OFFICIAL PROCEEDINGS
OF THE
RAPIDES PARISH SCHOOL BOARD
Alexandria, Louisiana
March 17, 2015
The Rapides Parish School Board of Rapides Parish, Louisiana, met in special session at 5:00 o’clock p.m. on Tuesday, March 17, 2015 at the regular meeting place of said board in the Rapides Parish School Board Office, 619 Sixth and Beauregard Streets, in Alexandria, Louisiana.
Vice President Wilton Barrios called the meeting to order and on roll call the following members were present:
Wilton Barrios, Vice-President
Steve Berry, Member
Gerald Crooks, Member
Sandra Franklin, Member
Willard McCall, Member
Absent: Keith Breazeale, President
Absent: Stephen Chapman, Member
Absent: John Allen, Member
Absent: Darrell Rodriguez, Member
Mr. Nason Authement, secretary for the Board, was present for the meeting.
____________________
Attorney Mr. James Downs was not present for the meeting.
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The Invocation was pronounced by Mrs. Sandra Franklin after which Mr. Steve Berry led in the recitation of the Pledge of Allegiance.
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(COPY OF OFFICIAL CALL WAS MAILED TO EACH MEMBER OF THE RAPIDES PARISH SCHOOL BOARD AND TO THE MEDIA AND POSTED IN A CONSPICUOUS PLACE AT THE MEETING PLACE OF SAID BOARD ON MARCH 11, 2015)
Alexandria, Louisiana
March 11, 2015
Dear Sir/Madam:
By virtue of the authority vested in me by law and by reason of the fact that it is deemed necessary, advisable, and to the public interest that the Rapides Parish School Board be called in special session; now, therefore,
I, W. K. Breazeale, President, do hereby give notice that the said board will meet in special session at its domicile at 619 Sixth and Beauregard Streets in the City of Alexandria, Louisiana, at 5:00 p.m. on Tuesday, March 17, 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 of Allegiance
3. Roll call
4. Motion to ratify and confirm bids received on Friday, March 6, 2015 at 11:00 a.m. by the Central Office Staff for RFP #15-30B: "E-Rate Cat 2" 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, Various School Maintenance and Technology, Bond Fund
Amount $55,888.88 and $94,523.46
5. Motion to ratify and confirm bid(s) received on Thursday, February 26, 2015 at 10:00 a.m. by the Central Office Staff for “Turnkey Purchase of Equipment for Various Cafeterias” (Bid #15-01) and to award to the lowest responsive and responsible bidder contingent on low
bidder meeting all LA Public Bid Law and Contract Document requirements and specifications (Various schools: Hadnot-Hayes, Alma Redwine NVA, Horseshoe, Julius Patrick) – Ms. Liz Domite
Source of funding Food Service Grant Amount $45,000.00
6. Announce the Public Meeting to Levy 2015 Tax Millages will be held on May 5, 2015 at 5:00 p.m. in the Board Room of the Rapides Parish School Board at 619 Sixth Street, Alexandria, LA 71301 and announcement of this Public Meeting will be published in the Town Talk as required by R.S.42:19.1 – Ms. Liz Domite
Page 1
7. Motion for the RPSB to adopt a Resolution authorizing its participation as a plaintiff in the matter entitled St. John the Baptist Parish School Board, et al v State of Louisiana, et al No. 631,638, Division D, on the docket of the 19th JDC for the Parish of East Baton Rouge, State of Louisiana – Mr. Nason Authment
Pages 2-8
IN TESTIMONY WHEREOF, Witness my official signature and the seal of the Rapides Parish School Board this 11th day of March 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.
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A motion was made by Mr. Steve Berry and seconded by Mr. Gerald Crooks for the RPSB to adopt a Resolution authorizing its participation as a plaintiff in the matter entitled St. John the Baptist Parish School Board, et al v State of Louisiana, et al No. 631,638, Division D, on the docket of the 19th JDC for the Parish of East Baton Rouge, State of Louisiana. (Item 7)
Mr. Nason Authement presented information to the Board and an attorney from Hammonds and Sills, Mr. Neal Johnson, was present and discussion ensued.
On roll call the vote was as follows:
AYE: Mr. Berry, Mr. Crooks, Mrs. Franklin, Mr. McCall, Mr. Barrios
NAY: None
ABSENT: Mr. Allen, Mr. Rodriguez, Dr. Chapman, Mr. Breazeale
MATTER PERTAINING TO ADOPTION OF RESOLUTION REGARDING EMPLOYMENT OF SPECIAL COUNSEL, IN ACCORDANCE WITH LOUISIANA REVISED STATUTE 42:263.
