OFFICIAL PROCEEDINGS
OF THE
RAPIDES PARISH SCHOOL BOARD
Alexandria, Louisiana
November 5, 2013
The Rapides Parish School Board of Rapides Parish, Louisiana, met in regular public session at 5:00 o’clock p.m. on Tuesday, November 5, 2013 at the regular meeting place of said board in the Rapides Parish School Board Office, 619 Sixth and Beauregard Streets, in Alexandria, Louisiana.
President Stephen Chapman called the meeting to order and on roll call the following members were present:
Stephen Chapman, President
Keith Breazeale, Vice President
John Allen, Member
Wilton Barrios, Member
Steve Berry, MemberJanet Dixon, MemberDarrell Rodriguez, Member
Julie McConathy, Member
Pam Webb, Member
Mr. Nason Authement, Secretary for the Board, was present for the meeting.
District Attorney James Downs was present for the meeting.
The Invocation was pronounced by Rev. Averi LaMalle of Good Hope Baptist Church after which Mrs. Janet Dixon led in the recitation of the Pledge of Allegiance.
(COPY OF OFFICIAL CALL MAILED TO EACH MEMBER OF THE RAPIDES PARISH SCHOOL BOARD AND POSTED IN A CONSPICUOUS PLACE AT THE MEETING PLACE OF SAID BOARD ON OCTOBER 29, 2013)
Alexandria, Louisiana
October 29, 2013
Dear Sir/Madam:
I, Stephen Chapman, do hereby give notice that the Rapides Parish School Board will meet in regular public session at its domicile at 619 Sixth and Beauregard Streets in the City of Alexandria, Louisiana, at 5:00 p.m. on
TUESDAY, NOVEMBER 5, 2013
for the purpose of considering, acting upon, deciding, and if deemed advisable, submitting the following propositions, to wit:
1. Call to order
2. Invocation, Pledge
3. Roll call
4. Recognize:
a. the Board’s student guest from Bolton High School – Mrs. Pam Webb
b. Cherokee Elementary for the bulletin board display in the lobby of the School Board Office for the month of November 2013 – Mr. Clyde Washington
5. Consent Agenda: Motion to adopt in globo the items listed on the consent agenda (the consent agenda is established by the Board’s Executive Committee and any board member may request that any consent agenda item be considered separately - whether considered in globo or separately, board member and public comment shall be permitted on any item listed on the consent agenda; see pages 4, 5 and 6)
6. Motion to hear a presentation from Mr. Lafe Jones (Cenla Chamber of Commerce), Valerie Aymond (Gilchrist Construction), and Dr. Marjorie Taylor (The Orchard Foundation) regarding the Chamber of Commerce’s role in WorkKeys/NCRC Programs in the school district – Mr. Nason Authement
*7. Motion to fund the resurfacing of the Alexandria Senior High track and not to exceed $130,000 – Mr. Keith Breazeale
*8. Motion to clarify bid specifications for the Bolton High Window Project – Mrs. Pam Webb
9. Motion for the RPSB to retain ownership of all windows removed from the Bolton High School Window Replacement Project due to their listing on the U.S. National Historic Registry. The Board is directing the Superintendent to:
· Report to the Board the number of windows at the school scheduled to be removed/replaced
· Validate the number after removal
· Provide storage on our properties pending any future action for disposal and/or auction or sale of the windows by the RPSB.
· This report is requested prior to and after completion of the Bolton High School Project – Mrs. Janet Dixon
*10. Motion to receive a report from the Administration concerning the following:(1) the student enrollment of each school for the current school year; (2) the number of in-school suspensions, out-of-school suspensions, the number of expulsions and the attendance rates for each school in the district for the school year 2012-2013 – Mr. John Allen
*11. Motion to request that the Administration revise, amend and propose a new job description for ESL District Facilitator to be presented at the November Board meeting – Mrs. Janet Dixon/Mr. Nason Authement
Pages 1-2
*12. Motion to approve revising existing policies as recommended by Forethought Consulting, pending review by legal counsel – Dr. Arthur Joffrion, Jr.
Pages 3-8
a. BBBC - School Board Member Continuing Education
b. GBN - Dismissal of Employees
*13. Motion to approve revising existing policies as recommended by Forethought Consulting, pending review by legal counsel – Mr. Clyde Washington and Mr. Roy Rachal
Pages 9-12
a. EBBC - Emergency/Crisis Management
b. EBC - Buildings and Grounds Security
*14. Motion to approve new policy as recommended by Forethought Consulting, pending review by legal counsel – Mr. Clyde Washington and Mr. Roy Rachal
Pages 13-14
a. GAMJ - Miscellaneous Conditions of Employment
*15. Motion to implement additional Fire Alarm Monitoring System to our existing contract with Interface Communication Company – Mr. Keith Breazeale
Pages 15-1
Source of funding Individual Maintenance
Amount $17,000 - $25,000 (estimate)
*16. Motion to request Board approval for the Superintendent to seek Request for Proposals for an independent CPA firm to conduct a targeted audit of the school district in the following areas: Title I and II Federal fund allocation, Special Education fund allocation, school athletic fundraising accounts, employee contracted salaries matched against actual employee payroll, grant fund allocation, discrepancies in state reporting of teacher and principal counts compared to teacher and principal counts reported by the district’s finance department and further, that, if approved, the RFP be extended to CPA firms within a 150 mile radius from Alexandria and not to extend beyond the borders of Louisiana and to request the source of funding and amount – Mr. Nason Authement
17. Motion to present information regarding Common Core – Dr. Arthur Joffrion, Jr.
Pages 19-22
18. Motion to hire a certified counselor in lieu of a substitute at Tioga Junior High School to replace the counselor retiring on December 6, 2013 (17 days of average pay from November 6 to December 6, 2013) – Dr. Arthur Joffrion, Jr.
Source of finding General Fund Amount $3,941.76 – 17/182 days $1,072.16 – Retirement $ 57.16 – Medicare (1.45%) $5,071.08 - Total
*19. Motion to review the proposed Pupil Progression Plan for 2014-2015; this plan will include the proposed structural committee and the plan’s implementation beginning 2014-2015 school year – Mrs. Kim Bennett
Page 23
*20. Motion to approve changes to the Pupil Progression Plan for the 2013-2014 academic year – Mrs. Kim Bennett
Pages 24-114
*21. Motion to approve revising existing policies as recommended by Forethought Consulting, pending review by legal counsel – Mrs. Shelly Close
Pages 115-124
a. IDDF – Education of Students with Exceptionalities
b. JGC – Student Health Services
*22. Motion to approve revising existing policies as recommended by Forethought Consulting, pending review by legal counsel – Mr. Clyde Washington
Pages 125-126
a. IKDC – Prayer in Schools
*23. Motion to approve revising existing policy as recommended by Forethought Consulting, pending review by legal counsel – Mrs. Ruby Smith
Pages 127-133
a. JCDAF – Bullying and Hazing
24. Motion to discuss and take action in connection with entering into an Interagency agreement with COPE, Incorporated, ETS and authorize the Board President and/or Superintendent to sign any and all documentation in connection therewith should the Board wish to accept liabilities and exposures – Mr. Roy Rachal and Mrs. Kim Bennett
Pages 134-139 Source of funding General Amount (To be decided)
25. Motion for the RPSB to discuss and take action on “no longer including backup materials in the RPSB packet for the Executive Meeting to set the agenda” - this backup material is included in the Committee agenda and the Regular RPSB meeting packet (this would be a cost saving measure) – Dr. Stephen Chapman
26. Motion to consider and take action with respect to adopting a resolution providing for the incurring of debt and issuance of $3,500,000 of Certificates of Indebtedness, Series 2013, of the Rapides Parish School Board of Parish of Rapides, State of Louisiana and providing for other matters in connection therewith – Ms. Liz Domite
Pages 140-159
27. Motion to hear an update on the activities of the Turn-Around Teams A and D – Mr. John Allen
Consent agenda: (Item 5)
A. Reports:
1. to receive an update on school construction projects – Mr. Clyde Washington
Pages 160-161
B. Action – Minutes
1. to approve the minutes of the 10-1-13 meeting, the 9-17-13 Personnel, Finance and District 62 Committee meetings and 9-23-13 Executive Committee meeting of the Board as written and to be published in the official journal, The Town Talk
C. Action – Finance
*1. to hear a budget update from the Finance Department – Mr. Steve Berry
*2. to hear quarterly report on Maintenance Funds – Ms. Liz Domite
Page 166
*3. to approve revising existing policy as recommended by Forethought Consulting, pending review by legal counsel – Ms. Liz Domite
Page 167
*4. to hear the budget update from the Finance Department - Mr. Steve Barry
*5. to hear quarterly report on Maintenance Funds - Ms. Liz Domite
Page 166
*6 to approve revising existing policy as recommended by Forethought Consulting, pending review by legal counsel - Ms. Liz Domite
Page 167
a. DFD – Tax and Bond Elections and Sales
*7. to ratify and confirmproposal(s) received by the Central Office Staff for and award to the recommended responsive and responsible proposer contingent on recommended proposer meeting all LA Public Bid Law and Contract Document Requirements and Specifications – Ms. Liz Domite
a. “Telephone System and Equipment Maintenance” (RFP # 14-27A) received on Wednesday, October 30, 2013 at 10:00 a.m.
