OFFICIAL PROCEEDINGS
OF THE
RAPIDES PARISH SCHOOL BOARD
Alexandria, Louisiana
February 3, 2015
The Rapides Parish School Board of Rapides Parish, Louisiana, met in regular public session at 5:00 o’clock p.m. on Tuesday, February 3, 2015 at the regular meeting place of said board in the Rapides Parish School Board Office, 619 Sixth and Beauregard Streets, in Alexandria, Louisiana.
President W. K. Breazeale called the meeting to order and on roll call the following members were present:
Keith Breazeale, President
John Allen, Member
Steve Berry, Member
Gerald Crooks, Member
Stephen Chapman, Member
Sandra Franklin, Member
Willard McCall, Member
Darrell Rodriguez, Member
Absent: Wilton Barrios, Vice President
Mr. Nason Authement, Secretary for the Board, was present for the meeting.
__________________
Board Attorney James Downs was present for the meeting.
___________________
The Colors were presented by the Alexandria Senior High School JROTC. The Invocation was pronounced by Rev. Joseph Franklin of Mt. Triumph Baptist Church after which Mr. Keith Breazeale led in the recitation of the Pledge of Allegiance.
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(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 JANUARY 28, 2015)
Alexandria, Louisiana
January 28, 2015
Dear Sir/Madam:
I, W.K. Breazeale, 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, FEBRUARY 3, 2015 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 Pineville High School – Mr. Steve Berry
b. Lessie Moore Elementary School for the bulletin board display in the lobby of the School Board Office for the month of February 2015 – Mr. Clyde Washington
c. school from each category (small elementary schools, large elementary schools, K-12 schools, middle/junior high schools, high schools) with the highest teacher attendance rate for the quarter – Dr. Arthur Joffrion
d. Billy Albritton, Supervisor of Career and Technical Education – Mr. Nason Authement
e. Cheerleaders from Tioga Junior High and Pineville Junior High – Mr. Wilton Barrios and Mr. Steve Berry
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 3, 4 and 5)
* 6. Motion to approve revising policies as recommended by Forethought Consulting, pending review by legal counsel as follows: - Dr. Arthur Joffrion
Pages 1-5
a. BBBA (Duties of Board Members)
b. GBRJ (Substitute Employees)
* 7. Motion that the RPSB amend Policies GBK and GBN with changes and for the Administration to provide to the RPSB, upon completion, the process of randomly selecting the hearing officer (discussed at the October Personnel Committee; laid over from November Board meeting and sent to January meeting; deferred to the January Personnel Committee; sent to the February Board ) – Mr. Steve Berry
Pages 6-20
* 8. Motion to consider and take action with respect to adopting a Resolution providing for the issuance and Sale of General Obligation School Refunding Bonds, Series 2015 of Consolidated School District Number 62 of Rapides Parish, Louisiana and providing for other matters in connection therewith – Ms. Liz Domite
Pages 21-46
9. Motion to authorize the Superintendent and/or Board President to sign contract with Music Theatre International for the amount of $6,550 for Pineville High School Theatre performance of The Wedding Singer (Revised contract – dates changed) – Mr. Nason Authement
Pages 47-48 Source of funding School Funds Amount $6,550.00
10. Motion to authorize the Superintendent and/or Board President to sign contract with Music Theatre International for the amount of $6,950 for Pineville High School Theatre performance of Mary Poppins – Mr. Nason Authement
Pages 49-50 Source of funding School Funds Amount $6,950.00
11. Motion to approve the contract agreement between OffShore Energy Center and the Rapides Parish School Board on behalf of C. C. Raymond Elementary, Ruby-Wise Elementary, Cherokee Elementary, H. R Lawrence Upper Elementary and Peabody Montessori Elementary and accept a donation in the amount of $1,500 per referenced schools from Harvey Gulf Marine and authorize the Board President and/or Superintendent to sign any necessary documentation, pending review by Board Counsel - Mr. Clyde Washington
Pages 51-57
12. Motion to authorize the Superintendent to enter into a Maintenance and Support agreement with MorphoTrak, Inc. (yearly support system for our fingerprinting system – reviewed by Board Attorney) (2013 - $3,741 and 2014 - $3,928) – Mrs. Vicki Younger
Pages 58-72 Source of funding General Fund Amount $4,124.00
13. Motion to award E-Rate Services purchases(s), contracts(s) and/or agreement(s) from RFP 15-30A: “CAT 1 E-rate” per tabulation sheet and to authorize the Board President to sign any and all documentation in connection with said contract(s) or agreement(s), pending any necessary review by Board Counsel – Mrs. Rebekah Beck
Source of funding General Fund
14. Motion to discuss and take action on funding source for E-Rate Category 2 expenses – Mr. Keith Breazeale
15. Motion to approve out of state field trip request for Peabody Montessori Robotics and Young Astronauts Club to attend Pathfinder Space Camp at U. S. Space and Rocket Center in Huntsville, AL; approval for Superintendent to sign all contracts associated with the approximate cost of $11,200 to be paid through grants, fundraising and parents – Mr. Jeff Powell
Pages 73-80 Source of funding Grants-Walmart, Fundraisers (Parents pay themselves) Amount $11,200 (est.) (Bus-tuition+hotel)
16. Motion to authorize the secretary to advertise for bids for cafeteria equipment 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 - Mrs. Erma Davis
Page 81 Source of funding National School Lunch Program Equipment Assistance Grant Amount $48,600.81
17. Motion for the RPSB Administration to present an update on the current district-wide curricula including Eureka Math and present at the June 2, 2015 Board Meeting – Dr. Stephen Chapman
Consent agenda: (Item 5)
A. Reports:
1. to receive an update on school construction projects – Mr. Clyde Washington
Pages 82-84
B. Action – Minutes
1. to approve the minutes of the 12-2-14 and 12-9-14 meetings, and the 12-15-14 Executive Committee meeting of the Board as written and to be published in the official journal, The Town Talk
C. Action – Education
* 1. to approve the 2015-2016 School Calendar for Rapides Parish School District (Option #1 recommendation) – Mrs. Kim Bennett
Pages 85-90
* 2. to approve revising policies as recommended by Forethought Consulting, pending review by legal counsel – Dr. Arthur Joffrion
Pages 91-94
a. IFA (Instructional Materials)
b. JCAA (Due Process)
* 3. to approve new policy as recommended by Forethought Consulting, pending review by legal counsel – Dr. Arthur Joffrion
Page 95
a. JCEC (Demonstrations of Students)
* 4. to provide an update on the collaboration between Rapides Parish School Board and CDI Head Start and to acknowledge CDI Head Start’s Notice of Termination of Agreement effective January 31, 2015 – Dr. Arthur Joffrion
Pages 96-97
D. Action – Finance
* 1. to approve personal 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 98-106
* 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 – Mrs. Bethanie Herrick
Page 107
* 4. to receive a report on donation(s) made to the Rapides Parish School Board on behalf of the RPSB schools, accept and approve donations included therein, and provide any necessary documentation related to the donation(s) – Ms. Liz Domite
Page 108
* 5. to receive a quarterly report on Maintenance Funds – Ms. Liz Domite
Page 109
* 6. to authorize the secretary to exercise the option to renew the contract under the same terms and conditions for the 2015-2016 school year with written mutual agreement of the vendor and authorize the secretary to sign any documentation connected therewith - Ms. Liz Domite
a. “Science Materials and Supplies” - Fisher Scientific and Frey Scientific - (Original Bid No. 14-16 and Renewal Bid No. 15-16)
Source of funding Maintenance Amount $40,000 (est.)
b. “Propane Purchases” - Jim’s South Butane Propane, Inc. – (Original Bid No. 14-10 and Renewal Bid No. 15-10)
Source of funding Maintenance Amount $55,000 (est.)
c. “Professional Drug Testing Services” - Louisiana Occupational Health Services - (Original Bid No.07-08A and Renewal Bid No. 15-11)
Source of funding Maintenance, General and Food and Nutrition Amount $60,000 (est.)
d. “Pest Management Services” - Adams Pest Control - (Original Bid No. 13-17 and Renewal Bid No. 15-17)
Source of funding Maintenance Amount $32,000 (est.)
e. “Dust Control Services” – D & L Textile – (Original Bid No. 14-03 and Renewal Bid No. 15-03)
Source of funding Maintenance Amount $52,000 (est.)
