OFFICIAL PROCEEDINGS
OF THE
RAPIDES PARISH SCHOOL BOARD
Alexandria, Louisiana
July 7, 2015
The Rapides Parish School Board of Rapides Parish, Louisiana, met in regular public session at 5:00 o’clock p.m. on Tuesday, July 7, 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
Wilton Barrios, Vice President
Steve Berry, Member
Stephen Chapman, Member
Sandra Franklin, Member
Willard McCall, Member
Darrell Rodriguez, Member
Gerald Crooks, Member
Absent: John Allen, Member
Mr. Nason Authement, Secretary for the Board, was present for the meeting.
__________________
Attorney James Downs arrived at the meeting at 5:15.
___________________
The Invocation was pronounced by Mrs. Sandra Franklin after which Mr. Gerald Crooks led in the recitation of the Pledge of Allegiance.
____________________
(COPY OF OFFICIAL CALL MAILED TO EACH MEMBER OF THE RAPIDES PARISH SCHOOL BOARD AND POSTED IN A CONSPICUOUS PLACE AT THE MEETING PLACE OF SAID BOARD ON JUNE 30, 2015)
Alexandria, Louisiana
June 30, 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, JULY 7, 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
Recognize:
a. recognize John DeChiaro, retiring Orchestra Teacher at Brame, Alexandria Senior High and Phoenix Magnet – Mr. Jeff Powell
b. the Rapides Parish Counselors Association for the bulletin board display in the lobby of the School Board Office for the months of June, July and August 2015 - Mr. Clyde Washington
c. the 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 4th quarter – Dr. Arthur Joffrion
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, 5, 6 and 7)
* 6. Motion to hear a recommendation from the Board’s Insurance Consultant at the July Board meeting on the results of renewal negotiations or quoting for Student Accident Insurance Coverage for the 2015-2016 fiscal year, act thereon by awarding and authorize the Board President to sign all documentation connected therewith – Mr. Roy Rachal
Source of funding General Fund Amount $185,000.00 (Estimate)
* 7. Motion to consider and approve job description regarding the Transportation Director with changes as recommended at Personnel Committee (6-16-15) – Mrs. Sandra Franklin, Mr. Keith Breazeale and Mr. Wilton Barrios
Pages 1-2
* 8. Motion for further discussion or action regarding Rapides Parish School Nurses salary – Dr. Stephen Chapman
Pages 3-7
9. Motion for the RPSB to call a Special meeting during the month of July 2015, to begin negotiations with Superintendent Authement as to renewing his employment contract – Mr. Steve Berry, Mr. Keith Breazeale and Dr. Stephen Chapman
10. Motion to receive a composite report for the July Board Meeting with the total cost of expenditures per school in District 62 for the last three (3) years. Board member requests this information to be emailed prior to the meeting if possible – Mrs. Sandra Franklin
11. Motion to receive a composite report for the July Board Meeting with the number of teachers retired/resigned for the last three (3) years and the cost of substitutes for the last three (3) years. Board member requests this information to be mailed prior to the
meeting if possible – Mrs. Sandra Franklin
12. Motion to review and approve revisions to elementary and secondary teacher job descriptions – Mrs. Vicki Younger
Pages 8-17
13. Motion to authorize the staff to publish notice and advertise the public hearing on the proposed budget for 2015-2016 – Ms. Liz Domite
14. Motion to ratify and confirm quote(s) received on Thursday, July 2, 2015 at 10:00 a.m. by the Central Office staff for “Arthur F. Smith Restoration” (RFQ #16-22) and to award bid to the lowest responsive and responsible contractor on low contractor meeting all LA Public Bid Law and Contract Document Requirements and Specifications – Ms. Liz Domite
Source of funding District 62 Maintenance Amount $50,000 (Estimated)
15. Motion to consider and take actionwith respect to adopting a Resolution providing for the incurring of debt and issuance of $1,990,000 of Certificates of Indebtedness, Series2015, of the ParishSchool Board of the Parish of Rapides, State of Louisiana; and providing for other matters in connection therewith – Ms. Liz Domite
Pages 18-33
16. Motion to authorize the Board Secretary and Central Office Staff to engage Pan American Engineers for project design and management, advertise for bids for “Buckeye High School Running Track Project (RPSB Bid No. 16-21) and authorize the Executive Committee and/or the Superintendent and Central Office Staff to receive bids with a recommendation to be made to the Board – Mr. Gerald Crooks