RECOMMENDATION:
That the Rapides Parish School Board adopt the following resolution agreeing to participate in litigation to recover the annual growth adjustment of 2.75 percent required to be applied to the state and local base per pupil amount in the Minimum Foundation Program funding formula for Fiscal Years 2012-13 and 2013-14.
RESOLUTION
WHEREAS, during each fiscal year between Fiscal Year 2009-10 and Fiscal Year 2011-12, the Louisiana Board of Elementary and Secondary Education adopted and the Louisiana Legislature approved a Minimum Foundation Program funding formula that provides that an annual growth adjustment of 2.75% shall automatically be applied to the state and local base per pupil amount in the event that the Resolution adopting the formula remains in effect in a subsequent fiscal year, and
WHEREAS, one of the Minimum Foundation Program funding formulas adopted by the Louisiana Board of Elementary and Secondary Education and approved by the Louisiana legislature between Fiscal Year 2009-10 and Fiscal Year 2011-12 remain in effect for Fiscal Years 2012-13 and 2013-14 by virtue of the Louisiana Legislature’s failure to approve a constitutional Minimum Foundation Program funding formula for Fiscal Year 2012-13 and failed to approve a Minimum Foundation Program funding formula for Fiscal Year 2013-14, and
WHEREAS, the Rapides Parish School Board has been negatively impacted by there being no growth in the state and local base per pupil amount in the Minimum Foundation Program funding formula for several prior years, and
WHEREAS, the application of one of the Minimum Foundation Program funding formulas adopted by the Louisiana Board of Elementary and Secondary Education and approved by the Louisiana legislature between Fiscal Year 2009-10 and Fiscal Year 2011-12 will result in a growth of 2.75 percent in the state and local base per pupil amount in the Minimum Foundation Program funding formula for Fiscal Years 2012-13 and 2013-14, and
WHEREAS, pursuant to La. R.S. 17:81(E)(1), school boards are mandated to exercise proper vigilance in securing for their schools all funds destined for the support of said schools, and
WHEREAS, the funds comprising the annual growth adjustment are funds destined for the support of the schools in this school system, and
WHEREAS, the Rapides Parish School Board, its Superintendent of Schools, and its staff are in need of special counsel with experience, training, and expertise in school and constitutional law issues to seek recovery any and all funds destined for the support of the public schools in Rapides Parish, and
WHEREAS, through its representation of various school boards in the State of Louisiana, the law firm of Hammonds, Sills, Adkins & Guice, LLP of Baton Rouge, Louisiana, has special experience, training, and expertise in those issues of school law relevant to the proposed litigation, and
WHEREAS, through its representation of the Louisiana Association of Educators and others in constitutional litigation concerning the Minimum Foundation Formula as well as its representation of various school employees throughout the State of Louisiana, the law firm of Blackwell & Associates of Baton Rouge, Louisiana, has special experience, training, and expertise in those issues of school law relevant to the proposed litigation, and
WHEREAS, the law firm of Kean Miller LLP of Baton Rouge, Louisiana, has special experience in constitutional litigation through such past representations of the Louisiana Association of Educators in Louisiana Association of Educators v. Edwards, involving constitutional issues concerning the funding of the Minimum Foundation Program formula, now
THEREFORE, BE IT DULY RESOLVED, by the Rapides Parish School Board in regular session duly convened that it directs Hammonds, Sills, Adkins & Guice, LLP, Blackwell & Associates and Kean Miller LLP be hired for this specific purpose to immediately seek through litigation as may in special counsel’s opinion be deemed necessary and appropriate the recovery the annual growth adjustment of 2.75 percent required to be applied to the state and local base per pupil amount in the Minimum Foundation Program funding formulas for Fiscal Years 2012-13 and 2013-14 as a result of the application of one of the Minimum Foundation Program funding formulas adopted by the Louisiana Board of Elementary and Secondary Education and approved by the Louisiana legislature between Fiscal Year 2009-10 and Fiscal Year 2011-12 on behalf of the Rapides Parish School Board.
