, 

scientific and charitable purposes. The State Legislature may create additional exemptions for personal property, but not for real 

property. 

Assessed Valuation of Property Within the District 

Under Proposition 13, an amendment to the California Constitution adopted in 1978, the county assessor’s valuation of real 

property is established as shown on the fiscal year 1975-76 tax bill, or, thereafter, as the appraised value of real property when 

purchased, newly constructed, or a change in ownership has occurred. Although most taxable property is assessed by the assessor 

of the county in which the property is located, some special classes of property are assessed by the State Board of Equalization, as 

described below under the heading “State-Assessed Property.” Assessed value of property may be increased annually to reflect 

inflation at a rate not to exceed 2% per year, or reduced to reflect a reduction in the consumer price index or comparable data for 

the area under taxing jurisdiction or in the event of declining property value caused by substantial damage, destruction, market 

forces or other factors. As a result of these rules, real property that has been owned by the same taxpayer for many years can have 

an assessed value that is much lower than the market value of the property and of similar properties more recently sold. Likewise, 

changes in ownership of property and reassessment of such property to market value commonly lead to increases in aggregate 

assessed value even when the rate of inflation or consumer price index would not permit the full 2% increase on any property that 

has not changed ownership. See “CONSTITUTIONAL & STATUTORY PROVISIONS AFFECTING DISTRICT REVENUES 

& EXPENDITURES.” 

Appeals of Assessed Valuation. State law affords an appeal procedure to taxpayers who disagree with the assessed value of their 

taxable property. Taxpayers may request a reduction in assessment directly from the county assessor, who may grant or refuse 

the request, and may appeal an assessment directly to the county board of equalization, which rules on appealed assessments 

whether or not settled by the county assessor. The county assessor is also authorized to reduce the assessed value of any taxable 

property upon a determination that the market value has declined below the then-current assessment, whether or not appealed by 

the taxpayer. 

The District can make no predictions as to the changes in assessed values that might result from pending or future appeals by 

taxpayers. Any reduction in aggregate District assessed valuation due to appeals, as with any reduction in assessed valuation due 

to other causes, will cause the tax rate levied to repay the Bonds to increase accordingly, so that the fixed debt service on the 

Bonds (and other outstanding bonds) may be paid. Any refund of paid taxes triggered by a successful assessment appeal will be 

debited by the respective county treasurer/tax collector against all taxing agencies who received tax revenues, including the 


State-Assessed Property. Under the Constitution, the State Board of Equalization assesses property of State-regulated 

transportation and communications utilities, including railways, telephone and telegraph companies, and companies transmitting 

or selling gas or electricity. The Board of Equalization also is required to assess pipelines, flumes, canals and aqueducts lying 

within two or more counties. The value of property assessed by the Board of Equalization is allocated by a formula to local 

jurisdictions in the county, including school districts. Taxation by the local county tax officials is in the same manner as for 

locally assessed property. Taxes on privately owned railway cars, however, are levied and collected directly by the Board of 

Equalization. Property used in the generation of electricity by a company that does not also transmit or sell that electricity is 

taxed locally instead of by the Board of Equalization. Thus, the reorganization of regulated utilities and the transfer of electricity 

generating property to non-utility companies, as often occurred under electric power deregulation in California, affects how those 

assets are assessed, and which local agencies benefit from the property taxes derived. In general, the transfer of State-assessed 

property located in the District to non-utility companies will increase the assessed value of property in the District, since the 

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property’s value will no longer be divided among taxing jurisdictions in the County. The transfer of property located and taxed in 

the District to a State-assessed utility will have the opposite effect: generally reducing the assessed value in the District, as the 

value is shared among the other jurisdictions in the County. The District is unable to predict future transfers of State-assessed 

property in the District and the County, the impact of such transfers on its utility property tax revenues, or whether future 

legislation or litigation may affect ownership of utility assets, the State’s methods of assessing utility property, or the method by 

which tax revenues of utility property is allocated to local taxing agencies, including the District. 

Locally taxed property is classified either as “secured” or “unsecured,” and is listed accordingly on separate parts of the 

assessment roll. The “secured roll” is that part of the assessment roll containing State-assessed property and property (real or 

personal) for which there is a lien on real property sufficient, in the opinion of the county assessor, to secure payment of the taxes. 

All other property is “unsecured,” and is assessed on the “unsecured roll.” Property assessed by the State Board of Equalization is 

commonly identified for taxation purposes as “utility” property. 

Shown in the following table is the assessed valuation in the District in recent years. 

2001 - 

2002 - 

2003 - 

2004 - 

2005 - 

2006 - 

2007 - 

2008 - 

2009 - 

2010 - 

2011 - 

Historical Local Secured, Utility and Unsecured Assessed Valuation 


Fiscal Local Secured Utility Unsecured Total Annual 

Year Assessed Value Assessed Value Assessed Value Assessed Value Change 

02 

03 

04 

05 

06 

07 

08 

09 

10 

11 

12 

$7,085,769,060 $31,212,586 $340,600,456 $7,457,610,102 -- 

7,763,531,987 46,387,313 377,814,864 8,187,761,864 9.8% 

8,788,299,111 40,474,114 397,261,278 9,226,061,801 12.7% 

9,610,651,754 28,138,793 405,689,334 10,044,513,801 8.9% 

10,972,984,571 26,402,676 443,637,216 11,443,058,028 13.9% 

12,315,477,113 18,289,571 438,450,223 12,772,243,464 11.6% 

13,599,184,764 19,884,851 433,042,279 14,052,139,068 10.0% 

13,235,454,743 19,040,387 462,056,775 13,716,572,905 -2.4% 

11,544,185,713 20,905,627 519,288,371 12,084,400,711 -11.9% 

11,180,786,360 

[tocomej 

16,967,749 527,986,703 11,725,761,812 -3.0% 

Source: Solano County, Office of the Assessor and Napa County, Office of the Assessor. 

[The remainder of this page intentionally left blanki 

-12- 

139

Set forth in the following table is the historical assessed valuation by county for the District. 

2001 - 

2002 - 

2003 - 

2004 - 

2005 - 

2006 - 

2007 - 

2008 - 

2009 - 

2010 - 

2011 - 

Historical Total Assessed Valuation by County 


Fiscal Solano County Percent Napa County Percent Total 

Year Assessed Value of Total Assessed Value of Total Assessed Value 

02 

03 

04 

05 

06 

07 

08 

09 

10 

11 

12 

$7,405,994,289 99.3% - $51,615,813 0.7% $7,457,610,102 

8,131,923,178 99.3% 55,838,686 0.7% 8,187,761,864 

9,164,775,744 99.3% 61,286,057 0.7% 9,226,061,801 

9,978,532,515 99.3% 65,981,286 0.7% 10,044,513,801 

11,370,754,677 99.4% 72,303,351 0.6% 11,443,058,028 

12,694,053,366 99.4% 78,190,098 0.6% 12,772,243,464 

13,967,836,342 99.4% 84,302,726 0.6% 14,052,139,068 

13,622,886,377 99.3% 93,686,528 0.7% 13,716,572,905 

11,989,510,491 99.2% 94,890,220 0.8% 12,084,400,711 

11,630,449,847 99.2% 95,311,965 0.8% 11,725,761,812 

[tocomej 95,806,211 

Source: Solano County, Office of the Assessor and Napa County, Office of the Assessor. 

Shown in the following table is a distribution of taxable real property located in the District by principal purpose for which the 

land is used along with the assessed valuation and number of parcels for each use for fiscal year 2011-12. 

Assessed Valuation and Parcels by Land Use 


[to comel 

‘Local secured assessed valuation; excluding tax-exempt property. 

Source: California Municipal Statistics, Inc. 

- 13 - 

140

Largest Taxpayers in District 

The 20 largest taxpayers in the District own property that comprises __% of the total assessed valuation of secured property in 

the District. These taxpayers, ranked by aggregate assessed value of taxable property as shown on the 2011-12 secured tax roll, 

and the amount of each owner’s assessed valuation for all taxing jurisdictions within the District, are shown below. 

The more property (by assessed value) owned by a single taxpayer, the more tax collections are exposed to weakness in the 

taxpayer’s financial situation and ability or willingness to pay property taxes. In 2011-12, no single taxpayer owned more than 

0.8% of the total taxable property in the District. Each taxpayer listed is a unique name on the tax rolls. The District cannot 

determine from assessment records whether individual persons, corporations or other organizations are liable for tax payments 

with respect to multiple properties held in various names that in aggregate may be larger than is suggested by the table. 

1 [to come) 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

Largest Taxpayers in Fiscal Year 2011-12 


2011-12 %of 

Property Owner Primary Land Use Assessed Valuation 

201112 Local secured assessed valuation: $____________ 


Tax Rate 

The State Constitution permits the levy of an ad valorem tax on taxable property not to exceed 1% of the full cash value of the 

property, and State law requires the full 1% tax to be levied. The levy of special ad valorem property taxes in excess of the 1% 

levy is permitted as necessary to provide for debt service payments on school bonds and other voter-approved indebtedness. 

The rate of tax necessary to pay fixed debt service on the Bonds in a given year depends in large part on the net assessed value of 

taxable property in that year. (Unsecured property is taxed at the secured property tax rate from the prior year.) Economic and 

other factors beyond the District’s control, such as a general market decline in land values, reclassification of property to a class 

-14- 

141

exempt from taxation, whether by ownership or use (such as exemptions for property owned by State and local agencies and 

property used for qualified educational, hospital, charitable or religious purposes), or the complete or partial destruction of taxable 

property caused by natural or manmade disaster, such as earthquake, flood, fire, toxic dumping, etc., could cause a reduction in 

the net assessed value of taxable property within the District and necessitate a corresponding increase in the annual tax rate to be 

levied to pay the principal of and interest on the Bonds. Issuance of additional authorized bonds in the future might also cause the 

tax rate to increase. 

One factor in the ability of taxpayers to pay additional taxes for general obligation bonds is the cumulative rate of tax. The 

following table shows ad valorem property tax rates for the last several years in a typical tax rate area of the District (TRA 

comprises approximately __% of the total assessed value of taxable property in the District. 

Summary of Ad Valorem Tax Rates 

TRA 


(Dollars Per $100 of Assessed Valuation) 

2006-07 2007-08 2008-09 2009-10 2010-11 

General 1 .000000 1 .000000 1.000000 1 .000000 1.000000 

Ito come] 

Total 


Alternative Method of Tax Apportionment 

For counties that have approved its implementation, the Alternative Method of Distribution of Tax Levies and Collections and of 

Tax Sale Proceeds (the “Teeter Plan”) authorized by sections 4701 through 4717 of the California Revenue & Taxation Code. The 

Teeter Plan guarantees distribution of all ad valorem taxes levied to the taxing entities within a county, with the county retaining 

all penalties and interest affixed upon delinquent properties and redemptions of subsequent collections. The purpose of utilizing 

the Teeter Plan is to simplify the tax-levying and tax-apportioning process and to provide increased flexibility to counties in the 

use of available cash resources. 

The county cash position is protected by a special fund, known as the “Tax Loss Reserve Fund,” which accumulates moneys from 

interest and penalty collections. Amounts required to be maintained in the tax loss reserve fund may be drawn on to the extent of 

the amount of uncollected taxes credited to each agency in advance of receipt. The State’s Revenue & Taxation Code provides 

that, whenever in any year the amount of the Tax Loss Reserve Fund has reached an amount equivalent to 1% of the total of all 

taxes and assessments levied on the secured roll for that year for participating entities in the county, the amounts hereinafter 

authorized to be credited to the Tax Loss Reserve Fund may, for the remainder of that year, be credited to the county general 

fund. 

The Teeter Plan is to remain in effect unless the county board of supervisors orders its discontinuance or unless, prior to the 

commencement of any fiscal year of the county (which commences on July 1), the board of supervisors receives a petition for its 

discontinuance from two-thirds of the participating revenue districts in the county. The board of supervisors may also, after 

holding a public hearing on the matter, discontinue the procedures with respect to any tax levying agency or assessment levying 

agency in the county if the rate of secured tax delinquency in that agency in any year exceeds 3% of the total of all taxes and 

assessments levied on the secured rolls in that agency. 

The Board of Supervisors of Solano County and the Board of Supervisors of Napa County have both approved implementation of 

the Teeter Plan. 

- 15 

142 

-

Tax Collections and Delinquencies 

A school district’s share of the 1% countywide tax is based on the actual allocation of property tax revenues to each taxing 

jurisdiction in the county in fiscal year 1978-79, as adjusted according to a complex web of statutory modifications enacted since 

that time. Revenues derived from special ad valorem taxes for voter-approved indebtedness, including the Bonds, are reserved to 

the taxing jurisdiction that approved and issued the debt, and may only be used to repay that debt. 

The treasurer-tax collector of a county prepares the property tax bills. Property taxes on the regular secured assessment roll are 

due in two equal installments: the first installment is due on November 1 and on February 1. In the County, if the first installment 

is not paid by 5:00 p.m. December 10, a 10% penalty attaches. If the second installment is not paid by 5:00 p.m. April 10, a 10% 

penalty and a $10 cost attach. If taxes remain unpaid by June 30, the tax is deemed to be in default. The property owner has the 

right to redeem the property by paying the taxes, accrued penalties. and costs within five years of the date the property went into 

default. If the property is not redeemed within five years, it is subject to sale at a public auction by the treasurer-tax collector. 

Annual bills for property taxes on the unsecured roll are generally issued in July. are due in a single payment within 30 days, and 

become delinquent after August 31. In the County, if taxes are not paid by the delinquency date, as stated on the bill, lien(s) is/are 

recorded against the assessed owner of the property, which can and will adversely affect assessee’s credit. 

To collect unpaid taxes, a county treasurer-tax collector may obtain a judgment lien upon and cause the sale of all property owned 

by the taxpayer in the county, and may seize and sell personal property, improvements and possessory interests of the taxpayer. 

The treasurer-tax collector may also bring a civil suit against the taxpayer for payment. 

The following table shows a recent history of real property tax collections and delinquencies for bond debt service only in the 


Secured Tax Charges and Delinquencies 


Fiscal Secured Tax Amount Delinquent Percent Delinquent 

Charae’ as of June 30 as of June 30 

2000-0 1 [to come] 

2001-02 

2002-03 

2003 -04 

2004-05 

2005-06 

2006-07 

2007-08 

2008-09 

2009- 10 

‘Bond debt service levy only. 


As long as the Teeter Plan remains in effect in both the County and Napa County, the District will be credited with the full 

amount of the tax levy no matter the delinquency rate within the District. 

Direct and Overlapping Bonded Debt 

The statement of direct and overlapping bonded debt relating to the District, which is set forth on the following page, was 

prepc4red by Ca4fornia Municipal Statistics, Inc. It has been included for general information purposes only. The District has 

not reviewed the statementfor completeness or accuracy and makes no representations in connection with the statement. 

Contained within the District’s boundaries are numerous overlapping local entities providing public services. These local entities 

may have outstanding bonds issued in the form of general obligation, lease revenue and special assessment bonds. The first 

column in the table below names the public agencies that have outstanding debt as of the date of the report and whose boundaries 

overlap the District. The second column in the table shows the percentage of each overlapping entity’s assessed value located 

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143

within the boundaries of the District. The third column shows the corresponding portion of each overlapping entity’s existing 

debt allocable to property within the District. The total amount of debt for each overlapping entity is not shown in the table. In 

addition, property owners within the District may be subject to other special taxes and assessments levied by other taxing 

authorities that provide services within the District. Such non-ad valorem special taxes and assessments (which are not levied to 

fund debt service) are not represented in the statement of direct and overlapping bonded debt. 

The table generally includes long-term obligations sold in the public capital markets by the public agencies listed. Such long-term 

obligations generally are not payable from revenues of the District (except as indicated) nor are they necessarily obligations 

secured by land within the District. In many cases, long-term obligations issued by a public agency are payable only from the 

general fund or other revenues of such public agency. 

Statement of Direct and Overlapping Bonded Debt (As of 2011) 


[to come] 

1Excludes refunding general obligation bonds to be sold. 

2Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and tax allocation bonds and non-bonded 

capital lease obligations. 


- 17- 

144

SOLANO COUNTY INVESTMENT POOL 

This section provides a general description of the County’s investment policy, current portfolio holdings, and valuation 

procedures. The information has been obtained from the County for inclusion in this Official Statement. The District makes no 

representation as to the accuracy or completeness of such information. Further information may be obtained by contacting the 

Solano County, Office of the Treasurer/Tax Collector/County Clerk, 675 Texas Street, Suite 1900, Fairfield, CA 94533, 

Telephone (707) 784-6295. 

Most of the District’s funds, including the Tax Collection Fund, are held and invested at the County in the pooled investment fund 

managed by the Treasurer (the “County Investment Pool”). The County Investment Pool consists primarily of operating funds of 

the County and local agencies. State law requires that all moneys of the County, school districts, and certain special districts be 

deposited with the Treasurer. The governing boards of school districts and special districts within the County may allow, by 

appropriate board resolution, certain withdrawals of non-operating funds for investment outside the County Investment Pool. 

Funds held by the County in the County Investment Pool are invested in accordance with the County’s investment policy, as 

authorized by section 53601 of the State Government Code. As of June 30, 2011, Standard & Poor’s rated the County Investment 

Pool “AAAf.” The County’s investment policy is reviewed by the County Board of Supervisors annually. The policy statement 

sets forth the County’s investment objectives, which are, in priority order, safety of principal, liquidity, and return on investment. 

See “APPENDIX D” for a copy of the County’s investment policy. A County Treasury Oversight Committee (which includes, 

among others, a representative of the Yolo County School Superintendent and a representative of the area school districts) 

monitors the performance of the County Investment Pool quarterly. In addition, the Treasurer prepares a monthly investment 

report summarizing the current investment portfolio structure and yields. 

As of August 31, 2011, the total pooled investments book value was $532,985,008 and the market value was $535,266,936, with 

an average yield of 0.806%. The investment portfolio is summarized in the following table. 

Solano County Investment Pool Investment Report 

As of August 31, 2011 

Percent 

Type of Investment Market Value Of Portfolio 

Cash on Hand $8,237,705 1 .5% 

Cash in Bank 2,595,171 0.5 

Cash in Money Markets 46,244,500 8.6 

Local Agency Investment Fund 39,863,925 7.4 

Accrued Interest and Items in Transit 1,883,205 0.4 

Mutual Funds 39,195,972 7.3 

Local Government Securities 10,604,502 2.0 

US Treasuries 56,973,279 10.6 

State of California Securities 39,742,329 7.4 

Federal Agency Securities 222,040,292 41.5 

Commercial Paper 8,500,000 1.6 

Corporate Securities 59.386.056 11.1 

Totals & Averages $535,266,936 100.0% 

Source: Solano County Office of the Treasurer/Tax Collector/County Clerk. 

- 18 - 

145

COUNTY ECONOMIC PROFILE 

The information in this section concerning the County’s economy is provided as supplementary information only, and is not 

intended to be an indication of security for the Bonds. The Bonds are payable from the proceeds of an ad valorem tax, approved 

by the voters of the District pursuant to applicable laws and Constitutional requirements, and required to be levied by the County 

on all taxable property in the District in an amount sufficient for the timely payment ofprincipal and interest on the Bonds. See 

“SECURITY AND SOURCE OF PAYMENT” herein. 

General Information 

The County is one of 58 counties in the State and is located between San Francisco and Sacramento. 

Based on data compiled by DataQuick Information Systems, the median sale price of a single-family home in the County was 

$185,500 in July 2011, a decrease of approximately 11.2% from $209,000 in July 2010. The median sale price of a single-family 

home in the City of Fairfield was $225,000 in July 2011, a decrease of approximately 6.3% from $240,000 in July 2010. 

Population 

The following table displays estimated population data as of January I’ for the past two years for the County and selected cities. 

Source: State Department of Finance 

Unemployment 

Historical Population 

Selected Cities & Solano County 

2010 2011 

Fairfield 104,249 104,815 

Suisun 28,255 28,212 

Solano County 413,268 414,509 

The following table contains a summary of the City of Fairfield’s unemployment data seasonally unadjusted. 

Historical Unemployment 

City of Fairfield 

Annual Annual Annual Annual July 

2007 2008 2009 2010 2011’ 

Total Labor Force 47,800 48,500 49,400 49,600 48,800 

# Employed 45,000 44,800 43,700 43,100 42,300 

# Unemployed 2,800 3,600 5,800 6,500 6,500 

UnemploymentRate 5.8% 7.5% 11.6% 13.1% 13.3% 

‘Preliminary. 

Source: State Employment Development Department. 

The following table contains a summary of the County’s unemployment data seasonally unadjusted. 

-19- 

146

Historical Unemployment 

Solano County 

Annual Annual Annual Annual July 

2007 2008 2009 2010 2011’ 

Total Labor Force 208,600 21 1,200 214,500 215,000 211,600 

#Employed 197,600 196,800 191,700 189,100 185,800 

# Unemployed 11,000 14,400 22,800 25,900 25,800 

Unemployment Rate 5.3% 6.8% 10.6% 12.0% 12.2% 

‘Preliminary. 

Source: State Employment Development Department. 

Major Employers 

The following table provides a listing of 25 major employers in the County, listed alphabetically. 

Major Employers 

Solano County 

Employer Name Location Industry 

Anheuser-Busch Co Fairfield Brewers (Mfrs) 

California Medical Facility Vacaville Government Offices-State 

Flatiron Construction Corp Benicia Construction Management 

Genentech Inc V acav ille Pharmaceutical Products-Wholesale 

Guittard Chocolate Co Fairfield Chocolate & Cocoa (WhIs) 

Hines Nurseries Inc Fairfield Nurseries-Plants Trees & Etc-Wholesale 

Jelly Belly Candy Co Fairfield Candy & Confectionery-Manufacturers 

Kaiser Foundation Hospital Vallejo Hospitals 

Kragen Auto Parts Dixon Automobile Parts & Supplies-Retail-New 

Macy’s Fairfield Department Stores 

North Bay Vaca Valley Hospital Vacaville Hospitals 

Northbay Healthcare Fairfield Hospitals 

Simpson Dura-Vent Co Inc Vacaville Building Materials-Wholesale 

Six Flags Discovery Kingdom Vallejo Amusement & Theme Parks 

Solano County Health & Social Fairfield County Government-Public Health Programs 

Solano County Sheriffs Office Fairfield Sheriff 

Solano County Superintendent Fairfield Schools 

Sutter Solano Medical Ctr Vallejo Hospitals 

Touro University-California Vallejo Schools-Universities & Colleges Academic 

Usda Forest Svc Vallejo Government-Forestry Services 

Vacaville City Hall Vacaville City Hall 

Valero Benicia Refinery Benicia Oil Refiners (Mfrs) 

Walmart Supercenter Dixon Department Stores 

Westrust-Nut Tree Vacaville Real Estate Developers 

Yolano Engineers Inc Vallejo Surveyors-Land 

Source: State Employment Development Department, America’s Labor Market Information System Employer Database, 2011 

Edition. 