17. Motion to ratify and confirm bid(s) received on Wednesday, May 20, 2015 at 11:00 a.m. by the Central Office Staff and award to the lowest responsive and responsible bidder(s) for 2015-2016 school year and authorize staff to enter into purchase order contract(s) accordingly funded by School Food Service Funds – Mrs. Erma Davis
Pages 34-36
“Cafeteria Meat Bid” - RPSB Bid No. FS15-15-16 - Estimated Cost $419,708.00
“Cafeteria Frozen Food Bid” - RPSB No. FS20-15-16 – Estimated Cost $750,000.00
“Cafeteria Processed Foods Bid” - RPSB No. FS25-15-16 – Estimated Cost $923,785.00
18. Motion to consider a renewal of an Inter-Agency Agreement with Pelican State Credit Union in a cooperative endeavor for a “Training Branch” to be located at Peabody Magnet High School for the period of August 1, 2015 to July 31, 2016 and authorize the Board President to sign any and all documentation in connection therewith subject to changes, addenda and approval of advising counsel – Mr. Roy Rachal
Consent agenda: (Item 5)
A. Reports:
1. to receive an update on school construction projects – Mr. Clyde Washington
Pages 37-40
B. Action – Minutes
1. to approve the minutes of the 6-2-15 meeting of the Board as written and to be published in the official journal, The Town Talk and to approve the 5-19-15 Personnel, Education and Finance Committee meetings, and the 5-28-15 Discipline Review Committee meeting and the 5-26-15 Executive Committee meeting
C. Action – Education
* 1. to receive the high school Course offerings for the 2015-2016 school year – Mr. Jonathan Garrett
Pages 41-55
* 2. to receive from the Superintendent and Staff the report on the feasibility of block scheduling in high school – Mr. Wilton Barrios
Pages 56-67
* 3. to receive from the RPSB Administration an update on the current district-wide curricula including Eureka Math – Mr. Darrell Rodriguez and Dr. Stephen Chapman
* 4. to receive information and defer to the July Education Committee - the results of the pre-testing and post-testing for each period that the tests were administered for the following programs: - Mr. Willard McCall and Mr. John Allen
a. Dibels
b. Fast Forward
c. District Bench Mark Tests
d. Compass Odyssey
e. Star
The test results are for the following schools: (where applicable)
a. Alexandria Middle Magnet
b. Alma Redwine
c. Julius Patrick
d. Peabody Magnet High
* 5. to accept the 2015-2016 Discovery Education Assessment contract in the amount of $170,140.00 – Mrs. Kim Bennett
Pages 68-70 Source of funding EEF and Title II Amount $170,140.00
* 6. to approve MOU with Louisiana College for dual enrollment and authorize the Board President to sign any required documentation pending review by the Board Attorney – Mrs. Kim Bennett
Pages 71-74
* 7. to accept the 2015-2016 contracts for the renewal of Compass Learning for $148,000.00 – Compass Learning Professional Development for $9,980.00 – and Compass Learning AR/STAR integration for $18,125.00 – Mrs. Kim Bennett
Pages 75-90 Source of funding General Fund and Title II Amount $176,105.00 (Grand total)
* 8. to review and accept the revisions to the Pupil Progression Plan for 2015-2016 – Mrs. Kim Bennett
D. Action – Finance
* 1. to approve personal services contracts, leases, and other such agreements; authorize the Board President 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 91-95
* 3. to receive an update/report on grants, approve grants included therein, and authorize the Board President to sign any and all documentation in connection therewith – Mrs. Bethanie Herrick
Pages 96-98
* 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 99
* 5. to approve Interfund Loan from the General Fund to Sales Tax Fund #1 in the amount of $500,000 from June 4, 2015 until funds are sufficient to pay on August 1, 2015 – Ms. Liz Domite
Page 100
* 6. to authorize the secretary to exercise the option to renew the contract under the same terms and conditions for the Lease of 435 acres of School Board Land (original bid No. 14-50) with written mutual agreement of both RPSB and the bidder (Lloyd Price) and authorize the secretary to sign any documentation connected therewith (Renewal rental period is 10/1/15 to 9/30/16) – Ms. Liz Domite
Amount $4,397.85 (Rental payment to RPSB)
* 7. to ratify and confirm bid(s) received by the Central Office Staff and to award bid to the lowest responsive and responsible bidders contingent on low bidder meeting all LA Public Bid Law and Contract Document Requirements and Specifications – Ms. Liz Domite
a. “Requirements Bid for Educational Materials and Supplies” (Bid No. 15-28) received on Wednesday, June 3, 2015 at 11:00 a.m.