Source of funding - General Fund
b. “Fire Alarm System Test and Inspection Service” (RFP # 14-54) received on Wednesday, October 23, 2013 at 10:00 a.m.
Source of funding Various Maintenance Amount $60,000.00
*8. to ratify and confirm bid(s) received by the Central Office Staff and award to the lowest responsive and responsible bidder contingent on low bidder meeting all LA Public Bid Law and Contract Document Requirements and Specifications – Ms. Liz Domite
a. “Boiler for Glenmora High School” (Bid # 14-18) received on Friday, October 25, 2013 at 2:00 p.m.
Source of funding QSCB Amount $50,000.0
b. “Chiller for Hayden R. Lawrence Upper Elementary” (Bid # 14-00) received on Friday, October 25, 2013 at 2:00 p.m.
Source of funding QSCB Amount $120,000.00
c. “Chiller for Horseshoe Drive Elementary” (Bid # 14-01) received on Friday, October 25, 2013 at 2:00 p.m.
Source of funding QSCB Amount $120,000.00
d. “Boiler for Oak Hill High School” (Bid # 14-19) received on Friday, October 25, 2013 at 2:00 p.m.
Source of funding QSCB Amount $100,000.00
e. “Pineville High Multi-Purpose Building” (Bid # 12-37A) received on Tuesday, October 22, 2013 at 2:00 P.M.
Source of funding District 52 Bonds Amount $2,500,000.00
f. “Annual Purchase of Band Instruments and Accessories” (Bid # 14-02) received on Wednesday, October 23, 2013 at 2:00 p.m.
Source of funding Maintenance Amount $87,000.00
*9. to approve the Jefferson Parish School Board’s request to participate in a Cooperative Purchasing Agreement with the Rapides Parish School Board for the purchase of educational materials (RPSB Bid # 12-29) - Ms. Liz DomitePage 168
*10. to enter into a Cooperative Purchasing Agreement with St. John the Baptist Parish School District for the procurement of Office Supplies pursuant to St. John the Baptist School District Bid # 14-10 (RPSB Bid File # 14-28) – Ms. Liz Domite
Page 169
*11. to approve Addendum #5 for (RFP # 12-51) between RPSB and Xerox Corporation for digital copiers/multi-function devices to replace finisher on Print Shop Machine that is too small with a larger finisher which will increase contract by $123.25/month ($145.62 - $22.37) and to authorize the Board President to sign any required documentation – Ms. Liz Domite
Pages 170-174
*12. to authorize the Board’s Insurance Consultant to negotiate renewal of Excess Workers’ Compensation Insurance coverage should renewal rates exceed CPI, the Board authorizes the Consultant to solicit competitive quotes and present the results of same and a recommendation of award to the Board at the December Regular Board Meeting – Mr. Roy Rachal
Source of funding General Fund Amount $90,000.00 (estimate)
D. Action - Discipline (Motion to go into Executive Session for 1, 2 and 3)
*1. to uphold the Rapides Parish School Board Review Committee’s recommendation – Mrs. Ruby Smith
2. to receive an update outlining the progress of each student attending the Rapides Alternative Learning Facility (RALF) - Mrs. Ruby Smith
3. to receive a report for students successfully completing the requirements for a performance contract – Mrs. Ruby Smith
E. Action – Personnel
*1. receive reports as follows: - Dr. Emily Weatherford
a. new hires, pending a satisfactory drug screening and background check
b. new hires in lieu of substitute
c. promotions
d. leave requests, rescissions, waivers, etc.
e. performance contract renewals
f. resignations and retirements
*2. to discuss any personnel complaints that may go before the full board for action – Dr. Emily Weatherford
*Denotes that these items have been through committee
IN TESTIMONY WHEREOF, Witness my official signature and the seal of the Rapides Parish School Board this 29th day of October 2013
/s/Stephen Chapman
President
ATTEST:
/s/Nason Authement
Secretary
S E A L
Public comment was solicited prior to the vote on items during this meeting.
Mrs. Pam Webb introduced the Board’s student guest, Mallory Bacon, asenior at Bolton High School, who was recognized for her academic and extracurricular achievements. Also recognized were Mallory’s family and Mrs. Connie Tyler, assistant principal at Bolton High School. (Item 4a)
The Board recognized Cherokee Elementary for the bulletin board display in the lobby of the School Board Office for the month of November 2013. (Item 4b)
Dr. Diann Norris of LSU-A and the Education Class were recognized at this time
A motion was made by Mr. Steve Berry and seconded by Mr. Wilton Barrios to consider and take action with respect to adopting a resolution providing for the incurring of debt and issuance of $3,500,000 of Certificates of Indebtedness, Series 2013, of the Rapides Parish School Board of Parish of Rapides, State of Louisiana and providing for other matters in connection therewith.Item 26)
Mr. Trevor Haynes of Foley and Judell presented the information and discussion ensued.
A substitute motion was made by Mr. Steve Berry and seconded by Mrs. Janet Dixon to adopt a resolution providing for the incurring of debt and issuance of $3,500,000 of Certificates of Indebtedness, Series 2013, of the Rapides Parish School Board of Parish of Rapides, State of Louisiana and providing for other matters in connection therewith accepting JPMorgan Chase Bank at 2.25%.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Rodriguez, Mrs. Webb, Mr. Barrios, Mrs. McConathy, Mrs. Dixon, Mr. Berry, Mr. Allen, Mr. Breazeale, Dr. Chapman
NAY: None
ABSENT: None
RESOLUTION
A resolution providing for the incurring of debt and issuance of Three Million Five Hundred Thousand Dollars ($3,500,000) of Certificates of Indebtedness, Series 2013, of the Parish School Board of the Parish of Rapides, State of Louisiana; prescribing the form, terms and conditions of said Certificates; designating the date, denomination and place of payment thereof in principal and interest; authorizing the agreement with the Paying Agent; providing for the acceptance of a commitment for the purchase of said Certificates; and providing for other matters in connection therewith.