- 20 - 

147

Taxable Sales 

Total taxable sales reported during calendar year 2009 in the City of Fairfield were approximately $1,228,082,000, a 15.3% 

decrease from the total taxable sales of approximately $1,450,763,000 reported during calendar year 2008. Annual data for 2010 

are not yet available. The number of establishments selling merchandise subject to sales tax and the valuation of taxable 

transactions in the City of Fairfield is presented in the following table, rounded to the nearest thousand. 

Taxable Retail Sales 

City of Fairfield 

2005 2006 2007 2008 2009 

Sales Tax Permits 2,053 2,071 2,056 2,066 1,903 

Taxable Sales (000’s) $1,628,335 $1,637,401 $1,609,035 $1,450,763 $1,228,082 

Source: State Board of Equalization 

Total taxable sales reported during the calendar year 2009 in the County were approximately $5,319,472,000, an 11.8% decrease 

from the total taxable sales of approximately $6,032,523,000 reported during calendar year 2008. Annual data for 2010 are not 

yet available. The number of establishments selling merchandise subject to sales tax and the valuation of taxable transactions in 

the County is presented in the following table, rounded to the nearest thousand. 

Taxable Retail Sales 

Solano County 

2005 2006 2007 2008 2009 

Sales Tax Permits 8,591 8,568 8,531 8,499 7,655 

Taxable Sales (000’s) $6,037,305 $6,453,137 $6,277,832 $6,032,523 $5,319,472 

Source: State Board of Equalization 

THE DISTRICT 

The information in this section concerning the operations of the District and its finances are provided as supplementary 

information only, and it should not be inferredfrom the inclusion of this information in this Official Statement that the principal 

of or interest on the Bonds is payable from the General Fund of the District. The Bonds are payable from the proceeds of an ad 

valorem tax, approved by the voters of the District pursuant to applicable laws and Constitutional requirements, and required to 

be levied by the County and Napa County on all taxable property in the District in an amount sufficientfor the timely payment of 

principal and interest on the Bonds. See “SECURITY AND SOURCE OF PAYMENT” herein. 

General Information 

The District is a political subdivision of the State and provides educational services primarily to residents of the City of Fairfield, 

City of Suisun, certain adjacent unincorporated portions of the County, and a small portion of Napa County. The District is 

located approximately 50 miles northeast of San Francisco and 30 miles west of Sacramento, and encompasses approximately 270 

square miles. 

- 21 - 

148

The Board of Trustees and Key Administrative Personnel 

The Board governs all activities related to public education within the jurisdiction of the District. The Board consists of six 

members. Each Board member is elected by the public for a four-year term of office and elections for the Board are staggered 

every two years. The Board has decision-making authority, the power to designate management, the responsibility to 

significantly influence operations and is accountable for all fiscal matters relating to the District. 

The current members of the Board and positions held are set forth below. 

The Board of Trustees 


Nrn hUe Term Expires 

Patricia Shamansky President December 201 1 

Kathleen Marianno President Elect December 201 1 

David C. Isom Clerk December 201 1 

David Gaut Acting Clerk December 2013 

Perry W. Polk Member December 201 1 

Helen Tilley Member December 201 1 

The Superintendent of the District is appointed by the Board and reports to the Board. The Superintendent is responsible for 

managing the Districts day-to-day operations and supervising the work of other key District administrators. The current members 

of the District’s administration and positions held are set forth on page “iii” of this Official Statement. 

Schools and Enrollment 

The District operates 26 schools, consisting of three high schools, four middle schools, 17 elementary schools, one continuation 

high school, and one community day school, serving in total approximately 21,200 students. 

Student enrollment determines to a large extent what a California public school district receives in funding for program, facilities 

and staff needs. Average daily attendance (“ADA”) is.a measurement of the number of pupils attending classes of the District. 

The purpose of attendance accounting from a fiscal standpoint is to provide the basis on which apportionments of state funds are 

made to school districts. See “STATE FUNDING OF PUBLIC EDUCATION” herein. 

The District has generally experienced declining enrollment over the past several years. Enrollment can fluctuate due to factors 

such as population growth, competition from private, parochial, and public charter schools, inter-district transfers in or out, and 

other causes. Losses in enrollment will cause a school district to lose operating revenues, without necessarily permitting the 

District to make adjustments in fixed operating costs. 

Set forth below is the K-l2 Period 2 (“P-2”) ADA for the District for previous four fiscal years (excluding county supplement 

ADA), and a projection of P-2 ADA for the current fiscal year. 

Average Daily Attendance 


2007-08 2008-09 2009-10 2010-11 201112l 

K-12P-2ADA 21,365 21,128 20,647 20,302 19,830 

Projected. 

- 22 - 

149

Charter Schools 

Charter schools operate as autonomous public schools, under charter from a school district, county office of education, or the 

State Board of Education, with minimal supervision by the local school district. Charter schools receive revenues from the State 

and from the District for each student enrolled, and thus effectively reduce revenues available for students enrolled in District 

schools. However, certain per-pupil expenditures of the District also decrease based upon the number of students enrolled in 

charter schools. The District is required to provide facilities comparable to those provided to regular district students for charter 

schools having a projected average daily attendance of at least 80 or more students from the District. 

There are no charter schools operating within the District. 

Pupil-Teacher Ratios 

Set forth below are the pupil-to-teacher staffing ratios of the District budgeted for fiscal year 2011-12. 

Employee Relations 

Pupil-To-Teacher Ratios 


Fiscal Year 201 1-12 

Pupil-Teacher Ratio 

Elementary: Grades K-3 32:1 

Elementary: Grades 4-5 and 5-6 34:1 

Elementary: Grades K-3 at QEJA schools 20:1 

Elementary: Grades 4-6 at QEIA schools 25:1 

Middle School: Grades 6-8 and 7-8 35:1 

High School: Grades 9-12 35:1 

State law provides that employees of public school districts of the State are to be divided into appropriate bargaining units which 

then are to be represented by an exclusive bargaining agent. 

The District has three recognized bargaining agents for its employees. The Fairfield-Suisun Unified Teachers Association 

(“FSUTA”) is the exclusive bargaining unit for the non-management, certificated personnel (credentialed teaching staff) of the 

District. The District’s three other bargaining units, the California School Employees’ Association (“CSEA”) Local #302, the 

Mutual Organization of Supervisors (“MOS”) and the Ancillary Professions Association (“APA”) represent the remainder of the 

District’s non-management, classified (non-teaching) employees, such as custodial, clerical and instructional aide personnel. 

[The remainder of this page intentionally left blank] 

- 23 - 

150

Set forth in the following table are the District’s bargaining units, number of members and salary and benefits contract status. 

Bargaining Units, Number of Employees, and Contract Status 


Certificated # of Members Status 

FSUTA 980 Settled for fiscal year 201 1 -12 

Classified # of Members Status 

CSEA 681 Settled for fiscal year 201 1-12 

MOS 15 Settled for fiscal year 201 1-12 

APA 22 Settled for fiscal year 201 1-12 

The District also has 91 full-time equivalent management and confidential employees not represented by a bargaining unit for 

fiscal year 2011-12. 

Pension Plans 

All full-time employees of the District are eligible to participate under defined benefit retirement plans maintained by agencies of 

the State. Certificated employees are eligible to participate in the cost-sharing multiple-employer State Teachers’ Retirement 

System (“STRS”). Classified employees are eligible to participate in the agent multiple-employer Public Employees’ Retirement 

Fund of the Public Employees’ Retirement System (“PERS”), which acts as a common investment and administrative agent for 

participating public entities within the State. 

STRS operates under the State Education Code sections commonly known as the State Teachers’ Retirement Law. Membership 

is mandatory for all certificated employees of California public schools meeting the eligibility requirements. STRS provides 

retirement, disability and death benefits based on an employee’s years of service, age and final compensation. Employees vest 

after five years of service and may receive retirement benefits at age fifty-five. 

Active plan members are required to contribute 8.0% of their salary and the District is required to contribute an actuarially 

determined rate (8.25% in 2010-11). The District’s contribution to STRS for fiscal year 2010-11 was $6,183,444, and for fiscal 

year 2011-12 is budgeted to be $6,110,275. 

All full-time classified employees of the District participate in PERS, which provides retirement, disability and death benefits 

based on an employee’s years of service, age and final compensation. Employees vest after five years of service and may receive 

retirement benefits at age fifty. These benefit provisions and all other requirements are established by State statute and District 

resolution. 

Active plan members are required to contribute 7.0% of their salary and the District is required to contribute an actuarially 

determined rate (9.707% in 2010-11). The District’s contribution to PERS for fiscal year 2010-11 was 2,450,390, and for fiscal 

year 2011-12 is budgeted to be $2,513,410. 

The District is unable to predict what the amount of State pension liabilities will be in the future, or the amount of the 

contributions which the District may be required to make. Pension plan, annual contribution requirements and liabilities are more 

fully described in APPENDIX A: “THE FINANCIAL STATEMENTS OF THE DISTRICT AS OF AND FOR THE YEAR 

ENDED JUNE 30, 2010,” Note 7. 

Other Post-Employment Benefits 

In addition to the pension benefits described above, the District provides postemployment health benefits for eligible employees 

who retire from the District after attaining age 55 with at least 15 years of service, in accordance with contracts between the 

District and employee bargaining units, known as “other postemployment benefits” or “OPEB”. Benefits are provided for 

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151

management and confidential retirees for five years after the date of retirement, for classified retirees to age 65 or for 36 months, 

whichever is shorter, and for certificated employees to age 65 or 120 months, whichever is shorter. The District pays 100% of the 

cost of health, dental and vision benefits for management and confidential retirees, and pays half the cost of medical and dental 

benefits for certificated and classified retirees. As of June 30, 2011.520 retirees and beneficiaries were receiving postemployment 

benefits. 

In June 2004. the Governmental Accounting Standards Board (“GASB”) pronounced Statement No.45, Accounting and Financial 

Reporting by Employers for Post Employment Benefits Other Than Pensions. The pronouncement required public agency 

employers providing healthcare benefits to retirees to recognize and account for the costs for providing these benefits on an 

accrual basis and provide footnote disclosure on the progress toward funding the benefits, in order to quantify a government 

agency’s current liability for future benefit payments. GASB 45 is directed at quantifying and disclosing OPEB obligations, and 

does not impose any requirement on public agencies to fund such obligations. The District implemented GASB Statement No. 

45 (“GASB 45”) for the fiscal year ending June 30, 2008. 

The District completed an actuarial study assessing the District’s OPEB liability as of June 30, 2010. Based on the study, the 

District’s actuarial accrued liability (the “AAL”, which can also be considered to be the present value of all benefits earned to date 

assuming that an employee accrues retiree healthcare benefits ratably over his career) was $43.1 million. The AAL is an actuarial 

estimate that depends on a variety of assumptions about future events, such as health care costs and beneficiary mortality. Every 

year, active employees earn additional future benefits, an amount known as the “normal cost,” which is added to the AAL. To the 

extent that the District has not set aside moneys in an OPEB trust with which to pay these accrued and accruing future liabilities, 

there is an unfunded actuarial accrued liability (“UAAL”). As of June 30, 2010, the District had not set aside any moneys in trust 

to fund its future obligations; as a result, the District’s UAAL was the same as its AAL, $43.1 million. 

The annual required contribution (“ARC”) is the amount required if the District were to fund each year’s normal cost plus an 

annual amortization of the unfunded actuarial accrued liability, assuming the UAAL will be fully funded over a 30-year period. If 

the amount budgeted and funded in any year is less than the ARC, the difference reflects the amount by which the UAAL is 

growing. As of June 30, 2010, the ARC was determined to be $4,010,928. The District’s 2011-12 budgeted OPEB expenditures 

is $469,738. See “APPENDIX A: “THE FINANCIAL STATEMENTS OF THE DISTRICT AS OF AND FOR THE YEAR 

ENDED JUNE 30, 2010 — Note 5.” 

DISTRICT FINANCIAL INFORMATION 

The information in this section concerning the operations of the District and its finances are provided as supplementary 

information only, and it should not be inferred from the inclusion of this information in this Official Statement that the principal 

of or interest on the Bonds is payable from the General Fund of the District. The Bonds are payable from the proceeds of an ad 

valorem tax, approved by the voters of the District pursuant to applicable laws and Constitutional requirements, and required to 

be levied by the County and Solano County on all taxable property in the District in an amount sufficient for the timely payment 

ofprincipal and interest on the Bonds. See “SECURITY AND SOURCE OF PAYMENT” herein. 

Accounting Practices 

The District accounts for its financial transactions in accordance with the policies and procedures of the California Department of 

Education’s California School Accounting Manual, as required by the State Education Code. The accounting policies of the 

District conform to accounting principles generally accepted in the United States of America as prescribed by the Governmental 

Accounting Standards Board and the American Institute of Certified Public Accountants. 

The District’s financial statements consist of government-wide statements and fund-based financial statements. Governmentwide 

statements, consisting of a statement of net assets and a statement of activities, report all the assets, liabilities, revenue and 

expenses of the District and are accounted for using the economic resources measurement focus and accrual basis of accounting. 

The fund-based financial statements consist of a series of statements that provide information about the District’s major and non 

major funds. Governmental funds, including the District’s general fund, special revenues funds, capital project funds and debt 

service funds, are accounted for using the modified accrual basis of accounting. Under the modified accrual basis of accounting, 

revenues are recognized in the accounting period in which they become measurable and available, while expenditures are 

recognized in the period in which the liability is incurred, if measurable. Proprietary funds and fiduciary funds are accounted for 

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using the economic resources measurement focus and accrual basis of accounting. See “APPENDIX A: THE FINANCIAL 

STATEMENTS OF THE DISTRICT AS OF AND FOR THE YEAR ENDED JUNE 30, 2010,” Note 1. 

The independent auditor for the District is Perry-Smith LLP, Sacramento, California. Selected information concerning the 

financial statements of the District as of and for the year ended June 30, 2010, are set forth in “APPENDIX A” attached hereto. 

The District considers its audited financial statements to be public information and, accordingly, no consent has been sought or 

obtained from the auditor in connection with the inclusion of such statements in this Official Statement. The auditor has made no 

representation in connection with inclusion of the audit herein that there has been no material change in the financial condition of 

the District since the audit was concluded. 

Budget and Financial Reporting Process 

The District’s General Fund finances the legally authorized activities of the District for which restricted funds are not provided. 

General Fund revenues are derived from such sources as federal and State school apportionments, taxes, use of money and 

property, and aid from other governmental agencies. 

The District is required by provisions of the State Education Code to maintain a balanced budget each year, where the sum of 

expenditures plus the ending fund balance cannot exceed revenues plus the carry-over fund balance from the previous year. The 

State Department of Education imposes a uniform budgeting format for school districts. 

The fiscal year for all school districts is July 1 to June 30. The same calendar applies to the budgets of county offices of 

education, except that their budgets and reports go to the Superintendent of Public Instruction for review. The State budget, too, 

is extremely important since school districts depend on it for a substantial portion of their revenue. There is a very close timing in 

the summer between final approval of the State budget, school finance legislation, and the adoption of local district budgets. In 

some years, the State budget is not approved by the deadline, which forces school districts to begin the new fiscal year with only 

estimates of the amount of money they will actually receive. 

The school district budgeting process involves continuous planning and evaluation. Within the deadlines, school districts work 

out their own schedules for considering whether or not to hire or replace staff, negotiating contracts with all employees, reviewing 

programs, and assessing the need to repair existing or acquire new facilities. Decisions depend on the critical estimates of 

enrollment, fixed costs, commitments in contracts with employees as well as best guesses about how much money will be 

available for elementary and secondary education. 

The timing of some decisions is forced by legal deadlines. For example, preliminary layoff notices to teachers must be delivered 

in March, with final notices in May. This necessitates projecting enrollments and determining staffing needs long before a school 

district will know either its final financial positions for the current year or its income for the next year. 

The governing board must submit a budget to the County Superintendent of Schools by July 1, and a publicized opportunity for 

public participation in the budget process is required by law. There are two options for budget adoption. School districts may 

adopt their budgets by July 1 and then revise and readopt them by September 8 after a public hearing. Alternatively, school 

districts may decide, by the previous October 31, to hold public hearings before adopting their budgets by July 1. School districts 

choosing this option revise their revenues and expenditures after the State budget act is adopted, without a second public hearing. 

All school districts must perform a criteria and standards review before budget adoption. In addition, those school districts on the 

alternative schedule for adoption must repeat the review before their revision only if the July 1 budget was disapproved. 

Legislation requires criteria and standards for stringent review of school districts finances, focusing primarily on predictions of 

actual daily attendance, operating deficit, and reserves. The legislation also dictates when and how outside committees, or an 

appointed trustee in emergency situations, must work with school districts. This oversight is part of an effort to reduce the 

number of districts in financial trouble and to increase the responsible use of tax dollars. 

The county superintendents monitor all school districts’ budgets, ongoing financial obligations and multi-year contracts. They 

have specific powers for recommending actions to revise budgets. They are not, however, authorized to abrogate existing 

collective bargaining agreements. School districts must review their financial position for the periods ending October 31 and 

January 31 in order to certify their ability to meet commitments for the remainder of the fiscal year and the following two years. 

Each school district is required by the State Education Code to file these two interim reports each year by not later than December 

15 and March 15. Each interim report shows fiscal year to date financial operations and the current budget. with any budget 

amendments made in light of operations and conditions to that point. The county offices of education must then, within 30 days, 

evaluate the interim reports and forward their comments to the State Department of Education and the State Controller’s Office. 

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Included in the report is a certification by the president of the governing board of each school district that classifies the school 

district according to its ability to meet its financial obligations. The certifications are grouped into three categories: positive 

certification, which designates that the school district will be able to meet its financial obligations for the remainder of the fiscal 

year and the following two years: qualified certification, which meais that the school district may not be able to meet its financial 

obligations for the remainder of the fiscal year and following two years if certain events occur; and negative certification, which 

signifies that the school district will not be able to meet its financial obligations for the remainder of the fiscal year or of the 

following year. A certification by the governing board may be overridden by the county superintendent. If either the first or 

second interim report is not positive, the county superintendent may require the district to provide a third interim report by June 1 

covering the period ending April 30. If not required, a third interim report is generally not prepared (though may be at the 

election of the district). The same calendar applies to the budgets of county offices of education, except that their budgets and 

reports go to the State Superintendent of Public Instruction for review. 

The county superintendent must annually present a report to the governing board of the school district and the State 

Superintendent of Public Instruction regarding the fiscal solvency of any school district with a disapproved budget, qualified 

interim certification, or negative interim certification, or that is determined at any time to be in a position of fiscal uncertainty, 

pursuant to Education Code Section 42127.6. Any school district with a qualified or negative certification must allow the county 

office of education at least ten working days to review and comment on any proposed agreement made between its bargaining 

units and the school district before it is ratified by the board (or the state administrator). The county superintendent will notify the 

school district, the county board of education, the governing board and the district superintendent (or the state administrator), and 

each parent and teacher organization of the school district within those 10 days if, in his or her opinion, the agreement would 

endanger the fiscal well-being of the school district. Also, pursuant to Education Code Section 42133, a school district that has a 

qualified or negative certification in any fiscal year may not issue, in that fiscal year or the next succeeding fiscal year, non-voter 

approved debt unless the county superintendent of schools determines that the repayment of that debt by the school district is 

probable. 

The filing status of the District’s interim reports for the past five years appears below. 

Financial Statements 

Certifications of Interim Financial Reports 


Fiscal Year First Interim Second Interim 

2006-07 Positive Positive 



2009-10 Positive Qualified 

2010-11 Qualified Qualified 

The District is required by law to adopt its audited financial statements following a public meeting to be conducted no later than 

January 31 following the close of each fiscal year. Figures presented in summarized form herein have been gathered from the 

District’s audited financial statements and other financial reports. The audited financial statements of the District for the fiscal 

year ending June 30, 2010, have been included in this Official Statement as “APPENDIX A.” Audited financial statements and 

other financial reports for all prior fiscal years are on file with the District and available for public inspection during normal 

business hours. Copies of financial statements relating to any year are available to prospective investors and or their 

representatives upon request by contacting the District at the address and telephone number set forth on page “iii” of this Official 

Statement, or by contacting the District’s financial advisor, Government Financial Strategies inc., 1228 “N” Street, Suite 13, 

Sacramento. California, 95814-5609, Tel. (916) 444-5100. 

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The following table summarizes the District’s general fund revenue, expenditures and fund balances from fiscal years 2007-08 

through 2009-10 (audited actual), 2010-li (unaudited actual) and 2011-12 (budgeted). 

Historical and Budgeted General Fund Activity 


2007-08 2008-09 2009-10 2010-11 2011-12 

Audited Audited Audited Unaudited Budget 

BEGINNING BALANCE $21,724,714 $18,133,742 $19,794,279 $11,997,697 $15,935,559 

REVENUES 

Revenue Limit Sources $125,536,548 $121,428,620 $105,071,827 $108,261,222 $107,514,439 

Federal Revenue 8,618,775 16,277,990 14,627,824 14,200,410 8,198,964 

Other State Revenues 27,120,758 23,870,853 26,746,490 25,595,106 22,546,557 

Other Local Revenues 8.978.555 8,544,862 8.119.549 7,004,548 5,397.352 

TOTAL REVENUES $170,254,636 $170,122,325 $154,565,690 $155,061,287 $143,657,312 

EXPENDITURES 

Certificated Salaries $90,371,966 $88,346,617 $81,888,401 $75,156,947 $71,965,610 

Classified Salaries 25,820,709 26,466,338 25,660,716 24,891,876 23,123,533 

EmployeeBenefits 30,838,471 31,517,949 30,116,063 28,481,912 27,742,309 

Books and Supplies 11,444,828 7,645,640 6,939,482 5,368,825 6,578,706 

Contracted Services 11,250,750 10,814,604 12,471,537 12,647,378 10,566,044 

Capital Outlay 729,644 629,236 164,709 595,661 67,500 

Debt Service and Other Outgo 3,630,606 3.056.396 3.669.001 3.787.939 4.118,663 

TOTAL EXPENDITURES $174,086,974 $168,476,780 $160,909,909 $150,930,538 $144,162,365 

FINANCING SOURCES (USES) $241,366 $14,992 ($1,452,363) ($192,886) ($1,769,739) 

NET INCREASE (DECREASE) ($3,590,972) $1,660,537 ($7,796,582) $3,937,862 ($2,274,792) 

ENDING BALANCE $18,133,742 $19,794,279 $11,997,697 $15,935,559 $13,660,767 

Actions by the District to Address Reductions in Education Spending by the State 

[The District has taken steps to mitigate the loss of state funding which began in fiscal year 2008-09 and continues to be a 

challenge for the fiscal 2011-12 budget year. The District is using reserve balances above the required state minimum to partially 

offset the reduction in state revenues, along with a mixture of expenditure reductions including employee concessions reached 

through negotiations, increased class sizes, across the board reductions in school site spending, use of flexibility in state 

categorical funding and reductions in force.] 

Ito come] 

Revenues 

The District categorizes its General Fund revenues into four primary sources: revenue limit sources, federal revenues, other state 

revenues and other local revenues. 