Source of funding Various Funds Amount (As needed)
b. “Purchase of Chromebooks and Related Items” (RFP No. 16-01) received on Monday, July 6, 2015 at 11:00 a.m.
Source of funding EEF & Various Amount $400,000.00
c. “Tioga High School Multipurpose Building and Additions” (Bid No. 14-59) received on Tuesday, June 30, 2015 at 2:00 p.m.
Source of funding District 11 Bond Amount $3,436,155.00
d. “Purchase of Buses” (Bid No. 16-20) received on Tuesday, June 9, 2015 at 11:00 a.m. and to purchase a total of 17 buses
Page 101 Source of funding General Fund – Certificates of Indebtedness Amount $1,123,000.00
* 8. to approve Grant Agreement with the Rapides Foundation to implement the 2015 Effective Schools Initiative in the amount of $380,000.00 over 12 months beginning July 1, 2015 and to authorize the Board President to sign any required documents – Mrs. Bethanie Herrick
Pages l02-107 Source of funding The Rapides Foundation
* 9. to approve and allow the President to sign all contracts and documentation for Pineville Jr. High to travel to Boston, Massachusetts for a field trip for 8th grade History students and funded by the parents of the students – Mr. Jeff Powell
Pages 108-121 Source of funding Parents of students attending Amount $66,750.00
* 10. to approve 2015-2016Food and Nutrition Annual Maintenance Agreement with Horizon Software (Front of House Software $18,667.24 and Back of House Software $16,689.22) effective 7/1/15 to 6/30/16 – Mrs. Erma Davis
Page 122 Source of funding Food and Nutrition Service Amount $35,356.46 – Total
* 11. to ratify and confirm bid(s) received on Wednesday, May 20, 2015 at 11:00 a.m. by the Central Office Staff to the lowest responsive/responsible bidder(s) for 2015-2016 school year and authorize staff to enter into purchase order contract(s) accordingly – Mrs. Erma Davis
Cafeteria Paper Supplies - Bid No. FS30-15-16 - $319,924.00
Cafeteria Cleaning Supplies - Bid No. FS33-15-16 - $149,896.00
Bread Products - Bid No. FS35-15-16 - $111,783.30
Milk, Milk Products, Juices and Ice Cream - Bid No. FS100-15-16 (#38, #40, #41 & #42) - $1,596,165.22
Pages 123-126 Source of funding School Food Service
* 12. to authorize the secretary to advertise for “Cafeteria Fresh Produce” for the 2015-2016 school year No. FS10-15-16 and authorize the Executive Committee and/or the Superintendent and Central Office staff to receive bids, a recommendation to be made to the Board - Mrs. Erma Davis
Source of funding School Food Service Amount $1,198,000.00 (estimated)
* 13. to enter into a revised Intergovernmental Agreement between the City of Pineville and Rapides Parish School Board specifically lifting the current restricted use of the Board’s Facilities within the boundaries of Pineville City Limits and expanding to all Board owned property and facilities and authorize the Board President to sign the documentation relative thereto – Mr. Roy Rachal
Pages 127-135
* 14. to approve promotion of Taija Murrell from Food Service Technician to Temporary Food Service Manager at Northwood High effective 8-3-15 (Temporary FNS Manager’s salary for 2015-2016 is $18,771.00) (Her previous salary as a Technician was $14,987.00) – Salary increase of $3,784.00 annual - Mrs. Erma Davis
Page 136 Source of funding Food & Nutrition Amount $18,771.00 annual
(increase of $3,784.00)
* 15. to approve Grant Agreement with The Rapides Foundation to implement the 2015-2016 Healthy Behaviors Schools Grant in the amount of $71,750.00 over 12 months beginning July 1, 2015 and to authorize the Board President to sign any required
documents – Mrs. Bethanie Herrick
Pages 137-142 Source of funding The Rapides Foundation Amount $71,750.00
* 16. to approve Change Order #1 on “Paradise Elementary School Additions and Renovations” for RPSB Bid #14-58 between the Rapides Parish School Board and Skip Converse, Inc. increasing the contract sum of $546,000.00 by $23,595.00 and thereby increasing the total contract amount to $569,595.00 and authorize the Board President to sign any documentation in connection therewith – Mr. Wilton Barrios and Mr. Roy Rachal
Pages 143-146 Source of funding Paradise Elementary School Maintenance Fund Amount $23,595.00