* 7. to authorize the secretary to advertise for bids 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 - Ms. Liz Domite
a. “Purchase of Educational Materials and Supplies” – (Bid No. 15-28)
Source of funding Maintenance
b. “Sanitary Maintenance” – (Bid No. 15-13)
Source of funding Maintenance
* 8. to ratify and confirm bid(s) received on Thursday, January 8, 2015 at 11:00 a.m. by the Central Office staff for “Sale of Surplus Equipment” (Bid No. 15-25) and award to the highest responsive and responsible bidder(s) contingent on high bidder(s) meeting al LA Public Bid Law and Contract Document Requirements and Specifications – Ms. Liz Domite
Page 110
* 9. to approve an agreement between RPSB and Xerox Corp. for the rental of two (2) WorkCentre 5945 off Louisiana State Contract 409870 for Alexandria Senior High for a 36 month term and authorize the Board President to sign any documentation in connection therewith – Ms. Liz Domite
Page 111 Source of funding School Funds Amount $376.42 (monthly)
* 10. to approve revising policies as recommended by Forethought Consulting and staff, pending review by legal counsel – Ms. Liz Domite
Pages 112-121
a. DE (Debt Limitation)
b DFD (Tax and Bond Elections and Sales)
c. DFL (Cash Management and Investments)
d. DJE (Purchasing)
* 11. to authorize the Superintendent to sign the contract with ZFX Flying Effects for the stage flying effects for Mary Poppins performance and a proscenium dance for Bert at Pineville High School, pending review by Board Attorney – Mr. Nason Authement
Pages 122-124 Source of funding School Funds Amount $8,750.00
* 12. to approve Interfund Loan from the General Fund to District 11 Technology Fund in the amount of $20,000 from January 15, 2015 until funds are sufficient to pay, February 1, 2015 - Ms. Liz Domite
Page 125 Source of funding General Fund Amount $20,000.00
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
2. to receive an update outlining the progress of each student attending the Rapides Alternative Positive Program for Students (RAPPS) - 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: - Mrs. Vicki Younger
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
g. disclosure of new and renewed performance contracts
* 2. to discuss any personnel complaints that may go before the full board for action – Mrs. Vicki Younger
* 3. to approve revising policy as recommended by Forethought Consulting, pending review by legal counsel as follows: - Mr. Roy Rachal
Pages 126-128
a. EGAA (Workers’ Compensation)
* 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 28th day of January 2015
/s/W. K. Breazeale
President
ATTEST:
/s/Nason Authement
Secretary
S E A L
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Public comment was solicited prior to the vote on items during this meeting.
____________________
Mr. Steve Berry introduced the Board’s student guest, Shira Jessica Kaplan, a senior at Pineville High School, who was recognized for her academic and extracurricular achievements. Also recognized were Shira’s family and Dr. Karl Carpenter, principal at Pineville High School. (Item 4-a)
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The Board recognized Lessie Moore Elementary for the bulletin board display in the lobby of the School Board Office for the month of February 2015. (Item 4-b)
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The Administration recognized schools from each category (small elementary schools, large elementary schools, K-12 schools, middle/junior high schools, high schools) with the highest teacher attendance rate for the quarter. (Item 4-c)
|
Category |
School |
Teacher Attendance Rate |
|
K – 12 Schools |
Oak Hill High School |
92.75% |
|
Junior High Schools |
Caroline Dormon Junior High School |
95.16% |
|
Large Elementary Schools |
Mabel Brasher Elementary School |
96.01% |
|
High Schools |
RAPPS |
97.32% |
|
Small Elementary Schools |
LS Rugg Elementary School |
98.83% |
____________________
Superintendent Nason Authement recognized Mr. Billy Albritton, Supervisor of Career and Technical Education retiring after 23 years of Professional and Dedicated Service to the Rapides Parish School District. (Item 4-d)
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Cheerleaders from Tioga Junior High and Pineville Junior High were recognized for their accomplishments at National Competition for receiving first place. (Item 4-e)
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A motion was made by Mr. Steve Berry and seconded by Dr. Stephen Chapman to add to the agenda to approve Change Order #6 on “Tioga Junior High School Renovations” for RPSB (Bid #14-45) between the RPSB and Tudor, Inc. increasing the contract sum by $10,923.00 and thereby increasing the total contract amount to $2,373,778.32 and authorize the Board President to sign any documentation in connection therewith – Reason to add – Time sensitive. (Item 18)
Discussion ensued.
On roll call the vote to add was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
A motion was made by Dr. Stephen Chapman and seconded by Mr. Gerald Crooks to discuss procedures for administration of state assessments for 2015 – Reason to add: Time sensitive. (Item 19)
Discussion ensued.
On roll call the vote to add was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
____________________
A motion was made by Dr. Stephen Chapman and seconded by Mr. Steve Berry to approve the consent agenda. (Item 5)
Discussion ensued and 5C-2, 5D-11 and 5F-g-1 were pulled for the regular agenda.
On roll call the vote was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Berry
Consent agenda: (Item 5)
A. Reports:
1. to receive an update on school construction projects – Mr. Clyde Washington
Pages 82-84
B. Action – Minutes
1. to approve the minutes of the 12-2-14 and 12-9-14 meetings, and the 12-15-14 Executive Committee meeting of the Board as written and to be published in the official journal, The Town Talk
C. Action – Education
* 1. to approve the 2015-2016 School Calendar for Rapides Parish School District (Option #1 approved) – Mrs. Kim Bennett
Pages 85-90
* 2. pulled for the regular agenda.
* 3. to approve new policy as recommended by Forethought Consulting, pending review by legal counsel – Dr. Arthur Joffrion
Page 95
a. JCEC (Demonstrations of Students)
* 4. to provide an update on the collaboration between Rapides Parish School Board and CDI Head Start and to acknowledge CDI Head Start’s Notice of Termination of Agreement effective January 31, 2015 – Dr. Arthur Joffrion
Pages 96-97
D. Action – Finance
* 1. to approve personal 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 98-106
* 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 – Mrs. Bethanie Herrick
Page 107
* 4. to receive a report on donation(s) made to the Rapides Parish School Board on behalf of the RPSB schools, accept and approve donations included therein, and provide any necessary documentation related to the donation(s) – Ms. Liz Domite
Page 108
* 5. to receive a quarterly report on Maintenance Funds – Ms. Liz Domite
Page 109
* 6. to authorize the secretary to exercise the option to renew the contract under the same terms and conditions for the 2015-2016 school year with written mutual agreement of the vendor and authorize the secretary to sign any documentation connected therewith - Ms. Liz Domite
a. “Science Materials and Supplies” - Fisher Scientific and Frey Scientific - (Original Bid No. 14-16 and Renewal Bid No. 15-16)
Source of funding Maintenance Amount $40,000 (est.)
b. “Propane Purchases” - Jim’s South Butane Propane, Inc. – (Original Bid No. 14-10 and Renewal Bid No. 15-10)
Source of funding Maintenance Amount $55,000 (est.)
c. “Professional Drug Testing Services” - Louisiana Occupational Health Services - (Original Bid No.07-08A and Renewal Bid No. 15-11)
Source of funding Maintenance, General and Food and Nutrition Amount $60,000 (est.)
d. “Pest Management Services” - Adams Pest Control - (Original Bid No. 13-17 and Renewal Bid No. 15-17)
Source of funding Maintenance Amount $32,000 (est.)
e. “Dust Control Services” – D & L Textile – (Original Bid No. 14-03 and Renewal Bid No. 15-03)
Source of funding Maintenance Amount $52,000 (est.)
* 7. to authorize the secretary to advertise for bids 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 - Ms. Liz Domite
a. “Purchase of Educational Materials and Supplies” – (Bid No. 15-28)
Source of funding Maintenance
b. “Sanitary Maintenance” – (Bid No. 15-13)
Source of funding Maintenance
* 8. to ratify and confirm bid(s) received on Thursday, January 8, 2015 at 11:00 a.m. by the Central Office staff for “Sale of Surplus Equipment” (Bid No. 15-25) and award to the highest responsive and responsible bidder(s) contingent on high bidder(s) meeting all LA Public Bid Law and Contract Document Requirements and Specifications and award to Ronald C. Renfrow for $1,856.00, to Alex Baker for $680.00 and to Triple E Trucking, LLS for $450.00 - Ms. Liz Domite
Page 110
* 9. to approve an agreement between RPSB and Xerox Corp. for the rental of two WorkCentre 5945 off Louisiana State Contract 409870 for Alexandria Senior High for a 36 month term and authorize the Board President to sign any documentation in connection therewith – Ms. Liz Domite
Page 111 Source of funding School Funds Amount $376.42 (monthly)
* 10. to approve revising policies as recommended by Forethought Consulting and staff, pending review by legal counsel – Ms. Liz Domite
Pages 112-121
a. DE (Debt Limitation)
b DFD (Tax and Bond Elections and Sales)
c. DFL (Cash Management and Investments)
d. DJE (Purchasing)
* 11. pulled for the regular agenda.