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Revenue Limit Sources. Since fiscal year 1973-74, California school districts have operated under general purpose revenue limits 

established by the State Legislature. in general, the state revenue limit for a school district is calculated by multiplying a “base 

revenue limit” per student by the school district’s student enrollment measured in units of ADA. The revenue limit calculations 

are calculated from the district’s prior-year funding level, as adjusted for a number of factors, such as inflation, special or 

increased instructional needs and costs, employee retirement costs, especially low enrollment, and increased pupil transportation 

costs, all designated primarily to provide cost of living increases and to equalize revenues among all California school districts of 

the same type. Generally, the amount of State funding allocated to each school district is the amount needed to reach that 

district’s base revenue limit after taking into account certain other revenues, in particular, locally generated property taxes. This is 

referred to as State “equalization aid.” To the extent local tax revenues increase due to growth in local property assessed 

valuation, the additional revenue is offset by a decline in the State’s contribution. 

The State Education Code itemizes the local revenues that are counted towards the base revenue limit before calculating how 

much the State must provide in above-described equalization aid. The more local property taxes a district receives, the less State 

equalization aid it is entitled to; ultimately, a school district whose local property tax revenues exceed its base revenue limit is 

entitled to receive no State equalization aid, and receives only its special categorical aid, which is deemed to include the “basic 

aid” of $120 per student per year guaranteed by Article IX, Section 6 of the Constitution. Such districts are known colloquially as 

“basic aid districts.” Districts that receive some equalization aid may commonly be referred to as “revenue limit districts.” The 

District is a revenue limit district. 

The District’s base revenue limit per unit of ADA was $6,363.04 for fiscal year 2009-10 (before application of a deficit factor of 

0.81645), was $6,338.04 in fiscal year 2010-il (before application of a deficit factor of 0.82037) and is budgeted to be $6,481.04 

in fiscal year 2011-12 (before application of a deficit factor of 0.80246). 

Revenue limit sources accounted for approximately 68.0% of total general fund revenues in fiscal year 2009-10, were 69.8% of 

general fund revenues in fiscal year 2010-11 and are budgeted to be approximately 74.8% of general fund revenues in fiscal year 

2011-12. Local property tax revenues were approximately $20.3 million in fiscal year 2010-11, or approximately 18.8% of the 

District’s aggregate revenue limit income, and are budgeted to be approximately $20.8 million in fiscal year 2011-12, or 19.4% of 

the District’s aggregate revenue limit income. 

Federal Revenues. The federal government provides funding for several District programs. These federal revenues, most of 

which historically have been restricted, were 9.5% of general fund revenues in fiscal year 2009-10, were 9.2% of general fund 

revenues in fiscal year 2010-11 and are budgeted to be 5.7% of general fund revenues in fiscal year 2011-12. Federal revenues 

include the revenues received pursuant to the American Recovery and Reinvestment Act signed into federal law on February 17, 

2009. 

Other State Revenues. In addition to apportionment revenues, the State provides funding for several District special (categorical) 

programs. These other State revenues, most of which are restricted, were 17.3% of general fund revenues in fiscal year 2009-10, 

were 16.5% of general fund revenues in fiscal year 2010-11 and are budgeted to be 15.7% of general fund revenues in fiscal year 

2011-12. 

included in other State revenues are proceeds received from the State from the California State Lottery. Lottery funds may not be 

used for non-instructional purposes, such as the acquisition of real property, the construction of facilities, or the financing of 

research. School districts receive lottery funds proportional to their total ADA. The District’s total State lottery revenue is 

budgeted at $2.7 million, or approximately 1.9% of general fund revenues in fiscal year 2011-12. 

Other Local Revenues. In addition to property taxes, District receives additional local revenues. Revenues from other local 

sources were 5.3% of general fund revenues in fiscal year 2009-10, were 4.5% of general fund revenues in fiscal year 2010-il 

and are budgeted to be 3.8% of general fund revenues in fiscal year 2011-12. 

Expenditures 

The largest components of a school district’s general fund expenditures are certificated and classified salaries and employee 

benefits, as described above. Changes in salary and benefit expenditures from year to year are generally based on changes in 

staffing levels, negotiated salary increases, and the overall cost of employee benefits. Even with no negotiated salary increases or 

changes in staffing levels, normal “step and column” advancements on the salary scale result in increased salary expenditures. 

The District has not budgeted any salary increase for fiscal year 2011-12. 

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Employee salaries and benefits were 85.6% of general fund revenues in fiscal year 2009-10, were 85.2% of general fund 

expenditures in fiscal year 2010-1 1 and are budgeted to be 85.2% of general fund expenditures in fiscal year 2011-12. 

Short-Term Borrowings 

The District has in the past issued short-term tax and revenue anticipation notes (“TRANs”). Proceeds from the issuance of 

TRANs by the District during previous fiscal years have been used to reduce interfund dependency and to provide the District 

with greater overall efficiency in the management of its funds. The District has not issued TRANs in the past five years. The 

District has never defaulted on any of its short-term borrowings. 

Capitalized Lease Obligations 

The District has made use of various capital lease arrangements in the past under agreements that provide for title of items and 

equipment being leased to pass to the District upon expiration of the lease period. The District has promised to annually 

appropriate the amounts necessary to make all future lease payments from available revenues. As of June 30, 2010, the amount of 

the District’s capitalized lease obligations was $530,128. See the financial statements of the District as of and for the year ended 

June 30, 2010, set forth in “APPENDIX A.” 

The District’s outstanding certificates of participation are set forth below. 

Outstanding Certificates of Participation 


Outstanding as of Debt Service in 

Date Issued Final Maturity Amount Issued June 30. 201 1 Fiscal Year 201 1-12 

May2006 2026 $2,550,000 $1,821,524 161505 

Long Term Borrowings 

At the 2002 Election, voters within the District approved the issuance of $100 million aggregate principal amount of general 

obligation bonds for school purposes. The bonds authorized at the 2002 Election were issued in two series: the Series 2002 

Bonds and the Series 2004 Bond. The Series 2002 Bonds are to be refunded in part with the proceeds of the Bonds. The District 

has no authorization remaining under the 2002 Election. 

Outstanding General Obligation Bonds 



Authorization Final Maturity Amount Issued September 30, 2011 Fiscal Year 2011-12 

2002 Election Series 2002 2027 $45,000,000 $31,375,000 $2,875,144 

2002 Election Series 2004 2028 $55,000,000 $52,040,000 $3,519,913 

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In February 2006, the Fairfield-Suisun Unified School District Public Financing Authority issued Special Tax Revenue! 

Refunding Bonds, 2006 Series A, to refund special tax bonds issued by Community Facilities District No. I of the Fairfield 

Unified School District, Community Facilities District No. 2 of the Fairfield Unified School District, Community Facilities 

District No. 4 of the Fairfield Unified School District, and Community Facilities District No. 5 of the Fairfield Unified School 

District, and to finance certain public facilities within Community Facilities District No. 6 of the Fairfield Unified School District. 

The bonds are payable from special taxes assessed in each of the special districts. 

Outstanding Special Tax Bonds 



Authorization Final Maturity Amount Issued September 30. 2011 Fiscal Year 2011-12 

Multiple 2006 2025 $49,750,000 $37,980,000 $4,114,318 

The District has never defaulted on any of its long-term bonded indebtedness. All long term bonded indebtedness of the District 

as of June 30, 2010, is set forth in “APPENDIX A” attached hereto. 

STATE FUNDING OF PUBLIC EDUCATION 

The information in this section concerning State funding ofpublic education is provided as supplementary information only, and 

it should not be inferred from the inclusion of this information in this Official Statement that the principal of or interest on the 

Bonds is payable from State revenues. The Bonds are payable from the proceeds of an ad valorem tax, approved by the voters of 

the District pursuant to applicable laws and Constitutional requirements, and required to be levied by the County on all taxable 

property in the District in an amount sufficientfor the timely payment ofprincipal and interest on the Bonds. 

Revenue for Public Education 

Sources of Revenue. The State’s K-12 education system is supported primarily from State revenues, mostly sales and income 

taxes. The availability of State funds for public education is a function of constitutional provisions affecting school district 

revenues and expenditures (see “CONSTITUTIONAL & STATUTORY PROVISIONS AFFECTING SCHOOL DISTRICT 

REVENUES & EXPENDITURES). As a result, changes in State revenues may affect appropriations made by the State to school 

districts. State revenue sources for school districts are supplemented with local property taxes, federal aid, local miscellaneous 

funds, and the California State Lottery. 

In recent years, approximately 58% of all funds for California K-l2 public education came from the State budget, which is 

required to be proposed by the Governor by January 10 and adopted by June 15 of each year (although the State often is late 

adopting the budget). Approximately 21% of funding for K-12 education comes from local property taxes. The California 

Constitution limits property taxes to one percent of the value of property; property taxes may only exceed this limit to repay voter 

approved debt. 

Statewide, approximately 13% of school districts’ revenues come from the federal government, and about 6% come from local 

miscellaneous sources. The latter category includes items such as food sales, money for debt repayment, interest on reserves and, 

in some cases, more significant sources such as developer fees and parcel taxes. Developer fees are fees that school districts can 

levy on new residential or commercial development within their boundaries to finance the construction or renovation of school 

facilities. Many school districts also seek grants or contributions, sometimes channeled through private foundations established to 

solicit donations from local families and businesses. School districts that still have unused school buildings or sites can lease or 

sell them for miscellaneous income as well. A significant number of school districts have secured the required two-thirds 

approval from local voters to levy special taxes on parcels or residences and/or have won voter approval, with either a two-thirds 

vote or a 55% majority, to sell general obligation bonds or to establish special taxing districts for the construction of schools. Use 

of such taxes is restricted by law. 

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The final revenue source for school districts is the California State Lottery. Approved by voters in late 1984, the lottery generates 

about 1% of total school revenues. Every three months the Lottery Commission calculates 34% of lottery proceeds for all public 

education institutions, the minimum according to the lottery law. Every K-14 school district receives the same amount of lottery 

funds per pupil from the State, which may be spent for any instructional purpose, excluding capital projects. 

No other source of general purpose revenue is currently permitted for schools. Proposition 13 eliminated the possibility of raising 

additional ad valorem property taxes for general school support, and the courts have declared that fees may not be charged for 

school-related activities other than for busing services. 

The State Revenue Limit. The State Revenue Limit was first instituted in 1973-74 to provide a mechanism to calculate the amount 

of general purpose revenue a school district, community college district or county board of education is entitled to receive from 

State and local sources. Each school district has its own target amount of funding from State funds and local property taxes per 

Average Daily Attendance (the “ADA”). The ADA is the average number of pupils attending school over the year. This target is 

known as revenue limit, and the funding from this calculation forms the bulk of all school districts’ income. The State Legislature 

usually grants annual cost-of-living adjustments (COLAs) to revenue limits. The exact amount depends on whether the school 

district is an elementary, high school or a unified school district. 

Apportionments for revenue limits are calculated three times a year for each school district, community college district and 

county board of education. The first calculation is performed for the February 20th First Principal Apportionment, the second 

calculation for the June 25th Second Principal Apportionment, and the final calculation for the end of the year Annual 

Apportionment. Calculations are reviewed by the county and submitted to the State Department of Education with respect to 

school districts and to the Chancellor of the California Community Colleges with respect to community college districts, which, 

respectively, reviews the calculations for accuracy, calculates the amount of state aid owed to such school district or community 

college district, as the case may be, and notifies the State Controller of the amount, who then distributes the state aid. 

School districts that receive their revenue limit income entirely from property taxes are called “basic aid” school districts. They 

are permitted to keep all their property tax money (even if it exceeds their revenue limit). As guaranteed in the California 

Constitution, the State must apportion $120 per pupil. However, the categorical aid (see below) that school districts receive 

counts toward this requirement. The District is a “basic aid” school district. 

Distribution of Revenue for School Districts 

General Purpose. The largest part of each school district’s revenue funds general operating expenses associated with providing 

education, including salaries, benefits, supplies, textbooks and regular maintenance. As previously mentioned, the Revenue Limit 

governs the amount each school district receives. Each school district also receives some State and federal money for special 

programs, special costs, or categories of children with particular educational needs, called “categorical aid.” 

Categorical Aid. This special support goes into a school district’s General Fund, but its expenditure is restricted to the purpose for 

which it is granted. About seventy-five percent (75%) of the total money generated for education is for general purposes, and 

about twenty-five percent (25%) is for categorical aid. The complex allocation system is adjusted somewhat by the State 

Legislature almost every year, with unpredictable effects on individual school districts. 

There are a number of major federal and State categorical aid programs. Some allocations come automatically to school districts, 

while others require an application. Some programs are based on the characteristics of the children or families in a particular 

school district, such as gifted and talented, non-English speaking, migrant, low income or handicapped students. Other programs 

are for specific activities or expenses, such as transportation, textbooks or childcare. Each year a large amount of aid is allocated 

directly to the State Teachers’ Retirement System (STRS) fund. For the past several years, supplemental grants have been 

directed to equalizing school districts’ income from revenue limits plus specific categoricals. Most of the federal funds flow 

through the California Department of Education, which retains a certain percentage for administration. 

In terms of dollars and the number of children served, the largest categorical aid program is Special Education for the 

Handicapped. According to court decisions and federal and California law, school districts are responsible for the appropriate 

education of each handicapped child from age 3 to 21 who lives within their boundaries. The allocations do not cover the cost of 

educating them. School districts are required to contribute a certain amount of general purpose funds for Special Education, and 

many spend much more. This is known as “encroachment.” 

School Facilities. Growing enrollments and/or aging facilities require school districts to build or make major renovations to 

school buildings. The income from developer fees on residential or commercial property is insufficient to fund all facilities costs. 

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Voter approved general obligation bond moneys may only be used for purchase or improvement of real property, while Mello 

Roos taxes can be used for this as well as for ongOing maintenance or purchase of needed equipment. A majority of voters has 

regularly approved state bond measures for the construction or reconstruction of schools. 

The 2010-11 State Budget 

The information in this section has been compiled from publicly available information through the State Department of Finance 

and the State Legislative Analyst’s Office. Neither the District nor the Underwriter assume any responsibility for the accuracy of 

such information as set forth or incorporated by reference herein, although they believe that the information provided by the 

above-listed sources is reliable. 

Overview. On January 8, 2010, the Governor released his proposed 2010-11 State budget. With billions of dollars of temporary 

budget solutions implemented in 2009-10 set to expire and the State economy recovering slowly, the Governor projected, at that 

time, a general fund deficit of $18.9 billion at the end of fiscal year 2010-Il without corrective action. The Governor declared a 

state of fiscal emergency on January 8, 2010, calling the State Legislature into special session to begin taking action on his 

proposed solutions. The solutions adopted in the special session, combined with additional federal funds and administrative 

actions, slightly reduced the size of the projected deficit. 

In March 2010, additional payment deferrals from the State to K-12 school districts for fiscal year 2010-11 were enacted in a 

series of bills as part of legislation to provide additional cash management flexibility to the State (the “Cash Management Bills”). 

The Cash Management Bills authorized deferral of certain payments during fiscal year 20 10-1 1 for school districts not to exceed 

$2.5 billion in aggregate at any one time. Deferrals of payments to K-12 schools could be made in July 2010, October 2010 and 

March 2011, for not to exceed 60, 90 and 30 days, respectively, but depending on actual cash flow conditions at the time, the 

State Controller, State Treasurer and State Director of Finance could either accelerate or delay the deferrals up to 30 days, or 

reduce the amounts deferred. In August 2010, the State elected to accelerate the October 2010 deferral by 30 days. These 

deferrals replaced the $1.0 billion July 2009, $1.5 billion August 2009 and $1.0 billion November 2009 deferrals in place in fiscal 

year 2009-10. Certain school districts demonstrating hardship in procedures specified in the Cash Management Bills are not 

subject to these deferrals. 

On May 14, 2010, the Governor released his revision to the proposed 2010-11 State budget (the “2010-11 May Revision”). The 

2010-Il May Revision included $19.1 billion in budget solutions for fiscal years 2009-10 and 2010-11 to create a $1.2 billion 

reserve. Approximately 66% of the Governor’s budget solutions relied on program spending reductions, approximately 18% 

relied on funding or flexibility to be provided by actions of the federal government, approximately 11% consisted of various fund 

shifts, some of which required voter approval, and less than 5% consisted of new revenues. 

The 2010-11 State Budget. On October 8, 2010, more than three months after the beginning of the fiscal year, the Governor 

signed into law the budget for fiscal year 2010-11 (the “2010-il State Budget”). The 2010-li State Budget includes 

approximately $8.4 billion in expenditure reductions, an assumed $5.4 billion increase in federal funding, and $5.5 billion in other 

budget solutions, resulting in total budget solutions of approximately $19.3 billion to create a $1.3 billion general fund reserve. 

State general fund expenditures are budgeted to be essentially flat at $86.6 billion in 2010-11, as compared to a revised $86.3 

billion figure for 2009-10. State general fund revenues (including transfers) are budgeted to be approximately $94.2 billion in 

2010-11, an increase of 8.4% from a revised fiscal year 2009-10 State general fund revenues and transfers of $86.9 billion. 

[The remainder of this page intentionally left blank] 

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The following table identifies historical and budgeted State general fund revenues and expenditures. 

Source: The California Department of Finance 

State General Fund under the 2010-11 State Budget 

2009-10 2010-11 

Revised Budgeted 

(Millions) (Millions) 

Prior-year Fund Balance ($5,375) ($4,804) 

Revenues and Transfers 86,920 94230 

Total Resources Available $81,545 $89,426 

Expenditures 86,349 86,552 

Ending Fund Balances ($4,804) $2,874 

Encumbrances L32 

Reserve ($6,341) $1,337 

Other key features of the 20 10-11 State Budget include: 

• More than $1 billion in revenue from postponing a corporate tax break 

• Approximately $3 billion from transfers from State funds 

• A measure in 2012 ballot to strengthen a rainy-day fund with more stringent deposit requirements 

• Roll back of public pension increases for new State employees approved in 1999 

• The sale of 11 State office buildings 

In addition to the $19.3 billion in enacted budget solutions, the 2010-11 State Budget includes additional measures to manage the 

State’s cash flow. The cash management legislation included as part of the budget package provides for a short-term payment 

deferral for pension contribution for schools. 

Funding for Education. In order to balance the 2010-11 State Budget, the Proposition 98 minimum funding requirement was 

suspended, with Proposition 98 funding budgeted to be $49.7 billion, approximately $4.1 billion less than minimum without 

suspension. In addition, the State ended fiscal year 2009-10 with a “settle-up-obligation,” as the State appropriated less in fiscal 

year 2009-10 than the revised estimate of the minimum guarantee for that year. The State Legislative Analyst’s Office estimated 

the 2009-10 settle-up obligation to be $1.8 billion. The 2010-11 State Budget provides $300 million as a payment to begin to 

meet the State’s outstanding 2009-10 Proposition 98 settle-up obligation. 

An overview of the State’s Proposition 98 funding under the 2010-li State Budget appears in the following table. 

Source: The California Legislative Analyst’s Office 

Proposition 98 Funding under the 2010-11 State Budget 

FY2008-09 FY2009-10 FY2O1O-ll 

Revised Budgeted 

(Millions) (Millions) (Millions) 

K- 12 Education $43,044 $43,767 $43,778 

Community Colleges 5,947 5,683 5,792 

Other Agencies 105 93 89 

Total $49,096 $49,543 $49,658 

General Fund $34,098 $35,477 $36,223 

Local Property Taxes $14,997 $14,066 $13,435 

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While the State is providing slightly more Proposition 98 funding in fiscal year 2010-11 than fiscal year 2009-10, the large 

reliance on one-time solutions in fiscal year 2009-10 resulted in the need for reductions in 2010-11. However, these reductions 

largely are treated as deferrals of payments rather than cuts. Specifically, the package defers $1.9 billion in additional K-14 

payments ($1.7 billion for K-12 education and $189 million for community colleges). Rather than being paid in the spring of 

2011, these payments will be made in July 2011. Virtually all other K-12 reductions are technical adjustments designed to align 

appropriations with anticipated program costs, such as for the K-3 class size reduction program. The package also makes 

reductions in childcare funding. 

In addition to Proposition 98 funding, related budget bills provide K-12 education with $1.5 billion in special one-time federal 

funding. Of this amount, $1.2 billion is from recent federal grants provided specifically to help retain K- 12 jobs, and $272 million 

is from the last round of federal stabilization funding from the American Recovery and Reinvestment Act of 2009. 

The full text of the 2010-Il State Budget may be found at the State Department of Finance website, w•ww.dof.ca.gov, and the 

Legislative Analyst’s Office overview of the 2010-11 State Budget may be found at vvw.lao.ca.gov. 

The 2011-12 State Budget 

The information in this section has been compiledfrom publicly available information through the State Department of Finance 

and the State Legislative Analyst’s Office. Neither the District nor the Underwriter assume any responsibility for the accuracy of 

such information as set forth or incorporated by reference herein, although they believe that the information provided by the 

above-listed sources is reliable. 

Proposed Budget. On January 10, 2011, the Governorreleased his proposed 2011-12 State budget (the “Proposed 2011-12 State 

Budget). The Proposed 2011-12 State Budget estimated that, without corrective action by the State Legislature and the Governor, 

the State would end fiscal year 2011-12 with a $25.4 billion deficit. Specifically, the administration estimated that the general 

fund would end fiscal year 20 10-11 with a deficit of $8.2 billion, with the gap between expenditures and revenues in fiscal year 

2011-12 at $17.2 billion. 

The Proposed 2011-12 State Budget proposed significant reforms to State and local programs, substantial reductions to state 

operations, and spending cuts across all service areas in order to address the deficit. Specifically, the Proposed 2011-12 State 

Budget identified $12.5 billion in expenditure cuts over the next two fiscal years, particularly ongoing program reductions, and 

$14 billion increased revenues over the next two fiscal years, predominantly from extending the four temporary tax increases 

adopted in February 2009 which voters would be asked to approve in a June 2011 special election (which ultimately did not 

occur). 

Other key features of the Proposed 2011-12 State Budget included: 

• Restructuring the State-local relationship in the delivery of services by shifting funding and responsibility to local 

governments for those services, subject to voter approval at the June 2011 special election 

• Overhauling redevelopment through elimination of redevelopment agencies and transfer of agencies’ revenues to local 

successor agencies 

SB 70. On March 24, 2011, the Governor signed into law Senate Bill 70 (“SB 70”) implementing several provisions included in 

the Proposed 2011-12 State Budget. Key features of SB 70 relating to the funding of education included the following: 

• For fiscal year 2011-12, SB 70 increases the revenue limit deficit factor for county offices of education and school districts to 

19.892% and 19.608%, respectively. 

• SB 70 extends, for an additional two fiscal years, existing flexibility options available to school districts relating to deferred 

maintenance contributions, use of surplus proceeds from the sale of real property, general fund reserve requirements, 

categorical program funding expenditures, reduction of instructional minutes, class size reduction proram penalties, and the 

implementation of new State instructional materials. 

• SB 70 establishes a zero percent cost of living adjustment for K- 12 programmatic funding for fiscal year 2011-12. 

• SB 70 authorizes three new cross-fiscal year deferrals of State apportionments, as follows: (I) $1.3 billion from March to 

August, (2) $763,794,000 from April to August, and (3) $500 million from June to July. SB 70 also extended the existing 

April-to-July deferral to September and the existing May-to-July deferral to September. These deferrals are in addition to 

existing inter-fiscal year deferrals applicable to fiscal year 2011-12. 