WHEREAS, the General Fund Budget for the Parish School Board of the Parish of Rapides, State of Louisiana (the "Issuer"), for the current fiscal year shows an excess of revenues over statutory, necessary and usual charges and all other expenses for such fiscal year (including fund balance) sufficient to meet the maximum principal and interest requirements in any future year on the Certificates of Indebtedness authorized herein (the "Certificates"), and the Issuer, will herein obligate itself and its successors in office to budget and set aside annually adequate funds for the payment of the Certificates in principal and interest in future years; and
WHEREAS, Sections 2921 to 2925, inclusive, of Title 33 of the Louisiana Revised Statutes of 1950, as amended (R.S. 33:2921‑2925), authorize the Issuer to make and enter into contracts dedicating the excess of annual revenues of subsequent years above statutory, necessary and usual charges to the payment of the cost of public improvements which are to be borne by the Issuer under such contracts, provided all such dedications do not exceed the estimated excess of revenue above statutory, necessary, and usual charges for the year in which such contract is made; and
WHEREAS, pursuant to and in accordance with the foregoing, the Issuer now desires to incur debt and issue Three Million Five Hundred Thousand Dollars ($3,500,000) of its Certificates of Indebtedness, Series 2013, in the manner authorized and provided by the aforesaid Sections of the Louisiana Revised Statutes of 1950, as hereinafter provided, for the purpose of purchasing school buses and equipment and paying the costs incurred in connection with the issuance of the Certificates;and
WHEREAS, the Issuer is not now a party to any contract pledging or dedicating its excess annual revenues above statutory, necessary and usual charges, except with respect to the Outstanding Parity Certificates (hereinafter defined); and
WHEREAS, it is the intention of the Issuer that the Certificates authorized herein be secured by and payable from the excess of annual revenues of the Issuer on a parity with the Outstanding Parity Certificates; and
WHEREAS, it is the desire of the Governing Authority (hereinafter defined) to fix the details necessary with respect to the issuance of the Certificates and to provide for the authorization and issuance thereof; and
WHEREAS, it is the further desire of the Issuer to provide for the sale of the Certificates to the Purchaser (hereinafter defined) at the price and in the manner hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of the Parish of Rapides, State of Louisiana, acting as the governing authority (the “Governing Authority”) of the Parish of Rapides, State of Louisiana, for school purposes, that:
SECTION 1. Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
“Act” means Sections 2921 to 2925, inclusive, of Title 33 of the Louisiana Revised
Statutes of 1950, as amended, and other applicable constitutional and statutory authority.
“Agreement” means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.
“Certificates” means the Issuer's Certificates of Indebtedness, Series 2013, authorized by this Resolution in the total aggregate principal amount of $3,500,000.
“Certificate Register” means the records kept by the Paying Agent at its principal corporate trust office in which registration of the Certificates and transfers of the Certificates shall be made as provided herein.
“Code” means the Internal Revenue Code of 1986, as amended.
“Executive Officers” means, collectively, the President and the Secretary of the Issuer.
“Fiscal Year” means the one‑year accounting period commencing on July 1 of each year, or such other one‑year period as may be designated by the Governing Authority as the fiscal year of the Issuer.
“Governing Authority” means the Parish School Board of the Parish of Rapides, State of Louisiana.
“Government Securities”means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which are non‑callable prior to their maturity, may be United States Treasury obligations such as the State and Local Government Series and may be in book‑entry form.
“Interest Payment Date”means May 1 and November 1 of each year during which the Certificates are outstanding, commencing May 1, 2014.
“Issuer” means the Parish School Board of the Parish of Rapides, State of Louisiana.
“Outstanding” when used with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Resolution, except:
1. Any Certificate theretofore cancelled by the Paying Agent or delivered to the Paying Agent for cancellation;
2. Any Certificate for which payment or redemption sufficient funds have been theretofore deposited in trust for the owners of such Certificate with the effect specified in this Resolution or by law, provided that if such Certificate is to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived;
3. Any Certificate in exchange for or in lieu of which another Certificate has been registered and delivered pursuant to this Resolution;
4. Any Certificate alleged to have been mutilated, destroyed, lost or stolen which may have been paid as provided in this Resolution or by law; and
5. Any Certificate for the payment of the principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in this Resolution.
“Outstanding Parity Certificates”means, collectively, the Issuer's (i) Certificates of Indebtedness, Series 2004, of which issue $1,300,000 remains outstanding, (ii) Certificates of Indebtedness, Series 2005, of which issue $100,000 remains outstanding, (iii) Certificates of Indebtedness, Series 2006, of which $610,000 remains outstanding and (iv) Certificates of Indebtedness, Series 2011, of which $3,165,000 remains outstanding.
“Owner” when used with respect to any Certificate means the Person in whose name such Certificate is registered in the Certificate Register.
“Paying Agent’ means JPMorgan Chase Bank, N.A., in Baton Rouge, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution and thereafter "Paying Agent" shall mean such successor Paying Agent.
“Person” means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
“Purchaser” means JPMorgan Chase Bank, N.A., in Lafayette, Louisiana, the original purchaser of the certificates.
“Record Date” for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date.
“Resolution” means this Resolution authorizing the issuance of the Certificates, as it may be supplemented and amended.
SECTION 2. Authorization of Certificates; Maturities. In compliance with the terms and provisions of the Act, and other constitutional and statutory authority, and subject to the approval of the State Bond Commission, there is hereby authorized the incurring of an indebtedness of $3,500,000 for, on behalf of, and in the name of the Issuer, for the purpose of purchasing school buses and equipment and paying the costs incurred in connection with the issuance of the Certificates, and to represent said indebtedness, this Governing Authority does hereby authorize the issuance of Three Million Five Hundred Thousand Dollars ($3,500,000) of Certificates of Indebtedness, Series 2013, of the Issuer. The Certificates shall be in fully registered form, shall be dated the date of delivery thereof, shall be issued in a single denomination corresponding to the principal amount of $3,500,000, and shall be numbered R-1. The Certificates shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on each Interest Payment Date, commencing May 1, 2014, at the interest rate of two and one-quarter percent (2.25% ), and shall mature on May 1, 2023.
The principal of the Certificates, upon maturity or redemption, shall be payable at the principal office of the Paying Agent, upon presentation and surrender thereof, and interest on the Certificates shall be payable by check of the Paying Agent mailed by the Paying Agent to the Owner (determined as of the close of business on the Record Date) at the address shown on the Certificate Register. Each Certificate delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate, and each such Certificate shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.
No Certificate shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Certificate a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
The Certificates are hereby issued on a parity with the Outstanding Parity Certificates, and the Certificates shall rank equally with and enjoy complete parity of lien with the Outstanding Parity Certificates on the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Certificates and the Outstanding Parity Certificates are outstanding. It is certified that the Issuer has complied with, or will comply with prior to the issuance of the Certificates, all the terms and conditions for the issuance of pari passu certificates of indebtedness set forth in the resolution authorizing the issuance of the Outstanding Parity Certificates.
SECTION 3. Redemption Provisions. Except as set forth in this section, the Bonds are not callable for redemption prior to their stated maturity date.
The Bonds are subject to mandatory redemption at par plus accrued interest to the redemption date as follows:
Year Principal
(May 1) Amount
2015 $155,000
2016 155,000
2017 365,000
2018 375,000
2019 380,000
2020 390,000
2021 395,000
2022 630,000
2023* 655,000
*Final Maturity
SECTION 4. Registration and Transfer. The Issuer shall cause the Certificate Register to be kept by the Paying Agent. The Certificates may be transferred, registered and assigned only on the Certificate Register, and such registration shall be at the expense of the Issuer. A Certificate may be assigned by the execution of an assignment form on the Certificate or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Certificate or Certificates will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for such transferred and assigned Certificates after receipt of the Certificates to be transferred in proper form. Such new Certificate or Certificates shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Certificate during a period beginning at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date.
