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School Board agenda 4/1/09

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  • Cathy Travlos
    West Contra Costa Unified School District Board of Education Meeting Agenda April 1, 2009 Board Agenda Packets and Information: Complete Board meeting packets
    Message 1 of 1 , Mar 27, 2009
      West Contra Costa Unified School District
      Board of Education
      Meeting Agenda
      April 1, 2009
      Board Agenda Packets and Information:
      Complete Board meeting packets are available for review at the
      Administration Building, the District’s six high schools,
      and at public libraries throughout West County.
      Complete Board agendas and packets are available online at:
      http://www.wccusd.net/board/APM_index.shtml
      Any writings or documents that are public records and are provided to a
      majority of the governing board regarding an
      open session item on this agenda will be made available for public
      inspection in the District office located at 1108 Bissell
      Avenue, Richmond, CA 94801 during normal business hours. In addition,
      such writings and documents may be posted
      on the District’s website as noted above.
      Viewing and Listening to the Board Meetings:
      Television:
      Live television broadcast of regularly scheduled Board meetings is
      temporarily suspended due to construction at the
      Richmond Civic Center. Board meetings will be rebroadcast by the City of
      Pinole on PCTV Channel 26/28, the City of
      Richmond KCRT Channel 28 and the City of Hercules Cable Channel 28.
      Please check the city websites for local listings
      of rebroadcast schedules.
      You may also find the complete meeting available on a tape-delay basis
      through the Richmond City Web Page at:
      http://www.kcrt.com within a few days of the recording date.
      Radio:
      Radio broadcast of regularly scheduled Board meetings is temporarily
      suspended.
      Audio tapes of Board meetings are kept on file in the Communications
      Office, Room 215, 1108 Bissell Avenue,
      Richmond, CA 94801 (510-231-1132). The Board of Education would like to
      acknowledge the cities of Pinole and
      Richmond for their generosity in helping to televise WCCUSD Board of
      Education meetings.
      Attending Board Meetings:
      The public is warmly invited to attend and participate in all WCCUSD
      Board of Education meetings.
      Location: LOVONYA DEJEAN MIDDLE SCHOOL
      3400 MACDONALD AVENUE
      RICHMOND, CA 94805
      Time: The Board of Education’s Open Session meeting will begin at 6:30
      PM. The Board will convene at
      5:30 PM in the Multi-Purpose Room to receive comments from anyone
      wishing to address the Board
      regarding closed session items (Exhibit A). The Board will then adjourn
      to closed session and reconvene
      in open session to address the regular agenda (Exhibits B-G) at 6:30 PM.
      Special Accommodations: Upon written request to the District,
      disability-related modifications or accommodations,
      including auxiliary aids or services, will be provided. Please contact
      the Superintendent’s Office at 510-231-1101 at least
      48 hours in advance of meetings.
      “of children be more careful than anything.”
      e.e. cummings
      WCCUSD Board of Education 2
      Meeting Agenda – April 1, 2009
      B. OPENING PROCEDURES
      B.1 Pledge of Allegiance
      B.2 Welcome and Meeting Procedures
      B.3 Roll Call
      * B.4 Presentation of Student Board Representative Blanca Zepeda,
      Richmond High School
      Comment:
      Student Board Representative Blanca Zepeda will be representing Richmond
      High School at the Board of
      Education on April 1, 2009. We would like to recognize and commend her
      participation.
      Recommendation: For Information Only
      Fiscal Impact: None
      B.5 Report/Ratification of Closed Session
      * B.6 Agenda Review and Adoption (Public Comment)
      * B.7 Board Minutes: March 18, 2009
      C. BUSINESS ITEMS
      CONSENT ITEMS (Routine Matters)
      Consent Calendar Items designated by “CI” are considered routine and
      will be enacted, approved and
      adopted by one motion, unless a request for removal, discussion or
      explanation is received from any
      Board member or member of the public in attendance. Items the Board
      pulls for discussion or
      explanation will be addressed following Section E.
      *CI C.1 Contracted Services
      Comment:
      Permission is requested of the Board of Education to approve contracts
      for services as detailed dated
      April 1, 2009.