* 12. to approve Interfund Loan from the General Fund to District 11 Technology Fund in the amount of $20,000 from January 15, 2015 until funds are sufficient to pay, February 1, 2015 - Ms. Liz Domite
Page 125 Source of funding General Fund Amount $20,000.00
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
Motion that Diego Mendoza-Villasenor be admitted to the zoned school effective February 4, 2015 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 Positive Program for Students (RAPPS) - 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: - Mrs. Vicki Younger
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
g. pulled for the regular agenda
* 2. to discuss any personnel complaints that may go before the full board for action – Mrs. Vicki Younger
* 3. to approve revising policy as recommended by Forethought Consulting, pending review by legal counsel as follows: - Mr. Roy Rachal
Pages 126-128
a. EGAA (Workers’ Compensation)
* Denotes that these items have been through committee
____________________
A motion was made by Mr. Steve Berry and seconded by Dr. Stephen Chapman to consider and take action with respect to adopting a Resolution providing for the issuance and Sale of General Obligation School Refunding Bonds, Series 2015 of Consolidated School District Number 62 of Rapides Parish, Louisiana and providing for other matters in connection therewith. (Item 8)
Mr. David Henderson with Foley and Judell presented information to the Board and discussion ensued.
A substitute motion was made by Dr. Stephen Chapman and seconded by Mr. John Allen for the RPSB to adopt a Resolution providing for the issuance and Sale of General Obligation School Refunding Bonds, Series 2015 of Consolidated School District Number 62 of Rapides Parish,Louisiana and providing for other matters in connection therewith and a net saving to taxpayers of $378,395.00.
On roll call the vote on the substitute motion was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
RESOLUTION
A resolution providing for the issuance and sale of Five Million Nine Hundred Five Thousand Dollars ($5,905,000) of General Obligation School Refunding Bonds, Series 2015, of Consolidated School District Number 62 of Rapides Parish, Louisiana; prescribing the form, fixing the details and providing for the rights of the owners thereof; providing for the payment of the principal of and interest on such bonds and the application of the proceeds thereof to the refunding of certain bonds of said District; and providing for other matters in connection therewith.
WHEREAS, pursuant to the provisions of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, Consolidated School District Number 62 of Rapides Parish, Louisiana (the "Issuer"), acting through its governing authority, the Parish School Board of the Parish of Rapides, State of Louisiana (the "Governing Authority"), has heretofore issued $13,595,000 of General Obligation School Refunding Bonds, Series 2005 (the "Series 2005 Bonds"); and
WHEREAS, the Issuer is authorized to borrow money and issue general obligation bonds payable from ad valorem taxes to refund its outstanding general obligation bonds, pursuant to Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended (the "Act"), and other constitutional and statutory authority; and
WHEREAS, the Issuer has found and determined that the refunding of the outstanding Series 2005 Bonds, consisting of $5,910,000 of Series 2005 Bonds which mature March 1, 2016 to March 1, 2019, inclusive (the "Refunded Bonds"), would be financially advantageous to the Issuer and would result in a lower effective interest rate on such Refunded Bonds and debt service savings to the Issuer; and
WHEREAS, pursuant to Chapter 14‑A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, it is now the desire of this Governing Authority to adopt this Resolution in order to provide for the issuance of Five Million Nine Hundred Five Thousand Dollars ($5,905,000) principal amount of its General Obligation School Refunding Bonds, Series 2015, of the Issuer (the "Bonds"), for the purpose of refunding the Refunded Bonds, to fix the details of the Bonds and to sell the Bonds to the purchaser thereof; and
WHEREAS, it is necessary to provide for the application of the proceeds of the Bonds and to provide for other matters in connection with the payment or redemption of the Refunded Bonds; and
WHEREAS, in connection with the issuance of the Bonds, it is necessary that provision be made for the payment of the principal and interest of the Refunded Bonds and to provide for the call for redemption of the Refunded Bonds, pursuant to a Notice of Call for Redemption substantially in the form attached hereto as Exhibit D; and
WHEREAS, the Issuer desires to sell the Bonds to the purchaser thereof and to fix the details of the Bonds and the terms of the sale of the Bonds;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Issuer, that:
ARTICLE 1
DEFINITIONS AND INTERPRETATION
SECTION 1.1 Definitions. The following terms shall have the following meanings unless the context otherwise requires:
"Act" shall mean Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other applicable constitutional and statutory authority.
"Bond" or"Bonds" shall mean any or all of the General Obligation School Refunding Bonds, Series 2015 of the Issuer, issued pursuant to the Bond Resolution, as the same may be amended from time to time, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued Bond.
"Bond Obligation"shall mean, as of the date of computation, the principal amount of the Bonds then Outstanding.
"Bond Resolution"shall mean this Resolution, as it may be amended and supplemented as herein provided.
"Business Day"shall mean a day of the year other than a day on which banks located in New York, New York and the cities in which the principal offices of the Paying Agent are located are required or authorized to remain closed and on which the New York Stock Exchange is closed.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Costs of Issuance"shall mean all items of expense, directly or indirectly payable or reimbursable and related to the authorization, sale and issuance of the Bonds, including but not limited to printing costs, costs of preparation and reproduction of documents, filing and recording fees, initial fees and charges of any fiduciary, legal fees and charges, fees and disbursements of consultants and professionals, costs of credit ratings, fees and charges for preparation, execution, transportation and safekeeping of the Bonds, costs and expenses of refunding, premiums for the insurance of the payment of the Bonds, if any, and any other cost, charge or fee paid or payable by the Issuer in connection with the original issuance of Bonds.
"Debt Service"for any period shall mean, as of the date of calculation, an amount
equal to the sum of (a) interest payable during such period on Bonds and (b) the principal amount of Bonds which mature during such period.
"Defeasance Obligations"shall mean (a) cash, or (b) non-callable Government Securities.
"Executive Officers"shall mean, collectively, the President and the Secretary of the Governing Authority.
"Fiscal Year"shall mean 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"shall mean the Parish School Board of the Parish of Rapides, State of Louisiana, or its successor in function.
"Government Securities"shall mean direct general obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form.
"Interest Payment Date"shall mean March 1 and September 1 of each year, commencing September 1, 2015.
"Issuer" shall mean Consolidated School District Number 62 of Rapides Parish, Louisiana.
"Outstanding" when used with reference to the Bonds, shall mean, as of any date, all Bonds theretofore issued under the Bond Resolution, except:
(a) Bonds theretofore cancelled by the Paying Agent or delivered to the Paying Agent for cancellation;
(b) Bonds for the payment or redemption of which sufficient Defeasance Obligations have been deposited with the Paying Agent or an escrow agent in trust for the owners of such Bonds as provided in Section 11.1 hereof, provided that if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to the Bond Resolution, to the satisfaction of the Paying Agent, or waived;
(c) Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to the Bond Resolution; and
(d) Bonds alleged to have been mutilated, destroyed, lost, or stolen which have been paid as provided in the Bond Resolution or by law.
"Owner" or "Owners" shall mean the Person reflected as registered owner of any of the Bonds on the registration books maintained by the Paying Agent.
"Paying Agent"shall mean Whitney Bank, in New Orleans, Louisiana, as paying agent and registrar hereunder, until a successor Paying Agent shall have become such pursuant to the applicable provisions of the Bond Resolution, and thereafter "Paying Agent" shall mean such successor Paying Agent.
"Person" shall mean any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof.
"Purchaser" shall mean Whitney Bank, in New Orleans, Louisiana.
"Record Date"shall mean, with respect to an Interest Payment Date, the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a Business Day.
"Refunded Bonds"shall mean the Issuer's $5,910,000 of outstanding General Obligation School Refunding Bonds, Series 2005, which mature March 1, 2016 to March 1, 2019, inclusive, which are being refunded by the Bonds, as more fully described in Exhibit A hereto.
"State" shall mean the State of Louisiana.
SECTION 1.2 Interpretation. In this Bond Resolution, unless the context otherwise requires, (a) words importing the singular include the plural and vice versa, (b) words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders and (c) the title of the offices used in this Bond Resolution shall be deemed to include any other title by which such office shall be known under any subsequently adopted charter.
ARTICLE 2
AUTHORIZATION AND ISSUANCE OF BONDS
SECTION 2.1 Authorization of Bonds; Refunding of Refunded Bonds. i) This Bond Resolution creates a series of Bonds of the Issuer to be designated "General Obligation School Refunding Bonds, Series 2015, of Consolidated School District Number 62 of Rapides Parish, Louisiana" and provides for the full and final payment of the principal of and interest on all the Bonds.