• SB 70 authorizes the State Director of Finance to adjust the State’s Proposition 98 calculation to ensure that any shift in 

property taxes previously received by redevelopment agencies does not affect the State’s minimum funding obligations under 

Proposition 98. 

• SB 70 implements a reduction to categorical funding for basic aid school districts in proportion to the revenue limit funding 

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162

eductions experienced by non-basic aid school districts in fiscal years 2008-09 and 2009-10. SB 70 declares the State 

Legislature’s intent to restore this categorical funding at the same time as such revenue limit funding reductions are restored. 

May Revision to the Proposed Budget. On May 16, 2011, the Governor released his May revision to the Proposed 2011-12 State 

Budget for fiscal year 2011-12 (the “2011-12 May Revision”) which included a revised projected budget deficit of $9.6 billion 

without additional corrective action. Included in this revised projection were higher-than anticipated State general fund revenues 

totaling $6.6 billion for both fiscal years 2010-11 and 2011-12. The increase in revenues was largely attributed to strong personal 

income tax collections experienced since the beginning of the 2011 calendar year. Offsetting these increased revenues, the 2011- 

12 May Revision identified additional general fund costs, as well as the impact of the cancelation of the State buildings sale 

authorized by the 2010-11 Budget. To address the $9.6 billion budget gap, the 201 1-12 May Revision proposed measures totaling 

$10.8 billion for both fiscal years 2010-11 and 2011-12. These measures were in addition to, or modified, those set out by the 

Proposed 2011-12 State Budget and subsequent budget legislation. Assuming the implementation of these measures, the 2011-12 

May Revision projected ending fiscal year 2011-12 with a surplus of $1.2 billion. 

Adopted Budget. On June 30, 2011, the Governor signed into law the 2011-12 State budget (the “2011-12 State Budget”). The 

2011-12 State Budget, including previously enacted legislation, closes the $26.6 billion budget gap identified in the 2011-12 May 

Revision through $15.0 billion in expenditure reductions, $0.9 billion in revenue increases and $2.9 billion in other solutions, 

which, combined with increased State revenue forecast of $8.3 billion, results in a State general fund reserve of $543 million at 

the end of fiscal year 2011-12. 

State general fund expenditures are budgeted to be $85.9 billion in fiscal year 2011-12, a decrease of 6.1% from a revised $91.5 

billion figure for fiscal year 20 10-1 1. State general fund revenues (including transfers) are budgeted to be approximately $88.5 

billion in fiscal year 2011-12, a decrease of 6.7% from a revised fiscal year 2010-11 State general fund revenues and transfers of 

$94.8 billion. 

The following table identifies historical and budgeted State general fund revenues and expenditures. 

State General Fund under the 2011-12 State Budget 

2010-11 2010-11 2011-12 

Ori2inal Budget Revised Revised 


Prior-year Fund Balance ($4,804) ($4,507) ($1,206) 

Revenues and Transfers 94,230 94.781 88,456 

Total Resources Available $89,426 $90,274 $87,250 

Expenditures 86.552 91,480 85.937 

Ending Fund Balances $2,874 ($1,206) $1,313 

Source: The California Department of Finance 

Encumbrances 770 770 

Reserve $1,337 ($1,976) $543 

In general, the 2011-12 State Budget realigns the administration of various public safety and mental health and welfare programs 

from the State level to local government level. Funding for the $5.6 billion realignment comes from 1) the dedication of 1.0625 

cents of the existing sales tax rate ($5.1 billion) and 2) the redirection of vehicle license fee revenues ($453.4 million). The 2011- 

12 State Budget reduces State government through expenditure cuts to various health and human services programs, education, 

and others, including: 

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163

• Maintenance of K-I 2 education funding at a similar level as fiscal year 2010-11 (as discussed in more detail in the following 

section) 

• Reduction of State Supplementary Payment grants 

• Reduction of Cal WORKS grants 

• Reduction of California Department of Corrections and Rehabilitation’s inmate population by 25% once realignment is fully 

implemented 

• Requiring recipients of Medi-Cal health benefits to pay a share of the cost for doctor visits and other services 

• Reduction of the State’s support for the University of California and California State University by 22 and 25%, respectively, 

and requiring community college students to pay $10 more per class unit 

• Delay of the court system’s construction program for one year 

• Elimination of the Adult Day Health Care program, Williamson Act subventions, and the refundable child care and 

dependent tax credit 

• Reduction of the State’s workforce by 5,500 positions 

• Elimination of 20 boards, commissions, task forces, offices and departments, including the California Medical Assistance 

Commission and the Office of Insurance Advisor. 

The 2011-12 State Budget also includes “trigger reductions” contingent on future revenues: 

• Tier 1 .- if revenues fall short of projections in the 2011-12 State Budget by more than $1 billion, an additional $600 million 

• 

in cuts to higher education, health and human services and public safety would be implemented 

Tier 2 — if revenues fall short of projections by more than $2 billion, up to an additional $1.9 billion in education reductions 

would be implemented 

Funding for K-12 Education. The 2011-12 State Budget includes total funding of $64.1 billion for all K-12 education programs 

($34.7 billion from the State’s General Fund and $29.4 billion from other funds). The 2011-12 State Budget funds the 

Proposition 98 minimum funding requirement at $48.7 billion, of which $32.9 billion is budgeted from the State general fund. 

The Proposition 98 minimum funding requirement reflects four new “rebenching” (or adjustments to base calculation) impacts: 

• An increase an increase of $578 million to ensure that Proposition 98 guarantee does not decrease with the shift in motor 

vehicle fuel revenues 

• An increase of $222 million to reflect the inclusion of mental health and out-of-home care services within the Proposition 98 

guarantee 

• A decrease of $1 .134 billion to reflect the exclusion of child care programs, with the exception of partial-day preschool 

programs, from Proposition 98 

• A decrease of $1.7 billion to ensure that the total Proposition 98 is not changed due to new local revenue related to 

redevelopment agencies 

In addition to the rebenching, the Proposition 98 minimum funding requirement is decreased $2.1 billion as a result of the 

reduction in State general fund sales tax revenues related to the realignment of public safety programs to local government. 

An overview of the State’s Proposition 98 funding under the 2011-12 State Budget appears in the following table. 

Proposition 98 Funding under the Proposed 2011-12 Budget 

Source: The State Legislative Analyst’s Office 

2009-10 2010-Il 2011-12 

Final Revised Bud2et 


K-12 Education $44,060 $43,868 $43,151 

Community Colleges 5,721 5,834 5,415 

Other Agencies 93 85 85 

Total $49,874 $49,787 $48,651 

StateGeneral Fund $35,546 $35,691 $32,879 

Local Property Taxes $14,327 $14,096 $15,772 

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1 64

---As discussed previously, the 2011-12 State Budget also includes a series of trigger reductions in the event the State’s revenues are 

less than forecasted. As part of the second series of such trigger reductions, should State revenues fall short of projections by 

more than $2 billion in fiscal year 2011-12, up to $1.5 billion in reductions to school district revenue limit funding would be 

implemented, with a corresponding reduction to the minimum school year length by seven days. In the event this reduction is 

implemented, school districts would be permitted to collectively bargain for a shorter school year or accommodate the revenue 

limit reduction through other means. 

Other solutions for K-l2 education implemented in the 2011-12 State Budget include: - 

• Decrease of $62.3 million of Proposition 98 funding to part-day State preschool program 

• Provision of $11 million to provide charter schools that commenced operation between fiscal years 2008-09 and 20 11-12 

with supplemental categorical funding 

• Increase of $3.2 million to support the Clean Technology and Renewable Energy Job Training, Career Technical Education, 

and Dropout Prevention Program, 

• Decrease of $180.4 million to child care and development programs 

• Elimination of the Office of Secretary of Education 

• Elimination of funding for California Longitudinal Teacher Integrated Data System (CALTIDES) 

• Provision requiring districts to project the same level of revenue per student in fiscal year 2011-12 as in fiscal year 2010-Il 

and “maintain staffing and program levels” commensurately along with a related provision specifying that school districts are 

not required to demonstrate they can meet their financial obligations for the two subsequent fiscal years. 

Future Budgets 

The District cannot predict what actions will be taken in the future by the State Legislature and the Governor to address changing 

State revenues and expenditures or the impact such actions will have on State revenues available in the current or future years for 

education. The State budget will be affected by national and State economic conditions and other factors over which the District 

will have no control. Certain actions could result in a significant shortfall of revenue and cash, and could impair the State’s ability 

to fund schools as budgeted. Continued State budget shortfalls in future fiscal years could have an adverse financial impact on 

the District. 

For more information on the 2011-12 State Budget, please refer to the California Department of Finance’s website at 

www.dof.ca.gov and to the Legislative Analyst’s Office’s website at vww.lao.ca.gov. 

CONSTITUTIONAL & STATUTORY PROVISIONS AFFECTING DISTRICT REVENUES & EXPENDITURES 

Article XIIIA. In an election held on June 6, 1978, the voters of the State approved an initiative amendment to the State 

Constitution. The amendment added Article XIIIA to the State Constitution, commonly known as Proposition 13, which limits 

the taxing powers of State public agencies. Except as described in the following paragraph, Article XIIIA provides that the 

maximum ad valorein tax on real property cannot exceed one percent of the “full cash value” which is defined as the “county 

assessor’s valuation of real property as shown on the 1975-76 tax bill under ‘full cash value’ or, thereafter, the appraised value of 

real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment,” subject to 

exceptions for certain circumstances of transfer or reconstruction. The “full cash value” is subject to annual adjustments to reflect 

increases not to exceed two percent per year, or decreases in the consumer price index or comparable local data, or to reflect 

reduction in property value caused by damage, destruction or other factors. 

Article XIIIA requires a vote of two-thirds of the qualified electorate to impose special taxes, and except as described in the 

following sentence, prohibits the imposition of any additional ad valorem, sales or transaction tax on real property. As amended 

by Proposition 46, on June 3, 1986, Article XIIIA exempts from the one percent tax limitation ad valore,n taxes required to pay 

debt service on indebtedness approved by the voters prior to July I, 1978, or on bonded indebtedness approved by two-thirds of 

those voting thereon, after July 1, 1978, the proceeds of which are applied to the acquisition or improvement of real property. 

Proposition 39: On November 7, 2000, voters within the State approved an amendment (commonly known as Proposition 39) to 

the State Constitution. This amendment (1) allows school facilities bond measures to be approved by 55 percent (rather than two 

thirds) of the voters in local elections and permits property taxes to exceed the current 1 percent limit in order to repay the bonds, 

and (2) changes existing statutory law regarding charter school facilities. The local school jurisdictions affected by this 

proposition are K-l2 school districts, including the District, community college districts, and county offices of education. The 55 

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165

percent vote requirement would apply only if the local bond measure presented to the voters includes: (1) a requirement that the 

bond funds can be used only for construction, rehabilitation, equipping of school facilities, or the acquisition or lease of real 

property for school facilities; (2) a specific list of school projects to be funded and certification that the school board has 

evaluated safety, class size reduction, and information technology needs in developing the list; and (3) a requirement that the 

school board conduct annual, independent financial and performance audits until all bond funds have been spent to ensure that the 

bond funds have been used only for the projects listed in the measure. 

Legislation approved in June 2000 places certain limitations on local school bonds to be approved by 55 percent of the voters. 

These provisions require that the tax rate levied as the result of any single election be no more than $60 (for a unified school 

district), $30 (for a high school or elementary school district), or $25 (for a community college district), per $100,000 of taxable 

property value. The Governor can change these limitations with a majority vote of both houses of the Legislature and approval; 

unlike constitutional amendments, which may be changed only with another statewide vote of the people. The statutory provisions 

could be changed by a majority vote of both houses of the Legislature and approval by the Governor, but only to further the 

purposes of the proposition. 

Finally, Article XIIIA requires the approval of two-thirds of all members of the State Legislature to change any State laws for the 

purpose of increasing tax revenues. 

Article XIIJB. In a special election held on November 6, 1979, the voters of the State approved an initiative constitutional 

amendment. This amendment added Article XIIIB to the State Constitution. Article XIIIB limits the annual appropriations of the 

State and of any city, county, school district, special district, authority or other political subdivision of the State to the level of 

appropriations for the prior fiscal year, as adjusted for changes in the cost of living, population and services rendered by the 

government entity. The “base year” for establishing such appropriation limit is the 1978-79 fiscal year and the limit is to be 

adjusted annually to reflect changes in population, consumer prices and certain increases in the cost of services provided by these 

public agencies. 

Appropriations subject to Article XIIIB include generally the proceeds of taxes levied by the State or by any other entity of local 

government, exclusive of certain State subventions, refunds or taxes, benefit payments from retirement, unemployment insurance 

and disability insurance funds but excludes taxes to pay voter approved bonds. “Proceeds of taxes” include, but are not limited to, 

all tax revenues and the proceeds to an entity of government from (I) regulatory licenses, user charges, and user fees (but only to 

the extent such proceeds exceed the cost of providing the service or regulation), and (2) the investment of tax revenues. Article 

XIIIB includes a requirement that if an entity’s revenues in any year exceed the amounts permitted to be spent, the excess would 

have to be returned by revising tax rates or fee schedules over the subsequent two years. State law provides that in the event a 

school district’s appropriations will exceed its limit, the district may assume from the State a portion of the State’s appropriations 

limit. 

Proposition 98/111: On November 8, 1988, voters of the State approved Proposition 98, a combined initiative constitutional 

amendment and statute called the “Classroom Instructional Improvement and Accountability Act.” Proposition 98 changed State 

funding of public education below the university level and the operation of the State’s appropriations limit, primarily by 

guaranteeing K-14 schools a minimum share of General Fund revenues. Under Proposition 98 (as modified by Proposition Ill, 

which was enacted on June 5, 1990, hereinafter defined as “Proposition 98/111”), K-14 schools are guaranteed the greater of (a) 

the percentage of General Fund revenues appropriated for school districts in Fiscal Year 1986-87 (“Test 1”); (b) the amount of 

State and local proceeds of taxes appropriated to K-14 schools in the prior year, adjusted for changes in the cost of living 

(measured as in Article XIII B by reference to State per capita personal income) and enrollment (“Test 2”); or (c) a third test, 

which would replace Test 2 in any year in which the percentage growth in State per capita personal income is greater than the 

percentage growth on per capita General Fund revenues plus one-half of one percent (“Test 3”). 

Under Test 3, schools would receive the amount of State and local proceeds of taxes appropriated to K-l4 schools in the prior 

year adjusted for changes in enrollment and per capita General Fund revenues, plus an additional small adjustment factor. If Test 

3 is used in any year, the difference between Test 3 and Test 2 would become a “credit” to schools which would be the basis of 

payments in future years when per capita General Fund revenue growth exceeds per capita personal income growth. Legislation 

adopted prior to the end of the 1988-89 Fiscal Year, implementing Proposition 98, determined the K-14 schools’ funding 

guarantee under Test 1 to be 40.3% of the General Fund tax revenues, based on 1986-87 appropriations. However, that 

percentage has been adjusted to 34% to account for a subsequent redirection of local property taxes, since such redirection 

directly affects the share of General Fund revenues to schools. 

Proposition 98/111 permits the Legislature by two-thirds vote of both houses, with the Governor’s concurrence, to suspend the K 

14 schools’ minimum funding formula for a one-year period. This guarantee was suspended in 2004-05, initially with the 

agreement of the Education Coalition (an alliance of major education interest groups), and effectively reduced the amount schools 

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166

eceived by $2 billion. The Legislature ratified the suspension in Senate Bill 1101. However, the Education Coalition agreed to 

the suspension under the terms that Proposition 98 funding would be reduced for only one year, the year of the State budget crisis, 

by a maximum of $2 billion; and if the situation were to improve, funding would be restored. But when the State’s finances did 

improve, funding was not restored to the same level it at which it would have been, had the suspension not occurred. 

Subsequently, the State Superintendent of Public Instruction Jack O’Connell filed a lawsuit jointly with the California Teachers 

Association against Governor Arnold Schwarzenegger over this loss in Proposition 98 funding. On May 10, 2006, the two sides 

reached an agreement whereby, in effect, the State would repay all losses incurred due to the suspension, with payments to be 

made annually through 20 13-14. 

Since Proposition 98/I 11 is unclear in some details, there can be no assurance that the Legislature or a court might not interpret it 

to require a different percentage of General Fund revenues to be allocated to K-14 districts or to apply the relevant percentage to 

the State’s budget in a different way. Proposition 98/Ill may place increasing pressure on the State’s budget in future years, 

potentially reducing resources available for other State programs, especially to the extent that the Article XIIIB spending limit 

would restrain the State’s ability to fund these other programs by raising taxes. 

Proposition 98/111 also changes how tax revenues in excess of the State’s appropriations limit are distributed. Any excess State 

tax revenues up to a specified amount would, instead of being returned to taxpayers, be transferred to K-14 districts. Such 

transfer would be excluded from the appropriations limits for K-14 districts and the K-14 schools’ appropriations limits for the 

next year would automatically be increased by the amount of such transfer. These additional moneys would enter the base 

funding calculation for K-14 districts for subsequent years, creating further pressure on other portions of the State budget, 

particularly if revenues decline in a year following an Article XIIIB surplus. The maximum amount of excess tax revenues which 

could be transferred to schools is four percent of the minimum State spending for education mandated by Proposition 98/111, as 

described above. 

Proposition IA. On November 2, 2004, California voters approved Proposition 1A amending the State Constitution to 

significantly reduce the State’s authority over major local government revenue sources. Under Proposition 1A, the State may not 

reduce any local sales tax rates or alter the method of allocation, shift property taxes from local governments to schools or 

community colleges, make changes in how property taxes revenues are shared among local governments without two-thirds 

approval of both house of the State Legislature, and decrease vehicle license fees without providing local governments with equal 

replacement funding. 

Under Proposition IA, beginning in fiscal year 2008-09, the State may divert no more than eight percent of local property tax 

revenues for State purposes (including but not limited to funding K-l2 education) only if: (i) the Governor declares such action to 

be necessary due to a State fiscal emergency, (ii) two-thirds approval of both houses of the State Legislature, (iii) the amount 

diverted is required to be repaid within three years, and (iv) certain other conditions are met. 

Article XIIJC and Article XIIID. On November 5, 1996, the voters of the State approved Proposition 218, the so-called “Right to 

Vote on Taxes Act.” Proposition 218 added Articles XIIIC and XIIID to the State Constitution, which contain a number of 

provisions affecting the ability of local agencies, including school districts, to levy and collect both existing and future taxes, 

assessments, fees and charges. Among other things, Article XIIIC establishes that every tax is either a “general tax” (imposed for 

general governmental purposes) or a “special tax” (imposed for specific purposes); prohibits special purpose government agencies 

such as school districts from levying general taxes except as allowed by Article XIIIA; and prohibits any local agency from 

imposing, extending or increasing any special tax beyond its maximum authorized rate without a two-thirds vote. Article XIIID 

also provides that no tax may be assessed on property other than ad valorem property taxes imposed in accordance with Articles 

XIII and XIIIA of the State Constitution and special taxes approved by a two-thirds vote under Article XIIIA, Section 4. 

Article XIIIC also provides that the initiative power shall not be limited in matters of reducing or repealing local taxes, 

assessments, fees and charges. The State Constitution and the laws of the State impose a duty on the county treasurer/tax 

collector (of each county) to levy a property tax sufficient to pay debt service on general obligation bonds coming due in each 

year. Legislation adopted in 1997 provides that Article XIIIC will not be construed to mean that any Owner or Beneficial Owner 

of a municipal security assumes the risk of or consents to any initiative measure, which would constitute an impairment of 

contractual rights under the contracts clause of the U.S. Constitution. 

Article XIIID deals with assessments and property-related fees and charges. Article XIIID explicitly provides that nothing in 

Article XIIIC or XIIID shall be construed to affect existing laws relating to the imposition of fees or charges as a condition of 

property development; however it is not clear whether the initiative power is therefore unavailable to repeal or reduce developer 

and mitigation fees imposed by school districts. 

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167

The interpretation and application of Proposition 218 will ultimately be determined by the courts with respect to a number of the 

matters discussed above, and it is not possible at this time to predict with certainty the outcome of such determination. 

Possible Future Actions. Article XIIIA, Article XIIIB and Propositions 39, 46, 98, 111 and 218 and lA were each adopted as 

measures that qualified for the ballot pursuant to the State’s initiative process. From time to time other initiative measures could 

be adopted, further affecting K-14 school districts’ revenues or such districts’ ability to expend revenues. There is no assurance 

that the State electorate or Legislature will not at some future time approve additional limitations which could reduce property or 

other tax revenues and adversely affect the revenues of school districts or require additional expenditures. 

No Liti2ation 

LEGAL MATTERS 

There is no action, suit or proceeding known to be pending or threatened restraining or enjoining the sale and delivery of the 

Bonds, or in any way contesting or affecting the validity thereof or any proceeding of the District taken with respect to the 

issuance or sale of the Bonds, or the pledge or application of moneys or security provided for the payment of the Bonds, or the 

authority of the County or Napa County to levy property taxes to pay principal and interest on the Bonds when due. 

Le2al Opinion 

The validity of the Bonds and certain other legal matters are subject to the approving opinion of Kronick, Moskovitz, Tiedemann 

& Girard, A Professional Corporation, Sacramento, California, Bond Counsel. A complete copy of the proposed form of Bond 

Counsel opinion is set forth in “APPENDIX C” to this Official Statement. Bond Counsel undertakes no responsibility for the 

accuracy, completeness or fairness of this Official Statement. 

Tax Matters 

In the opinion of Kronick, Moskovitz, Tiedemann & Girard, a Professional Corporation, Sacramento, California, Bond Counsel, 

based upon the analysis of existing statutes, regulations, ruling and court decisions, and assuming, among other things, the 

accuracy of certain representations and compliance with certain covenants, the interest on the Bonds is excludable from gross 

income for federal income tax purposes and is exempt from State of California personal income taxes. Bond Counsel is also of 

the opinion that interest on the Bonds is not an item of tax preference for purposes of the alternative minimum tax imposed on 

individuals and corporations, noris such interest taken into account when determining adjusted current earnings for the purpose of 

computing the alternative minimum tax imposed on certain corporations. A complete copy of the proposed form of Opinion of 

Bond Counsel is set forth in “APPENDIX C” hereto. 

The amount, if any, by which the issue price of any maturity of the Bonds is less than the amount to be paid at maturity of such 

Bonds (excluding amounts stated to be interest and payable at least annually over the term of such Bonds) constitutes “original 

issue discount,” the accrual of which, to the extent properly allocable to each owner thereof, is treated as interest on the Bonds 

which is excluded from gross income for federal income tax purposes and which is exempt from State of California personal 

income taxes. For this purpose, the issue price of a particular maturity of the Bonds is the first price at which a substantial 

amount of such maturity of the Bonds is sold to the public (excluding bond houses, brokers, or similar persons, or organizations 

acting in the capacity of underwriters, placement agents, or wholesalers). The original issue discount with respect to any maturity 

of the Bonds accrues daily over the term to maturity of such Bonds on the basis of a constant interest rate compounded 

semiannually (with straight-line interpolations between compounding dates). The accruing original issue discount is added to the 

adjusted basis of such Bonds to determine taxable gain or loss upon disposition (including sale, redemption, or payment on 

maturity) of such Bonds. Owners of the Bonds should consult their own tax advisors with respect to the tax consequences of 

ownership of Bonds with original issue discount, including the treatment of purchasers who do not purchase such Bonds in the 

original offering to the public at the first price at which a substantial amount of such Bonds is sold to the public. 