* 17. to authorize the secretary to advertise for proposals for “Literacy Intervention Software with Training” RFP #16-12 and authorize the Executive Committee and/or the Superintendent and Central Office Staff to receive proposals and a recommendation to be made to the Board - Ms. Liz Domite
Source of funding Title I, Title II Amount $600,000.00
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 Professional Services Contracts and to authorize the Board President to sign any and all documentation therewith: - Mrs. Shelly Close
a. ABA Consultants ($75 per hour/up to 40 hours per week plus mileage)
b. Recreational Therapist ($30 per hour/up to 30 hours per week plus mileage)
c. Literacy Interventionist ($25 per hour/up to 16 hours per week plus mileage)
Pages 147-158 Source of funding IDEA Amount $175,000.00
* 4. to approve Professional Services Contracts and to authorize the Board President to sign any and all documentation therewith: - Mrs. Shelly Close
a. Speech Therapist ($50 per hour/21 hours per week plus mileage)
b. Occupational Therapist ($50 per hour/30 hours per week plus mileage)
c. Talented – Music ($30 per hour/up to 30 hours per week plus mileage)
d. Talented – Drama and Music ($30 per hour/up to 30 hours per week plus mileage)
Pages 159-174 Source of funding General Fund Amount $166,000.00
* 5. to approve changes in ELL and Migrant Program due to change in funding and to approve job descriptions that support these changes – Mr. Bill Higgins
Pages 175-181 Source of funding Migrant Grant, Title I and Title III Amount $100,000.00 (No cost to general fund)
* 6. to review revised job description for the Behavior Strategist position – Mrs. Vicki Younger
Pages 182-185
* 7. to review job description for the Special Education Teacher (Gifted/Talented) – School Based or Itinerant Position - Mrs. Vicki Younger
Pages 186-192
* 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 30th day of June 2015
/s/W. K. Breazeale
President
ATTEST:
/s/Nason Authement
Secretary
S E A L
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. Darrell Rodriguez to add to the agenda to recognize New Principals and Supervisors - Reason to add: Time Sensitive. (Item 4-d)
Discussion ensued.
On roll call the vote to add was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez to add to the agenda to ratify and confirm bid(s) received on Thursday, July 2, at 2:00 p.m. by the Central Office Staff for “Sanitary Maintenance Paper Supplies” (Bid #15-13B) and to award bid to the lowest responsible and responsive bidder(s) contingent on low bidder(s) meeting all LA Public Bid Law and Contract Document Requirements and Specifications – Reason to add: Time sensitive to start school. (Item 19)
Discussion ensued.
On roll call the vote to add was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez to add to the agenda to approve Change Order #1 on “Mary Goff Elementary School Renovations” for RPSB (Bid #14-55) between the RPSB and Skip Converse, Inc. increasing the contract sum by $35,966.91 and thereby increasing the total contract amount to $966,966.91 and authorize the Board President to sign any documentation in connection therewith – Reason to Add: Time sensitive for opening of school. (Item 20)
Discussion ensued.
On roll call the vote to add was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez to add to the agenda to enter into a utilities “Right-of-Way” agreement with CLECO Power LLC for entry onto the “Tioga Elementary Campus” for placing, rerouting, construction, repairing, maintaining, etc., electric distribution line or system in accordance with statute and authorize the Board President to sign any and all documentation in connection therewith contingent upon advising counsel’s legal review and approval – Reason to add: Time Sensitive. (Item 21)
Discussion ensued.
On roll call the vote to add was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez to add to the agenda to approve the Lafayette Parish School Board’s request to participate in a cooperative purchasing agreement with the Rapides Parish School Board for the purchase of school buses (RPSB Bid #16-20). (Item 22)
Discussion ensued.