(b) The Bonds issued under this Bond Resolution shall be issued for the purpose of refunding the Refunded Bonds.
(c) Provision having been made for the orderly payment until maturity or earlier redemption of all the Refunded Bonds, in accordance with their terms, it is hereby recognized and acknowledged that as of the date of delivery of the Bonds under this Bond Resolution, provision will have been made for the performance of all covenants and agreements of the Issuer incidental to the Refunded Bonds, and that accordingly, and in compliance with all that is herein provided, the Issuer is expected to have no future obligation with reference to the aforesaid Refunded Bonds.
SECTION 2.2. Bond Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Bonds by those who shall own the same from time to time, the provisions of this Bond Resolution shall be a part of the contract of the Issuer with the Owners of the Bonds and shall be deemed to be and shall constitute a contract between the Issuer and the Owners from time to time of the Bonds. The provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Owners of any and all of the Bonds, each of which Bonds, regardless of the time or times of its issue or maturity, shall be of equal rank without preference, priority or distinction over any other thereof except as expressly provided in this Bond Resolution.
SECTION 2.3. Obligation of Bonds. The Bonds shall constitute general obligations of the Issuer, and the full faith and credit of the Issuer is hereby pledged for their payment and for the payment of all the interest thereon. The Issuer is bound under the terms and provisions of law and this Bond Resolution to impose and collect annually, in excess of all other taxes, a tax on all the property subject to taxation within the territorial limits of the Issuer, sufficient to pay the principal of and interest on the Bonds falling due each year, said tax to be levied and collected by the same officers, in the same manner and at the same time as other taxes are levied and collected within the territorial limits of the Issuer. All ad valorem taxes levied by the Issuer in each year for the payment of the Bonds shall, upon their receipt, be transferred to the Governing Authority, which shall have responsibility for the deposit of such receipts and for the investment and reinvestment of such receipts and the servicing of the Bonds and any other general obligation bonds of the Issuer.
SECTION 2.4. Authorization and Designation. Pursuant to the provisions of the Act, there is hereby authorized the issuance of Five Million Nine Hundred Five Thousand Dollars ($5,905,000) principal amount of Bonds of the Issuer to be designated "General Obligation School Refunding Bonds, Series 2015, of Consolidated School District Number 62 of Rapides Parish, Louisiana," for the purpose of refunding the Refunded Bonds and paying the Costs of Issuance. The Bonds shall be in substantially the form set forth as Exhibit B hereto, with such necessary or appropriate variations, omissions and insertions as are required or permitted by the Act and this Bond Resolution.
This Governing Authority hereby finds and determines that upon the issuance of the Bonds, the total outstanding amount of general obligation bonds of the Issuer issued and deemed to be outstanding will not exceed the Issuer's general obligation bond limit.
SECTION 2.5. Denominations, Dates, Maturities and Interest. The Bonds are issuable as fully registered bonds without coupons in the denominations corresponding to the principal amount of each maturity (one Bond per maturity), and shall be numbered R-1 upward.
The Bonds shall be dated the date of delivery thereof, shall mature on March 1 in the years and in the principal amounts and shall bear interest, payable on March 1 and September 1 of each year, commencing September 1, 2015, at the rate per annum, as follows:
DATE PRINCIPAL INTEREST
(MARCH 1) PAYMENT RATE
2016 $1,445,000 1.105%
2017 1,465,000 1.235
2018 1,490,000 1.245
2019 1,505,000 1.255
The principal of the Bonds is payable in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts at the principal office of the Paying Agent, upon presentation and surrender thereof. Interest on the Bonds is payable by check mailed on or before the Interest Payment Date by the Paying Agent to the Owner thereof (determined as of the close of business on the Record Date) at the address of such Owner as it appears on the registration books of the Paying Agent maintained for such purpose.
Except as otherwise provided in this Section, Bonds shall bear interest from date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, provided, however, that if and to the extent that the Issuer shall default in the payment of the interest on any Bonds due on any Interest Payment Date, then all such Bonds shall bear interest from the most recent Interest Payment Date to which interest has been paid on the Bonds, or if no interest has been paid on the Bonds, from their dated date.
The person in whose name any Bond is registered at the close of business on the Record Date with respect to an Interest Payment Date shall in all cases be entitled to receive the interest payable on such Interest Payment Date notwithstanding the cancellation of such Bond upon any registration of transfer or exchange thereof subsequent to such Record Date and prior to such Interest Payment Date.
ARTICLE 3
GENERAL TERMS AND PROVISIONS OF THE BONDS
SECTION 3.1. Exchange of Bonds; Persons Treated as Owners. The Issuer shall cause books for the registration and for the registration of transfer of the Bonds as provided in this Bond Resolution to be kept by the Paying Agent at its principal office, and the Paying Agent is hereby constituted and appointed the registrar for the Bonds. At reasonable times and under reasonable regulations established by the Paying Agent said list may be inspected and copied by the Issuer or by the Owners (or a designated representative thereof) of 15% of the outstanding principal amount of the Bonds.
All Bonds presented for registration of transfer or exchange shall be accompanied by a written instrument or instruments of transfer in form and with a guaranty of signature satisfactory to the Paying Agent, duly executed by the Owner or his attorney duly authorized in writing.
The Bonds may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bond or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bond after receipt of the Bond to be transferred in proper form. Such new Bond shall be in an authorized denomination. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Bond 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.
No service charge to the Owners shall be made by the Paying Agent for any exchange or registration of transfer of Bonds. The Paying Agent may require payment by the person requesting an exchange or registration of transfer of Bonds of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto.
The Issuer and the Paying Agent shall not be required to issue, register the transfer of or exchange any Bond 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.
All Bonds delivered upon any registration of transfer or exchange of Bonds shall be valid obligations of the Issuer, evidencing the same debt and entitled to the same benefits under this Bond Resolution as the Bonds surrendered.
Prior to due presentment for registration of transfer of any Bond, the Issuer and the Paying Agent, and any agent of the Issuer or the Paying Agent may deem and treat the person in whose name any Bond is registered as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary.
SECTION 3.2. Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bond shall become mutilated or be improperly cancelled, or be destroyed, stolen or lost, the Issuer may in its discretion adopt a resolution and thereby authorize the issuance and delivery of a new Bond in exchange for and substitution for such mutilated or improperly cancelled Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Owner (i) furnishing the Issuer and the Paying Agent proof of his ownership thereof and proof of such mutilation, improper cancellation, destruction, theft or loss satisfactory to the Issuer and the Paying Agent, (ii) giving to the Issuer and the Paying Agent an indemnity bond in favor of the Issuer and the Paying Agent in such amount as the Issuer may require, (iii) complying with such other reasonable regulations and conditions as the Issuer may prescribe and (iv) paying such expenses as the Issuer and the Paying Agent may incur. All Bonds so surrendered shall be delivered to the Paying Agent for cancellation pursuant to Section 3.4 hereof. If any Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof.
Any such duplicate Bond issued pursuant to this Section shall constitute an original, additional, contractual obligation on the part of the Issuer, whether or not the lost, stolen or destroyed Bond be at any time found by anyone. Such duplicate Bond shall be in all respects identical with those replaced except that it shall bear on its face the following additional clause:
"This bond is issued to replace a lost, cancelled or destroyed bond under the authority of R.S. 39:971 through 39:974."
Such duplicate Bond may be signed by the facsimile signatures of the same officers who signed the original Bonds, provided, however, that in the event the officers who executed the original Bonds are no longer in office, then the new Bonds may be signed by the officers then in office. Such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien and source and security for payment as provided herein with respect to all other Bonds hereunder, the obligations of the Issuer upon the duplicate Bonds being identical to its obligations upon the original Bonds and the rights of the Owner of the duplicate Bonds being the same as those conferred by the original Bonds.
SECTION 3.3. Preparation of Definitive Bonds, Temporary Bonds. Until the definitive Bonds are prepared, the Issuer may execute, in the same manner as is provided in Section 3.5, and deliver, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds except as to the denominations, one or more temporary typewritten Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in authorized denominations, and with such omissions, insertions and variations as may be appropriate to temporary Bonds.
SECTION 3.4. Cancellation of Bonds. All Bonds paid either at or before maturity, together with all Bonds purchased by the Issuer, shall thereupon be promptly cancelled by the Paying Agent. The Paying Agent shall thereupon promptly furnish to the Secretary of the Governing Authority an appropriate certificate of cancellation.