      Recommendation: Recommend Approval
      Fiscal Impact: As noted per contracts summary
      *CI C.2 Grants/Awards/Agreements
      Comment:
      Formal acceptance is requested from the Board of Education to accept the
      grants/awards/agreements, as
      detailed dated April 1, 2009.
      Recommendation: Recommend Approval
      Fiscal Impact: As noted per grants summary
      WCCUSD Board of Education 3
      Meeting Agenda – April 1, 2009
      *CI C.3 Acceptance of Donations
      Comment:
      The District has received donations as summarized dated April 1, 2009.
      The estimated values for any
      non-cash donations are those provided by the donor. Staff recommends
      acceptance of these donations.
      Recommendation: Recommend Approval
      Fiscal Impact: As noted per donations summary
      *CI C.4 Approval of Fund-Raising Activities
      Comment:
      The planned fund-raising events for the 2008-09 school year are
      summarized dated April 1, 2009.
      Recommendation: Recommend Approval
      Fiscal Impact: Additional revenue for schools
      *CI C.5 Notification of Claims Rejected
      Comment:
      The District has received a claim requesting compensation for personal
      injury. The District’s risk
      management firm has investigated the claim and is requesting the School
      Board to ratify the authorized
      claim rejection.
      Recommendation: Ratify the rejection of claim
      Fiscal Impact: None
      *CI C.6 Notice of Completions: Bid M05035 Downer New Campus, D06048 El
      Cerrito HS Main
      Campus, J068134 Ford Transitional Housing at Downer, J068107 DeAnza HS
      New Field
      House, J068108 Richmond College Prep Portables, J068129 Richmond College
      Prep Ph 1
      Campus, J068130 Leadership Temporary Campus
      Comment:
      A substantial Completion Notice has been received for:
      Bid M05035 Downer New Campus
      Bid D06048 El Cerrito HS Main Campus
      Bid J068134 Ford Transitional Housing at Downer
      Bid J068107 DeAnza HS New Field House
      Bid J068108 Richmond College Prep Portables
      Bid J068129 Richmond College Prep Ph 1 Campus
      Bid J068130 Leadership Temporary Campus
      Major construction projects are subject to acceptance by the governing
      board before a Notice of
      Completion can be processed, and final payment of the contract made. (BP
      7470)
      WCCUSD Board of Education 4
      Meeting Agenda – April 1, 2009
      Staff recommends acceptance of the work completed by the following
      contractors:
      West Bay Builders Bid M05035 Downer New Campus,
      Lathrop Construction Bid D06048 El Cerrito HS Main Campus
      Bay Cities Paving Bid J068134 Ford Transitional Housing at Downer
      Bollo Construction Bid J068107 DeAnza HS New Field House
      Mobile Modular Bid J068108 Richmond College Prep Portables
      Bay Cities Paving & Grading Bid J068129 Richmond College Prep Ph 1 Campus
      Bay Cities Paving & Grading Bid J068130 Leadership Temporary Campus
      Recommendation: Recommend approval of these notices of completions
      Fiscal Impact: None
      *CI C.7 Certificated Personnel Changes
      Comment:
      Routine personnel changes include actions to hire, promote, or terminate
      certificated employees in accord
      with appropriate laws, established policies and procedures.
      Recommendation: Recommend Approval
      Fiscal Impact: None
      *CI C.8 Routine Personnel Changes - Classified
      Comment:
      Routine personnel changes include actions to hire, promote, or terminate
      classified employees in accord
      with appropriate laws, established policies and procedures.
      Recommendation: For Information Only
      Fiscal Impact: None
      *CI C.9 Ratification and Approval of Engineering Services Contracts
      Comment:
      Contracts have been initiated by staff using previously qualified
      engineering, architectural, or landscape
      architectural firms to assist in completion of the referenced projects.
      Many of the firms are already under
      contract and the staff-initiated work may be an extension of the firm’s
      existing contract with the District.
      Public contracting laws have been followed in initially qualifying and
      selecting these professionals.
      Recommendation: Ratify and approve contracts
      Fiscal Impact: Total for this action: $82,320. Funding sources as noted.