SECTION 5. Form of Certificates. The Certificates and the endorsements to appear thereon shall be in substantially the following forms, respectively, to‑wit:
[FORM OF CERTIFICATE]
No. R-1 Principal Amount $3,500,000
United States of America
State of Louisiana
Parish of Rapides
Certificate of Indebtedness, Series 2013
Parish School Board of the Parish of Rapides, State of Louisiana
Certificate Maturity Interest
Date Date Rate
2013 May 1, 2023 2.25%
The Parish School Board of the Parish of Rapides, State of Louisiana (the “Issuer”), promises to pay, but solely from the source and as hereafter provided, to:
JPMORGAN CHASE BANK, N.A.
or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Certificate Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, payable on May 1 and November 1 of each year, commencing May 1, 2014 (each an “Interest Payment Date”), at the Interest Rate per annum set forth above until said Principal Amount is paid. The principal of this Certificate, upon maturity, is payable in lawful money of the United States of America at the principal office of JPMorgan Chase Bank, N.A., in Baton Rouge, Louisiana, or successor thereto (the “Paying Agent”), upon presentation and surrender hereof. Interest on this Certificate is payable by check mailed by the Paying Agent to the registered owner (determined as of the close of business on the 15th calendar day of the month next preceding each Interest Payment Date) at the address as shown on the registration books of the Paying Agent.
This Certificate is one of an authorized issue aggregating in principal the sum of Three Million Five Hundred Thousand Dollars ($3,500,000) (the “Certificates”) all of like tenor and effect except as to number, denomination, interest rate, and maturity, said Certificates having been issued by the Issuer pursuant to a resolution adopted by its governing authority on November 5, 2013 (the “Resolution”), for the purpose of purchasing school buses and equipment and paying the costs incurred in connection with the issuance of the Certificates, under the authority conferred by Sections 2921 to 2925, inclusive, of Title 33 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.
Except as set forth below, the Bonds are not callable for redemption prior to their stated maturity date.
The Bonds are subject to mandatory redemption at par plus accrued interest to the redemption date as follows:
Year Principal
(May 1) Amount
2015 $155,000
2016 155,000
2017 365,000
2018 375,000
2019 380,000
2020 390,000
2021 395,000
2022 630,000
2023* 655,000
*Final Maturity
The Issuer shall cause to be kept at the principal office of the Paying Agent a register (the “Certificate Register”) in which registration of the Certificates and of transfers of the Certificates shall be made as provided in the Resolution. This Certificate may be transferred, registered and assigned only on the Certificate Register, and such registration shall be at the expense of the Issuer. This Certificate may be assigned by the execution of the assignment form hereon or by other instrument of transfer and assignment acceptable to the Paying Agent. A new Certificate or Certificates will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for this transferred and assigned Certificate after receipt of this Certificate to be transferred in proper form. Such new Certificate or Certificates shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Certificate during a period beginning at the opening of business on the 15th calendar day of the month next preceding an Interest Payment Date and ending at the close of business on the Interest Payment Date.
This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.
This Certificate and the issue of which it forms a part are issued on a parity with the Issuer’s outstanding (i) Certificates of Indebtedness, Series 2004; (ii) Certificates of Indebtedness, Series 2005; (iii) Certificates of Indebtedness, Series 2006; (iv) and Certificates of Indebtedness, Series 2011 (collectively, the “Outstanding Parity Certificates”). It is certified that the Issuer, in issuing this Certificate and the issue of which it forms a part, has complied with all the terms and conditions set forth in the resolution authorizing the issuance of the Outstanding Parity Certificates.
This Certificate and the issue of which it forms a part, equally with the Outstanding Parity Certificates, is secured by and payable as to principal and interest solely from a pledge and dedication of the excess of annual revenues of the Issuer above statutory, necessary and usual charges during which the Certificates and the Outstanding Parity Certificates are outstanding. The Issuer has covenanted and agreed to budget annually a sufficient sum of money to pay the Outstanding Parity Certificates and the Certificates, and the interest thereon, if any, as they respectively mature, including any principal and/or interest theretofore matured and then unpaid, and to levy and collect in each year taxes and to collect other revenues within the limits prescribed by law, sufficient to pay the principal of and interest on the Outstanding Parity Certificates and the Certificates. The Issuer, in the Resolution, has also entered into certain other covenants and agreements with the registered owners of the Certificates, including a provision for the issuance of additional debt obligations on a parity with the Certificates and the Outstanding Parity Certificates, for the terms of which reference is made to the Resolution.
It is certified that this Certificate is authorized by and issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana. It is further certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Certificate and the issue of which it forms a part to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Certificate and the issue of which it forms a part, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.IN WITNESS WHEREOF, the Parish School Board of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Issuer, has caused this Certificate to be executed in the name of the Issuer by the manual or facsimile signatures of its President and its Secretary and the corporate seal of the Issuer to be impressed or imprinted hereon.
PARISH SCHOOL BOARD OF
THE PARISH OF RAPIDES,
STATE OF LOUISIANA
(facsimile) (facsimile)
Secretary President
[SEAL]
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Certificate is one of the Certificates referred to in the within mentioned Resolution.
JPMORGAN CHASE BANK, N.A.
Baton Rouge, Louisiana
as Paying Agent
Date of Registration: ___________
By:_________________________
Authorized Officer
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
Please Insert Social Security or other Identifying Number of Assignee
_________________________
the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________________ attorney or agent to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ______________________
____________________________________
NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or enlargement or any change whatever.
SECTION 6. Execution of Certificates. The Certificates shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, which signatures and corporate seal may be either manual or facsimile.
SECTION 7. Pledge and Dedication of Revenues. The Certificates, equally with the Outstanding Parity Certificates, shall be secured by and payable as to principal and interest from a pledge and dedication of the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Certificates and the Outstanding Parity Certificates are outstanding. There is hereby irrevocably pledged and dedicated to the payment of the Certificates and the Outstanding Parity Certificates an amount of such excess of annual revenues sufficient to pay same in principal and interest as they respectively mature. Until the Certificates shall have been paid in full in principal and interest, the Governing Authority does hereby obligate the Issuer, itself and its successors in office, to budget annually a sum of money sufficient to pay the Certificates and the Outstanding Parity Certificates and the interest thereon, if any, as they respectively mature, including any principal and/or interest theretofore matured and then unpaid, and to levy and collect in each year taxes and to collect other revenues within the limits prescribed by law, sufficient to pay the principal of and interest on the Certificates and the Outstanding Parity Certificates. No further or additional pledges or dedications of the excess of annual revenues shall be made which shall have priority over or parity with the pledge and dedication of such revenues herein made, except as provided in Section 8 hereof.
SECTION 8. Parity Certificates. The Issuer shall issue no other certificates or obligations of any kind or nature payable from or enjoying a lien on the excess of annual revenues of the Issuer above the said statutory, necessary and usual charges, having priority over or parity with the Certificates herein authorized and the Outstanding Parity Certificates, except that additional certificates may hereafter be issued on a parity with the Certificates and the Outstanding Parity Certificates under the following conditions:
(1) The Certificates herein authorized or any part thereof, including the interest thereon, may be refunded, and the refunding certificates so issued shall enjoy complete equality of lien with the portion of the Certificates which is not refunded, if there be any, and the refunding certificates shall continue to enjoy whatever priority of lien over subsequent issues may have been enjoyed by the Certificates refunded; provided, however, that if only a portion of the Certificates outstanding is so refunded and the refunding certificates require total principal and interest payments during any year in excess of the principal and interest which would have been required in such year to pay the Certificates refunded thereby, then such Certificates may not be refunded without the consent of the Owner of the unrefunded portion of the Certificates issued hereunder (provided such consent shall not be required if such refunding certificates meet the requirements set forth in clause 2 of this Section).