SECTION 3.5. Execution. The Bonds shall be executed in the name and on behalf of the Issuer by the manual or facsimile signatures of the Executive Officers, and the corporate seal of the Issuer (or a facsimile thereof) shall be thereunto affixed, imprinted, engraved or otherwise reproduced thereon. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer before the Bonds so signed and sealed shall have been actually delivered, such Bonds may, nevertheless, be delivered as herein provided, and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Said officers shall, by the execution of the Bonds, adopt as and for their own proper signatures their respective facsimile signatures appearing on the Bonds or any legal opinion certificate thereon, and the Issuer may adopt and use for that purpose the facsimile signature of any person or persons who shall have been such officer at any time on or after the date of such Bond, notwithstanding that at the date of such Bond such person may not have held such office or that at the time when such Bond shall be delivered such person may have ceased to hold such office.
SECTION 3.6. Registration by Paying Agent. No Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Bond Resolution unless and until a certificate of registration on such Bond substantially in the form set forth in Exhibit C hereto shall have been duly executed on behalf of the Paying Agent by a duly authorized signatory, and such executed certificate of the Paying Agent upon any such Bond shall be conclusive evidence that such Bond has been executed, registered and delivered under this Bond Resolution.
SECTION 3.7. Recital of Regularity. This Governing Authority, having investigated the regularity of the proceedings had in connection with this issue of Bonds, and having determined the same to be regular, the Bonds shall contain the following recital, to-wit:
"It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State."
ARTICLE 4
SINKING FUND; PAYMENT OF BONDS
SECTION 4.1. Sinking Fund. (a) For the payment of the principal of and the interest on the Bonds, the Issuer will maintain a special fund, to be held by the regularly designated fiscal agent of the Issuer (the "Sinking Fund"), into which the Issuer will deposit the proceeds of the aforesaid tax described in Section 2.3 hereof and no other moneys whatsoever (except for interest earnings thereon). The depository for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent at least one (1) day in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest falling due on such date.
(b) All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Bond Resolution shall constitute sacred funds for the benefit of the Owners of the Bonds, 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.
(c) 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 only to the Sinking Fund. Accrued interest, if any, received upon delivery of the Bonds shall be invested only in Government Securities maturing on or prior to the first Interest Payment Date.
SECTION 4.2. Payment of Bonds. The Issuer shall duly and punctually pay or cause to be paid as herein provided, the principal of every Bond and the interest thereon, at the dates and places and in the manner stated in the Bonds according to the true intent and meaning thereof.
ARTICLE 5
REDEMPTION OF BONDS
SECTION 5.1. Redemption of Bonds. The Bonds are not callable for redemption prior to their stated dates of maturity.
ARTICLE 6
APPLICATION OF BOND PROCEEDS
SECTION 6.1. Application of Bond Proceeds. As a condition of the issuance of the Bonds, the Issuer hereby binds and obligates itself to:
(a) Apply an amount of the proceeds derived from the issuance and sale of the Bonds (exclusive of accrued interest, if any), as will fully redeem the Refunded Bonds on March 11, 2015.
(b) Deposit accrued interest, if any, received on the delivery date of the Bonds into the Sinking Fund established by Section 4.1 hereof and apply said funds to pay a portion of the interest due on the Bonds on the first Interest Payment Date therefor. Accrued interest, if any, received upon delivery of the Bonds shall be invested only in Government Securities maturing on or prior to the first Interest Payment Date.
ARTICLE 7
SUPPLEMENTAL BOND RESOLUTIONS
SECTION 7.1. Supplemental Resolutions Effective Without Consent of Owners. For any one or more of the following purposes and at any time from time to time, a resolution supplemental hereto may be adopted, which, upon the filing with the Paying Agent of a certified copy thereof, but without any consent of Owners, shall be fully effective in accordance with its terms:
(a) to add to the covenants and agreements of the Issuer in the Bond Resolution other covenants and agreements to be observed by the Issuer which are not contrary to or inconsistent with the Bond Resolution as theretofore in effect;
(b) to add to the limitations and restrictions in the Bond Resolution other limitations and restrictions to be observed by the Issuer which are not contrary to or inconsistent with the Bond Resolution as theretofore in effect;
(c) to surrender any right, power or privilege reserved to or conferred upon the Issuer by the terms of the Bond Resolution, but only if the surrender of such right, power or privilege is not contrary to or inconsistent with the covenants and agreements of the Issuer contained in the Bond Resolution;
(d) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision of the Bond Resolution; or
(e) to insert such provisions clarifying matters or questions arising under the Bond Resolution as are necessary or desirable and are not contrary to or inconsistent with the Bond Resolution as theretofore in effect.
SECTION 7.2. Supplemental Resolutions Effective With Consent of Owners. Except as provided in Section 7.1, any modification or amendment of the Bond Resolution or of the rights and obligations of the Issuer and of the Owners of the Bonds hereunder, in any particular, may be made by a supplemental resolution, with the written consent of the Owners of a majority of the Bond Obligation at the time such consent is given. No such modification or amendment shall permit a change in the terms of redemption or maturity of the principal of any outstanding Bond or of any installment of interest thereon or a reduction in the principal amount or redemption price thereof or in the rate of interest thereon without the consent of the Owner of such Bond, or shall reduce the percentage of Bonds the consent of the Owner of which is required to effect any such modification or amendment, or change the obligation of the Issuer to levy and collect taxes for the payment of the Bonds as provided herein, without the consent of the Owners of all of the Bonds then outstanding, or shall change or modify any of the rights or obligations of the Paying Agent without its written assent thereto. For the purposes of this Section, Bonds shall be deemed to be affected by a modification or amendment of the Bond Resolution if the same adversely affects or diminishes the rights of the Owners of said Bonds.
A supplemental resolution, upon the filing with the Paying Agent of a certified copy thereof, shall become fully effective in accordance with its terms.
ARTICLE 8
TAX AND SECURITIES LAWS COVENANTS
SECTION 8.1. Tax Covenants. 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 Code to in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code. The Issuer shall not take any action or fail to take any action, nor shall it permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, to acquire any securities or obligations the acquisition of which would cause any Bond to be an "arbitrage bond" as defined in the Code or would result in the inclusion of the interest on any Bond in "gross income" under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of the proceeds of the Bonds, (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 Bonds in a manner which would cause the Bonds to be "private activity bonds" under the Code.
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 8.2. Bonds are “Bank-Qualified”. The Bonds are designated as "qualified tax‑exempt obligations" within the meaning of Section 265(b)(3) of the Code. In making this designation, the Issuer finds and determines that:
(a) the Bonds are not private activity bonds within the meaning of the Code; and
(b) the reasonably anticipated amount of qualified tax-exempt obligations which will
be issued by the Issuer and all subordinate entities in the calendar year 2015 will
not exceed $10,000,000.
.
SECTION 8.3. 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 Bonds 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 Bonds are being sold to only one financial institution (i.e., no more than thirty-five persons), which (i) has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the prospective investment in the Bonds and (ii) is not purchasing the Bonds for more than one account or with a view to distributing the Bonds.
ARTICLE 9
REMEDIES ON DEFAULT
SECTION 9.1. Events of Default. If one or more of the following events (in this Bond Resolution called "Events of Default") shall happen, that is to say,
(a) if default shall be made in the due and punctual payment of the principal of any Bond when and as the same shall become due and payable, whether at maturity or otherwise; or
(b) if default shall be made in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; or
(c) if default shall be made by the Issuer in the performance or observance of any other of the covenants, agreements or conditions on its part in the Bond Resolution, any supplemental resolution or in the Bonds contained and such default shall continue for a period of forty-five (45) days after written notice thereof to the Issuer by any Owner; or
(d) if the Issuer shall file a petition or otherwise seek relief under any Federal or State bankruptcy law or similar law;
then, upon the happening and continuance of any Event of Default the Owners of the Bonds shall be entitled to exercise all rights and powers for which provision is made under Louisiana law.
ARTICLE 10
CONCERNING FIDUCIARIES
SECTION 10.1. Paying Agent; Appointment and Acceptance of Duties. The Issuer will at all times maintain a Paying Agent having the necessary qualifications for the performance of the duties described in this Bond Resolution. The designation of Jonesboro State Bank, in Jonesboro, Louisiana, as the initial Paying Agent is hereby confirmed and approved. The Paying Agent shall signify its acceptance of the duties and obligations imposed on it by the Bond Resolution by executing and delivering to the Executive Officers a written acceptance thereof. The Governing Authority reserves the right to appoint a successor Paying Agent by i) filing with the Person then performing such function a certified copy of a resolution or ordinance giving notice of the termination of the agreement and appointing a successor and ii) causing notice to be given to each Owner. Furthermore, the Paying Agent may be removed by the Issuer at any time for any breach of its duties set forth herein, affective upon appointment of a successor Paying Agent as set forth above. Every Paying Agent appointed hereunder shall at all times be a trust company or bank 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.