Bonds purchased, whether at original issuance or otherwise, for an amount greater than their principal amount payable on their 

respective maturity dates (or, in some cases, at their earlier call date) (“Premium Bonds”) will be treated as having amortizable 

bond premium. No deduction is allowable for the amortizable premium in the case of bonds, like the Premium Bonds, the interest 

on which is excluded from gross income for federal income tax purposes. However, a purchaser’s basis in a Premium Bond, and 

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168

under Treasury Regulations the amount of tax exempt interest received, will be reduced by the amount of amortizable premium 

properly allocable to such purchaser. Owners of Premium Bonds should consult their own tax advisors with respect to the proper 

treatment of amortizable premium in their particular circumstances. 

The Internal Revenue Code of 1986, as amended, (the “Code”) imposes various restrictions, conditions, and requirements relating 

to the exclusion from gross income for federal income tax purposes of interest on obligations such as the Bonds. The District has 

covenanted to comply with certain restrictions designed to assure that interest on the Bonds will not be included in federal gross 

income. Failure to comply with these covenants may result in interest on the Bonds being included in federal gross income, 

possibly from the date of issuance of the Bonds. The opinion of Bond Counsel assumes compliance with these covenants. Bond 

Counsel has not undertaken to determine (or to inform any person) whether any actions taken (or not taken) or events occurring 

(or not occurring) after that date of issuance of the Bonds may adversely affect the tax status of interest on the Bonds. 

Prospective Bondholders are urged to consult their own tax advisors with respect to proposals to restructure the federal income 

tax. 

Although Bond Counsel expects to render an opinion that interest on the Bonds is excludable from gross income for federal 

income tax purposes and exempt from State of California personal income taxes, the ownership or disposition of, or the accrual or 

receipt of interest on, the Bonds may otherwise affect a Beneficial Owner’s federal or state tax liability. The nature and extent of 

these other tax consequences will depend upon the particular tax status of the Beneficial Owner or the Beneficial Owner’s other 

items of income or deduction. Bond Counsel expresses no opinion regarding any such other tax consequences. 

In addition, no assurance can be given that any future legislation, including amendments to the Code, if enacted into law, or 

changes in interpretation of the Code, will not cause interest on the Bonds to be subject, directly or indirectly, to federal and/or 

state income taxation, or otherwise prevent beneficial owners of the Bonds from realizing the full current benefit of the tax status 

of such interest. An example is the American Jobs Act of 2011 (5. 1549), proposed by the President and introduced in the Senate 

on September 13, 2011. If enacted, as introduced, a provision of S. 1549 would limit the amount of exclusions (including taxexempt 

interest) and deductions available to certain high-income taxpayers for taxable years after 2012. In addition, such 

limitation could affect the market price or marketability of the Bonds. Prospective purchasers of the Bonds should consult their 

own tax advisers regarding any pending or proposed federal and/or state tax legislation. Further, no assurance can be given that 

the introduction or enactment of any such future legislation, or any action of the Internal Revenue Service (“IRS”), including but 

not limited to regulation, ruling, or selection of the Bonds for audit examination, or the course or result of any IRS examination of 

the Bonds, or obligations that present similar tax issues, will not affect the market price or liquidity of the Bonds. 

The rights of the owners of the Bonds and the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, 

moratorium, and other similar laws affecting creditor’s rights heretofore or hereafter enacted to the extent constitutionally 

applicable, and their enforcement may also be subject to the exercise of judicial discretion in appropriate cases. 

The Internal Revenue Service has initiated an expanded program for the auditing of tax-exempt bond issues, including both 

random and target audits. It is possible that the Bonds will be selected for audit by the Internal Revenue Service. It is also 

possible that the market value of the Bonds might be affected as a result of such an audit of the Bonds (or by an audit of similar 

bonds). 

Legality for Investment 

Under provisions of the State Financial Code, the Bonds are legal investments for commercial banks in the State to the extent that 

the Bonds, in the informed opinion of the investing bank, are prudent for the investment of funds of depositors. Under provisions 

of the State Government Code, the Bonds are eligible to secure deposits of public moneys in the State. 

RATING 

Moody’s Investors Service (“Moody’s’) has assigned a municipal bond rating of ‘L” to the Bonds. Such rating reflects only the 

views of such organization and an explanation of the significance of such rating may be obtained from Moody’s. There is no 

assurance that any such rating will continue for any given period of time or that it will not be revised downward or withdrawn 

entirely by the rating agency, if in the judgment of the rating agency, circumstances so warrant. Any such downward revision or 

withdrawal of such rating may have an adverse effect on the market price of the Bonds. 

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169

FINANCIAL ADVISOR 

Government Financial Strategies inc. has been employed by the District to perform financial advisory services in relation to the 

sale and delivery of the Bonds. Government Financial Strategies inc., in its capacity as financial advisor, has read and 

participated in drafting certain portions of this Official Statement. Government Financial Strategies inc. has not, however, 

independently verified nor confirmed all of the information contained within this Official Statement. Government Financial 

Strategies inc. will not participate in the underwriting of the Bonds. Fees charged by Government Financial Strategies inc. are not 

contingent upon the sale of the Bonds. 

INDEPENDENT AUDITORS 

The basic financial statements of the District as of and for the year ending June 30, 2010, have been audited by Perry-Smith LLP, 

Sacramento, California. Selected information concerning the financial statements of the District as of and for the year ended June 

30, 2010, are set forth in “APPENDIX A” attached hereto. The District has not requested nor did the District obtain permission 

from Perry-Smith LLP to include the audited financial statements as an appendix to this Official Statement. Perry-Smith LLP has 

not performed any subsequent events review or other procedures relative to these audited financial statements, since the date of its 

letter. Complete copies of all past and current financial statements may be obtained from the District. 

UNDERWRITING AND INITIAL OFFERING PRICE 

The Bonds were sold to___________ (the “Underwriter”) pursuant to a bond purchase agreement by and among the District and 

the Underwriter for $ , an amount equal to the principal amount of the Bonds, plus an original issue premium of 

$ , less an underwriting discount of $ , at a true interest cost (TIC%) to the District of 

The Underwriter has certified the initial offering prices or yields stated on the cover page to this Official Statement. The 

Underwriter may offer and sell the Bonds to certain dealers (including dealers depositing Bonds into investment trusts), dealer 

banks, banks acting as agents and others at prices lower than said public offering prices. The reoffering prices may be changed 

from time to time by the Underwriter. 

CONTINUING DISCLOSURE 

The District has covenanted for the benefit of the holders and Beneficial Owners of the Bonds to provide certain, financial 

information and operating data relating to the District (the “Annual Report”), by not later than March 1 of each year, commencing 

with the report for the 2010-11 fiscal year (which is due no later than March 31, 2012), and to provide notices of the occurrence 

of certain enumerated events. The Annual Report and notices of certain enumerated events will be filed by the District with the 

Municipal Securities Rulemaking Board through its Electronic Municipal Market Access system. The specific nature of the 

information to be contained in the Annual Report or the notices are set forth in “APPENDIX B—FORM OF CONTINUING 

DISCLOSURE CERTIFICATE.” These covenants have been made in order to assist the Underwriter in complying with S.E.C. 

Rule I5c2-12(b)(5) (the “Rule”). Within the past five years, the District has [ failedi to comply in all material respects with 

all previous undertakings with regard to said Rule to provide annual reports or notices of material events. 

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170

ADDITIONAL INFORMATION 

Additional information concerning the District, the Bonds or any other matters concerning the sale and delivery of the Bonds may 

be obtained by contacting the District through the Assistant Superintendent, Business Services at the address and telephone 

number set forth on page “iii” of this Official Statement, or by contacting Government Financial Strategies inc. at the address and 

telephone number set forth on page “iii” of this Official Statement. 

The execution and delivery of this Official Statement by the District has been duly authorized by its governing board. 


By: 

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171 

Jacki L. Cottingim-Dias, Ph.D. 

Superintendent

APPENDIX A 

THE FINANCIAL STATEMENTS OF THE DISTRICT AS OF AND FOR THE YEAR ENDING JUNE 30, 2010 

172

[TO COMEI 

173

APPENDIX B 

FORM OF CONTINUING DISCLOSURE CERTIFICATE 

174

[TO COME] 

175

APPENDIX C 

PROPOSED FORM OF BOND COUNSEL OPINION 

176

[TO COME] 

177

APPENDIX D 

SOLANO COUNTY INVESTMENT POLICY 

178

SOLANO COUNTY TREASURER 

Introduction 

INVESTMENT POLICY 

This policy is designed to provide guidance, control, and direction for the management of 

surplus funds entrusted to the care of the Solano County Treasurer. These funds are 

segregated into two portfolios, the portfolios being the Treasury Pool, and Bond 

Proceeds. The guidelines and restrictions found herein shall be applied to all actions 

taken after March 8th 2011 and shall remain in effect until replaced. 

In accordance with the recommendation of California Government Code §53646, a copy 

of this policy is on file with the Solano County Board of Supervisors. 

General Policy Statement 

It is the policy of the Solano County Treasurer to invest public funds in a manner that 

provides security of principal, sufficient liquidity to ensure that the specific portfolio is 

able to meet its cash flow needs, and generates returns consummate with the inherent 

risks being managed. This practice is generally referred to as the “SLY” principal; which 

is Safety, Liquidity, and Yield. 

Treasury Pool 

Participants 

The policy of the Treasurer-Tax Collector-County Clerk is to restrict deposits to those 

agencies mandated by Government Code as Treasury depositors. 

Conditioned on the consent of the Treasurer, exemptions may be granted subject to 

Government Code §53684 for non-mandatory depositing agencies, if it is determined that the 

additional deposit provides a benefit to the Treasury Pool as a whole while not creating an 

unmanageable liquidity risk. 

Non-mandated depositors may be subject to specific transactional limitations that mitigate 

the non-mandated deposit liquidity risk. These restrictions may include but are not limited to 

restrictions on the number of transactions per month, on the size of individual transactions, 

and on the amount of notification time required before processing a• transaction. Nonmandated 

depositors must agree to the terms and conditions of deposit prior to the 

Treasurer’s acceptance of any non-mandated funds. 

13 Attachment C 

179

As a default, these restrictions shall be not more than five transactions per month, not more 

than the lesser of five million dollars or one percent of the portfolio in aggregate transaction 

totals per month, and a minimum of thirty days prior notification for any transaction. 

Withdrawal Requests 

in accordance with Government Code §27136, all depositors whether mandated or not must 

submit a written proposal to the Treasurer if they wish to withdraw funds for the purpose of 

investing them outside the Treasury Pool. The Treasurer will evaluate each proposal and its 

impact on the overall safety and soundness of the pool. Based on the sole discretion of the 

Treasurer and/or his or her specified designees, proposals deemed to cause harm or pose risk 

of harm to the Treasury Pool will be rejected. Such rejection shall prevent the withdrawal of 

the funds. 

Portfolio Restrictions 

As with all local agency pools in California; the Solano County Treasurer’s Pool is 

governed by the tenets of Government Code §53600 et seq. In addition to these tenets 

the portfolio is further restricted to the following percentages based on book value at the 

time of purchase. 

a) Bonds issued by Solano County as the local agency 

i. Not more than 20% of the portfolio 

ii. Maximum maturity of 30 years in accordance with Resolution 2008-96 

b) Treasury Bills, Notes, Bonds, and other Certificates of Indebtedness backed 

by the full faith and credit of the United States Government 

i. No restrictions above those mandated by §5360 1 

c) Registered state warrants or treasury notes or bonds of the State of California 



d) Registered treasury notes or bonds issued by states other than the State of 

California 

i. Not more than 20% of the portfolio. 


e) Bonds, notes, warrants, or other evidences of indebtedness of any local agency 

within the State of California not including Solano County 



f) Federal Agency or United States government-sponsored enterprise 

obligations, participations, or other instruments 


ii. Not more than 50% of the portfolio in any single agency 

g) Bankers Acceptances 



1 Rfl

h) Commercial Paper 

i. Must be credit rated the equivalent of “A-i” or higher by at least two 

nationally recognized statistical rating organizations. 

i) Negotiable Certificates of Deposit 


j) Repurchase Agreement or Reverse Repurchase Agreements Collateral 

i. No restrictions above those mandated by §53601 

k) Corporate Bonds, Notes, or other Certificates of Indebtedness 


I) Shares ofBeneficial Interest 


m) Bond Proceeds 


n) Security Interests 

1. No restrictions above those mandated by §53601 

o) Any mortgage or other asset backed pass-through security or collateralization 

i. No restrictions above those mandated be §53601 

p) JPA Participations 


q) Other Restrictions 

i. Currently callable securities restricted to not more than 60% of the 

portfolio. Restriction does not apply to make whole calls. 

ii. Securities downgraded to below investment grade shall be reviewed and 

sold at market prices if the determination is made that they present a 

material risk to the portfolio liquidity. 

r) Commercial Bank, Savings Bank, Savings and Loan Association, or Credit 

Union Certificate distribution mechanisms. 

i. No Restrictions above those mandated by §5360 1 

Reporting: In accordance with the recommendations of Government Code 

§53646 the Treasurer will publish a detailed report each investment at least quarterly 

showing the issuer, type of investment, maturity date, and par value. The report will also 

disclose the amount of liquidity available to meet cash flow demands for the subsequent 

six month period. 

In addition, it is the practice of the Treasurer to provide additional and more 

frequent information to provide transparency in Treasury Operations. These reports 

include: 

a) A monthly summary report showing the Ending Assets, Monthly Average 

Assets, and Summary Income, and Net Asset Value of the Treasury Pool 

portfolio. 

15 AffachmentC 

181

) Detailed supporting documentation for asset balances, income, and net asset 

values. 

c) Reconciliations of all bank and trust accounts are filed and retained for five 

years. 

Standard of Care: The following policies are designed in accordance with 

Government Code §53600.3 to provide transparency to Treasury operations while 

enhancing portfolio controls. 

a) Mark to Market: The portfolio will be marked to market on a monthly or 

more frequent basis. 

b) Security Settlement: Securities will be settled on a Delivery Versus 

Payment (DVP) basis through a third party Trustee acting as the County’s 

custodial agent. 

c) Wires, ACH’s, and other electronic transfers: Electronic Transfers will 

require either dual control in the establishment of a repetitive transaction or 

dual control in the release of a non repetitive transaction. 

d) Prudent Investor: Treasury staff will at all times be held to the “Prudent 

Investor Standard” when investing, reinvesting, purchasing, acquiring, 

exchanging, selling, or managing public funds. The County Treasurer and 

his/her deputies shall act with care, skill, prudence, and diligence under the 

circumstances then prevailing, specifically including, but not limited to, the 

general economic conditions and the anticipated needs of the County and 

other depositors that a prudent person acting in a like capacity and familiarity 

with those matters would use in the conduct of investing funds of a like 

character and with like aims to safeguard the principal and maintain the 

liquidity needs of the County and other depositors. 

e) Indemnification: The Treasurer and his or her staff, when acting in 

accordance with written procedures and this investment policy and exercising 

due diligence shall be relieved of personal responsibility for an individual 

security’s credit risk or market price changes. Investments shall be made with 

judgment and care under circumstances then prevailing, which persons of 

prudence, discretion and intelligence exercise in the management of their own 

affairs. Investments will not be made for speculation but for investment 

considering safety of capital as well as probable income to be derived. 

Ethics and Conflicts of Interest: County Officers involved in the investment 

process shall refrain from personal business activity that could conflict with 

the proper execution and management of the investment program or that could 

impair their ability to make impartial decisions. Treasury personnel making 

investment decisions shall refrain from conducting personal investment 

transactions with the same individual firm with whom business is conducted 


I 9

on behalf of the County. The receipt of gifts is subject to the disclosure 

requirements and limitations set forth in sections 87200 and 89503 of the 

Government Code. In addition, the receipt of Honoraria is prohibited. 

g) Delegation of Authority — Government Code §53 607: California 

Government Code §53607 authorizes the County Board of Supervisors the 

authority to delegate the investment function to the County Treasurer for a 

one-year period. The Treasurer shall thereafter assume full responsibility for 

those transactions until the authority is revoked or expires. 

h) Transactions Records: A detailed description and confirmation will be 

maintained for each security. 

Financial Dealers and Institutions: As a trustee of public funds held on behalf 

of other governing bodies it is the Treasurer’s policy to use those financial institutions 

and financial service providers who provide the greatest investment benefit to the pool 

participants. 

a) Issues of public social concern and benefit will be evaluated on a case by case 

basis using the minimum criteria that to be eligible to receive County funds, 

all banks, savings associations or federally insured industrial loan companies 

must have received an overall rating of not less than “satisfactory” in its most 

recent evaluation by the appropriate federal financial supervisory agency of its 

record meeting the credit needs of California’s communities, including low, 

moderate income neighborhoods pursuant to Section 2906 of Title 12 of the 

United States Code. 

b) Any decision to conduct financial transactions with an entity shall be made 

exercising the care, skill, prudence and diligence under the circumstances then 

prevailing, which persons of prudence, discretion and intelligence exercise in 

the management of their own affairs. 

c) Authorization of Broker/Dealers to conduct business with the County is in the 

sole discretion of the Treasurer. In order to assist in the dctermination process, 

Broker/Dealers must provide reasonable proof of qualifications. The criteria 

for authorization of Broker/Dealers are as follows: 

i. Any individual Broker/Dealer or Broker/Dealer firm that has made any 

political contribution at any time during the prior 48 months that exceeds 

the limitations contained in Rule G-37 of the Municipal Securities 

Rulemaking Board shall be barred from consideration. 

ii. Individual Broker/Dealers and Broker/Dealer firms must be in good 

standing with the NASD. 

iii. Individual Broker/Dealer and Broker/Dealer firms must be licensed to 

conduct business in the State of California. 


183

Auditing: Pursuant to Government §26920 the Treasury undergoes a quarterly 

review of the Treasurer’s statement of assets conducted by the Internal Audit division of 

the Auditor-Controller’s office. The Auditor’s review shall be accomplished in 

accordance with the Statements on Standards for Accounting and Review Services issued 

by the American Institute of Certified Public Accountants. The Treasurer shall prepare a 

statement showing the amount and type of assets in the County Treasury as of the date of 

the review. The review shall include: 

a) Counting cash in the Treasury. 

b) Verifying that the records of the County Treasurer and Auditor are reconciled 

pursuant to California Government Code § 26905 

c) Issuing a report to the Board of Supervisors in accordance with the Statements 

on Standards of Accounting and Review Services issued by the American 

Institute of Certified Public Accountants. 

d) On an annual basis, the Internal Audit Division of the Auditor-Controller’s 

Office shall perform or cause to be performed an audit of the assets in the 

County Treasury and express an opinion whether the Treasurer’s statement of 

assets is presented fairly and in accordance with generally accepted 

accounting principles. 

e) The report shall be addressed to the Board of Supervisors. The quarterly 

review referenced above need not be performed for the period when an audit 

is conducted. 

1) The County’s Oversight Committee, if applicable, will cause an annual 

compliance audit to be conducted to ensure compliance with the Investment 

Policy. 

Policy Exemptions: Any investment currently held in the portfolio that does not 

meet the guidelines established in this policy is exempted from the requirements of this 

policy. At maturity or liquidation, such monies shall be reinvested only as provided by 

this policy. 

In accordance with California Government Code Section §53601 the Treasurer 

retains the right to petition the Solano County Board of Supervisors for approval to invest 

in securities with a final maturity in excess of five years. The Solano County Board of 

Supervisors adoption of any resolution allowing maturities beyond five years shall be 

considered an allowed modification to this policy and any investments made in 

accordance with the modification shall be allowable under this policy. 

The Board’s previously granted exception in the form of Resolution 2008-96 on 

April 22, 2008 shall remain in effect regarding the purchase of extended maturity 

securities. 


.4 flA

Compensation: In accordance with Government Code § 27013, 53684 The 

Treasurer-Tax Collector-County Clerk will charge all pool participants for administrative 

and overhead costs. Costs include, but are not limited to, employee salaries & benefits, 

portfolio management, bank and custodial fees, software maintenance fees, and other 

indirect costs incurred from handling or managing funds. In addition, when applicable, 

the costs associated with the Treasury Oversight provisions of Government Code § 

27130-27137 shall be included as administrative costs. Costs will be deducted from 

interest earnings on the pool prior to apportioning and payment of interest. The 

Treasurer-Tax Collector-County Clerk shall annually prepare a proposed budget 

providing a detailed itemization of all estimated costs which comprise the administrative 

fee charged in accordance with California Government Code § 27013. The administrative 

fee will be subject to change. Fees will be deducted from interest earnings. 

Interest Apportionment: The Solano County Investment Pool is comprised of 

monies from multiple units of the county, schools, agencies and districts. Each entity has 

unique cash flow demands, which dictate the type of investments the Treasurer must 

purchase. To ensure parity among the pool members when apportioning interest, the 

following procedures have been developed. 

a) Interest is apportioned on an at least quarterly basis in accordance with the 

California Government Code. 

b) Interest is apportioned to pooi participants based on the participants’ average 

daily fund balance as determined by the Auditor-Controller. 

c) Interest is calculated on an accrual basis for all investments in the Treasurer’s 

Pool by the Treasurer and reported to the Auditor-Controller for distribution 

into the funds of the participants. 

d) The Auditor-Controller deducts accounting fees and makes any adjustments 

from the interest earning and apportions the remaining earnings to all 

participants based on the positive avcrage daily balance. 

e) Negative average daily fund balance will be charged interest at the rate of 

interest that is being apportioned. 

Withdrawing Funds from the Pool: California Government Code §27 136 

requires that the Treasurer approve all withdrawals from the investment pool for the 

purpose of investing or depositing those funds outside the County Treasury Pool. 

Transactions by Non Mandatory Depositors will be at a minimum subject to the 

limitations as described in Treasurer’s Pool Participants section of this policy. 

Special Investments: Solano County operates a Pooled Investment Portfolio. All 

monies from all units of government, schools, agencies and districts deposited into the 

treasury are combined into one portfolio. The purpose of the combined portfolio is to 

increase participant’s liquidity and not limit them to specific investments. This portfolio 


185

is managed as a unit based on a calculated combined cash flow of all the participants. No 

exceptions to the combined pool are allowed and no special investments are permitted for 

any agency. The only monies not combined in the pool are those bond revenue monies 

authorized in the bond closing documents to be deposited somewhere other than the 

Treasury pool. 

Extended Maturity Purchases 

In accordance with Resolution 2008-96; the Treasurer is authorized to purchase and hold 

municipal securities issued by the State of California or a political subdivision within the 

State of California with maturities beyond five years in an aggregate amount not to 

exceed ten percent of the portfolio. 

Bond Proceeds Portfolio 

As needed, the Treasurer may be entrusted to manage and direct the proceeds of specific 

bond issuances or other evidences of indebtedness. These include but are not limited to 

General Obligations of the County, County TRANs, School General Obligations, School 

TRANs, and State or other entity provided loans to local agencies including School 

Districts. 