On roll call the vote to add was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
The Board recognized John DeChiaro – retiring Orchestra Teacher at Brame, Alexandria Senior at this time. (Item 4a)
____________________
The Board recognized the Rapides Parish Counselors Association for the bulletin board display in the lobby of the School Board Office for the months of June, July and August 2015. (Item 4b)
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Mrs. Kim Bennett recognized the 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. (Item 4-c)
Congratulations to the following schools who had the highest attendance rates in their respective categories:
Category |
School |
Teacher Attendance Rate |
K – 12 Schools |
Northwood High School |
93.57% |
High Schools |
Rapides Alternative Positive Program |
96.80% |
Junior High Schools |
Tioga Junior High School |
94.68% |
Large Elementary Schools |
Mabel Brasher |
96.97% |
Small Elementary Schools |
Acadian Elementary School |
96.28% |
____________________
Superintendent Nason Authement recognized New Principals and Supervisors at this time. (Item 4d)
Principal – Buckeye High |
Dewayne Vines |
Principal – Hadnot Hayes |
Shannon Carmouche |
JPE – Principal |
Cari Ann Nicholson |
Alma Redwine – Principal |
Wanda Swafford |
Tioga Jr – Principal |
Becky Pippen |
CTE Supervisor |
LaRunda Hobbs Pierce |
Tioga Elem – Principal |
Crystal Furniss |
Principal – Bolton |
Clovis Christman |
____________________
A motion was made by Mr. Steve Berry and seconded by Dr. Stephen Chapman to hear a recommendation from the Board’s Insurance Consultant at the July Board meeting on the results of renewal negotiations or quoting for Student Accident Insurance Coverage for the 2015-2016 fiscal year, act thereon by awarding and authorize the Board President to sign all documentation connected therewith. (Item 6)
Mrs. Carmel Breaux presented information to the Board and discussion ensued.
A substitute motion was made by Dr. Stephen Chapman and seconded by Mr. Steve Berry that the RPSB accepts the recommendation of the Insurance Consultant regarding Student Accident Insurance for the 2015–2016 school year and award to Bobby Horn, Regions Insurance – Liberty Mutual – Column #6 for the total amount of $187,936 and authorize the Board President to sign all documentation connected therewith.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen ____________________
A motion was made by Mr. Gerald Crooks and seconded by Mr. Steve Berry to approve the consent agenda. (Item 5)
Discussion ensued and Items 5C-3, 5C-5, 5C-8 and 5F-5 were pulled for the regular agenda.
On roll call the vote was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
Consent agenda: (Item 5)
A. Reports:
1. to receive an update on school construction projects – Mr. Clyde Washington
Pages 37-40
B. Action – Minutes
1. to approve the minutes of the 6-2-15 meeting of the Board as written and to be published in the official journal, The Town Talk and to approve the 5-19-15 Personnel, Education and Finance Committee meetings, and the 5-28-15 Discipline Review Committee meeting and the 5-26-15 Executive Committee meeting
C. Action – Education
* 1. to receive the high school Course offerings for the 2015-2016 school year – Mr. Jonathan Garrett
Pages 41-55
* 2. to receive from the Superintendent and Staff the report on the feasibility of block scheduling in high school – Mr. Wilton Barrios
Pages 56-67
* 3. pulled for regular agenda.
* 4. to receive information and defer to the July Education Committee - the results of the pre-testing and post-testing for each period that the tests were administered for the following programs: - Mr. Willard McCall and Mr. John Allen
a. Dibels
b. Fast Forward
c. District Bench Mark Tests
d. Compass Odyssey
f. Star
The test results are for the following schools: (where applicable)
e. Alexandria Middle Magnet
f. Alma Redwine
g. Julius Patrick
h. Peabody Magnet High
* 5. pulled for the regular agenda.
* 6. to approve MOU with Louisiana College for dual enrollment and authorize the Board President to sign any required documentation pending review by the Board Attorney– Mrs. Kim Bennett
Pages 71-74
* 7. to accept the 2015-2016 contracts for the renewal of Compass Learning for $148,000.00 – Compass Learning Professional Development for $9,980.00 – and Compass Learning AR/STAR integration for $18,125.00 – Mrs. Kim Bennett
Pages 75-90 Source of funding General Fund and Title II Amount $176,105.00 (Grand total)
* 8. pulled for the regular agenda.