(2) Additional certificates of indebtedness may be issued on and enjoy a full and complete parity with the Certificates and the Outstanding Parity Certificates with respect to the excess of annual revenues, provided that the anticipated excess of annual revenues (including fund balances) in the year in which the additional certificates of indebtedness are to be issued, as reflected in the budget adopted by the Governing Authority, must be at least 1.2 times the combined principal and interest requirements for any calendar year on the Certificates and the Outstanding Parity Certificates and the said additional certificates of indebtedness.
(3) Junior and subordinate certificates of indebtedness may be issued without restriction.
(4) The Issuer must be in full compliance with all covenants and undertakings in connection with the Certificates and the Outstanding Parity Certificates and there must be no delinquencies in payments required to be made in connection therewith.
(5) The additional certificates must be payable as to principal on November 1st of each year, commencing not more than 2 years from the date thereof, and payable as to interest on May 1 and November 1 of each year.
SECTION 9. Sinking Fund. For the payment of the principal of and the interest on the Certificates and the Outstanding Parity Certificates and any additional parity certificates of indebtedness, there has been created a special fund known as “Parish School Board of the Parish of Rapides, State of Louisiana - Certificates of Indebtedness (2001) Sinking Fund” (the “Sinking Fund”), said Sinking Fund being established and maintained with the regularly designated fiscal agent bank of the Issuer. The Issuer shall deposit in said Sinking Fund at least one (1) day in advance of the date on which each payment of principal and/or interest on the Certificates and the Outstanding Parity Certificates falls due, funds fully sufficient to promptly pay the maturing principal and/or interest so falling due on such date. The depository for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent funds fully sufficient to pay promptly the principal and interest falling due on such date
It shall be specifically understood and agreed, however, and this provision shall be a part of this contract, that after the funds have actually been budgeted out of the revenues of any Fiscal Year sufficient to pay the principal of and interest on the Certificates and the Outstanding Parity Certificates herein authorized for that Fiscal Year, and all required amounts have been deposited in the Sinking Fund established for the Certificates and the Outstanding Parity Certificates, then any excess of annual revenues remaining in that Fiscal Year shall be free for expenditure by the Issuer for any other lawful corporate purpose.
All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Resolution shall constitute sacred funds for the benefit of the Owners of the Certificates and Outstanding Parity Certificates, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be invested in accordance with the provisions of the laws of the State of Louisiana, in which event all income derived from such investments shall be added to the General Fund of the Issuer.
SECTION 10. Budget; Audit. As long as any of the Certificates and the Outstanding Parity Certificates are outstanding and unpaid in principal or interest, the Issuer shall prepare and adopt a budget prior to the beginning of each Fiscal Year and shall furnish a copy of such budget within thirty (30) days after its adoption to the Paying Agent and the Purchaser; the Issuer shall also furnish a copy of such budget to the Owners of any of the Certificates or the Outstanding Parity Certificates who request the same. Not later than three (3) months after the close of each Fiscal Year, the Issuer shall cause an audit of its books and accounts to be initiated by the Legislative Auditor or an independent firm of certified public accountants showing the receipts and disbursements made by the Issuer during the previous Fiscal Year. Such audit, when completed, shall be available for inspection by the Owner of any of the Certificates, and a copy of such audit shall be furnished to the Purchaser.
SECTION 11. Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Certificates to be printed, to issue, execute and seal the Certificates, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Certificates, shall be deposited by the Issuer with its fiscal agent bank or banks to be used only for the purpose for which the Certificates are issued.
SECTION 12. Certificates Legal Obligations. The Certificates shall constitute legal, binding and valid obligations of the Issuer, and shall be the only representations of the indebtedness as herein authorized and created.
SECTION 13. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Certificates, and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Certificates.
No material modification or amendment of this Resolution, or of any Resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two‑thirds (2/3) of the aggregate principal amount of the Certificates then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity or redemption provisions of the Certificates, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Certificates as the same shall come due from the revenues appropriated, pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of the Owners of the Certificates.
SECTION 14. Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Certificates shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Certificates, but this Resolution and the Certificates shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this Resolution which validate or make legal any provision of this Resolution and/or the Certificates which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Certificates.
SECTION 15. Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Certificates and having determined the same to be regular, the Certificates shall contain the following recital, to‑wit:
“It is certified that this Certificate is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana.”
SECTION 16. Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Certificate is registered as the Owner of such Certificate for the purpose of receiving payment of the principal (and redemption price) of and interest on such Certificate and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECTION 17. Notices to Owners. Wherever this Resolution provides for notice to Owners of Certificates of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed first class, postage prepaid, to each Owner of such Certificates, at the address of such Owner as it appears in the Certificate Register. In any case where notice to Owners of Certificates is given by mail, neither the failure to mail such notice to any particular Owner of Certificates, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 18. Cancellation of Certificates. All Certificates surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Certificates previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent. All canceled Certificates held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 19. Mutilated, Destroyed, Lost or Stolen Certificates. If (1) any mutilated Certificate is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Certificate has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Certificate, a new Certificate of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Certificate has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Certificate, pay such Certificate. Upon the issuance of any new Certificate under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Certificate issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen certificate shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Certificate shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Certificates. Any additional procedures set forth in the Agreement, authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates.
SECTION 20. Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal (and redemption price) of and interest on the Certificates, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of the Certificates shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Certificates or interest installments for the payment or redemption of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section. Certificates shall be deemed to have been paid, prior to their maturity, within the meaning and with the effect expressed above in this Section if there shall have been deposited in trust either money in an amount which shall be sufficient, or Government Securities the principal of and the interest on which when due will provide money which, together with the money, if any, deposited in trust at the same time, shall be sufficient to pay when due the principal of, premium, if any, and interest to become due on such Certificates on and prior to the stated maturity or (if notice of the call for redemption has been duly given or waived or if irrevocable arrangements therefor have been made) redemption date thereof. Neither Government Securities nor money deposited in trust pursuant to this Section, nor principal or interest payments on any such Government Securities, shall be withdrawn or used for any such purpose other than, and shall be held in trust for, the payment of the principal (and redemption price) of and interest on such Certificates. Any cash received from such principal of and interest on such investment securities deposited in trust, if not needed for such purpose, shall, to the extent practicable, be reinvested in Government Securities (which may be non-interest bearing) maturing at times and in amounts sufficient to pay when due the principal, premium, if any, and interest on such Certificates on and prior to the maturity thereof, and interest earned from such reinvestments shall be paid over to the Issuer as received by the depositary, free and clear of any trust, lien, or pledge. Any payment for Government Securities purchased for the purpose of reinvestment as aforesaid shall be made only against delivery of such Government Securities.
SECTION 21. Successor Paying Agent; Paying Agent Agreement. The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Certificates. The designation of the initial Paying Agents in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to take any and all action and execute an appropriate agreement, instrument, document or certificate necessary to effectuate the purpose of this Section.
SECTION 22. Disclosure Under SEC Rule 15c2-12. It is recognized that the Issuer will not be required to comply with the continuing disclosure requirements described in the Rule 15c-2-12(b) of the Securities and Exchange Commission [17 CFR '240.15c2-12(b)], because:
(a) the Certificates are not being purchased by a broker, dealer or municipal securities dealer acting as an underwriter in a primary offering of municipal securities, and
(b) the Certificates are being sold to only one financial institution (i.e., no more than thirty-five persons), which (i) have such knowledge and experience in financial and business matters that they are capable of evaluating the merits and risks of the prospective investment in the Certificates and (ii) are not purchasing the Certificates for more than one account or with a view to distributing the Certificates.
SECTION 23. Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code 5of 1986 and any amendment thereto (the “Code”) in order to establish, maintain and preserve the exclusion from Agross income@ of interest on the Certificates under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Certificates or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Certificates to be “arbitrage bonds” or would result in the inclusion of the interest on any of the Certificates in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Certificate proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Certificates in a manner which would cause the Certificates to be “private activity bonds”.