      WCCUSD Board of Education 5
      Meeting Agenda – April 1, 2009
      *CI C.10 Ratification and Approval of Negotiated Change Orders
      Comment:
      Staff is seeking ratification of Change Orders on the following current
      District construction projects:
      Dover Elementary School Sitework Ph. I; El Cerrito HS Admin/Theater
      Building; Richmond HS
      Bleachers; and King Elementary Sitework and Demolition. Change Orders
      are fully executed by the
      District upon signature by the Superintendent’s designee. Board
      ratification is the final step required
      under state law in order to complete payment and contract adjustment.
      In addition to normal ratification, approval of the noted Change Orders
      for the Ford Elementary Temp
      Campus and Pinole Middle School New Gym & Classroom projects is required
      by the Board, with
      special findings as noted below, because these are in excess of the
      Public Contract Code limit of 10% of
      the original contract value. In accordance with Public Contract Code
      20118.4, the Board, by approving
      and ratifying these Change Orders, finds that it would have been futile
      to publicly bid the work in
      question because of the tight time frames to complete this work without
      affecting the operations of the
      District, and that the public is best served by having this work
      completed by the contractor on the
      project.
      Recommendation: Ratify negotiated Change Orders as noted
      Fiscal Impact: Total ratification and approval by this action: $467,868.71.
      *CI C.11 Transition Learning Center “TLC” Fence and Gates Project Award
      of Contract
      Comment:
      The District has received funding for the replacement of damaged fencing
      and gates at TLC. Funding is
      under the Office of Public School Construction’s Emergency Repair
      Program (“ERP”). The Seville Group
      (“SGI”) has prepared bid specifications for the District on this
      project. The District conducted a public bid
      process. Bids were opened on March 17, 2009. Nine Contractors submitted
      bids. They are as follows:
      West Coast Fence $88,316; ERA Construction $88,308; Bailey Fence
      $74,914; Fencecorp, Inc. $74,680;
      North American Fence $74,200; Golden Bay Fence $71,275; Crusader Fence
      $69,950; AAA Fence Co.
      $61,847; and Chain Link Fence $61,121. The lowest responsive,
      responsible bidder is Chain Link Fence.
      Recommendation: Award contract to the lowest responsive, responsible bidder.
      Fiscal Impact: $61,121. Funded from the state Emergency Repair Program
      (“ERP”).
      *CI C.12 Ivy League Summer Programs: Students from El Cerrito High
      School, Pinole Valley High
      School, Hercules High School and Richmond High School will participate
      in College
      Readiness Programs offered at respective Ivy League Colleges and
      Universities
      Comment:
      The Ivy League Connection program has been an integral college awareness
      program in the West Contra
      Costa Unified School District for the last three years. Students from El
      Cerrito, Pinole Valley, Hercules
      and Richmond high schools participate in a rigorous screening process in
      order to gain acceptance into a
      summer program at an Ivy League university. The Ivy League program has
      grown tremendously through
      the contributions of benefactors and corporations vested in providing
      educational opportunities for our
      students. This summer, West Contra Costa Unified School District will be
      sending thirty students to
      WCCUSD Board of Education 6
      Meeting Agenda – April 1, 2009
      various Ivy League universities including Cornell University, Columbia
      University, Brown University and
      University of Pennsylvania. The district pays the travel costs and to
      provide chaperons estimated at
      $45,000 for 2009. Private contributions fund the program costs at each
      school. The Ivy League
      Connection promotes the college going culture in WCCUSD as participants
      in the program share their
      experiences with elementary and middle school students throughout the
      year and participate with alumni
      from the Ivy League schools.
      Board members Madeline Kronenberg and Charles Ramsey have acted as the
      fund raisers and program
      administrators for the Ivy League Connection since its inception in
      2006. The District has paid for travel
      for Ms. Kronenberg and Mr. Ramsey so that all the funds raised from
      private contribution can be used for
      direct program expenses. Their presence at these institutions results in
      securing scholarships for
      WCCUSD students including new scholarships for 2009: $16,000 – Brown;
      $6,000 – Cornell; and
      $7,000 – Columbia.
      Additionally their presence at the universities has resulted in having
      the application fees waived (Yale,
      Brown and Cornell) – a savings of more than $2000. Since the program
      began in 2006, Ms. Kronenberg
      and Mr. Ramsey have raised just over $500,000 for the program. The cost
      for Mr. Ramsey and
      Ms. Kronenberg to travel to the east coast this summer is just over $7,000.