ARTICLE 11
MISCELLANEOUS
SECTION 11.1 Defeasance. (a) If the Issuer shall pay or cause to be paid to the Owners of all Bonds then outstanding, the principal and interest to become due thereon, at the times and in the manner stipulated therein and in the Bond Resolution, then the covenants, agreements and other obligations of the Issuer to the Owners shall be discharged and satisfied. In such event, the Paying Agent shall, upon the request of the Issuer, execute and deliver to the Issuer all such instruments as may be desirable to evidence such discharge and satisfaction and the Paying Agent shall pay over or deliver to the Issuer all moneys, securities and funds held by them pursuant to the Bond Resolution which are not required for the payment of Bonds not theretofore surrendered for such payment.
Bonds or interest installments for the payment 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 otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section. Bonds shall be deemed to have been paid, prior to their maturity, within the meaning and with the effect expressed above in this Section if they have been defeased pursuant to Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.
SECTION 11.2. Evidence of Signatures of Owners and Ownership of Bonds. (a) Any request, consent, revocation of consent or other instrument which the Bond Resolution may require or permit to be signed and executed by the Owners may be in one or more instruments of similar tenor, and shall be signed or executed by such Owners in person or by their attorneys-in-fact appointed in writing. Proof of (i) the execution of any such instrument, or of an instrument appointing any such attorney, or (ii) the ownership by any person of the Bonds shall be sufficient for any purpose of the Bond Resolution (except as otherwise therein expressly provided) if made in the following manner, or in any other manner satisfactory to the Paying Agent, which may nevertheless in its discretion require further or other proof in cases where it deems the same desirable:
(1) the fact and date of the execution by any Owner or his attorney-in-fact of such instrument may be proved by the certificate, which need not be acknowledged or verified, of an officer of a bank or trust company or of any notary public or other officer authorized to take acknowledgments of deeds, that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Where such execution is by an officer of a corporation or association or a member of a partnership, on behalf of such corporation, association or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority;
(2) the ownership of Bonds and the amount, numbers and other identification, and date of owning the same shall be proved by the registration books of the Paying Agent.
(3) Any request or consent by the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the Issuer or the Paying Agent in accordance therewith.
SECTION 11.3. Moneys Held for Particular Bonds. The amounts held by the Paying Agent for the payment due on any date with respect to particular Bonds shall, on and after such date and pending such payment, be set aside on its books and held in trust by it, without liability for interest, for the Owners of the Bonds entitled thereto.
SECTION 11.4. Parties Interested Herein. Nothing in the Bond Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the Issuer, the Paying Agent and the Owners of the Bonds any right, remedy or claim under or by reason of the Bond Resolution or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in the Bond Resolution contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of the Issuer, the Paying Agent and the Owners of the Bonds and the Refunded Bonds.
SECTION 11.5. No Recourse on the Bonds. No recourse shall be had for the payment of the principal of or interest on the Bonds or for any claim based thereon or on this Bond Resolution against any member of the Governing Authority or officer of the Issuer or any person executing the Bonds.
SECTION 11.6. Successors and Assigns. Whenever in this Bond Resolution the Issuer is named or referred to, it shall be deemed to include its successors and assigns and all the covenants and agreements in this Bond Resolution contained by or on behalf of the Issuer shall bind and enure to the benefit of its successors and assigns whether so expressed or not.
SECTION 11.7. Subrogation. In the event the Bonds herein authorized to be issued, or any of them, should ever be held invalid by any court of competent jurisdiction, the Owner or Owners thereof shall be subrogated to all the rights and remedies against the Issuer had and possessed by the owner or owners of the Refunded Bonds.
SECTION 11.8. Severability. In case any one or more of the provisions of the Bond Resolution or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of the Bond Resolution or of the Bonds, but the Bond Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provision enacted after the date of the Bond Resolution which validates or makes legal any provision of the Bond Resolution or the Bonds which would not otherwise be valid or legal shall be deemed to apply to the Bond Resolution and to the Bonds.
SECTION 11.9. Publication of Bond Resolution. This Bond Resolution shall be published one time in the official journal of the Issuer; however, it shall not be necessary to publish any exhibits hereto if the same are available for public inspection and such fact is stated in the publication.
SECTION 11.10. Execution of Documents. In connection with the issuance and sale of the Bonds, the Executive Officers are each authorized, empowered and directed to execute on behalf of the Issuer such documents, certificates and instruments as they may deem necessary, upon the advice of bond counsel, to effect the transactions contemplated by this Bond Resolution, the signatures of the Executive Officers on such documents, certificates and instruments to be conclusive evidence of the due exercise of the authority granted hereunder.
ARTICLE 12
SALE OF BONDS
SECTION 12.1. Sale of Bonds. The Bonds are hereby awarded to and sold to the Purchaser at the price of par and accrued interest, if any, and under the terms and conditions set forth in the commitment letter attached hereto as Exhibit C, and after their execution and authentication by the Paying Agent, the Bonds shall be delivered to the Purchaser upon receipt by the Issuer of the agreed purchase price.
ARTICLE 13
REDEMPTION OF REFUNDED BONDS
SECTION 13.1. Call for Redemption. The Issuer’s $5,910,000 of General Obligation School Refunding Bonds, Series 2005, consisting of the outstanding bonds of that issue, maturing March 1, 2016 to March 1, 2019, inclusive, which are being refunded by the Bonds, as more fully described in Exhibit A hereto, are hereby called for redemption on March 11, 2015, at the principal amount of each bond so redeemed, together with accrued interest to the call date, in compliance with the resolution authorizing their issuance.
SECTION 13.2. Notice of Call for Redemption. In accordance with the resolution authorizing the issuance of the Refunded Bonds, a notice of call for redemption in substantially the form attached hereto as Exhibit D, shall be sent by the paying agent for the Refunded Bonds to the registered owners of the Refunded Bonds as the same appear on the registration books of said paying agent by means of first class mail not less than thirty (30) days prior to the date of redemption.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Wilton Barrios, Jr. ______ x ______
Steve Berry x ______ ______
Gerald Crooks x ______ ______
Willard McCall x ______ ______
Dr. Stephen Chapman x ______ ______
John E. Allen, Jr. x ______ ______
Keith Breazeale x ______ ______
Darrell Rodriguez x ______ ______
Sandra Franklin x ______ ______
And the resolution was declared adopted on this, the 3rd day of February, 2015.
/s/ Nason "Tony” Authement /s/ Keith Breazeale
Secretary President
EXHIBIT A
TO BOND RESOLUTION
OUTSTANDING BONDS TO BE REFUNDED
General Obligation School Refunding Bonds, Series 2005, dated March 1, 2005, as follows:
DATE INTEREST
(MARCH 1) PRINCIPAL RATE
2016 $1,395,000 4.000%
2017 1,450,000 4.100
2018 1,505,000 4.125
2019 1,560,000 4.200
$5,910,000
The aforesaid bonds will be called for redemption on March 11, 2015, at the principal amount thereof and accrued interest to the date fixed for redemption.
EXHIBIT B
TO BOND RESOLUTION
NO. R-______ PRINCIPAL AMOUNT $____________
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF RAPIDES
GENERAL OBLIGATION SCHOOL REFUNDING BOND, SERIES 2015
OF THE
CONSOLIDATED SCHOOL DISTRICT NUMBER 62
OF RAPIDES PARISH, LOUISIANA
Bond Maturity Interest
Date Date Rate
March 11, 2015 March 1, ____ ____%
CONSOLIDATED SCHOOL DISTRICT NUMBER 62 OF RAPIDES PARISH, LOUISIANA (the "Issuer"), promises to pay, to
WHITNEY BANK
or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Bond Date set forth above, or from the most recent interest payment date to which interest has been paid or duly provided for, payable on March 1 and September 1 of each year (each an "Interest Payment Date"), commencing September 1, 2015, at the Interest Rate per annum set forth above until said Principal Amount is paid. The principal of this Bond, upon maturity, is payable in such coin or currency of the United States of America which at the time of payment is legal tender for payment of public and private debts at the principal corporate trust office of Whitney Bank, in New Orleans, Louisiana, or any successor thereto (the "Paying Agent"), upon presentation and surrender hereof. Interest on this Bond is payable by check mailed by the Paying Agent to the registered owner. The interest so payable on any Interest Payment Date will, subject to certain exceptions provided in the hereinafter defined Bond Resolution, be paid to the person in whose name this Bond is registered at the close of business on the Record Date (which is the 15th calendar day of the month next preceding an Interest Payment Date). Any interest not punctually paid or duly provided for shall be payable as provided in the Bond Resolution.