The Executive Officers are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 24. Bonds are not “Qualified Tax-Exempt Obligations”. The Bonds are NOT designated as "qualified tax‑exempt obligations" within the meaning of Section 265(b)(3) of the Code.
SECTION 25. Award of Certificates. The Issuer hereby accepts the offer of the Purchaser to purchase the Certificates attached hereto as Exhibit A. The Certificates shall be delivered to the Purchaser following State Bond Commission approval and upon the payment of the principal amount thereof.
SECTION 26. Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 27. Publication. A copy of this Resolution shall be published immediately after its adoption in one issue of the official journal of the Issuer.
SECTION 28. Effective Date. This Resolution shall become effective immediately.
This resolution having been submitted to a vote, the vote thereon was as follows:
Members |
YEAS |
NAYS |
ABSENT |
ABSTAINING |
|
X |
|
|
|
Wilton Barrios, Jr |
X |
|
|
|
Steve Berry |
X |
|
|
|
Julie McConathy |
X |
|
|
|
Janet Dixon |
X |
|
|
|
Stephen Chapman |
X |
|
|
|
John E. Allen, Jr. |
X |
|
|
|
Keith Breazeale |
X |
|
|
|
Darrell Rodriguez |
X |
|
|
|
Pam Webb |
X |
|
|
|
And the resolution was declared adopted on this, the 5th day of November, 2013.
EXHIBIT ‘A’
FORM OF COMMITMENT LETTER
(A COPY IS ON FILE WITH THE RAPIDES PARISH SCHOOL BOARD)
STATE OF LOUISIANA
PARISH OF RAPIDES
I, the undersigned Secretary of the Parish School Board of the Parish of Rapides, State of Louisiana, do hereby certify that the foregoing pages constitute a true and correct copy of a resolution adopted by said Parish School Board on November 5, 2013, providing for the incurring of debt and issuance of Three Million Five Hundred Thousand Dollars ($3,500,000) of Certificates of Indebtedness, Series 2013, of the Parish School Board of the Parish of Rapides, State of Louisiana; prescribing the form, terms and conditions of said Certificates; designating the date, denomination and place of payment thereof in principal and interest; authorizing the agreement with the Paying Agent; providing for the acceptance of a commitment for the purchase of said Certificates; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature on this 5th day of November, 2013.
______________________
Secretary
A motion was made by Mr. Steve Berry and seconded by Mrs. Janet Dixon to hear a presentation from Mr. Lafe Jones (Cenla Chamber of Commerce), Valerie Aymond (Gilchrist Construction), and Dr. Marjorie Taylor (The Orchard Foundation) regarding the Chamber of Commerce’s role in WorkKeys/NCRC Programs in the school district. (Item 6)
A presentation was made at this time and discussion ensued.
No action was taken.
A motion was made by Mr. Steve Berry and seconded by Mrs. Janet Dixon to hearan update on the activities of the Turn-Around Teams A and D. (Item 27)
Mrs. Faith Washington and team presented information on Team A and Ms. Kelly Self and team presented information on Team D and discussion ensued.
No action was taken.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to request Board approval for the Superintendent to seek Request for Proposals for an independent CPA firm to conduct a targeted audit of the school district in the following areas: Title I and II Federal fund allocation, Special Education fund allocation, school athletic fundraising accounts, employee contracted salaries matched against actual employee payroll, grant fund allocation, discrepancies in state reporting of teacher and principal counts compared to teacher and principal counts reported by the district’s finance department and further, that, if approved, the RFP be extended to CPA firms within a 150 mile radius from Alexandria and not to extend beyond the borders of Louisiana and to request the source of funding and amount. (Item 16)
Discussion ensued.
An amended motion was made by Mrs. Janet Dixon and seconded by Mr. John Allen to request Board approval for the Superintendent to seek Request for Proposals for an independent CPA firm to conduct a targeted audit of the school district in the following areas: Title I and II Federal fund allocation, Special Education fund allocation, school athletic fundraising accounts, employee contracted salaries matched against actual employee payroll, grant fund allocation, discrepancies in state reporting of teacher and principal counts compared to teacher and principal counts reported by the district’s finance department and further, that, if approved, the RFP be extended to CPA firms within a 150 mile radius from Alexandria and not to extend beyond the borders of Louisiana and to request the source of funding and amount and the Superintendent will accept any additional information or request from Board Members to target specific areas.
On roll call the vote on the amended motion was as follows:
AYE: Mr. Rodriguez, Mrs. Webb, Mr. Barrios, Mrs. McConathy, Mrs. Dixon, Mr. Berry, Mr. Allen, Mr. Breazeale
NAY: Dr. Chapman
ABSENT: None
THE AMENDED MOTION WAS ADOPTED BY MAJORITY VOTE.
A motion was made by Mr. Steve Berry and seconded by Mrs. Janet Dixon todiscuss and take action in connection with entering into an Interagency Agreement with COPE, Incorporated, ETS and authorize the Board President and/or Superintendent to sign any and all documentation in connection therewith should the Board wish to accept liabilities and exposures.(Item 24)
Mr. Randolph Holly presented information to the Board and discussion ensued.
On roll call the vote was as follows:
AYE: Mr. Rodriguez, Mrs. Webb, Mr. Barrios, Mrs. McConathy, Mrs. Dixon, Mr. Berry,Mr. Allen, Mr. Breazeale, Dr. Chapman
NAY: None
ABSENT: None
President Stephen Chapman called for a short recess and then the meeting reconvened.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to implement additional Fire Alarm Monitoring System to our existing contract with Interface Communication Company. (Item 15)
Mr. Jimmy Bordelon with Interface Communication presented information to the Board.
A substitute motion was made by Mr. Keith Breazeale and seconded by Mrs. Janet Dixon to implement Fire Alarm Monitoring System with Interface Communication Company with all the schools that are not currently being monitored for Fire Alarms.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Rodriguez, Mrs. Webb, Mr. Barrios, Mrs. McConathy, Mrs. Dixon, Mr. Berry,Mr. Allen, Mr. Breazeale, Dr. Chapman
NAY: None
ABSENT: None
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to approve the consent agenda and to pull items 5C-7a, 5C-7b, 5C-8f and 5C-11 for the Regular Agenda. (Item 5)
On roll call the vote was as follows:
AYE: Mr. Rodriguez, Mrs. Webb, Mr. Barrios, Mrs. McConathy, Mrs. Dixon, Mr. Berry, Mr. Allen, Mr. Breazeale, Dr. Chapman
NAY: None
ABSENT: None
A. Reports:
1. to receive an update on school construction projects – Mr. Clyde Washington
Pages 160-161
B. Action – Minutes
1. to approve the minutes of the 10-1-13 meeting, the 9-17-13 Personnel, Finance and District 62 Committee meetings and 9-23-13 Executive Committee meeting of the Board as written and to be published in the official journal, The Town Talk
C. Action – Finance
*1. to approvepersonal services contracts, leases, and other such agreements; authorize the Board President and/or Superintendent to sign any and all documentation in connection with said contracts; and approve bills paid for the previous month - Ms. Liz Domite
*2. to approve/adopt any budget changes/amendments – Ms. Liz Domite
Pages 162-164
*3. to receive an update/report on grants, approve grants included therein, and authorize the Superintendent to sign any and all documentation in connection therewith – Ms. Liz Domite
Page 165
*4. to hear a budget update from the Finance Department – Mr. Steve Berry
*5. to hear quarterly report on Maintenance Funds – Ms. Liz Domite
*6. to revise existing policy as recommended by Forethought Consulting, pending review by legal counsel – Ms. Liz Domite
Page 167
a. DFD – Tax and Bond Elections and Sales
*7. pulled for the regular agenda.