BE IT FURTHER RESOLVED that the Rapides Parish School Board has been duly advised that the law firm of Blackwell & Associates of Baton Rouge, Louisiana has in the past, and may, in the future, represent school employees in matters in which the Rapides Parish School Board is an adverse party. The Rapides Parish School Board recognizes that such representation may present said law firm with an actual and/or potential conflict of interest. As an inducement to said law firm to undertake its representation on the terms set forth in this Resolution, the Rapides Parish School Board irrevocably waives any and all such past, present and future actual and/or potential conflicts of interest.
BE IT FURTHER RESOLVED, that the Rapides Parish School Board specifically authorizes special counsel to name it as a party plaintiff and/or intervenor to said lawsuits.
BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to the Attorney General of the State of Louisiana.
BE IT FURTHER RESOLVED, that subject to approval of this Resolution by the Attorney General, this employment shall be effective immediately upon adoption of this Resolution.
BE IT FURTHER RESOLVED, that any and all attorneys' fees and expenses incurred in said litigation be contingent upon the recovery of amounts constituting the annual growth adjustment for Fiscal Years 2012-13 and 2013-14, not to exceed ten (10%) percent.
BE IT FURTHER RESOLVED, that the President of the Rapides Parish School Board is hereby authorized and empowered to execute the Contingent Fee Agreement and Power of Attorney engaging the services of Hammonds, Sills, Adkins & Guice, LLP, Blackwell & Associates and Kean Miller LLP.
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CERTIFICATE
I hereby certify that the foregoing resolution was adopted by the Rapides Parish School Board in regular session duly convened on the 17th day of March, 2015 and that same has not been rescinded or repealed.
In the city of Alexandria, Louisiana, this 17th day of March, 2015.
MR. NASON AUTHEMENT MR. W. K. BREAZEALE
SECRETARY, RAPIDES PARISH PRESIDENT, RAPIDES PARISH
SCHOOL BOARD SCHOOL BOARD
CONTINGENT FEE AGREEMENT AND POWER OF ATTORNEY
RAPIDES PARISH SCHOOL BOARD (“Client”) hereby employs and retains HAMMONDS, SILLS, ADKINS & GUICE, LLP, KEAN MILLER LLP and BLACKWELL & ASSOCIATES (herein referred to as “Attorneys”) to represent Client as set forth in this Agreement.
1. SCOPE OF REPRESENTATION
Client hereby engages Attorneys to investigate, evaluate and prosecute all of Client’s available claims for recovery of the 2.75% annual growth adjustment in the Minimum Foundation Program (MFP) for Fiscal Year 2013-2014 as a result of the Louisiana Supreme Court finding Senate Concurrent Resolution 99 of the 2012 Regular Session of the Louisiana legislature unconstitutional and the failure of the Louisiana Legislature to adopt an MFP resolution during the 2013 Regular Session of the Louisiana Legislature (hereinafter referred to as “the Claims”). Client acknowledges that Client has engaged Attorneys for the sole purposes expressly stated in this Agreement and none other. Client understands Attorneys are not making any representations of any kind to perform any legal services that are not expressly stated in this Agreement.
2. AUTHORITY OF THE ATTORNEYS
Client authorizes Attorneys to take all steps that Attorneys, in the exercise of their professional judgment, deem necessary and proper regarding the investigation, filing, and handling of the Claims, including filing the Claims, hiring certified public accountants, expert witnesses, negotiating a settlement, and, if necessary, filing a lawsuit or other action. Client authorizes and empowers Attorneys to investigate, institute, and prosecute a claim for the recovery of any and all monies damages arising out of the Claims, and to prosecute the Claims to resolution by a settlement or judgment.
3. ATTORNEYS’ FEES
Client understands the Attorneys’ fees will be calculated based on the gross amount of any and all monies obtained after the date Client signs this Agreement relating to the Claims (the “Recovery”). Except as provided in paragraph 9, if there is no Recovery, Client owes Attorneys no attorney’s fees. In consideration of the services to be rendered to Client by Attorneys, Client hereby assigns, grants and conveys to Attorneys the following:
10% of any Recovery.
4. ADVANCED EXPENSES
Client understands that Attorneys will advance expenses, which, in the professional judgment of Attorneys, are reasonably necessary for the prosecution of the Claims. Client understands that, if there is a Recovery, advanced expenses will be deducted from Client’s share of the Recovery. Except as provided in paragraph 9, if there is no Recovery, Client is not obligated to reimburse advanced expenses. Attorneys agree that the term “expenses” and/or “advanced expenses” means amounts actually paid and/or incurred by Attorneys in the prosecution of the Claims, such as accounting fees, filing fees, overnight mail, and expert witness fees. Attorneys agree to not include long distance calls, fax fees, or any expense that is part of Attorneys’ usual overhead as an advanced expense.