D. Action – Finance
* 1. to approve personal services contracts, leases, and other such agreements; authorize the Board President 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 91-95
* 3. to receive an update/report on grants, approve grants included therein, and authorize the Board President to sign any and all documentation in connection therewith – Mrs. Bethanie Herrick
Pages 96-98
* 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 99
* 5. to approve Interfund Loan from the General Fund to Sales Tax Fund #1 in the amount of $500,000 from June 4, 2015 until funds are sufficient to pay on August 1, 2015 – Ms. Liz Domite
Page 100
* 6. to authorize the secretary to exercise the option to renew the contract under the same terms and conditions for the Lease of 435 acres of School Board Land (original bid No. 14-50) with written mutual agreement of both RPSB and the bidder (Lloyd Price) and authorize the secretary to sign any documentation connected therewith (Renewal rental period is 10/1/15 to 9/30/16) – Ms. Liz Domite
Amount $4,397.85 (Rental payment to RPSB)
* 7. to ratify and confirm bid(s) received by the Central Office Staff and to award bid to the lowest responsive and responsible bidders contingent on low bidder meeting all LA Public Bid Law and Contract Document Requirements and
Specifications – Ms. Liz Domite
a. “Requirements Bid for Educational Materials and Supplies” (Bid No. 15-28) received on Wednesday, June 3, 2015 at 11:00 a.m. and award to Lakeshore Learning, School Aids, School Specialty and Unity (order as needed)
Source of funding Various Funds Amount (As needed)
b. “Purchase of Chromebooks and Related Items” (RFP No. 16-01) received on Monday, July 6, 2015 at 11:00 a.m. and award to approve Toshiba State Contract and award to The Broadleaf Group for (Management) and to Howard Technology Solution for (Cart)
Source of funding EEF & Various Amount $400,000.00
c. “Tioga High School Multipurpose Building and Additions” (Bid No. 14-59) received on Tuesday, June 30, 2015 at 2:00 p.m. and award to award to M. D. Descant, LLC for the amount of $3,293,000.00
Source of funding District 11 Bond Amount $3,436,155.00
d. “Purchase of Buses” (Bid No. 16-20) received on Tuesday, June 9, 2015 at 11:00 a.m. and to purchase a total of 17 buses and award to Ross Bus and Equipment Sales for the amount of $1,123,000.00
Page 101 Source of funding General Fund – Certificates of Indebtedness Amount $1,123,000.00
* 8. to approve Grant Agreement with the Rapides Foundation to implement the 2015 Effective Schools Initiative in the amount of $380,000.00 over 12 months beginning July 1, 2015 and to authorize the Board President to sign any required documents – Mrs. Bethanie Herrick
Pages l02-107 Source of funding
* 9. to approve and allow the President to sign all contracts and documentation for Pineville Jr. High to travel to Boston, Massachusetts for a field trip for 8th grade History students and funded by the parents of the students – Mr. Jeff Powell
Pages 108-121 Source of funding Parents of students attending Amount $66,750.00
* 10. to approve 2015-2016 Food and Nutrition Annual Maintenance Agreement with Horizon Software (Front of House Software $18,667.24 and Back of House Software $16,689.22) effective 7/1/15 to 6/30/16 – Mrs. Erma Davis
Page 122 Source of funding Food and Nutrition Service Amount $35,356.46 – Total
* 11. to ratify and confirm bid(s) received on Wednesday, May 20, 2015 at 11:00 a.m. by the Central Office Staff to the lowest responsive/responsible bidder(s) for 2015-2016 school year and authorize staff to enter into purchase order contract(s) accordingly – Mrs. Erma Davis
Cafeteria Paper Supplies - Bid No. FS30-15-16 and award to BCP Janitorial Supplies for $419,672.00 and to Long’s Preferred Products for $97,343.00
Cafeteria Cleaning Supplies - Bid No. FS33-15-16 - and award to Auto-Chlor Services for $10,062.50 and to BCP Janitorial Supplies for $927,123.50 and award to Long’s Preferred Products for $48,724.00
Bread Products - Bid No. FS35-15-16 - and award to Flowers Baking Co. for $1,102,052.00
Milk, Milk Products, Juices and Ice Cream - Bid No. FS100-15-16
(#38 – Milk Products and award to Mid-State for $10,425.00)
(#40 – Milk and award to Mid-State Marketing for $331,570.00)
(#41 – Juices and award to Mid-State Marketing for $2,343,555.00)
(#42 – Ice-Cream and award to Mid-State Marketing for $322,641.00)
* 12. to authorize the secretary to advertise for “Cafeteria Fresh Produce” for the 2015-2016 school year No. FS10-15-16 and authorize the Executive Committee and/or the Superintendent and Central Office staff to receive bids, a recommendation to be made to the Board - Mrs. Erma Davis
Source of funding School Food Service Amount $1,198,000.00 (estimated)