This Bond is one of an authorized issue of General Obligation School Refunding Bonds, Series 2015, aggregating in principal the sum of Five Million Nine Hundred Five Thousand Dollars ($5,905,000) (the "Bonds"), said Bonds having been issued by the Issuer pursuant to a resolution adopted by its governing authority on February 3, 2015 (the "Bond Resolution"), for the purpose of refunding all of the callable maturities of the Issuer’s outstanding General Obligation School Refunding Bonds, Series
2005, as more fully described in the Bond Resolution, and paying the costs of issuance of the Bonds, under the authority of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.
The Bonds are issuable as fully registered bonds in the denomination of $5,000, or any integral multiple thereof within a single maturity, exchangeable for an equal aggregate principal amount of Bonds of the same maturity of any other authorized denomination.
Subject to the limitations and requirements provided in the Bond Resolution, the transfer of this Bond shall be registered on the registration books of the Paying Agent upon surrender of this Bond at the principal corporate trust office of the Paying Agent, as Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form and a guaranty of signature satisfactory to the Paying Agent, duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new Bond or Bonds of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee. Prior to due presentment for transfer of this Bond, the Issuer and the Paying Agent and any agent of either thereof may deem and treat the registered owner hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and interest hereon and for all other purposes, and neither the Issuer nor the Paying Agent shall be affected by any notice to the contrary. Upon any such registration of transfer or exchange, the Paying Agent may require payment of an amount sufficient to cover any tax or other governmental charge in connection therewith.
The Bonds are not callable prior to their stated maturity dates.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.
This Bond and the issue of which it forms a part constitute general obligations of the Issuer, and the full faith and credit of the Issuer is pledged for the payment of this Bond and the issue of which it forms a part. The Bonds are secured by a special ad valorem tax to be imposed and collected annually in excess of all other taxes on all the property subject to taxation within the territorial limits of the Issuer, under the Constitution and laws of Louisiana, sufficient in amount to pay the principal of this Bond and the issue of which it forms a part and the interest thereon as they severally mature.
The Issuer shall cause to be kept at the principal corporate trust office of the Paying Agent a register (the "Bond Register") in which registration of the Bonds and of transfers of the Bonds shall be made as provided in the Bond Resolution. This Bond may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. This Bond 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 Bond will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for this transferred and assigned Bond after receipt of this Bond to be transferred in proper form. Such new Bond shall be in the same denomination. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Bond 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.
The Bond Resolution permits, with certain exceptions as therein provided, the amendment thereof and the modifications of the rights and obligations of the Issuer and the rights of the owners at any time by the governing authority of the Issuer with the consent of the owners of a majority in aggregate principal amount of all Bonds issued and then outstanding under the Bond Resolution, to be determined in accordance with the Bond Resolution.
It is certified that this Bond is authorized by and is 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 Bond 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 Bond 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 Consolidated School District Number 62 of Rapides Parish, Louisiana, has caused this Bond to be executed in its name by the manual or facsimile signatures of its President and its Secretary, and a facsimile of its corporate seal to be impressed or imprinted hereon.
CONSOLIDATED SCHOOL DISTRICT NUMBER 62 OF RAPIDES PARISH, LOUISIANA
Secretary President
Parish School Board Parish School Board
(SEAL)
* * * * * * * * * *
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Bond is one of the Bonds referred to in the within mentioned Bond Resolution.
Whitney Bank
New Orleans, Louisiana
as Paying Agent
Date of Registration:
Authorized Officer
* * * * * * * * * *
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
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Please Insert Social Security or other Identifying Number of Assignee |
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he within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney or agent to transfer the within Bond 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 Bond in every particular, without alteration or enlargement or any change whatever.
* * * * * * * * * *
(FORM OF LEGAL OPINION CERTIFICATE)
(TO BE PRINTED ON ALL BONDS)
LEGAL OPINION CERTIFICATE
I, the undersigned Secretary of the Parish School Board of the Parish of Rapides, State of Louisiana, do hereby certify that the following is a true copy of the complete legal opinion of Foley & Judell, L.L.P., the original of which was manually executed, dated and issued as of the date of payment for and delivery of this Bond and was delivered to Whitney Bank, of New Orleans, Louisiana, the original purchaser thereof:
(Bond Printer Shall Insert Legal Opinion)
I further certify that an executed copy of the above legal opinion is on file in my office, and that an executed copy thereof has been furnished to the Paying Agent for this Bond.
(manual or facsimile)
Secretary
Parish School Board
EXHIBIT C
TO BOND RESOLUTION
COMMITMENT LETTER
EXHIBIT D
TO BOND RESOLUTION
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION SCHOOL REFUNDING BONDS, SERIES 2005
DATED MAY 1, 2005
(MATURING MARCH 1, 2016 TO 2019, INCLUSIVE)
OF THE
CONSOLIDATED SCHOOL DISTRICT NUMBER 62
OF RAPIDES PARISH, LOUISIANA
NOTICE IS HEREBY GIVEN that, pursuant to a resolution adopted on February 3, 2015, by the Parish School Board of the Parish of Rapides, State of Louisiana, acting as the governing authority of Consolidated School District Number 62 of Rapides Parish, Louisiana (the “Issuer”), the Parish School Board hereby calls for redemption on March 11, 2015, $5,910,000 of the Issuer's outstanding General Obligation School Refunding Bonds, Series 2005, dated May 1, 2005 (the “Series 2005 Bonds”), consisting of certain of the bonds of said issue which mature March 1, 2016 to March 1, 2019, inclusive, as hereinafter set forth (the “Refunded Bonds”), at a price of par, plus accrued interest, upon presentation and surrender of said bonds as set out below.
NOTICE IS HEREBY FURTHER GIVEN that the Refunded Bonds are hereby called for redemption on March 11, 2015, at the principal amount thereof and accrued interest to the call date, and being more fully described as follows:
Maturity Principal Interest CUSIP
Date Amount Rates Numbers
March 1, 2016 $1,395,000 4.000% 753608EM6
March 1, 2017 1,450,000 4.100 753608EN4
March 1, 2018 1,505,000 4.125 753608EP9
March 1, 2019 1,560,000 4.200 753608EQ7
$5,910,000
No further interest shall accrue and be payable on the Refunded Bonds from and after March 11, 2015. The Refunded Bonds should not be surrendered for payment until March 11, 2015, and then should be surrendered at Argent Trust, as follows:
By Hand, Express Mail
or Courier Service By Mail
Argent Trust Argent Trust
Attn: Lana Wade Attn: Lana Wade
500 E. Reynolds Drive P. O. Drawer 1410
Ruston, Louisiana 71270 Ruston, Louisiana 71270
The CUSIP NUMBERS listed above are provided for the convenience of the bond owners. The Issuer does not certify as to their correctness.
Holders of said Refunded Bonds are reminded that the Federal Interest and Dividend Tax Compliance Act of 1983 requires that the Paying Agent, as payor, withhold 28% of the principal amount if a Taxpayer Identification Number has not been provided by the Holder as payee. If the Tax Identification Number has not previously been provided to the Paying Agent, then Bondholders are requested to provide this information to the Paying Agent with a Form W-9 in order to avoid the aforesaid withholding.
CONSOLIDATED SCHOOL DISTRICT NUMBER 62 OF RAPIDES PARISH, LOUISIANA
By:
Secretary
Date: February 3, 2015
STATE OF LOUISIANA
PARISH OF RAPIDES
I, the undersigned Secretary of the Parish School Board of the Parish of Rapides, State of Louisiana (the "Governing Authority"), do hereby certify that the foregoing pages constitute a true and correct copy of a resolution adopted on February 3, 2015, by said Governing Authority providing for the issuance and sale of Five Million Nine Hundred Five Thousand Dollars ($5,905,000) of General Obligation School Refunding Bonds, Series 2015, of Consolidated School District Number 62 of Rapides Parish, Louisiana; prescribing the form, fixing the details and providing for the rights of the owners thereof; providing for the payment of the principal of and interest on such bonds and the application of the proceeds thereof to the refunding of certain bonds of said District; awarding said bonds to the purchaser thereof; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature on this, the 3rd day of February, 2015.
____________________________________
Secretary
_________________
A motion was made by Dr. Stephen Chapman and seconded by Mr. John Allen to authorize the Superintendent to sign the contract with ZFX Flying Effects for the stage flying effects for Mary Poppins performance and a proscenium dance for Bert at Pineville High School, pending review by Board Attorney. (Item 5D-11)
Discussion ensued.