5. ASSOCIATE COUNSEL
Client understands Attorneys are law firms with several lawyers and support staff working on Client’s Claims. The Attorneys’ fee split disclosed in this paragraph does not affect or increase the Attorneys’ fees described in Section 3. Attorneys have assumed joint responsibility for prosecution of Client’s Claims. Client agrees that the Attorneys’ Fee split is as follows: (i) Hammonds, Sills, Adkins & Guice, LLP shall receive one-third (ii) Kean Miller LLP shall receive one-third and (iii) Blackwell & Associates shall receive one-third.
6. DISBURSEMENTS OF PROCEEDS
Client understands that any Recovery shall be deposited in Attorneys’ trust account. Attorneys shall disburse proceeds within ten business days of Attorneys receiving any Recovery. At the time of disbursement Attorneys shall provide Client with a detailed closing statement reflecting the amount of Attorneys’ Fees and advanced expenses.
7. SETTLEMENT AUTHORITY
No settlement of the cause of action shall be made without Client’s full knowledge and approval. Client has sole and exclusive authority to accept or reject any final settlement amount. Client agrees to carefully review and consider Attorneys’ recommendation as to whether to accept or reject any final settlement offer. Client agrees to not make a settlement (or offer of settlement) without the prior consent of the Attorneys. Client hereby designates and appoints Attorneys as Client’s sole negotiator in any such settlement dialogue or discussion.
8. NO GUARANTEE OF RECOVERY
Client acknowledges that Attorneys have made no representation, guarantee or assurance of any kind regarding the likelihood of recovering on the Claims. Attorneys have not represented that Client will recover any damages, compensation or other funds. Client acknowledges the possibility exists that there will be no Recovery on the Claims.
9. TERMINATION
i. Client’s Termination. If Client elects to terminate Attorneys’ engagement prior to the full conclusion of the Attorneys’ prosecution of the Claims, Client understands and agrees Attorneys have and are entitled to file a first lien for the percentage(s) indicated in Section 3 (the “Attorneys’ Fee Lien”). Client agrees it shall pay this Attorneys’ Fee Lien upon Client’s, Client’s assignee or successor, or any successor attorney’s receipt of any Recovery obtained relating to Client’s Claims.
ii. Attorneys’ Termination. If Attorneys determine, in their sole professional judgment, to terminate this engagement Client shall not be obligated to pay Attorneys’ fees or advanced expenses.
iii. Written Notification Required. Client and Attorneys mutually agree that cancellation and/or termination of this Agreement must be: (i) in writing; (ii) addressed to the other party at the address indicated on the signature page of this Agreement; and (iii) sent via the USPS or overnight carrier by the party seeking to terminate the Agreement.
10. DISPOSITION OF FILE
Any materials compiled by Attorneys regarding this engagement (the “File”) will remain in Attorneys’ possession upon the conclusion of the engagement. Client expressly authorizes Attorneys to store the File at an offsite location. Attorneys will cooperate fully in furnishing a copy of the File to any successor attorney Client may engage. Client agrees to submit a written request to obtain any information or materials from the File; Attorneys agree to comply if the request is made within two (2) years after the conclusion of the representation. Absent such request, Client acknowledges Attorneys may dispose of the File without any further action or approval by Client.
11. CLIENT REPRESENTATIONS
Client represents it has made sufficient investigation to determine this Agreement is fair, reasonable, and the result of an arm’s length negotiation with the Attorneys. Client represents it has revoked all prior agreements, if any, with other attorneys or claims processors of any kind with respect to the Claims. Client represents it has not assigned, sold or transferred any interest in the Claims other than through this Agreement. No modification of this Agreement will be effective unless written and signed by Client and Attorneys.
Client represents it has, before signing this Agreement, received and read it in full and that Attorneys have answered all of Client’s questions regarding this Agreement. Client represents that the individual signing this Agreement on behalf of Client has Client’s full authority to bind Client.
12. SEVERABILITY
If any part of this Agreement shall for any reason be found unenforceable, Client agrees that all other portions shall remain enforceable.
Client agrees that this Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings, written or oral agreements between the parties respecting the subject matter within. Further, any modification of this Agreement will be effective unless written and signed by Client and Attorneys.
13. NON-SOLICITATION
Client acknowledges that Attorneys (including any individual or entity working on behalf of Attorneys) did not solicit Client.