* 13. to enter into a revised Intergovernmental Agreement between the City of Pineville and Rapides Parish School Board specifically lifting the current restricted use of the Board’s Facilities within the boundaries of Pineville City Limits and expanding to all Board owned property and facilities and authorize the Board President to sign the documentation relative thereto – Mr. Roy Rachal
Pages 127-135
* 14. to approve promotion of Taija Murrell from Food Service Technician to Temporary Food Service Manager at Northwood High effective 8-3-15 (Temporary FNS Manager’s salary for 2015-2016 is $18,771.00) (Her previous salary as a Technician was $14,987.00) – Salary increase of $3,784.00 annual - Mrs. Erma Davis
Page 136 Source of funding Food & Nutrition Amount $18,771.00 annual
(increase of $3,784.00)
* 15. to approve Grant Agreement with The Rapides Foundation to implement the 2015-2016 Healthy Behaviors Schools Grant in the amount of $71,750.00 over 12 months beginning July 1, 2015 and to authorize the Board President to sign any required documents – Mrs. Bethanie Herrick
Pages 137-142 Source of funding The Rapides Foundation Amount $71,750.00
* 16. to approve Change Order #1 on “Paradise Elementary School Additions and Renovations” for RPSB Bid #14-58 between the Rapides Parish School Board and Skip Converse, Inc. increasing the contract sum of $546,000.00 by $23,595.00 and thereby increasing the total contract amount to $569,595.00 and authorize the Board President to sign any documentation in connection therewith – Mr. Wilton Barrios and Mr. Roy Rachal
Pages 143-146 Source of funding Paradise Elementary School Maintenance Fund Amount $23,595.00
* 17. to authorize the secretary to advertise for proposals for “Literacy Intervention Software with Training” RFP #16-12 and authorize the Executive Committee and/or the Superintendent and Central Office Staff to receive proposals and a recommendation to be made to the Board - Ms. Liz Domite
Source of funding Title I, Title II Amount $600,000.00
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
Ø Motion that Chance McBrayer be readmitted to the zoned school effective August 10, 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.
Ø Motion that in lieu of expulsion Dezmon Eddie be admitted to the Rapides Alternative Positive Program for students at (RAPPS) for the duration of the assigned time and thereafter be readmitted to the zoned school 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. 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 Professional Services Contracts and to authorize the Board President to sign any and all documentation therewith: - Mrs. Shelly Close
d. ABA Consultants ($75 per hour/up to 40 hours per week plus mileage)
e. Recreational Therapist ($30 per hour/up to 30 hours per week plus mileage)
f. Literacy Interventionist ($25 per hour/up to 16 hours per week plus mileage)
Pages 147-158 Source of funding IDEA Amount $175,000.00
* 4. to approve Professional Services Contracts and to authorize the Board President to sign any and all documentation therewith: - Mrs. Shelly Close
e. Speech Therapist ($50 per hour/21 hours per week plus mileage)
f. Occupational Therapist ($50 per hour/30 hours per week plus mileage)
g. Talented – Music ($30 per hour/up to 30 hours per week plus mileage)
h. Talented – Drama and Music ($30 per hour/up to 30 hours per week plus mileage)
Pages 159-174 Source of funding General Fund Amount $166,000.00
* 5. pulled for the regular agenda.
* 6. to review revised job description for the Behavior Strategist position – Mrs. Vicki Younger
Pages 182-185
* 7. to review job description for the Special Education Teacher (Gifted/Talented) – School Based or Itinerant Position - Mrs. Vicki Younger
Pages 186-192
* Denotes that these items have been through committee
____________________
A motion was made by Dr. Stephen Chapman and seconded by Mr. Darrell Rodriguez to receive from the RPSB Administration an update on the current district-wide curricula including Eureka Math. (Item 5C-3)
Discussion ensued.
A substitute motion was made by Dr. Stephen Chapman and seconded by Mr. Steve Berry for the RPSB to accept the update from the RPSB Administration on the current district-wide curricula and for the RPSB to approve the recommendation of the Superintendent to continue with the current district-wide curricula including Eureka Math and to allow classroom teachers the flexibility to use supplementary educational material for the 2015-2016 school year.
Discussion ensued and comments were made by the public.
On roll call the vote on the substitute motion was as follows:
AYE: Dr. Chapman, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: Mr. Crooks, Mr. McCall, Mr. Rodriguez, Mrs. Franklin
ABSENT: Mr. Allen
THE MOTION FAILED DUE TO A TIE VOTE.