A substitute motion was made by Dr. Stephen Chapman and seconded by Mr. Gerald Crooks to authorize the Superintendent and/or the Board President to sign the contract with ZFX Flying Effects for the stage flying effects for Mary Poppins performance and a proscenium dance for Bert at Pineville High School, pending review by Board Attorney.
On roll call the vote on the substitute motion was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. John Allen to discuss disclosure of new and renewed performance contracts. (Item 5F-1g)
Discussion ensued on full disclosure.
On motion by Mr. Steve Berry and seconded by Mr. John Allen, the Board voted unanimously to receive report on disclosure of new and renewed performance contracts.
____________________
A motion was made by Dr. Stephen Chapman and seconded by Mr. Willard McCall to approve revising policies as recommended by Forethought Consulting, pending review by legal counsel. (Item 5C-2)
a. IFA (Instructional Materials)
b. JCAA (Due Process)
Several parents made comments at this time and discussion ensued.
On roll call the vote was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
A motion was made by Mr. Steve Berry and seconded by Mr. Gerald Crooks to approve revising policies as recommended by Forethought Consulting, pending review by legal counsel as follows: (Item 6)
a. BBBA (Duties of Board Members)
b. GBRJ (Substitute Employees)
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Mr. Gerald Crooks, the Board voted unanimously to approve revising policies as recommended by Forethought Consulting, pending review by legal counsel as follows:
a. BBBA (Duties of Board Members)
b. GBRJ (Substitute Employees)
A motion was made by Mr. Steve Berry and seconded by Mr. Gerald Crooks that the RPSB amend Policies GBK and GBN with changes and for the Administration to provide to the RPSB, upon completion, the process of randomly selecting the hearing officer (discussed at the October Personnel Committee; laid over from November Board meeting and sent to January meeting; deferred to the January Personnel Committee; sent to the February Board) (Item 7)
Discussion ensued and Mr. Steve Berry presented recommendations at this time.
A substitute motion was made by Mr. Steve Berry and seconded by Dr. Stephen Chapman to make the following changes as follows:
GBK (Employee Discipline) Pages 13-15 approved as presented in back-up material and no additional changes were made.
GBN (Dismissal of Employees) Page 16 – Strike all language beginning with “The Teacher shall not be entitled” beginning on line 5 of the sub-paragraph entitled “Non-Tenured Teachers” Replace with: “The teacher shall not be entitled to a hearing before the School Board, however upon request of the employee, the School Board shall grant the employee time for a general discussion of the recommendation with the Superintendent and the affected employee. Any directives or suggestions by the Board shall be consistent with the provisions of Act 1 of 2012 and Act 570 2014. The employee shall be entitled to representation.”
Page 18 - Strike all language in the paragraph beginning with “In a non-renewal situation, the employee shall not be entitled to a hearing before the board,” Replace with: “In a non-renewal situation, the employee shall not be entitled to a hearing before the School Board, however upon request from the employee, the School Board shall grant the employee time for a general discussion of the recommendation with the Superintendent and affected employee. Any directives or suggestions by the Board shall be consistent with the provisions of Act 1 of 2012 and Act 570 2014. The employee shall be entitled to representation.”
On the substitute motion by Mr. Steve Berry and seconded by Dr. Stephen Chapman, the Board voted unanimously to make the changes as listed above on Policy GBK and GBN.
____________________
A motion was made by Mrs. Sandra Franklin and seconded by Mr. Steve Berry to authorize the Superintendent and/or Board President to sign contract with Music Theatre International for the amount of $6,550 for Pineville High School Theatre performance of The Wedding Singer (revised contract – dates changed). (Item 9)
Discussion ensued.
On roll call the vote was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
____________________
A motion was made by Mr. Darrell Rodriguez and seconded by Mr. Steve Berry to authorize the Superintendent and/or Board President to sign contract with Music Theatre International for the amount of $6,950 for Pineville High School Theatre performance of Mary Poppins. (Item 10)
Discussion ensued.
On roll call the vote was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
____________________
A motion was made by Mr. Darrell Rodriguez and seconded by Mr. Willard McCall to approve the contract agreement between OffShore Energy Center and the Rapides Parish School Board on behalf of C. C. Raymond Elementary, Ruby-Wise Elementary, Cherokee Elementary, H. R Lawrence Upper Elementary and Peabody Montessori Elementary and accept a donation in the amount of $1,500 per referenced schools from Harvey Gulf Marine and authorize the Board President and/or Superintendent to sign any necessary documentation, pending review by Board Counsel. (Item 11)
Discussion ensued.
On roll call the vote was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
____________________
A motion was made by Mr. Darrell Rodriguez and seconded by Mr. Willard McCall to authorize the Superintendent to enter into a Maintenance and Support agreement with MorphoTrak, Inc. (yearly support system for our fingerprinting system – reviewed by Board Attorney) (2013 - $3,741 and 2014 - $3,928). (Item 12)
Discussion ensued
On roll call the vote was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
____________________
A motion was made by Mr. Darrell Rodriguez and seconded by Mr. John Allen to award E-Rate Services purchases(s), contracts(s) and/or agreement(s) from RFP 15-30A: “CAT 1 E-rate” per tabulation sheet and to authorize the Board President to sign any and all documentation in connection with said contract(s) or agreement(s), pending any necessary review by Board Counsel. (Item 13)
Discussion ensued.
A substitute motion was made by Mr. Keith Breazeale and seconded by Mr. Darrell Rodriguez to defer this item to the March 3, 2015 Board Meeting.
Discussion ensued.
On the substitute motion by Mr. Keith Breazeale and seconded by Mr. Darrell Rodriguez, the Board voted unanimously to defer this item to the March 3, 2015 Board Meeting.
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez to discuss and take action on funding source for E-Rate Category 2 expenses. (Item 14)
Discussion ensued.
A substitute motion was made by Dr. Stephen Chapman and seconded by Mr. Steve Berry for the RPSB to approve E-Rate Category 2 expenses as presented by the Finance Department with funding sources as follows: $55,888.88 by the General Fund for Central Office expenses and $94,523.46 by Individual School Maintenance, Technology and/or Bond Funds for school expenses.
Discussion ensued.
On roll call the vote on the substitute motion was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
____________________
A motion was made by Mr. Darrell Rodriguez and seconded by Mr. Gerald Crooks to approve out of state field trip request for Peabody Montessori Robotics and Young Astronauts Club to attend Pathfinder Space Camp at U. S. Space and Rocket Center in Huntsville, AL; approval for Superintendent to sign all contracts associated with the approximate cost of $11,200 to be paid through grants, fundraising and parents. (Item 15)
Discussion ensued.
On roll call the vote was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
____________________
A motion was made Mr. Darrell Rodriguez and seconded by Mr. John Allen to authorize the secretary to advertise for bids for cafeteria equipment 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. (Item 16)
Discussion ensued.
On roll call the vote was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: None
ABSENT: Mr. Barrios
____________________
President Keith Breazeale called for a short recess at this time and then the meeting reconvened.
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. John Allen for the RPSB Administration to present an update on the current district-wide curricula including Eureka Math and present at the June 2, 2015 Board Meeting. (Item 17)
Discussion ensued and several parents made comments at this time.
A substitute motion was made by Mr. Darrell Rodriguez and seconded by Mr. John Allen for RPSB Administration to present an update on the current district-wide curricula including Eureka Math and present at the May 19, 2015 Education Committee.
Discussion ensued.
On the substitute motion by Mr. Darrell Rodriguez and seconded by Mr. John Allen, the Board voted unanimously for RPSB Administration to present an update on the current district-wide curricula including Eureka Math and present at the May 19, 2015 Education Committee.
_____________________
A motion was made by Mr. Steve Berry and seconded by Mr. John Allen to approve Change Order #6 on “Tioga Junior High School Renovations” for RPSB (Bid #14-45) between the RPSB and Tudor, Inc. increasing the contract sum by $10,923.00 and thereby increasing the total contract amount to $2,373,778.32 and authorize the Board President to sign any documentation in connection therewith. (Item 18)
Discussion ensued.
On roll call the vote was as follows:
AYE: Mrs. Franklin, Mr. Berry, Mr. Crooks, Mr. McCall, Mr. Allen, Mr. Rodriguez, Mr. Breazeale
NAY: Dr. Stephen Chapman
ABSENT: Mr. Barrios
THE MOTION WAS ADOPTED BY MAJORITY VOTE.
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez to discuss procedures for administration of state assessments for 2015. (Item 19)
Superintendent Authement presented information to the Board and discussion ensued. Several parents made comments at this time.
No action was taken.
____________________
Pursuant to motion duly carried, the Rapides Parish School Board adjourned.
/s/W. K. Breazeale
President
ATTEST:
/s/Nason Authement
Secretary
S E A L