*8. to ratify and confirm bid(s) received by the Central Office Staff and award to the lowest responsive and responsible bidder contingent on low bidder meeting all LA Public Bid Law and Contract Document Requirements and Specifications – Ms. Liz Domite
a. “Boiler for Glenmora High School” (Bid # 14-18) received on Friday, October 25, 2013 at 2:00 p.m. and award to Johnny Williams for $50,300.00
b. “Chiller for Hayden R. Lawrence Upper Elementary” (Bid # 14-00) received on Friday, October 25, 2013 at 2:00 p.m. and award to ACA Mechanical/Industrial for $156,072.00
c. “Chiller for Horseshoe Drive Elementary” (Bid # 14-01) received on Friday, October 25, 2013 at 2:00 p.m. and award to Johnny Williams for $130,500.00
d. “Boiler for Oak Hill High School” (Bid # 14-19) received on Friday, October 25, 2013 at 2:00 p.m. and award to ACA Mechanical/ Industrial for $74,900.00
e. “Pineville High Multi-Purpose Building” (Bid # 12-37A) received on Tuesday, October 22, 2013 at 2:00 P.M. and award to Tudor, Inc. for a total of $2,582,000.00
f. pulled for the regular agenda.
*9. to approve the Jefferson Parish School Board’s request to participate in a Cooperative Purchasing Agreement with the Rapides Parish School Board for the purchase of educational materials (RPSB Bid # 12-29) - Ms. Liz Domite
Page 168
*10. to enter into a Cooperative Purchasing Agreement with St. John the Baptist Parish School District for the procurement of Office Supplies pursuant to St. John the Baptist School District Bid # 14-10 (RPSB Bid File # 14-28) – Ms. Liz Domite
Page 169
*11. pulled for the regular agenda.
*12. to authorize the Board’s Insurance Consultant to negotiate renewal of Excess Workers’ Compensation Insurance coverage should renewal rates exceed CPI, the Board authorizes the Consultant to solicit competitive quotes and present the results of same and a recommendation of award to the Board at the December Regular Board Meeting – Mr. Roy Rachal
Source of funding General Fund Amount $90,000.00 (estimate)
E. Action - Discipline (Motion to go into Executive Session for 1, 2 and 3)
*1. to uphold the Rapides Parish School Board Review Committee’s recommendation – Mrs. Ruby Smith
Ø Motion that Lonnie Murray be re-admitted to the zoned school effective November 6, 2013 with the following stipulations:
1. Lonnie utilizes the assistance of the tutoring program at the zoned school.
2. Improves grades and gets involved in programs to help him as a student.
3. Expect some monitoring by the School Board Member. All conditioned upon a probationary agreement to be executed by the student, parent and Superintendent within five (5) days, otherwise the principal’s recommendation is upheld.
Ø Motion that no action be taken on appeal of Charles Groves, Jr.
Ø Motion that Evan Dole be re-admitted to the zoned school effective November 6, 2013 conditioned upon a probationary agreement to be executed by the student, parent and Superintendent within five (5) days, otherwise the principal’s recommendation is upheld.
2. to receive an update outlining the progress of each student attending the Rapides Alternative Learning Facility (RALF) - Mrs. Ruby Smith
3. to receive a report for students successfully completing the requirements for a performance contract – Mrs. Ruby Smith
F. Action – Personnel
1. receive reports as follows: - Dr. Emily Weatherford
a. new hires, pending a satisfactory drug screening and background check
b. new hires in lieu of substitute
c. promotions
d. leave requests, rescissions, waivers, etc.
e. performance contract renewals
f. resignations and retirements
2. to discuss any personnel complaints that may go before the full board for action – Dr. Emily Weatherford
*Denotes that these items have been through committee
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to ratify and confirm proposal(s) received by the Central Office Staff for and award to the recommended responsive and responsible proposer contingent on recommended proposer meeting all LA Public Bid Law and Contract Document Requirements and Specifications. (Item 5C-7a)
a. “Telephone System and Equipment Maintenance” (RFP # 14-27A) received on Wednesday, October 30, 2013 at 10:00 a.m.
Discussion ensued.
A substitute motion was made by Mr. Steve Berry and seconded by Mrs. Janet Dixon to reject all proposalsfor “Telephone System and Equipment Maintenance” (RFP # 14-27A) received on Wednesday, October 30, 2013 at 10:00 a.m. by the Central Office Staff due to all proposals being non-responsive.
Discussion ensued.
On the substitute motion by Mr. Steve Berry and seconded by Mrs. Janet Dixon, the Board voted unanimously to reject all proposals for “Telephone System and Equipment Maintenance” (RFP # 14-27A) received on Wednesday, October 30, 2013 at 10:00 a.m. by the Central Office Staff due to all proposals being non-responsive.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to ratify and confirm proposal(s) received by the Central Office Staff for and award to the recommended responsive and responsible proposer contingent on recommended proposer meeting all LA Public Bid Law and Contract Document Requirements and Specifications. (Item 5C-7b)
b. “Fire Alarm System Test and Inspection Service” (RFP # 14-54) received on Wednesday, October 23, 2013 at 10:00 a.m.
Discussion ensued.
A substitute motion was made by Mr. Steve Berry and seconded by Mr. Keith Breazeale to reject all proposals received on Wednesday, October 23, 2013 at 10:00 a.m. by the Central Office Staff for “Fire Alarm System Test and Inspection Service” (RFP # 14-54) due to all proposals being non-responsive; and to authorize the secretary to advertise for bids for “Fire Alarm System Test and Inspection Service” (RFP # 14-54A) and authorize the Executive Committee and/or the Superintendent and Central Office Staff to receive bids.
Discussion ensued.
On the substitute motion by Mr. Steve Berry and seconded by Mr. Keith Breazeale, the
Board voted unanimously to reject all proposals received on Wednesday, October 23, 2013 at 10:00 a.m. by the Central Office Staff for “Fire Alarm System Test and Inspection Service” (RFP # 14-54) due to all proposals being non-responsive; and to authorize the secretary to advertise for bids for “Fire Alarm System Test and Inspection Service” (RFP # 14-54A) and authorize the Executive Committee and/or the Superintendent and Central Office Staff to receive bids.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to ratify and confirm bid(s) received by the Central Office Staff and award to the lowest responsive and responsible bidder contingent on low bidder meeting all LA Public Bid Law and Contract Document Requirements and Specifications. (Item 5C-8f)
f. “Annual Purchase of Band Instruments and Accessories” (Bid # 14-02) received on Wednesday, October 23, 2013 at 2:00 p.m
Discussion ensued.
A substitute motion was made by Mr. Steve Berry and seconded Mr. Keith Breazeale to reject all proposals to reject all proposals received on Wednesday, October 23, 2013 at 2:00 p.m. by the Central Office Staff for “Annual Purchase of Band Instruments and Accessories” (Bid # 14-02) due to all proposals being non-responsive; and to authorize the secretary to advertise for bids for “Annual Purchase of Band Instruments and Accessories” (Bid # 14-02A) and authorize the Executive Committee and/or the Superintendent and Central Office Staff to receive bids and a recommendation to be made to the Board estimated at $85,000.
Discussion ensued.
On the substitute motion made by Mr. Steve Berry and seconded Mr. Keith Breazeale, the Board voted unanimously to reject all proposals received on Wednesday, October 23, 2013 at 2:00 p.m. by the Central Office Staff for “Annual Purchase of Band Instruments and Accessories”(Bid # 14-02) due to all proposals being non-responsive; and to authorize the secretary to advertise for bids for “Annual Purchase of Band Instruments and Accessories” (Bid # 14-02A) and authorize the Executive Committee and/or the Superintendent and Central Office Staff to receive bids and a recommendation to be made to the Board estimated at $85,000.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to approve Addendum #5 for (RFP # 12-51) between RPSB and Xerox Corporation for digital copiers/multi-function devices to replace finisher on Print Shop Machine that is too small with a larger finisher which will increase contract by $123.25/month ($145.62 - $22.37) and to authorize the Board President to sign any required documentation. (Item 5C-11)
Discussion ensued.