Participation: Participation in a bond proceeds portfolio is restricted to the terms 

of the specific issues trust agreement or as directed by the appropriate legal counsel. 

Establishment of a segregated investment will be by mutual agreement of the requesting 

agency and the Treasurer 

Portfolio Restrictions: Funds in this portfolio will he governed by the Tenets of 

the Trust Agreement, and the standards of the Prudent Investor. 

a) Investments in this portfolio are not subject to the limitations of §53601 - 

§53609 inclusive. 

b) For tax purposes portfolio investments may be restricted to arbitrage 

securities. 

c) As a result of spending restrictions, portfolio funds may be invested in 

securities with up to a forty-year duration. 

Reporting: This portfolio shall be subject to the same reporting standards as the 

Treasurer’s Pool 

Standard of Care: This portfolio shall be subject to the same standards of care as the 

Treasurer’s Pool. 

Financial Dealers and institutions: This portfolio shall be subject to the same 

standards as the Treasurer’s Pool. 

1 

20 Attachment C

Auditing: This portfolio shall be held to the same audit standards as the Treasurer’s 

Pool. 

Policy Exemptions: This portfolio shall be subject to the same exemptions as the 

Treasurer’s Pool. 

Compensation: The Treasury will negotiate compensation agreement for each 

bond issuance. 

Interest Apportionment: Net income will be apportioned quarterly or more 

frequently to the fund. 

Withdrawing funds from the Portfolio: Withdrawals are subject to the limitations 

and restrictions as described in the Trust Agreement. Any gains or losses realized as a 

result of changes in the anticipated withdrawal schedule will be apportioned to the 

depositor’s fund. 

Special Investments: Special investments are subject to the restrictions of the 

individual bond issuance as described in the Trust Agreement or as directed by the 

appropriate legal counsel 


1 7

1228 N Street, Suite 13 

Sacramento, CA 95814 

(916) 444-5100 

188

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APPENDIX B 

FORM OF CONTINUING DISCLOSURE CERTIFICATE 

$[PAR AMOUNT] 




Dated: [Closing Date] 

This Continuing Disclosure Certificate (the “Disclosure Certificate”) is delivered by the Fairfield 

Suisun Unified School District (the “District”) in connection with the issuance of the above-referenced 

bonds (the “Bonds”) pursuant to a Paying Agent Agreement dated November 1, 2011 (the “Paying Agent 

Agreement”), between the District and U.S. Bank National Association (the “Paying Agent”). The 

District covenants and agrees as follows: 

Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being 

delivered by the District for the benefit of the beneficial owners of the Bonds and to assist the 

Participating Underwriters in complying with S.E.C. Rule I 5c2-12(b)(5). 

Section 2. Definitions. Unless the context otherwise requires, the definitions set forth in the 

Paying Agent Agreement apply to this Disclosure Certificate. The following additional capitalized terms 

shall have the following meanings: 

Annual Report means any report provided by the District pursuant to, and as described in, 

Sections 3 (Provision of Annual Reports) and 4 (Content of Annual Reports) of this Disclosure 

Certificate. 

Beneficial Owner means any person that (a) has or shares the power, directly or indirectly, to 

make investment decisions concerning ownership of any Bonds (including persons holding Bonds 

through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for 

federal income tax purposes. 

Bondholders means either the registered owners of the Bonds, or, if the Bonds are registered in 

the name of The Depository Trust Company or another recognized depository, any Beneficial Owner or 

applicable participant in its depository system. 

Dissemination Agent means the District, or any successor Dissemination Agent designated in 

writing by the District and that has filed with the District a written acceptance of such designation. 

EMMA or Electronic Municipal Market Access means the centralized on-line repository for 

documents filed with the MSRB, such as official statements and disclosure information relating to 

municipal bonds, notes and other securities as issued by state and local governments. 

Listed Events means any of the events listed in Section 5(a) (Reporting of Significant Events — 

Significant Events) of this Disclosure Certificate. 

MSRB means the Municipal Securities Rulemaking Board, which has been designated by the 

Securities and Exchange Commission as the sole repository of disclosure information for purposes of the 

98129514982.1 B—i 

190

Rule, or any other repository of disclosure information, which may be designated by the Securities and 

Exchange Commission as such for purposes of the Rule in the future. 

Bonds. 

Official Statement means the final Official Statement dated October , 2011 relating to the 

Opinion of Bond Counsel means a written opinion of a law firm or attorney experienced in 

matters relating to obligations the interest on which is excludable from gross income for federal income 

tax purposes. 

Participating Underwriter means any of the original underwriters of the Bonds required to 

comply with the Rule in connection with offering of the Bonds. 

Repositories means MSRB or any other repository of disclosure information that may be 

designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. 

(As of the date of this Certificate, there is no California state information repository.) 

Rule means Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the 

Securities Exchange Act of 1934, as the same may be amended from time to time. 


Section 3. Provision of Annual Reports. 

a. Delivery of Annual Report to Repositories. The District shall, or shall cause the 

Dissemination Agent to, not later than nine (9) months after the end of the District’s fiscal year (which 

currently ends on June 30), commencing March 31, 2012 with the report for the 2010-2011 Fiscal Year, 

provide to the Repositories an Annual Report that is consistent with the requirements of Section 4 

(Content of Annual Reports) of this Disclosure Certificate. The Annual Report may be submitted as a 

single document or as a package of separate documents and may include by cross-reference other 

information as provided in Section 4 (Content of Annual Reports) of this Disclosure Certificate; provided 

that the audited financial statements of the District may be submitted separately from the balance of the 

Annual Report and later than the date required above for the filing of the Annual Report if they are not 

available by that date. 

b. Change of Fiscal Year. If the District’s fiscal year changes, it shall give notice of 

such change in the same manner as for a Listed Event under Section 5(d) (Notice of Listed Events). 

c. Delivery of Annual Report to Dissemination Agent. Not later than fifteen (15) 

Business Days prior to the date specified in subsection (a) for providing the Annual Report to the 

Repositories, the District shall provide the Annual Report to the Dissemination Agent (if other than the 

District). If by such date, the Dissemination Agent has not received a copy of the Annual Report, the 

Dissemination Agent shall notify the District. 

d. Report of Non-Compliance. If the District is unable to provide an Annual Report 

to the Repositories by the date required in subsection (a), the Dissemination Agent shall send a notice to 

the Repositories in substantially the form attached as Exhibit A. 

e. Annual Compliance Certification. The Dissemination Agent shall if the 

Dissemination Agent is other than the District, file a report with the District certifying that the Annual 

Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided. 

981295.1 4982.1 B-2 

191

Section 4. Content of Annual Reports. The District’s Annual Report shall contain or 

include by reference the following: 

a. Finajcjal Statements. The audited financial statements of the District for the 

prior fiscal year, prepared in accordance with generally accepted accounting principles. If the District’s 

audited financial statements are not available by the time the Annual Report is required to be filed 

pursuant to Section 3(a) (Provision of Annual Reports -- Delivery of Annual Report to Repositories), the 

Annual Report shall contain unaudited financial statements in a format similar to the financial statements 

contained in the final Official Statement, and the audited financial statements shall be filed in the same 

manner as the Annual Report when they become available; 

b. Most Recent Interim Financial Report. The most recent Interim Financial Report 

submitted by the Superintendent to the District’s governing board in accordance with Education Code 

section 42130 (or its successor statutory provision) together with any supporting materials submitted to 

the governing board; 

year; 

c. Annual Budget. The District’s approved annual budget for the then-current fiscal 

d. Assessed Value. Assessed value of taxable property (secured, unsecured, and 

total) in the District as shown on the most recent equalized assessment roll; and 

e. Average Daily Attendance. The most recently available Average Daily 

Attendance for the District. 

f. Tax Delinquencies. Property tax levies, äollections, and delinquencies for the 

District for the immediately preceeding fiscal year as of June 30, if taxes for the District are no longer 

collected under the County’s Teeter Plan. 

Any or all of the items listed above may be included by specific reference to other documents, including 

official statements of debt issues of the District or related public entities that have been submitted to each 

of the Repositories or the Securities and Exchange Commission. If the document included by reference is 

a final official statement, it must be available from the Municipal Securities Rulemaking Board. The 

District shall clearly identify each such other document so included by reference. 

Section 5. Reporting of Significant Events. 

a. Significant Events. Pursuant to the provisions of this Section, the District shall give, or 

cause to be given, notice of the occurrence of any of the following events with respect to the Refunding 

Bonds: 

(1) principal and interest payment delinquencies; 

(2) non-payment related defaults, if material; 

(3) unscheduled draws on debt service reserves reflecting financial difficulties; 

(4) unscheduled draws on credit enhancements reflecting financial difficulties; 

(5) substitution of credit or liquidity providers, or their failure to perform; 

(6) the issuance by the Internal Revenue Service of proposed or final determinations of 

taxability, or Notices of Proposed Issue (IRS Form 570 1-TEB); 

(7) unless described in subsection (a)(6) above, adverse tax opinions or or other material 

notices or determinations by the Internal Revenue Service with respect to the tax status of 

the Bonds or other material events affecting the tax-exempt status of the Bonds; 

(8) modifications to rights of Bondholders, if material; 

981295.1 4982.1 B-3 

192

(9) Bond calls, if material; - 

(10) tender offers; 

(11) defeasances; 

(12) release, substitution, or sale of property securing repayment of the Refunding Bonds, if 

material; 

(13) rating changes; 

(14) bankruptcy, insolvency, receivership or similar event of the District; 

(15) the consummation of a merger, consolidation, or acquisition, or certain asset sales, 

involving the District, or entry into or termination of a definitive agreement relating to 

the foregoing, if material; 

(16) appointment of a successor or additional trustee or the change of name of the Trustee, if 

material. 

b. Determination of Materiality of Unqualified Listed Events. Whenever the 

District obtains knowledge of the occurrence of an Unqualified Listed Event, the District shall 

immediately determine if such event would be material under applicable federal securities laws. 

c. Notice to Dissemination Agent. If the District has determined an occurrence of a 

a Listed Event under applicable federal securities laws, the District shall promptly notify the 

Dissemination Agent (if other than the District) in writing. Such notice shall instruct the Dissemination 

Agent to report the occurrence pursuant to subsection (d) (Notice of Listed Events). 

d. Notice of Listed Events. The District shall file, or cause the Dissemination 

Agent to file with the Repositories, a notice of the occurrence of a Listed Event to provide notice of 

specified events in a timely manner not in excess of ten (10) business days after the event’s occurrence. 

Notwithstanding the foregoing, notice of Listed Events described in subsection (a)(9) (bond calls) need 

not be given under this subsection any earlier than the notice (if any) given to Bondholders of affected 

Bonds pursuant to the Paying Agent Agreement. 

Section 6. Filings with MSRB. All documents provided to MSRB under this Disclosure 

Certificate shall be filed in a readable PDF or other electronic format as prescribed by MSRB and shall be 

accompanied by identifying information as prescribed by MSRB. 

Section 7. Termination of Reporting Obligation. The District’s obligations under this 

Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all 

of the Bonds or upon the delivery to the District of an Opinion of Bond Counsel to the effect that 

continuing disclosure is no longer required.. If such termination occurs prior to the final maturity of the 

Bonds, the District shall give notice of such termination in the same manner as for a Listed Event under 

Section 5(d) (Notice of Listed Events). 

Section 8. Dissemination Agent, a. Appointment of Dissemination Agent. The District 

may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its 

obligations under this Disclosure Certificate, and may discharge any such agent, with or without 

appointing a successor Dissemination Agent. If the Dissemination Agent is not the District, the 

Dissemination Agent shall not be responsible in any manner for the content of any notice or report 

prepared by the District pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be 

Government Financial Strategies, inc. 

b. Compensation of Dissemination Agent. The Dissemination Agent shall be paid 

compensation by the District for its services provided hereunder in accordance with its schedule of fees as 

agreed to between the Dissemination Agent and the District from time to time and all expenses, legal fees 

981295.1 4982.1 B—4 

1 93

and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. 

The Dissemination Agent may at any time resign by giving written notice of such resignation to the 


c. Duties. Immunities and Liabilities of Dissemination Agent. The Dissemination 

Agent shall have only such duties as are specifically set forth in this Disclosure Certificate. The District 

agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, 

harmless against any loss, expense, and liability that it may incur arising out of or in the exercise or 

performance of its powers and duties hereunder, including the costs and expenses (including attorneys 

fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s 

negligence or willful misconduct. The Dissemination Agent shall not be deemed to be acting in any 

fiduciary capacity for the District, the Bondholders, or any other party. The Dissemination Agent may 

rely and shall be protected in acting or refraining from acting upon any direction from the District or an 

Opinion of Bond Counsel. The obligations of the District under this Section shall survive resignation or 

removal of the Dissemination Agent and payment of the Bonds. No person shall have any right to 

commence any action against the Dissemination Agent seeking any remedy other than to compel specific 

performance of this Disclosure Certificate. 

Section 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure 

Certificate, the District may amend this Disclosure Certificate (and the Dissemination Agent shall agree 

to any amendment so requested by the District that does not impose any greater duties or risk of liability 

on the Dissemination Agent), and any provision of this Disclosure Certificate may be waived, provided 

that the following conditions are satisfied: 

a. Change in Circumstances. If the amendment or waiver relates to the provisions 

of Sections 3(a) (Delivery of Annual Report to Repositories), 4 (Content of Annual Reports), or 5(a) 

(Significant Events), it may only be made in connection with a change in circumstances that arises from a 

change in legal requirements, change in law, or change in the identity, nature, or status of an obligated 

person with respect to the Bonds, or the type of business conducted; 

b. Compliance as of Issue Date. The undertaking, as amended or taking into 

account such waiver, would have complied with the requirements of the Rule at the time of the original 

issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as 

any change in circumstances, and the District obtains an Opinion of Bond Counsel to that effect; and 

c. Consent of Holders: Non-impairment Opinion. The amendment or waiver either 

(i) is approved by the Bondholders in the same manner as provided in the Paying Agent Agreement for 

amendments to the Paying Agent Agreement with the consent of Bondholders, or (ii) does not materially 

impair the interests of the Bondholders and the District obtains an Opinion of Bond Counsel to that effect. 

If this Disclosure Certificate is amended or any provision of this Disclosure Certificate is waived, the 

District shall describe such amendment or waiver in the next following Annual Report and shall include, 

as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the 

type (or in the case of a change of accounting principles, on the presentation) of financial information or 

operating data being presented by the District. In addition, if the amendment relates to the accounting 

principles to be followed in preparing financial statements, (i) notice of such change shall be given in the 

same manner as for a Listed Event under Section 5(d) (Notice of Listed Events), and (ii) the Annual 

Report for the year in which the change is made should present a comparison (in narrative form and also, 

if feasible, in quantitative form) between the financial statements as prepared on the basis of the new 

accounting principles and those prepared on the basis of the former accounting principles. 

Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed 

to prevent the District from disseminating any other information, using the means of dissemination set 

981295.1 4982.1 B-5 

194

forth in this Disclosure Certificate or any other means of communication, or including any other 

information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is 

required by this Disclosure Certificate. If the District chooses to include any information in any Annual 

Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this 

Disclosure Certificate, the District shall have no obligation under this Disclosure Certificate to update 

such information or include it in any future Annual Report or notice of occurrence of a Listed Event. 

Section 11. Default. If the District fails to comply with any provision of this Disclosure 

Certificate any Bondholder of the Bonds may take such actions as may be necessary and appropriate, 

including seeking mandate or specific performance by court order, to cause the District to comply with its 

obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be 

deemed an Event of Default under the Paying Agent Agreement, and the sole remedy under this 

Disclosure Certificate if the District fails to comply with this Disclosure Certificate shall be an action to 

compel performance. 

Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the 

District, the Dissemination Agent, the Participating Underwriters, and the Bondholders and shall create no 

rights in any other person or entity. 

TN WITNESS WHEREOF, the District has caused this Continuing Disclosure Certificate to be 

executed by its authorized officer as of the day and year first above written. 

FAIR1?IELDSUIS1JN uNIFIED SCHOOL DISTRICT 

By: 


981295.1 4982.1 B—6 

195

EXHIBIT A 

FORM OF NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT 

Name of District: Fairfield-Suisun Unified School District 

Name of Bonds: FARFIELD-SUISUN UNIFIED SCHOOL DISTRICT 



Date of Delivery: [Closing Date] 

NOTICE IS HEREBY GIVEN that the Fairfield-Suisun Unified School District(the “District”) 

has not provided an Annual Report with respect to the above-named Bonds as required by a Continuing 

Disclosure Certificate executed [Closing Date], with respect to the above-captioned bond issue. The 

District anticipates that the Annual Report will be filed by 

Dated: FAIRFJELD-SUISUN UNIFIED SCHOOL DISTRICT 

981295.1 4982.1 B-7 

196 

[SAMPLE ONLY]


AGENDA ITEM: Vl-D-1 

INFORMATION/ACTION ITEM 


TITLE: Review and Potential Approval of Revised Board Policy 1020, 

Youth Services (District Goal V) 

SUBMITTED BY: Jacki Cottingim-Dias, Ph.D., Superintendent 

SUMMARY 

INFORMATION: Revised Board Policy 1020, Youth Services, was presented at the 

September 8, 2011 Governing Board meeting for consideration. At 

that time, it was referred back to the Governance Subcommittee 

for further review. It is being presented tonight for consideration 

and potential approval. 

FINANCIAL 



MOTION: Move to approve revised Board Policy 1020, Youth Services. 




197

Fairfield—Suisun LJSD - 

Board Policy 

Youth Services 

BP 1020 

Relations 

Referred 

Presented for Board consideration 9-8-11. 

back to Governance Subcommittee for 

further study. Reviewed by Governance 

Subcommittee 9-20-11 

‘.rniuwii iiav t II1IL iu uavc uieir physical, emotional and intellectual needs met. The Boare 

supports public policies which respect children by meeting their needs. The Board wifi advocate 

for local, state and national public and private policies, legislation and programs 

provide or better coordinate services that lwln children to make the most of their educational 

opportunities. 

The Governing Board desires to help all district students achieve to their highest potential 

regardless of their social, health, or economic circumstances and recognizes that schools 

alone cannot meet all the complex needs of children. The district shall provide support 

services for children and families to the extent possible and shall work with other local 

governments, businesses, foundations, and community-based organizations, as appropriate, 

to improve the health, safety, and well-being of the community’s youth. 

(cf. 0450 - Comprehensive Safety Plan) 

(cf. 5030 - Student Wefiness) 

(cf. 5131.6 - Alcohol and Other Drugs) 

(cf. 5136 - Gangs) 

(cf. 5141.32 - Health Screening for School Entry) 

(cf. 5141.4 - Child Abuse Prevention and Reporting) 

(cf. 5141.52 - Suicide Prevention) 

(cf. 5141.6 - School Health Services) 

(cf. 5146 - Married/Pregnant/Parenting Students) 

(cf. 5148 - Child Care and Development) 

(cf. 5148.2 - Before/After School Programs) 

(cf. 5148.3 - Preschool/Early Childhood Education) 

(cf. 5149 - At-Risk Students) 

(cf. 6164.2 - Guidance/Counseling Services) 

(cf. 6173 - Education for Homeless Children) 

(cf. 6173.1 - Education for Foster Youth) 

The Board shall initiate or participate in collaborative relationships with city and county 

elected officials to design and coordinate multi-agency programs that respond to the needs 

of children and families and provide more efficient use of district and community 

resources. 

(cf. 0200 - Goals for the School District) 

(cf. 9140 - Board Representatives) 

198

The Superintendent and appropriate staff shall cooperate with public and private entities 

in the plamung and implementation ofjomt projects or activities within the community - 

The Superintendent or designee may designate a coordinator to ensure effective 

implementation of the district’s responsibilities in any such collaborative project. 

(cf. 1400 - Relations Between Other Governmental Agencies and the Schools) 

(cf. 1700 - Relations Between Private Industry and the Schools) 

In order to identify priorities for youth services, the Board shall encourage cooperation in 

the periodic assessment of children’s needs within the community, which may include, but 

not be limited to, needs based on poverty, child abuse aniliiëglect, poor physical or nientalhealth, 

homelessness, placement in foster care, lack of access to child care, substance abuse, 

or violence. The needs assessment also should examine the extent to which those needs are 

being met through existing services in the district and in the community, the costs of 

providing those services, and any gaps, delay, or duplication of services. 

The Board shall approve the services to be offered by the district, the resources that will be 

allocated to support collaboration, any use of school facilities for services, and any 

development or joint use of facilities with other jurisdictions. 

(cf. 1330 - Use of School Facilities) 

(cf. 3100 - Budget) 

All agreements with other agencies to coordinate services or share resources shall be in 

writing. The Board may establish joint powers agreements or memorandums of 

understanding, when feasible, to formalize the responsibilities and liabilities of all parties 

in a collaborative activity. 

The Superintendent or designee shall work with interagency partners to explore funding 

opportunities available through each agency, state and national grant programs, and/or 

private foundations for youth service coordination and delivery. 

In order to facilitate service delivery or determination of eligibility for services, the district 

may share information with other appropriate agencies with parent/guardian consent and 

in accordance with laws pertaining to confidentiality and privacy. 

(cf. 3553 - Free and Reduced Price Meals) 

(cf. 5125 - Student Records) 

The Board shall receive regular reports of progress toward the identified goals of the 

collaborative effort. The reports may include, but not be limited to, feedback from staff 

and families regarding service delivery, numbers of children and families served, specific 

indicators of conditions of children, and indicators of system efficiency and cost 

effectiveness. 

(cf. 0500 - Accountability) 

199 

2 

-

The Board shall communicate with the community about the district’s collaborative efforts 

and the conditions of childrenwithin the schools. The Board may advocate for local, state, 

and national policies, programs, and initiatives designed to improve the conditions of 

children and youth. 