      Mr. Ramsey’s and Ms. Kronenberg’s presence at these schools has also
      brought about new opportunities
      for WCCUSD students. WCCUSD students would not be going to Yale or
      Princeton this summer if
      they had not set up meetings with the Deans of those programs last summer.
      Recommendation: That the Board approve both the travel for Board Members
      Ramsey and Kronenberg
      and the costs for 2009 Ivy League Connection program.
      Fiscal Impact: $47,000
      *CI C.13 Citizens’ Bond Oversight Committee Appointments, City of Pinole
      Candidates
      Comment:
      The Pinole City Council nominated Peter Murray to replace Maureen Toms
      as the delegate to the Citizens’
      Bond Oversight Committee. The Council further moved the appointment of
      Roy Swearingen as the next
      alternate delegate to the CBOC.
      Recommendation: Recommend approval of these appointments
      Fiscal Impact: None
      *CI C.14 Citizens’ Bond Oversight Committee Appointment
      Comment:
      The following appointment has been made to the Citizens’ Bond Oversight
      Committee:
      Mr. Robert Studdiford, representing Board member Charles Ramsey
      Recommendation: Recommend approval of this appointment
      Fiscal Impact: None
      WCCUSD Board of Education 7
      Meeting Agenda – April 1, 2009
      *CI C.15 Citizens’ Bond Oversight Committee Member Appointment
      Comment:
      The City of Hercules position on the District’s Citizens’ Bond Oversight
      Committee has been held for the
      past two years by Charleen Raines. The City Council reappointed Charleen
      Raines to an additional two-
      year term at its meeting of September 23, 2008.
      Recommendation: Confirm the appointment of Charleen Raines as the City
      of Hercules member to the
      Citizens’ Bond Oversight Committee
      Fiscal Impact: None
      *CI C.16 Revised – Board of Education Meeting Dates 2009 Calendar Year
      Comment:
      With the state budget crisis and the May 19 special election on
      propositions that will impact the funding to
      the school district, the Governor’s office will be delaying the May
      budget update, known as the May
      Revise, until early June. In the current calendar the Board is scheduled
      to adopt the budget for 2009-10 at
      a meeting on June 17. The delay in the release of state budget
      information will make it impossible to have
      a WCCUSD budget by that date.
      Recommendation: That the Board adjust the calendar of meetings and hold
      the second June meeting on
      June 24, 2009.
      Fiscal Impact: None
      D. AWARDS, RECOGNITIONS, AND REPORTS
      * D.1 Budget Updates – Summary of Community Input
      Comment:
      Staff will provide information on the results of the community budget
      meetings held on February 24
      and 26, 2009.
      Recommendation: For Information Only
      Fiscal Impact: Further analysis will be necessary to fully quantify the
      financial impact.
      * D.2 Standing Reports
      Representatives of the following committees and employee unions are
      invited to provide a brief update
      to the Board. Representatives from these groups need to sign up to speak
      prior to the beginning of this
      item on the agenda by submitting a “Request to Address the Board” form.
      Two minutes may be allowed
      for each subcommittee or group listed below:
      WCCUSD Board of Education 8
      Meeting Agenda – April 1, 2009
      Academic Subcommittee Public Employees Local 1
      Bayside Parent Teacher Association School Supervisors Association
      Citizens’ Bond Oversight Committee United Teachers of Richmond
      Community Budget Advisory Committee West Contra Costa Administrators
      Association
      Facilities Subcommittee
      Ivy League Connection
      Safety Committee
      Special Education Citizens Advisory Committee
      E. PUBLIC AND COMMITTEE COMMUNICATIONS
      (Education Code 35145.5; Government Code 54950 et seq.)
      * E.1 Superintendent’s Report
      * E.2 WCCUSD Public Comment
      Members of the public are invited to speak to the Board about any matter
      that is not otherwise on the
      agenda and is related to issues affecting public education in the
      WCCUSD. Approximately 30 minutes
      will be allocated for this item. If there are more requests to speak
      than can be heard within this time
      limit, “WCCUSD Public Comment” will continue after Item G. Individuals
      wishing to speak must
      submit a “WCCUSD Public Comment” form prior to the beginning of this
      item on the agenda.