An amended motion was made by Mr. Steve Berry and seconded by Mr. Keith Breazeale to approve Addendum #5 for (RFP # 12-51) between RPSB and Xerox Corporation for digital copiers/multi-function devices to replace finisher on Print Shop Machine that is too small with a larger finisher which will increase contract by $109.10/month ($145.62 - $36.52) and to authorize the Board
President to sign any required documentation.
Discussion ensued.
On roll call the vote on the amended motion was as follows:
AYE: Mr. Rodriguez, Mrs. Webb, Mr. Barrios, Mrs. McConathy, Mrs. Dixon, Mr. Berry, Mr. Allen, Mr. Breazeale, Dr. Chapman
NAY: None
ABSENT: None
A motion was made by Mr. Steve Berry and seconded Mrs. Janet Dixon to fund the resurfacing of the Alexandria Senior High track and not to exceed $130,000. (Item 7)
Mr. Keith Breazeale requested that this be deleted to be discussed later at District 62.
Item 7 was deleted.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to clarify bid specifications for the Bolton High Window Project. (Item 8)
Mr. Brocato presented information to the Board and discussion ensued.
No action was taken at this time and will be discussed at a later date.
Item 9 was deleted regarding Bolton Windows and will be discussed at a later date.
Let the record reflect that Mr. Wilton Barrios left the meeting at this time.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to receive a report from the Administration concerning the following: (Item 10) (1) the student enrollment of each school for the current school year; (2) the number of in-school suspensions, out-of-school suspensions, the number of expulsions and the attendance rates for each school in the district for the school year 2012-2013.
Information was given to the Board and discussion ensued.
No action was taken.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to request that the Administration revise, amend and propose a new job description for ESL District Facilitator to be presented at the November Board meeting. (Item 11)
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Mrs. Julie McConathy, the Board voted unanimously to approve a new job description for ESL District Facilitator.
Let the record reflect that Mr. Darrell Rodriguez left the meeting at this time.
A motion was made by Mr. Steve Berry and seconded by Mr. Keith Breazeale to approve revising existing policies as recommended by Forethought Consulting, pending review by legal counsel. (Item 12)
a. BBBC - School Board Member Continuing Education
b. GBN - Dismissal of Employees
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Mr. Keith Breazeale, the Board voted unanimously to revise existing policies as recommended by Forethought Consulting, pending review by legal counsel.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy toapprove revising existing policies as recommended by Forethought Consulting, pending review by legal counsel. (Item 13)
a. EBBC - Emergency/Crisis Management
b. EBC - Buildings and Grounds Security
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Mrs. Julie McConathy, the Board voted unanimously to revise existing policies as recommended by Forethought Consulting, pending review by legal counsel.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to approve new policy as recommended by Forethought Consulting, pending review by legal counsel. (Item 14)
a. GAMJ - Miscellaneous Conditions of Employment
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Mrs. Julie McConathy, the Board voted unanimously to approve new policy as recommended by Forethought Consulting, pending review by legal counsel.
a. GAMJ - Miscellaneous Conditions of Employment
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to present information regarding Common Core. (Item 17)
Discussion ensued.
Dr. Arthur Joffrion presented information to the Board at this time.
No action was taken.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy to hire a certified counselor in lieu of a substitute at Tioga Junior High School to replace the counselor retiring on December 6, 2013 (17 days of average pay from November 6 to December 6, 2013). (Item 18)
Discussion ensued.
On roll call the vote was as follows:
AYE: Mrs. Webb, Mrs. McConathy, Mrs. Dixon, Mr. Berry, Mr. Allen, Mr. Breazeale, Dr. Chapman
NAY: None
ABSENT: Mr. Rodriguez, Mr. Barrios
A motion was made by Mr. Steve Berry and seconded by Mr. Keith Breazeale to review the proposed Pupil Progression Plan for 2014-2015; this plan will include the proposed structural committee and the plan’s implementation beginning 2014-2015 school year. (Item 19)
Discussion ensued.
An amended motion was made by Dr. Stephen Chapman and seconded by Mrs. Janet Dixon to review the proposed Pupil Progression Plan for 2014 - 2015; this plan will include the proposed structural committee and the plan’s implementation beginning 2014-2015 school year; and add the bullet under the twenty-five percent representatives that – each Board member will have the option to submit the minimum of one name to serve on the committee.
Discussion ensued.
On the amended motion made by Dr. Stephen Chapman and seconded by Mrs. Janet Dixon, the Board voted unanimously to review the proposed Pupil Progression Plan for 2014 - 2015; this plan will include the proposed structural committee and the plan’s implementation beginning 2014-2015 school year; and add the bullet under the twenty-five percent representatives that – each Board member will have the option to submit the minimum of one name to serve on the committee.
A motion was made by Mr. Steve Berry and seconded by Mr. Keith Breazeale to approve changes to the Pupil Progression Plan for the 2013-2014 academic year. (Item 20)
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Mr. Keith Breazeale, the Board voted unanimously to approve changes to the Pupil Progression Plan for the 2013-2014 academic year.
A motion was made by Mr. Steve Berry and seconded by Mr. Keith Breazeale to approve revising existing policies as recommended by Forethought Consulting, pending review by legal counsel. (Item 21)
a. IDDF – Education of Students with Exceptionalities
b. JGC – Student Health Services
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Mr. Keith Breazeale, the Board voted unanimously to revise existing policies as recommended by Forethought Consulting, pending review by legal counsel.
A motion was made by Mr. Steve Berry and seconded by Mr. Keith Breazeale to approve revising existing policies as recommended by Forethought Consulting, pending review by legal counsel. (Item 22)
a. IKDC – Prayer in Schools
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Mr. Keith Breazeale, the Board voted unanimously to revise existing policies as recommended by Forethought Consulting, pending review by legal counsel.
A motion was made by Mr. Steve Berry and seconded by Mr. Keith Breazeale to approve revising existing policy as recommended by Forethought Consulting, pending review by legal counsel
(Item 23)
a. JCDAF – Bullying and Hazing
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Mr. Keith Breazeale, the Board voted unanimously to revise existing policy as recommended by Forethought Consulting, pending review by legal counsel.
A motion was made by Mr. Steve Berry and seconded by Mrs. Julie McConathy for the RPSB to discuss and take action on “no longer including backup materials in the RPSB packet for the Executive Meeting to set the agenda” - this backup material is included in the Committee agenda and the Regular RPSB meeting packet (this would be a cost saving measure). (Item 25)
Discussion ensued.
An amended motion was made by Dr. Stephen Chapman and seconded by Mrs. Janet Dixon to “no longer include backup materials in the RPSB packet for the Executive Meeting to set the agenda” - this backup material is included with the Committees agenda and the Regular RPSB meeting packet; the only additional material to be sent with the Executive agenda will be any new backup material submitted after committees (this would be a cost saving measure).
On the amended motion made by Dr. Stephen Chapman and seconded by Mrs. Janet Dixon, the Board voted unanimously to “no longer include backup materials in the RPSB packet for the Executive Meeting to set the agenda” - this backup material is included with the Committees agenda and the Regular RPSB meeting packet; the only additional material to be sent with the Executive agenda will be any new backup material submitted after committees (this would be a cost saving measure).
Pursuant to motion duly carried, the Rapides Parish School Board adjourned.
/s/Stephen Chapman
President
ATTEST:
/s/Nason Authement
Secretary
S E A L