(cf. 1100 - Communication withthe Public) 

(cf. 1160 - Political Processes) 

(cf. 9000 - Role of the Board) 

Legal Reference: 

EDUCATION CODE 

35160 Authority of governing boards 

35 160.1 Broad authority of school districts 

8800-8807 Healthy Start support services for children 

49073 Privacy of student records 

49075 ParentJguardian permission for release of student records 

49557.2 Sharing of information for MediCal eligibility 

HEALTH AND SAFETY CODE 

120440 Immunization records; release to local health departments 

130100-130155 Early childhood development; First 5 Commission 

WELFARE AND INSTITUTIONS CODE 

5850-5883 Mental Health Services Act 

18961.5 Computerized database; families at risk for child abuse; sharing of information 

18980-18983.8 Child Abuse Prevention Coordinating Council 

18986- 18986.30 Interagency Children’s Services Act 

18986.40-18986.46 Multidisciplinary services teams 

18986.50-18986.53 Integrated day care program 

18987.6-18987.62 Family-based services 

Management Resources: 

CSBA PUBLICATIONS 

Expanding Access to High-Quality Preschool Programs: A Resource Guide for School 

Leaders, rev. April 2008 

Educating Foster Youth: Best Practices and Board Considerations, Policy Brief, March 

2008 

Mental Health Services Act (Proposition 63): Collaborative Opportunity to Address Mental 

Health, Policy Advisory, October 2007 

Maximizing School Board Governance: Community Leadership, 1996 

CHILDREN NOW PUBLICATIONS 

California Report Card: The State of the State’s Children, 2008 

CITIES, COUNTIES AND SCHOOLS PARTNERShIP PUBLICATIONS 

Healthy Children, Healthy Communities: An Action Guide for California Communities, 

2006 

Stretching Community Dollars: Cities, Counties and School Districts Building for the 

Future, 2006 

200 

3

YOUTH LAW CENTER PUBLICATIONS 

Model Form for Consentto Exchange Confidential Information among the Members of an 

Interagency Collaborative, 1995 

WEB SITES 

CSBA: http://www.csba.org 

California Department ofEducation, Learning Support: http:llwww.cde.ca.govlls 

California Department of Public Health: http://www.cdph.ca..gov 

-California Department of Social Services: http:llwww.dss.cahwnet.gov 

California State Association of Counties: http://www.csac.counties.org 

Children Now: http :llwww.childrennow.org 

Cities, Counties and Schools Partnership: http://www.ccspartnersbip.org 

First 5 California: http://www.ccfc.ca.gov 

League of California Cities: http:llwww.cacities.org 

Youth Law Center: http:llwww.ylc.org 

Policy FAIRFIELD-SUISUN UNWIED SCHOOL DISTRICT 

adopted: September 28, 1995 Fairfield, California 

201 

4






Political Processes (District Goal V) 

SUBMITTED BY: Jacki CottingimDias, Ph.D., Superintendent 

SUMMARY 

INFORMATION: As a result of work done by the Board Governance Subcommittee, 

revised Board Policy 1160, Political Processes, is being presented 

for review and possible action. 

FINANCIAL 



MOTION: Move to approve revised Board Policy 1160, Political Processes. 




202

Fairfield-Suisun USD 

Board Policy 

Political Processes 

Community Relations 

Reviewed by the Governance 


------The Governing Board has a responsibility to actively advocate fiscal and public policy that 

supports the district’s schools and the children in the community. This responsibility includes 

that of lobbying at the state and national levels and informing members of the community about 

these activities. The Board shall be proactive in defining the district’s advocacy agenda 

based on the district’s vision and goals and the needs of the district and community. The 

1 

Board’s advocacy efforts shall be conducted in accordance with legal requirements. 

(cf. 0000 - Vision) 


(cf. 4119.25/4219.25/4319.25 - Political Activities of Employees) 

(cf. 9000 - Role of the Board) 

(cf. 9010 - Public Statements) 

Ballot Measures/Candidates 

No district funds, services, supplies, or equipment shall be used to urge the support or 

defeat of any ballot measure or candidate, including any candidate for election to the 

Board. (Education Code 7054) 2 

The Board shall identify issues that will affect its schools and the children in its community, 

establish goals and priorities for legislative advocacy, solicit community input, and adopt 

legislative positions. The Superintendent or designee shall establish a coordinated plan for 

carrying out the advocacy agenda, including specific activities, target groups or individuals, staff 

responsibilities, and timelines. 

1 Note: The following optional policy addresses political activities conducted by members of the 

Governing Board or district staff acting on behalf of the district. It does not apply to individuals acting as 

private citizens on their own time and at their own expense. When acting as private citizens, individuals 

have broad rights under the First Amendment to engage in political activities, including taking positions on 

electoral measures and candidates and establishing and participating in political action committees. 

2 Note: Whether an activity is an appropriate use of public funds or an impermissible campaign activity is 

a complicated analysis. In Vargas v. City of Salinas, the California Supreme Court created three 

categories of activities: (1) permissible informational activities, such as resolutions and providing objective 

analysis; (2) impermissible campaign activities, such as producing or distributing literature that urges a 

voter to act a certain way; or (3) unclear activities which do not fall into either group and must be analyzed 

looking at the style, tenor, and timing” of the activity. The following two paragraphs reflect the court’s 

analysis of permissible activities. District legal counsel should be consulted when there is a question as 

to whether an activity is permissible. 

203

The Board may participate with other groups in promoting or opposing proposed legislation. 

The Board also may provide members of the community with information which may help them 

communicate with their legislators about educational and children’s issues. 

(cf. 1020 Youth Services) 

The Board may discuss and study the potential effect of proposed or qualified ballot 

measures on the district’s schools at an open and agendized Board meeting. The Board’s 

discussion of the effect of such measures shall include an opportunity for staff and 

members of the public to speak on all sides of the issue. At that meeting, the Board may 

adopt a position or resolution in support of or in opposition to a ballot measure. The 

language in any resolution adopted by the Board shall not urge the public to take any 

action regarding the measure. 

(cf. 9320 - Meetings and Notices) 

The Board’s position on a ballot measure, including any resolution, shall be publicized only 

through normal district procedures and consistent with regular district practice for 

reporting Board actions. Such publicity shall be for informational purposes and shall not 

attempt to influence voters. 

The Superintendent or designee may use district resources to provide students, 

parents/guardians, and community members with fair and impartial information related to 

ballot measures, including information about the impact of ballot measures on the district. 

(Education Code 7054) 

(cf. 1100 - Communication with the Public) 

In preparing or distributing such informational material, the Superintendent or designee 

shall analyze the material to help ensure that it is an appropriate informational activity, 

provides a fair analysis of the issues, and does not advocate passage or defeat of a measure 

or candidate. 

Note: When it is unclear whether a campaign activity is permissible, the court will analyze the activity 

based on its “style, tenor and timing” to determine whether it involves an appropriate expenditure of public 

funds. Examples of things that a court might look for include how the material was distributed (i.e., 

special edition or regular publication), the language used in the publication (i.e., inflammatory or 

informational), and whether the distribution was consistent with regular district practice (i.e., regular 

circulation or special mailing). Districts should be cautious and ensure that any such informational 

material is an appropriate use of district funds. 

204 

2

I 

District resources, including email or computer systems, shall not be used to disseminate 

campaign literature. In addition, district resources shall not be used to purchase 

advertisements, bumper stickers, posters, or similar promotional items that advocate an 

election result or urge voters to take any action in support of or in opposition to a measure. 

(cf. 1325 - Advertising and Promotion) 

Statewide Election Measures 

Thëdisthct shall investigate statewide ballot measures that affect the schools and may furnish 

students, parents/guardians and community members with objective, relevant factual information 

about the impact of ballot measures on the district. 

The Board may also adopt a position in support of or in opposition to statewide ballot measures 

of importance to education. Any Board discussion of the effect statewide measures will have on 

the district shall include an opportunity for Board members and members of the public to speak 

on all sides of the issue. The district shall not spend public funds to influence the outcome of 

statewide ballot measures or to disseminate Board positions for campaign purposes. 

(cf. 1325 Advertising and Promotion) 

(cf. 9323 Meeting Conduct) 

Local District School Measures 

The Board or its representative may prepare or disseminate information and may make public or 

private appearances or statements urging the passage or defeat of any local district school 

measure, including the issuance of school bonds; an increase in the maximum tax rate; the 

acceptance, expenditure and repayment of state funds to construct facilities; or the candidacy of 

any person for election to the Board. 

‘ 

Note: In Vargas v. City of Salinas, the court offered examples of activities which would be impermissible 

campaign activities, as reflected in the following paragraph. In addition, 2 CCR 18901.1 prohibits the use 

of public funds for a newsletter or “mass mailing’ which expressly advocates the election or defeat of a 

ballot measure or candidate or, when taken in context, urges a particular result. Because violation of this 

regulation could result in enforcement action by the Fair Political Practices Commission (FPPC), districts 

should proceed with caution and consult with legal counsel, as appropriate. 

Note: Both the courts (Santa Barbara County Coalition Against Automobile Subsidies v. Santa Barbara 

County Association of Governments) and the Attorney General (88 Ops.Cal.Atty.Gen. 46 (2005)) have 

provided guidance as to the appropriate use of district funds when the district is preparing to submit a 

bond proposal to the voters for approval. The key distinction is whether the action is taken before or after 

the measure has been placed on the ballot and whether the activity is directed at swaying voters. 

Permissible expenditures include researching the need for the measure, formulating and drafting the 

proposal, and conducting polling and focus groups to assess the feasibility of the measure. 

lmpermissible activities include recruiting and organizing supporters for a campaign, raising funds for the 

campaign, or hiring a consultant to develop a strategy for building support for the measure. 

205 

3

- (cf. 

Any use of district funds, services, supplies, or equipment for the rr 

or defeat of local school measures shall be limited to activities specifically authorized by law. 


(cf. 4119.25 Political Activities of Employees) 

9000 Role of Board and Members) 

(cf. 9010 Public Statements) 

(cf. 9230 Orientation) 

Political activity related to district bond measures shall, in addition to the above, be subject 

to the following conditions: 

1. The Superintendent or designee may research, draft, and prepare a district bond 

measure or other initiative for the ballot, but shall not use district resources to 

influence voters or otherwise campaign for the measure. 

2. Upon request, Board members and district administrators may appear at any time 

before a citizens’ group to explain why the Board called for an election on a bond 

measure and to answer questions. (Education Code 7054.1) 

If the presentation occurs during working hours, the employee representing the 

district shall not urge a citizens’ group to vote for or against the bond measure. 

3. The Board or any individual Board member may file a written argument for the 

ballot that is either for or against any school measure. (Elections Code 9501) 

Legislation 

The Board’s responsibility as an advocate for the district may include lobbying and 

outreach at the state, national, and local levels. The Board and Superintendent or designee 

shall work to establish and maintain ongoing relationships with elected officials, 

community leaders, and the media in order to conununicate district positions and 

concerns. 

6 

(cf. 1020 - Youth Services) 

(cf. 1112 - Media Relations) 


(cf. 7131 - Relations with Local Agencies) 

6 Note: Pursuant to Government Code 53060.5, the district may engage in legislative activities and 

lobbying, either directly or through a representative, and the cost of this activity is an appropriate use of 

district funds. Lobbying activities are regulated by the FPPC (2 CCR 18600-18640) and governed by the 

Political Reform Act (Government Code 81000-91015). 

206 

4

- 

- The 

The Board and Superintendent shall develop an advocacy action plan to define 

expectations and responsibilities. This plan may include, but is not limited to, legislative 

priorities, strategies for outreach to the media and community, development of key 

messages and talking points, and adoption of positions on specific legislation, regulations, 

or budget proposals. 

In order to strengthen legislative advocacy efforts, the district may work with 

organizations and coalitions and may join associations whose representatives lobby on 

behalf of their members in accordance with Govermnent Code 53060.5. 

district may provide fair and impartial information about legislative issues affecting 

schools and children and shall inform the community about its advocacy activities. 

However, informational materials about legislation shall not urge the public to lobby the 

legislature, Governor, or state agencies on behalf of the district. 

As necessary, the Board may direct the Superintendent or designee to draft legislative or 

8 

regulatory proposals which serve the district’s interests. 

Legal Advocacy 

The Board recognizes that some issues are more appropriately addressed judicially rather 

than legislatively. When a legal issue is likely to set a state or national precedent, the 

district may join with other districts or parties in order to resolve the issue through 

litigation or other appropriate means. 

(cf. 9124 - Attorney) 

(cf. 9321 - Closed Session Purposes and Agendas) 

Political Forums 

Forums on political issues may be held in district facilities as long as the forum is made 

available to all sides of the issue on an equitable basis. (Education Code 7058) 

Note: Although the district has the authority to lobby the legislature, it cannot use district resources to 

urge the public to lobby the legislature on its behalf. In Miller v. Miller the court concluded that urging the 

public was impermissible election campaigning because the activity was directed to the public and not the 

legislature. 

Note: An appellate court held in League of Women Voters v. Countywide Criminal Justice Coordination 

Committee that the drafting of legislative proposals was a permissible use of public funds since it was 

more similar to the exercise of a local agency’s governing authority than a campaign activity 

Note: When an issue requires resolution in the courts rather than through legislation, it is permissible for 

districts to use public funds to initiate or participate in legal advocacy. Toward these ends, districts may 

choose to join with other districts in a group, such as CSBA’s Education Legal Alliance which funds and 

supports litigation in cases of statewide significance to its members. 

207 

5


EDUCATION CODE REFERENCES 

Education Code 7054 

Funds, services, supplies equipment; support or defeat of ballot measure or candidate 

(a) No school district or community college district funds, services, supplies, or equipment shall be used 

for the purpose of urging the support or defeat of any ballot measure or candidate, including, but not 

limited to, any candidate for election to the governing board of the district. 

(b) Nothing in this section shall prohibit the use of any of the public resources described in subdivision 

(a) to provide information to the public about the possible effects of any bond issue or other ballot 

measure if both of the following conditions are met: 

(1) The informational activities are otherwise authorized by the Constitution or laws of this state. 

(2) The information provided constitutes a fair and impartial presentation of relevant facts to aid the 

electorate in reaching an informed judgment regarding the bond issue or ballot measure. 

(c) A violation of this section shall be a misdemeanor or felony punishable by imprisonment in the county 

jail not exceeding one year or by a fine not exceeding one thousand dollars ($1 ,000), or by both, or 

imprisonment in a state prison for 16 months, or two or three years. 

(Amended by Stats. 1995, Ch. 879, Sec. 2.) 

Education Code 7054.1 

Request for appearance 

Nothing in this article shall be construed as prohibiting any administrative officer or board member of a 

school district or community college district from appearing at any time before a citizens’ group that 

requests the appearance of the officer or board member for purposes of discussing the reasons why the 

governing board of the district called an election to submit to the voters of the district a proposition for 

the issuance of bonds and for purposes of responding to inquiries from the citizens’ group. 

(Added by Stats. 1995, Ch. 879, Sec. 3.) 

Education Code 7058 

Forum 

Nothing in this article shall prohibit the use of a forum under the control of the governing board of a 

school district or community college district if the forum is made available to all sides on an equitable 

basis. 

(Added by Stats. 1995, Ch. 879, Sec. 5.) 

Elections Code 9501 

Written argument for or against school measures 

(a) The governing board of the district or any member or members of the board, or any individual voter 

208 

6

who is eligible to vote on the measure, or bona fide association of citizens, or any combination of such 

and associations may file a written argument for or against any school measure. No argument shall 

exceed 300 words in length. The elections official shall cause an argument for and an argument against 

the measure, if submitted, to be printed, and shall include the arguments, preceded by the analysis, in the 

voter information pamphlet that accompanies the sample ballot. 

Printed arguments submitted to voters in accordance with this section shall be titled either ‘Argument 

in Favor of Measure “or ‘Argument Against Measure __,“ accordingly, the blank spaces being 

filled in only with the letter or number, if any, designating the measure. At the discretion of the elections 

official, the word Proposition may be substituted for the word Measure in the titles Words used in the 

_all not be counted when determining the length of any measure. 

I 

I 

(Amended by Stats. 2010, Ch. 401, Sec. 2.) 



7050-7058 Political activities of school officers and employees, including: 

7054 Use of district property 

7054.1 Requested appearance 

7056 Soliciting or receiving political funds 


35172 Promotional activities 

35174 Urging the passage or defeat of school measures 

72632 Urging the passage or defeat of school measures (community college district) 

ELECTIONS CODE 

9501 School district elections, arguments for or against a measure 

GOVERNMENT CODE 

50023 Attending legislature to support or oppose legislation 

8314 Unlawful use of state resources 

53060.5 Attendance at legislative body; expenses 

54953.5 Right to record proceedings 

54953.6 Broadcasts of proceedings 

81000-91015 Political Reform Act, including: 

82031 Defmition of independent expenditure 

CODE OF REGULATIONS, TITLE 2 

18109 18954 Fair Political Practices Commission, especially 

4-82-25 Definitions 

18600-18640 Lobbyists 

18901.1 Campaign related mailings sent at public expense 

COURT DECISIONS 

Vargas v. City of Salinas, (2009) 46 Cal. 4th 1 

Santa Barbara County Coalition Against Automobile Subsidies v. Santa Barbara County 

Association of Governments, (2008) 167 Cal.App.4th 1229 

Yes on Measure A v. City of Lake Forest, (1997) 60 Cal.App.4th 620 

Choice-in-Education League et al v. Los Angeles Unified School District (1993) 17 Cal.App.4th 

415 

Citizens Legal Defense Alliance, Inc., Jarvis v. Miller et al, Los ntr1 Unified School Ditviri 

209 

7

- 88 

I 

Super. Ct. Los Angeles County, 1978, No. C 230935 

Stanson v. Mott (1976) 17 Cal. 3d 206 - 

League of Women Voters v. Countywide Criminal Justice Coordination Committee (1988) 203 

Cal.App.3d 529, 250 Cal. Rptr. 161, rev.den. 

73 Ops.Cal.Atty.Gen. 255 (1990) 

Miller v. Miller, (1978) 87 CaI.App.3d 762 

Stanson v. Mott, (1976) 17 Cal. 3d 206 

ATTORNEY GENERAL OPINIONS 

Ops.Cal.Atty.Gen. 46 (2005) 

73Ops.Cal.Atty.Gen. 255 (1990) 


CDE LEGAL ADVISORIES 

0619.87 Political Activities of School Districts and Governing Boards 


Legal Guidelines: Use of Public Resources for Ballot Measures and Candidates, Fact 

Sheet, February 2011 

Legal Guidelines for Lobbying Activity, Fact Sheet, February 2011 

INSTITUTE FOR LOCAL GOVERNMENT PUBLICATIONS 

Legal Issues Associated with Use of Public Resources and Ballot Measure Activities, June 

2010 

WEB SiTES 


Fair Political Practices Commission: http:llwww.fppc.ca.gov 

Institute for Local Government: http:llwww.ca-ilg.org 

Policy FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT 


revised: 

210 

8


AGENDA ITEM: VI-D-3 


SUPERINTENDENT/ADMINISTRATION/GOVERNING BOARD 


School-Connected Organizations (District Goal V) 


SUMMARY 


revised Board Policy 1230, School-Connected Organizations, is 

being presented for review and possible action. 

FINANCIAL 



MOTION: Move to approve revised Board Policy 1230, School-Connected 

Organizations. 




211

. Reviewed by the Governance 

Fairfield-Suisun USD Subcommittee 9-20-11 

Board Policy 

School-Connected Organizations 

BP 1230 


The Governing Board recognizes that parents/guardians and community members may wish to 

organize parent organizations andlor booster clubs for the purpose of supporting the-district 

educational program and/of extracurricular programs such as athletic teams, debate teams, and-or 

musical groups. The Board supports such activities and welcomes parental interest and 

participation. The Board appreciates the contributions made by such organizations and 

encourages their interest and participation in supporting district activities and helping to 

achieve the district’s vision for student learning. 


(cf. 6020 - Parent Involvement) 

The Board has the legal responsibility and authority to ensure that all formal extracurricular 

... — flrS-nrflr%rl ni-n - 

activities in wmii students of the district are m oh ed .. consistent” ith the 

education of all such students anu wun provisiour ui me iic1ucation iuue auu uuiei iaws. 

The Board encourages the promotion of community participation and supports the establishment 

of PTA’s, PTSA’S, PTO’s, Booster Clubs, alumni, and other groups, which may be organized to 

promote and support an activity or activities in the best interest of students. 

The Board requires parent/guardian clubs to have a written statement of purpose and bylaws. The 

Board recognizes that these organizations are independent of the school or district. In order to 

protect the district and students, the Superintendent or designee may establish appropriate 

controls for the relationship between such organizations and the district. 

The Board recognizes that school-connected organizations are separate legal entities, 

independent of the district. The Superintendent or designee shall establish appropriate 

internal controls for the relationship between school-connected organizations and the 

district. 

(cf. 1321 - Solicitation of Funds from and by Students) 

(cf. 3290 Gifts, Grants and Bequests) 


(cf. 3452 - Student Activity Funds) 

Principals, Teachers, and other staff are encouraged to assist parents in organizing active 

organizations and channeling their energies toward programs, which are mutually beneficial to 

schools and the community. 

212

I 

I 

Such organizations shall be recognized only if they comply with all conditions and regulations of 

this policy. 

In order to become an official school support organization, the constitution and bylaws of each 

organizing group shall be submitted to the school principal for review and approval. 

In the event the Superintendent or his designee, after conferring with the school principal and 

conducting an investigation, determines that an organization is in violation of a policy condition 

or regulation, or no longer functions in the best interest of the students, school or district, it shall 

be the prerogative of the Superintendent or his designee to initiate appropriate corrective 

remedies or administrative sanctions or to recommend to the Board the disassociation of the 

district and school from that organization. 

Thc Superintendent hn11 tnhI1Fh r1 

recognized school support groups related to students, student interests or schools of the district. 

Events sponsored by school support groups shall be consistent with existing district policies 

establishing tobacco, alcohol, and drug free environments at all school functions. 

rincipal, ni annually report 

policy. 

RiIntinn nn Prnure tn provide irrtnn fnr 

The Sunerintendent or his designee shall, based upon information submitted by the school 

--..- Board on the activities of all organizations covered by this 

The Board encourages school-connected organizations to consider the impact of fundraising 

activities on the overall school and district program. School-connected 

organizations shall consult with the principal to determine school needs and priorities. 

Activities by school-connected organizations shall not conflict with law, Board policies, 

administrative regulations, or any rules of the sponsoring school. 

(cf. 3290 - Gifts, Grants and Bequests) 

(cf. 3554 - Other Food Sales) 

(cf. 5030 - Student Wellness) 

(cf. 6145 - Extracurricular and Cocurricular Activities) 

(cf. 6145.2 - Athletic Competition) 



200-262.4 Prohibition of discrimination on the basis of sex 


3813-I038138 Civic Center Act, Uuse of civic center school property for by public 

purposes 

38134 Groups which mnv use school facilities without rhrr 

48931 Authorization for sale of food by student organization 

48932 Authorization for fund-raising activities by student organization 

49431 Sale of food to elementary students during the school day 

49431.2 Sale of food to middle, junior, or high school students 

213 

2

I 

49431.5 Sale of beverages at elementary, middle, or junior high schools 

51520 Prohibited solicitation on school premises 

51521 Fund-raising project 

BUSINESS AND PROFESSIONS CODE 

17510-17510.95 Solicitations for charitable purposes 

25608 Alcohol on school property; use in connection with instruction 


12580-12599.7 Fundraisers for Charitable Purposes Act 

PENAL CODE 

319-329 Lottery, raffle 


4900-4965 Nondiscrimination in elementary and secondary education programs 

15500 Food sales in elementary schools 

15501 Food sales in high schools and junior high schools 


300-3 12.1 Fundraising for charitable purposes 

UNITED STATES CODE, TITLE 20 

1681-1688 Discrimination based on sex or blindness, Title IX 


Serrano v. Priest, (1976) 18 Cal. 3d 728 


CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES 

1101.89 School District Liability and “Hold Harmless” Agreements, LO: 4-89 

WEB SITES 


California Office of the Attorney General, charitable trust registry: 

http://caag.state.ca.us/charities 

California State PTA: http://www.capta.org 

Policy FAIRFIELD-SUISU]N1 UNIFIED SCHOOL DISTRICT 


revised: June 22, 2006 

revised: 

214 

3






Volunteer Assistance (District Goal V) 


SUMMARY 


revised Board Policy 1240, Volunteer Assistance, is being 

presented for review and possible action. 