      Depending on the number of persons who wish to speak, from one to three
      minutes will be allocated to
      each speaker at the discretion of the President of the Board in order to
      accommodate as many speakers
      as possible. The Board cannot dialogue on any issues brought before it
      by the public that have not been
      previously agendized, but may refer these to staff for response and/or
      placement on future agendas.
      F. ACTION ITEMS
      * F.1 NCLB District Corrective Action – Local Educational Agenda (LEA) Plan
      Comment:
      At the November 2008 meeting, the State Board of Education invoked the
      following corrective actions
      for West Contra Costa Unified School District and 49 other districts:
      • Contract with one of the 38 state-approved District Assistance and
      Intervention Teams (DAITs)
      to receive targeted support in improving student performance.
      • Revise the district’s Local Educational Agency (LEA) Plan to address
      and improve the practices
      that led to the PI Year 3 identification by March 9, 2009.
      • Institute and fully implement a new curriculum that is based on the
      state academic standards.
      Education Consultants (WCCUSD’s DAIT provider) will provide an overview
      of the revised LEA Plan.
      Recommendation: Board Approval The LEA Plan is posted on the WCCUSD
      website and
      a copy is at the front counter at 1108 Bissell Avenue,
      Fiscal Impact: Title I District Improvement Funds Richmond, CA
      WCCUSD Board of Education 9
      Meeting Agenda – April 1, 2009
      * F.2 Presentation of the Measure M, Measure D and Measure J 2007-08
      Fiscal Audit by Perry
      Smith, LLP
      Comment:
      Lisa Bruno, Senior Vice President of Perry-Smith LLP, will present the
      2007-08 Fiscal Audit for the
      Measure M, Measure D and Measure J Bond programs.
      The 2007-08 Bond Audit Report is posted on the WCCUSD web site and a
      copy is at the front counter at
      1108 Bissell Avenue, Richmond, CA.
      Recommendation: Staff recommends acceptance of the audit report.
      Fiscal Impact: None
      * F.3 Annual Performance Audit of District Bond Program
      Comment:
      The District is required to complete an annual independent Performance
      Audit of the Bond Program.
      Total School Solutions has completed the audit and will present the
      report to the Board for acceptance.
      The audit report can be viewed on the Citizens’ Bond Oversight
      Committee’s section of the WCCUSD
      website and at the Facilities Operation Center, located at 1300 Potrero
      Avenue, Richmond.
      Recommendation: Accept Annual Performance Audit for 2007/2008, dated
      June 30, 2008
      Fiscal Impact: None
      * F.4 Public Hearing and Adoption of Budget Flexibility for Tier III
      Programs
      Comment:
      The 2009 Budget Act enacted a series of reductions to the revenues of
      school districts and also
      contained language permitting districts to seek relief from these cuts
      by repurposing funds from what
      has traditionally been restricted funding. From a practical standpoint,
      repurposing of these funds
      requires that school districts either cut or reduce the programs and
      staffing associated with the State
      funds or find alternative funding sources to support the ongoing efforts
      of these programs.
      In some cases, certain programs must be kept as a priority and there are
      not other categorical sources to
      use for funding. Therefore, these programs would remain intact within
      the general fund. That is why
      the net estimated transfer is $8,000,000.
      The State budget language also allows flexibility transfer for 2008-09.
      However, the 2008-09 programs
      have been up and running since the beginning of this school year. These
      programs have had to absorb
      mid year cuts of 15.4%. Therefore, while we are requesting authority to
      transfer funds, we must finalize
      the year end closing to determine the final transfer amount.
      The funds transferred will be utilized for the purposes of paying salary
      and benefits for general fund,
      unrestricted budget.
      WCCUSD Board of Education 10
      Meeting Agenda – April 1, 2009
      Recommendation: Staff recommends that the Board adopt the flexibility
      transfers for Tier III programs
      as provided for in the 2009 State Budget Act.
      Fiscal Impact: Estimated net flexibility transfer 2009-10 forward
      $8,000,000. 2008-09 Final transfer
      amount to be determined.