14. CLIENT COMMUNICATION.
Attorneys agree to keep Client reasonably informed about the status of the engagement. Client agrees that Attorneys may use e-mail, newsletters, phone calls, faxes, or other forms of communication for this purpose. Client agrees to keep Attorneys updated with Client’s contact information contained on the signature page of this Agreement.
WE HAVE READ AND UNDERSTAND THIS AGREEMENT
AND AGREE TO ITS TERMS.
CLIENT SIGNATURES:
RAPIDES PARISH SCHOOL BOARD
By: W.K. Breazeale, President
619 Sixth Street
(Street Address)
Alexandria, LA 71301
(City, State and Zip Code)
attorney signatures:
Hammonds, Sills, Adkins & Guice, LLP
By: Robert L. Hammonds, Partner
2431 South Acadian Thruway
Suite 600
Baton Rouge, LA 70808
Telephone: (225) 923-3462
Telecopier: (225) 923-0315
KEAN MILLER LLP
By: Randal R. Cangelosi, Partner
400 Convention Street, Suite 700
Post Office Box 3513 (70821-3513)
Baton Rouge, LA 70802
Telephone: (225) 387-0999
Telecopier: (225) 388-9133
BLACKWELL & ASSOCIATES
By: Brian F. Blackwell, Owner
2600 CitiPlace Drive, Suite 525
Baton Rouge, LA 70808
Telephone: (225) 769-2462
Telecopier: (225) 769-2463
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A motion was made by Mr. Steve Berry and seconded by Mr. Willard McCall to ratify and confirm bids received on Friday, March 6, 2015 at 11:00 a.m. by the Central Office Staff for RFP #15-30B: "E-Rate Cat 2" 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 4)
Let the record reflect that Dr. Stephen Chapman arrived at the meeting at this time.
Mrs. Rebekah Beck presented information to the Board and discussion ensued.
A substitute motion was made by Mr. Steve Berry and seconded by Mr. Willard McCall to enter into a Cooperative Purchasing Agreement with East Baton Rouge Parish School System for the installation of network drops including all necessary labor and materials pursuant to East Baton Rouge Parish School System RFP #15-14 Wireless Upgrade and permission to purchase E-Rate Cat 2 materials, supplies, and equipment from the Cisco Systems Contract #409349.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Berry, Mr. Crooks, Mrs. Franklin, Mr. McCall, Dr. Chapman, Mr. Barrios
NAY: None
ABSENT: Mr. Allen, Mr. Rodriguez, Mr. Breazeale
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A motion was made by Mr. Steve Berry and seconded by Dr. Stephen Chapman to ratify and confirm bid(s) received on Thursday, February 26, 2015 at 10:00 a.m. by the Central Office Staff for “Turnkey Purchase of Equipment for Various Cafeterias” (Bid #15-01) and to award to the lowest responsive and responsible bidder contingent on low bidder meeting all LA Public Bid Law and Contract Document requirements and specifications (Various schools: Hadnot-Hayes, Alma Redwine NVA, Horseshoe, Julius Patrick). (Item 5)
Discussion ensued.
A substitute motion was made by Dr. Stephen Chapman and seconded by Mr. Gerald Crooks to accept recommendation from the Administrative staff for Turnkey Purchase of Equipment for various cafeterias (Bid #15-01) and award to Alack in the amount of $42,977.00 (Various schools: Hadnot-Hayes, Alma Redwine NVA, Horseshoe, Julius Patrick).
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Berry, Mr. Crooks, Mrs. Franklin, Mr. McCall, Dr. Chapman, Mr. Barrios
NAY: None
ABSENT: Mr. Allen, Mr. Rodriguez, Mr. Breazeale
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A motion was made by Mr. Steve Berry and seconded by Mr. Willard McCall to announce the Public Meeting to Levy 2015 Tax Millages will be held on May 5, 2015 at 5:00 p.m. in the Board Room of the Rapides Parish School Board at 619 Sixth Street, Alexandria, LA 71301 and announcement of this Public Meeting will be published in the Town Talk as required by R.S.42:19.1.
(Item 6)
Discussion ensued.
On roll call the vote was as follows:
AYE: Mr. Berry, Mr. Crooks, Mrs. Franklin, Mr. McCall, Dr. Chapman, Mr. Barrios
NAY: None
ABSENT: Mr. Allen, Mr. Rodriguez, Mr. Breazeale
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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