C E F A: Alifornia Ducational Acilities Uthority
C E F A: Alifornia Ducational Acilities Uthority
C E F A: Alifornia Ducational Acilities Uthority
915 Capitol Mall, Suite 590 Sacramento, California 95814 Phone: (916) 653-2872 Fax: (916) 653-2179
Edition: 02/2012
Legal Name of Applicant: Street Address: City, State & Zip Code: County: Contact Person / Title: Phone: Email: Campus Location: Fax:
TAB 2
Project Information:
Provide the following information about the projects:
A list and description of the projects that will be financed with bond proceeds A brief description of how the projects are eligible under California Education Code, Section 94110 A list of any environmental benefits associated with the proposed project(s), if applicable (e.g. use of sustainable design principles; LEED certification; incorporation of renewable energy sources and/or the conservation of resources; improved: energy efficiency, air quality, water quality, etc.)
TAB 3
Accreditation:
Provide copies of latest accreditation letters from the Western Association of Schools and Colleges, State Bar Examiners and/or any other accreditations and affiliations.
TAB 4
Financial Information:
Provide copies of your consolidated audited financial statements for the three most recent fiscal years. Briefly discuss going concern or any substantive year-to-year changes or trends in the revenues and expenditures and assets and liabilities for the prior three years. Also, briefly discuss managements financial outlook for the institution over the next three years, including the effects of this proposed financing.
Page 1
TAB 5
Exhibits:
Please complete the following exhibits:
Legal Status Questionnaire Religious Certification and Acknowledgement California Environmental Quality Act (CEQA) Iran Contracting Act (to be completed by the Underwriter)
Informational Items:
Other Informational Items can be provided by the Underwriter Counsel and Lead Underwriter and submitted under a separate cover.
Page 2
Application Certification:
Please transfer the following certification language onto letterhead and have the appropriate official sign and date the certification.
I, (name of signatory), as (name of position), an authorized officer of (name of applicant), certify that, to the best of my knowledge, the information contained in this application is true and accurate, and I further certify that no Event of Default currently exists under any prior loan agreement between (name of applicant) and the Authority.
By (Print Name)
Signature
Title
Date
Page 3
Exhibit A
1. Disclose material information relating to any legal or regulatory proceeding or investigation in which the applicant is or has been a party and which might have a material impact on the financial viability of the project or the applicant. Such disclosures should include any parent, subsidiary, or affiliate of the applicant sponsor that is involved in the management, operation, or development of the project.
2. Disclose any civil, criminal, or regulatory action in which the applicant, or any current board members (not including volunteer board members of non-profit entities), partners, limited liability corporation members, senior officers, or senior management personnel has been named a defendant in such action in the past ten years involving fraud or corruption, or matters involving health and safety where there are allegations of serious harm to employees, the public, or the environment.
Disclosures should include civil or criminal cases filed in state or federal court; civil or criminal investigations by local, state, or federal law enforcement authorities; and enforcement proceedings or investigations by local, state or federal regulatory agencies. The information provided must include relevant dates, the nature of the allegation(s), charters, complaint or filing, and the outcome.
Page A-1
Exhibit B Religious Certification and Acknowledgement I, (name of signatory), hereby certify that I am the (name of position) of (name of applicant), and am authorized to, and do hereby, certify that: (1) (name of applicant) offers a broad curriculum in secular subjects; and (2) the information and coursework used to teach secular subjects is neutral with respect to religion and neither promotes nor opposes any particular religion or religion in general, and the academic content of classes in secular subjects is typical of that provided in nonreligious institutions for higher education. I acknowledge that in connection with the financing requested (including new financing or refinancing), (name of applicant) will be required to covenant that no bond proceeds will be used to finance any facility, place, or building used or to be used for sectarian instruction, as a place for religious worship, or in connection with any part of a program of a school or department of theology or divinity, or to finance any class that includes instruction information or coursework that promotes or opposes a particular religion or religious beliefs, in each case through the useful life of the facility, place or building.
By (Print Name)
Signature
Title
Date
Page B-1
California Educational Facilities Authority Checklist All Applicants for CEFA financings must submit documentation demonstrating compliance with Division 13 commencing with Section 21000 of the Public Resources Code (CEQA Requirements): If the project is subject to CEQA Requirements, provide the following documentation or justification for each project:
Notice of Determination Received (Attach Copy) Notice of Exemption Received (Attach Copy) Other documents evidencing compliance (e.g. permits, local authority approval documents, printed authorizations, OSHPD Plan Review status, etc.) Project is considered a Special Situation (see Title 14 California Code of Regulation, Sections 15180-15190) (Provide written justification of compliance with applicable section.) Additionally, please provide a listing of the following for these documents: Name of approving Agency: Date approval given: If project is not subject to CEQA Requirements provide a written justification and rationale using one of the following categories: Is not a Project as defined by CEQA Requirements (see Title 14 California Code of Regulation, Section 15378) Project is Statutorily Exempt (see Title 14 California Code of Regulation, Sections 15260-15285) Project is Categorically Exempt (see Title 14 California Code of Regulation, Sections 15300-15333)
Page C-1
Exhibit D STATE OF CALIFORNIA CALIFORNIA EDUCATIONAL FACILITIES AUTHORITY Iran Contracting Act
Pursuant to Public Contract Code sections 2200-2208, an applicant at the time of bid or proposal for a new contract, or renewal of an existing contract may be ineligible to bid on, submit a proposal for, or enter into or renew a contract with a public entity for goods or services of one million dollars or more, if the applicant is identified on a list created by the Department of General Services under Public Contract Code section 2203(b) as a person engaging in investment activities in Iran as described in Public Contract Code section 2202.5(a) or is a financial institution described in Public Contract Code section 2202.5(b) as extending twenty million dollars or more in credit for 45 days or more to a person that will use the credit to provide goods or services in the energy sector in Iran and is identified on the list created by the Department of General Services. The applicant is required to complete this certification and submit it to the California Educational Facilities Authority. At the time an application for financing is submitted, the applicant must also include a certification from its selected underwriter(s) that either the underwriter(s) is not identified on the Department of General Services list created pursuant to Public Contract Code section 2203(b) as described above and is not a financial institution as described above or that it has received written permission from the California Educational Facilities Authority to enter into a bond purchase agreement, or similar agreement, pursuant to Public Contract Code section 2203(c). Please check one of the following two paragraphs and sign below: 1. We are not currently identified on a list created by the Department of General Services pursuant to Public Contract Code section 2203(b) as a person engaging in investment activities in Iran as described in Public Contract Code section 2202.5(a), nor are we a financial institution described in Public Contract Code section 2202.5(b) as extending twenty million dollars or more in credit for 45 days or more to a person that will use the credit to provide goods or services in the energy sector in Iran and is identified on the list created by the Department of General Services pursuant to Public Contract Code section 2203(b). OR 2. We are identified on a list created pursuant to Public Contract Code section 2203(b), but we have received written permission from the California Educational Facilities Authority to enter into a bond purchase agreement, or similar agreement, pursuant to Public Contract Code section 2203(c). A copy of the written permission from California Educational Facilities Authority is included with this certification.
CERTIFICATION: I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the applicant to the clause listed above. This certification is made under the laws of the State of California.
Dated: Signature
Firm Name
Page D-1
Informational Items
Certain information must be provided when the application is submitted. Either the Underwriter Counsel or the Lead Underwriter can provide these items.
*Financing team participants are subject to approval by the Authority and the State Treasurers Office (STO). The Authority and the STO may require additional participants be added to the financing team.