FINANCIAL 



MOTION: Move to approve revised Board Policy 1240, Volunteer Assistance. 




215

-- BP 


Fairfield—Suisun USD Subcommittee 9-20-11 

Board Policy 

Volunteer Assistance 

1240 

Conununity Relations 

-The Governing Board encourages parents/guardians and other members of the community to 

share their time, imowledge and abilities with our students. Community volunteers in our 

schools should recognizes that volunteer assistance in schools can enrich the educational 

program, enhance increase supervision of students, and contribute to school safety while 

strengthening eur- the schools’ relationships with homes, businesses, public agencies and private 

institutions the community. The Board also encourages parents/guardians and other 

members of the community members to serve as mentors providing support and motivation to 

share their time, knowledge, and abilities with students. 

(cf. 1000 - Concepts and Roles) 

(cf. 1700 - Relations Between Private Industry and the Schools) 

(cf. 4127/4227/4327 - Temporary Athletic Team Coaches) 

(cf. 4222 - Teacher AideslParaprofessionals) 

(cf. 1400 Relations Between Other Governmental Agencies and the Schools) 

(cf. 5020 - Parent Rights and Responsibilities) 

(cf. 5148 - Child Care and Development) 

(cf. 5148.2 - Before/After School Programs) 

(cf. 6020 - Parent Involvement) 

(cf. 6171 - Chapter Title I Programs) 

The Superintendent or designee shall develop and implement a plan for recruiting, screening and 

placing volunteers, including strategies for reaching underrepresented groups of 

parents/guardians and community members. The Superintendent He/she may also recruit 

community members to serve as mentors to students and/or make appropriate referrals to 

community organizations. 

(cf. 1020 - Youth Services) 


The Superintendent or designee shall establish procedures to protect the safety of students and 

adults. These procedures shall include laws related to tuberculosis testing and fingerinting of 

volunteers. This may also include laws related to cna1 record checks. 

As appropriate, the Superintendent or designee shall provide Vvolunteers shall be provided 

with information about school goals, programs, and practices and shall receive an orientation ae4 

or other training related to their specific responsibilities as appropriate. Employees who 

supervise volunteers shall ensure that volunteers are assigned meaningful responsibilities that 

216

I 

capitalize on utilize their skills and expertise and maximize their contribution to the educational 

program. 

Volunteer maintenance work shall be limited to those projects that do not replace the 

normal maintenance duties of classified staff. The Board nevertheless encourages 

volunteers to work on short-term projects to the extent that they enhance the classroom or 

school, do not significantly increase maintenance workloads, and comply with employee 

negotiated agreements. 

Volunteer aides shall not be used to assist certificated staff in performing teaching or 

administrative responsibilities in place of regularly anthorizedclassifled employees who 

have been laid off. (Education Code 35021) 

Volunteers shall act in accordance with district policies, regulations, and school rules. At their 

discretion, employees who supervise volunteers may ask any volunteer who violates school rules 

to leave the campus. Employees also may confer with the principal or designee regarding any 

such volunteers. The Superintendent or designee shall be responsible for investigating and 

resolving complaints regarding volunteers. 

(cf. 0410 - Nondiscrimination in District Programs and Activities) 

(cf. 3515.2 - Disruptions) 

(cf. 6144 Controversial Issues) 

The primary responsibility for everyday upkeep of the schools and grounds rests with the 

disthct’s classified employees. The Board nevertheless encourages volunteers to work on short 

term projects to the extent that they enhance the classroom or school, meet a specific need, 

comply with established building and safety codes, do not significantly increase maintenance 

workloads and comply with employee commitments and contracts. 

The Board encourages principals to develop a means for recognizing the contributions of each 

school 

ts volunteers. 

(cf. 1150 - Conunendations and Awards) 

Qualifications 

The Superintendent or designee shall establish procedures for determining whether 

volunteers possess the qualifications, if any, required by law and administrative regulation 

for the types of duties they will perform. 

217 

2

I 

I 

I 

I 

I 

Prior to assuming a volunteer position to work with students in a district-sponsored 

student activity program, a volunteer shall obtain both a Department of Justice and 

Federal Bureau of Investigation criminal background check through the district. 


A volunteer who possesses a current Activity Supervisor Clearance Certificate from thern 

Conimission on Teacher Credentialing, issued prior to July 9, 2010, shall have satisfied 

-district requirements for the criminal background check. (Education Code 49024) 

Legal Reference: - - 


8482-8484.6 After School Education and Safety program 

8484.7-8484.9 21st Century Community Learning Center program 

35021 Volunteer aides 

35021.1 Automated records check 

35021.3 Registry of volunteers for before/after school programs 

44010 Sex offense; definition 

44227.5 Classroom participation by college methodology faculty 

44814-44815 Supervision of students during lunch and other nutrition periods 

45125 Fingerprinting requirements 

45125.01 Interagency agreements for criminal record information 

45340-45349 Instructional aides 

45360-45367 Teacher aides 

49024 Activity Supervisor Clearance Certificate 

49406 Examination for tuberculosis 


3100 3109 Oath or affirmation of allegiance 

3543.5 Prohibited interference with employees rights 

HEALTH AND SAFETY CODE 

1596.871 Fingerprints of individuals in contact with child day care facility clients 

LABOR CODE 

1720.4 Public works; exclusion of volunteers from prevailing wage law 

3364.5 Persons performing voluntary services for school districts 

PENAL CODE 

290 Registration of sex offenders 

290.4 Information re sex offenders 

290.95 Disclosure by person required to register as sex offender 


101170 Criminal record clearance 

101216 Health screening, volunteers in child care centers 

UNITED STATES CODE, TITLE 20 

6319 Qualifications and duties of paraprofessionals, Title Iprograms 

AHORNEY GENERAL OPINIONS 

62 Ops. Cal. Atty. Gen. 325 (1979) 

218 

3


Whisman Elementary School District, 15 Public Employee Reporter for California, 22043 


NATIONAL PTA PUBLICATIONS 

.1 C’i.. C.._rr:1 T I ((‘1 

Building Successful Partnerships:A Guide for Developing Parent and Family Involvement 

Programs, 2000 

COMMISSION ON TEACHER CREDENTIALING CODED CORRESPONDENCE 

10-11 Information on Assembly Bill 346 Concerning the Activity Supervisor Clearance 

Certificate (ASCC), July 20, 2010 

WEB SITES 


California Department of Education, Parents/Family and Community: 

http :llwww.cde.ca.gov,qs/pf 

California Department of Justice, Megan’s Law mapping: http://www.meganslaw.ca.gov 

California Parent Teacher Association: http:llwww.capta.org 

fl+.- l, 

taa. in ILLS. I._LsJfl. nttp :IIvv.r’v 5 

Commission on Teacher Credentialing: http:Ilwww.ctc.ca.gov 

National Coalition for Parent Involvement in Education: http://www.ncpie.org 

U.S. Department of Education, Partnership for Family Involvement in Education: 

http ://pfle.ed.gov 

CDE: http://www.cde.ca.gov 

National Parent Teacher Association: http://www.pta.org 

Policy 

adopted: 

revised: 

revised: 



March 8, 2007 

219 

Fairfield, California 

4






Visitors/Outsiders (District Goal V) 


SUMMARY 


revised Board Policy 1250, Visitors/Outsiders, is being presented 

for review and possible action. 

FINANCIAL 



MOTION: Move to approve revised Board Policy 1250, Visitors/Outsiders. 




220

Fairfield-Suisun USD 

Board Policy 

Visitors/Outsiders 

BP1250 


Reviewed by the Governance 


The- Governing Board believes that it is important for parents/guardians and community 

members to take an active interest in the issues affecting district schools and students. 

Therefore, the Governing Board encourages interested parents/guardians and interested 

members of the community members to visit the schools and view participate in the 

educational program. The Superintendent or designee shall invite parents/guardians and the 

community to open house activities and other special events. 

To ensure the safety of students and staff and minimum minimize interruption of thç 

instructional program, the Superintendent or designee shall establish procedures which facilitate 

visits during regular school days. Visits during school hours should be fifst-arranged with the 

teacher and principal or designee. ff- When a visit involves a conference with a teacher or the 

principal is desired, an appointment should be set with the teacher scheduled during the 

teacher’s noninstructional time. 

To ensure the safety of students and staff and avoid potential disruptions, the Board requires all 

visitors to identify themselves to the principal or designee upon entering school grounds. Any 

person requested by the principal or designee to leave schools grounds shall promptly comply. 

All outsiders shall register in 

building or grounds when sch 

cordance with law immediately upon entering any 

ol is in session. (Penal Code 627.2) 

Any person who is not a student or staff member shall register immediately upon entering 

any school building or grounds when school is in session. 

(cf. 1112 - Media Relations) 

(cf. 3515.2 Disruptions) 

Any visitor who fails to register immediately after entering the school grounds, or fails to leave 

the school grounds upon request of the principal or designee, or who returns after leaving the 

school grounds pursuant to such a request, has committed an unlawful act and may be prosecuted 

according to law. 

Any person who complies with the request of the principal or designee to depart may appeal to 

the Superintendent or designee in writing. The written request for a hearing must be made 

within five days after the person has departed from the school campus and must state why the 

request to depart was improper. The request must also provide an address to which a hearing 

notice may be sent. Upon receipt of the request for a hearing, the Superintendent or designee 

221

shall mail a notice of the hearing to the person requesting it. The appeal hearing shall be held 

within seven days after receipt of the request. 

“.‘ “c Superir&. nrn nr designee -be anneaied to the Board of Education. The 

Board shall consider m .1 

‘‘ the-mef-a its next regular meeting for which it can be placed 

on the agenda. Decision of the Board shall be final. 

For purposes of school safety and security, t The principal or designee may design provide a 

visible means of identification for visitors individuals who are not students or staff members 

while on school premises. 

No electronic listening or recording device may be used by any person in a classroom without 

the teacher and principal’s permission. (Education Code 51512) 

Parents or other individuals taking students off campus during the school day must first get the 

permission to do so at the school office. 

The Board recognizes that, under California law, any person whose conduct materially disrupts 

class work or extracufficular activities, or causes a disturbance on school grounds may be guilty 

of a misdemeanor and subject to a fine, imprisonment, or both (Education Code 44811; Penal 

Code 415.5). When such conduct occurs, the Superintendent may take action leading to the 

imnosition of these penalties. 

The Board encourages all individuals to assist in maintaining a safe and secure school 

enviornment by behaving in an orderly manner while on school grounds and by utilizing 

the district’s complaint processes if they have concerns with any district program or 

employee. In accordance with Penal Code 626.7, the principal or designee may direct any 

individual who is causing a disruption, including exhibiting volatile, hostile, aggressive, or 

offensive behavior, inunediately leave school grounds. 

(cf. 1312.1 — Complaints Concerning District Employees) 

(cf. 1312.2 — Complaints Concerning Instructional Materials) 

(cf. 1312.3 — Uniform Complaint Procedures) 

(cf. 3515.2 — Disruptions) 

Possession of unauthorized dangerous instruments, weapons, or devices is prohibited on school 

premises, on any public right of way immediately adjacent to school property, or any other place 

where a teacher and student(s) are required to be in connection with assigned school activities. 

All staff members should watch for strangers on school grounds and ask such persons if they 

have registered in the school office. Stuff shall inform the principal when anyone is present who 

refuses to comply with the registration requirement. 

Any possession of unauthorized weapons or dangerous instruments or devices shall be reported 

immediately to the principal or designee and may be reported to the local law enforcement 

agency. 

222 

2


EDUCATIONCODE 

32210 Willful disturbance of public school or meeting 

32211 Threatened disruption or interference with classes; misdemeanor 

32212 Classroom interruptions 

35160 Authority of governing boards - 

35292 Visits to schools (board members) 

---5 1512 Prohibited use of electronic listening or recording device 

EVENCE CODE 

1070 Refusal to disclose news source 

LABOR CODE 

230.8 Discharge or discrimination for taking time off to participate in child’s educational 

activities 

PENAL CODE 

626-626.10 Schools 

627-627.10 Access to school premises, especially: 

627.1 Definitions 

627.2 Necessity of registration by outsider 

627.7 Misdemeanors; punishment 


Reeves v. Rocklin Unified School District, (2003) 109 Cal.App.4th 652 

ATTORNEY GENERAL OPINIONS 

95 Ops.Cal.Atty.Gen. 509 (1996) 

Policy FAIRFIELD-SUISUN UNIfIED SCHOOL DISTRICT 


revised: December 7, 2006 

223 

3






Solicitation of Funds From and By Students (District Goal V) 


SUMMARY 


revised Board Policy 1321, Solicitation of Funds From and By 

Students, is being presented for review and possible action. 

FINANCIAL 



MOTION: Move to approve revised Board Policy 1321, Solicitation of Funds 

From and By Students. 




224

I 


Fairfield-Suisun USD Subcommittee 9-20-11 

Board Policy 

Solicitation Of Funds From And By Students 

BP 1321 


Solicitations on Behalf of Charitable Organizations 

The Governing Board recognizes that student participation in fund-raising activities for the 

schools and nonprofit, nonpartisan charitable organizations can help students develop a sense of 

social responsibility, enhance the relationship between the school and community, and 

contribute to the improvement of the school program. 

(cf. 1325 - Advertising and Promotion) 

(cf. 4135/4235/4335 - Soliciting and Selling) 

(cf. 5022 - Student and Family Privacy Rights) 

(cf. 6142.4 - Service LearnmglCoimnunity Service Classes) 

. When appfc’ ndvn by Superintendent 

“‘ funds may be ilicited 

•a 

federal law. (Education Code 51520) 

distribated z for thosetisan oiizati-that 

. ... rM 

materia1 

or licensed by tnt@. 

Whether solicitations are made on behalf of the school or on behalf of a charitable 

organization, students shall not be barred from an event or activity because they did not 

participate in fund-raising. Potential donors, including parents/guardians and members of 

the conununity, should not be unduly pressured to contribute to the school system or 

charitable organizations. Staff is expected to emphasize the fact that donations are always 

voluntary. Students are discouraged to-from soliciting door to door. 

The Superintendent or designee shall ensure that parents/guardians are informed of the 

purpose of fund-raisers. 

Solicitations on Behalf of the School 

All fund raising activities conducted and confined to a specific school, that involve students 

(participating, buying, selling) shall first have the written approval of the school principal. 

(cf. 0420 - School Plans/Site Councils) 

(cf. 1230 - School-Connected Organizations) 

(cf. 1260 - Educational Foundation) 

(cf. 3290 - Gifts, Grants and Bequests) 

(cf. 3554 - Other Food Sales) 

225

I 

District Wide Initiated Fund Raising Activities 

All fund raising activities conducted on a district-wide basis shall first have the written approval 

of the school principal and the Superintendent or the Superintendent’s designee. 

The Superintendent or designee shall ensure that parents/guardians are informed of the purpose 

of all district-initiated fund-raisers benefiting the school or school groups. After the fund-raiser 

-is held,-parents/guardians shall be told how much money was raised and how it was spent. 

All Solicitations 

Whether solicitations are made on behalf of the school or on behalf of another charitable 

organization, the Board particularly desires that no students shall be made to feel uncomfortable. 

or pressured to provide funds. Staff is expected to emphasize the fact that donations are always 

voluntary. No students shall be barred from an activity because they did not participate in fund 

raising. 

Solicitations on Behalf of Charities 

When approved in advance by the Superintendent or designee, nonprofit, nonpartisan 

organizations that are properly chartered or licensed by state or federal law may solicit 

students on school grounds during school hours and within one hour before school has 

opened and one hour after school has closed. (Education Code 51520) 



51520 Prohibited solicitations on school premises (except such nonpartisan, charitable 

organizations as approved by the governing board) 

51521 Unlawful solicitations of contribution or purchase of personal property for benefit of 

public school or student body; exception 

BUSINESS AND PROFESSIONS CODE 

17510-17510.7 Charitable solicitations 

PENAL CODE 

319-329 Raffles 

REVENUE AND TAX CODE 

6361 Sales tax exemption for certain sales 


11706 Dangerous activities and occupations 



Healthy Food Policy Resource Guide, 2003 

ATTORNEY GENERAL PUBLICATIONS 

Guide to Charitable Solicitation, 1999 

Attorney General’s Guide for Charities, 1988 

226 

2

WEB SITES 

Office of the Attorney General: http:llcaag..state.ca.us 

Policy FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT 


revised: 

227 

3

- 

-- --AGENDA 

Fairfield-Suisun UnifIed School District 

ITEM: °VllI-A-1 

INFORMATION ITEM 

—--CATEGORY: EDUCATIONAL SERVICES 

TITLE: Review of Quarterly Report on Williams Uniform Complaints 

(District Goals I, II, and Ill) 


PREPARED BY: Marylou Wilson, Director of Instructional Support Services 

SUMMARY 

INFORMATION: Under the Williams Uniform Complaint Procedures, all California 

school districts are required to report summary data on the nature 

and resolution of all such complaints on a quarterly basis. The report 

shall be made to district governing boards and to the County 

Superintendent of Schools. The report shall include the number of 

complaints by general subject area with the number of resolved and 

unresolved complaints. 

FINANCIAL 




You will note on the summary of complaints that one complaint was 

filed during this time period. The complaint was filed by a teacher on 

August 26, 2011, reporting that Laurel Creek Elementary School did 

not have sufficient text books, desks, and chairs for the students 

enrolled in the school. Upon investigation, it was noted that 

approximately 50 more students enrolled in the school than 

projected. School and Central Office staff worked to ensure all 

students had the materials necessary for instruction. Additional 

desks and chairs were located on the campus immediately for the 

classrooms in need. Additional textbooks were ordered and delivered 

as they became available during the last few weeks. A final review of 

all teachers indicated that all textbook needs had been met at the 

school on September 22, 2011. 

The report is for the time period of July 1, 2011 through 

September 30, 2011. 

Attached is the information to be reported. 

228

Quarterly Report on Williams Uniform Complaints 

[Education Code § 35186] 

District: Fairfield-Suisun Unified School District 

Person completing this form: Marylou Wilson Title: Director, Instructional 

Support Services 

Quarterly Report Submission Date: January 2012 (October-December complaints) 

(check one) April 2012 (January-March complaints) 

July 2011 (April-June complaints) 

I1 October 2011 (July-September complaints) 

Date for information to be reported publicly at governing board meeting: October 13, 2011 

Please check the box that applies: 

No complaints were filed with any school in the district during the quarter indicated 

above. 

II Complaints were filed with schools in the district during the quarter indicated above. 

The following chart summarizes the nature and resolution of these complaints. 

Total#of 

General Subject Area . # Resolved # Unresolved 

Co niplaints 

Textbooks and - 1 - 

Instructional 

Materials 

Teacher Vacancy or - 

Misassignment 

Facilities Conditions 

TOTALS 

0 

- 1 

- - NA 

- 

- 

- 0 - 

- NA 

- 

-0- -NA- -NA- 

-1- -NA- -NA 

Jacki L. Cottingim-Dias, Ph.D. 

Print Name of District Superintendent 

Signature of District Superintendent 

Date 

229


AGENDA ITEM: VIII-A-2 



TITLE: WestEd Partnership: Past, Present, and Future 

(District Goal I) 


PREPARED BY: 

SUMMARY 

INFORMATION: Kathy Dunne, Director of Professional Development for WestEd’s 

Learning Innovations Program and Nick Hardy, Senior Program 

Associate for WestEd’s Learning Innovations Program will review 

and outline Fairfield-Suisun Unified School District’s partnership 

with WestEd. The presentation will highlight the professional 

development opportunities that were provided by WestEd for the 

past four years, as well as considerations for future learning 

opportunities. 

FINANCIAL 




230


AGENDAITEM: VIII-A-3 



TITLE: Local Educational Agency (LEA) Plan Report: Advancement Via 

IndividuaJ Determination (AVID) (District Goal I) 


PREPARED BY: Sheila Barrett McCabe, Director of Secondary Education 

SUMMARY 

INFORMATION: Staff will present a report on the Advancement Via Individual 

FINANCIAL 

IMPLICATIONS: None 



Determination (AVID) program in the Fairfield-Suisun Unified 

School District. Information will be provided on the following: 

• The scope of program 

• The academic offerings 

• The student benefits 

231

Fairfiéld-Suisun Unified School District 

AGENDA ITEM: Vll[-C-1 

INFORMATION 


TITLE: Review of Proposal to Extend the Term of the Employment 

Agreement for Assistant Superintendent of Educational Services 

Kristin Corey to June 30, 2013, By Amendment 

(District Goals I, II, Ill, IV and V) 


SUMMARY 

INFORMATION: It is proposed that, by amendment, the employment agreement for 

the Assistant Superintendent of Educational Services be extended 

for one year, making the effective ending date June 30, 2013. No 

further amendments are proposed. 

FINANCIAL 


FUNDING SOURCE N/A 


232

AMENDMENT TO EMPLOYMENT AGREEMENT 

This Amendment is entered into as the latest date set forth below to amend an Agreement 

for Employment of Assistant Superintendent by and between Kristin Corey (“Assistant 

Superintendent of Educational Services”) and the Fairfield-Suisun Unified School District 

(“District”) dated September 23, 2010. Effective date of this amendment shall be November 1, 

2011. 

RECITALS: 

The parties make this Amendment to Agreement, based on the promises contained 

therein and herein, by adding terms, covenants, and conditions as follows: 

1. Term of Agreement. The term of the Agreement is extended to June 30, 2013. 

IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement as 

of the latest date set forth below. 

ASSISTANT SUPERINTENDENT: DISTRICT: 

Dated: Dated: 

By:___________________________ By:_____________________ 

Kristin Corey Patricia Shamansky 

Board President 

JCD:dlr 

10/6/11 

233


AGENDA ITEM VIII-C-2 

INFORMATION 


TITLE: Review of Proposal to Extend the Term of the Employment 

Agreement for Assistant Superintendent of Business Services 

Kelly Morgan to June 30, 2013, By Amendment 

(District Goals I, I!, III, IV and V) 


SUMMARY 

INFORMATION: It is proposed that, by amendment, the employment agreement for 

the Assistant Superintendent of Business Serves be extended for 

one year, making the effective ending date June 30, 2013. No 

further amendments are proposed. 

FINANCIAL 




234

AMENTMENT TO EMPLOYMENT AGREEMENT 

This Amendment is entered into as the latest date set forth below to amend an Agreement 

for Employment of Assistant Superintendent by and between Kelly Morgan (“Assistant 

Superintendent of Business Services”) and the Fairfield-Suisun Unified School District 

(“District”) dated November 13, 2008. Effective date of this amendment shall be November 1, 

2011. 

RECITALS: 

The parties make this Amendment to Agreement, based on the promises contained 

therein and herein, by adding terms, covenants, and conditions as follows: 

1. Term of Agreement. The term of the Agreement is extended to June 30, 2013. 

IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement as 

of the latest date set forth below. 

ASSISTANT SUPERINTENDENT: DISTRICT: 

Dated: Dated: 

By:___________________________ By:_________________ 

Kelly Morgan Patricia Shamansky 

Board President 

JCD:dlr 

10/6/11 

235

Agendas - Fairfield-Suisun Unified School District

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