      * F.5 K-3 Class Size Reduction Program (CSR)
      Comment:
      The 2009-10 Budget which was adopted by the State Legislature includes a
      major change in the K-3 Class
      Size Reduction Program (CSR). The new implementation language provides a
      window for alternative
      implementation of Class Size Reduction that still provides smaller class
      sizes than required by Education
      Code, yet can save substantial money for cash strapped districts.
      Due to the fiscal issues facing the District, staff recommends the
      option with greatest savings.
      Recommendation: Recommend Option Four
      Fiscal Impact: Savings of $4,000,000
      * F.6 Resolution No. 78-0809: Authorization to Eliminate Classified
      Positions and Layoff
      Classified Employees
      Comment:
      A lack of work and/or funds necessitates the elimination of the attached
      classified positions.
      Recommendation: Recommend Approval
      Fiscal Impact: To be determined
      G. DISCUSSION ITEMS
      * G.1 Status Reports – Facilities Planning and Construction
      Comment:
      The following are provided for review of Facilities Planning and
      Construction in the District’s Bond
      Program and for information regarding individual projects:
      Engineering Officer’s Report—Verbal Presentation
      Construction Status Reports—Current Construction Projects
      Recommendation: For Information Only
      Fiscal Impact: None
      H. UNFINISHED REQUESTS TO ADDRESS THE BOARD (continued from Item E)
      I. COMMENTS OF THE BOARD OF EDUCATION AND SUPERINTENDENT
      WCCUSD Board of Education 11
      Meeting Agenda – April 1, 2009
      J. THE NEXT SCHEDULED BOARD OF EDUCATION MEETING
      April 4, 2009 – Lovonya DeJean Middle School (Special Meeting -
      Governance Retreat)
      April 22, 2009 – Lovonya DeJean Middle School (Joint Meeting with CBOC)
      K. ADJOURNMENT
      At 10:00 PM, any items remaining on the agenda that require immediate
      attention will be moved to this
      time. All other items will be tabled to another or the following Board
      meeting in order to make fair and
      attentive decisions. The meeting will adjourn at 10:30 PM. The meeting
      may be extended by a majority
      vote of the Board of Education.
      The public may address items which are marked with an asterisk (*).
      WCCUSD Board of Education 12
      Meeting Agenda – April 1, 2009
      Agenda Item: A
      A. CLOSED SESSION
      A.1 CALL TO ORDER
      A.2 DISCLOSURE OF ITEMS TO BE DISCUSSED IN CLOSED SESSION
      (Government Code 54957.7)
      A.3 RECESS TO CLOSED SESSION AS SCHEDULED
      See Exhibit A
      (Government Code Section 54954.5)
      The Open Session will resume at the end of the Closed Session in the
      Multi-Purpose Room at
      approximately 6:30 PM.
      EXHIBIT A
      (Government Code Section 54954.5)
      CLOSED SESSION AGENDA
      April 1, 2009
      1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
      1. Negotiator: Superintendent / Dr. Bruce Harter
      2. Property: Land located on either side of Lexington Avenue between
      Stockton Avenue and
      Eureka Street in El Cerrito, CA. Price and all terms of agreement.
      3. Property: 1021 Navellier Street, El Cerrito, CA. Price and all terms
      of agreement.
      2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
      [Government Code Section 54956.9(a)]
      1. WCCUSD v. RDS Architects
      2. Lumagbas et al. v. WCCUSD et al.
      3. Srago v. WCCUSD
      3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED/POTENTIAL LITIGATION
      [Government Code Section 54956.9(b)]
      Four cases
      4. LIABILITY CLAIMS (Government Code Section 54956.95)
      WCCUSD Board of Education 13
      Meeting Agenda – April 1, 2009
      5. CONFERENCE WITH LABOR NEGOTIATORS
      a. Superintendent/Dr. Bruce Harter
      b. Employee Organizations
      - UTR
      - Local One
      - School Supervisors Association
      - WCCAA
      c. Unrepresented Employees
      - Confidential and Management
      6. PUBLIC EMPLOYEE APPOINTMENT
      7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
      8. STUDENT DISCIPLINE (Education Code Section 35146)
      a. Expulsions
      9. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE/COMPLAINT
      (Government Code Section 54957)
      Teacher Dismissal
      10. REPORT OF CLOSED SESSION ACTIONS
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