The original motion was made by Dr. Stephen Chapman and seconded by Mr. Darrell Rodriguez to receive from the RPSB Administration an update on the current district-wide curricula including Eureka Math.
Discussion ensued.
On roll call the vote on the original motion was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: Mr. Rodriguez, Mrs. Franklin
ABSENT: Mr. Allen
THE ORIGINAL MOTION WAS ADOPTED BY MAJORITY VOTE.
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Willard McCall to accept the 2015-2016 Discovery Education Assessment contract in the amount of $170,140.00. (Item 5C-5)
Mrs. Kim Bennett presented information to the Board and requested that the amount be changed to $129,100 and discussion ensued.
A substitute motion was made by Mr. Steve Berry and seconded by Mr. Willard McCall to accept the 2015-2016 Discovery Education Assessment contract in the amount of $129,100.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
A motion was made by Dr. Stephen Chapman and seconded by Mr. Darrell Rodriguez to review and accept the revisions to the Pupil Progression Plan for 2015-2016. (Item 5C-8)
Mrs. Kim Bennett presented information to the Board and requested that changes be accepted.
Mr. Wilton Barrios requested that an additional change be made on page 30 and change the verbiage from winter break to Christmas break.
Discussion ensued.
A substitute motion was made by Mr. Keith Breazeale and seconded by Mr. Gerald Crooks to accept the revisions to the Pupil Progression Plan for 2015-2016 and to change on Page 30 the verbiage (winter break to Christmas break).
Discussion ensued.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
A motion was made by Mr. Darrell Rodriguez and seconded by Mr. Steve Berry to approve changes in ELL and Migrant Program due to change in funding and to approve job descriptions that support these changes. (Item 5F-5)
Mr. Bill Higgins presented information and discussion ensued.
A substitute motion was made by Dr. Stephen Chapman and seconded by Mr. Steve Berry to defer this motion to the July Personnel Committee.
Discussion ensued.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mr. Berry
NAY: Mrs. Franklin, Mr. Barrios, Mr. Breazeale
ABSENT: Mr. Allen
THE SUBSTITUTE MOTION WAS ADOPTED BY MAJORITY VOTE.
____________________
A motion was made by Mr. Steve Berry and seconded Mr. Darrell Rodriguez to approve Change Order #1 on “Mary Goff Elementary School Renovations” for RPSB (Bid #14-55) between the RPSB and Skip Converse, Inc. increasing the contract sum by $35,966.91 and thereby increasing the total contract amount to $966,966.91 and authorize the Board President to sign any documentation in connection therewith. (Item 20)
Mr. Jay Lynch presented information and discussion ensued.
On roll call the vote was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Willard McCall to enter into a utilities “Right-of-Way” agreement with CLECO Power LLC for entry onto the “Tioga Elementary Campus” for placing, rerouting, construction, repairing, maintaining, etc., electric distribution line or system in accordance with statute and authorize the Board President to sign any and all documentation in connection therewith contingent upon advising counsel’s legal review and approval. (Item 21)
Discussion ensued and Attorney James Downs advised the Board to add some additional verbiage.
A substitute motion was made by Mr. Steve Berry and seconded by Mr. Willard McCall to enter into a utilities “Right-of-Way” agreement with CLECO Power LLC for entry onto the “Tioga Elementary Campus” for placing, rerouting, construction, repairing, maintaining, etc., electric distribution line or system in accordance with statute and authorize the Board President to sign any and all documentation in connection therewith contingent upon advising counsel’s legal review and approval and to add the verbiage (Existing lines abandoned or changed to new servitude will void current servitude). (Item 21)
Discussion ensued.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
President Breazeale called for a short recess and then the meeting reconvened.
____________________
A motion was made Dr. Stephen Chapman and seconded by Mrs. Sandra Franklin to approve job description regarding the Transportation Director with changes as recommended at Personnel Committee. (Item 7)
Discussion ensued.
A substitute motion was made by Dr. Stephen Chapman and seconded by Mr. Darrell Rodriguez to keep the job description regarding the Transportation Director as it is currently.
Discussion ensued.
Dr. Stephen Chapman withdrew his motion.
The original motion was made by Dr. Stephen Chapman and seconded by Mrs. Sandra Franklin to approve job description regarding the Transportation Director with changes as recommended at Personnel Committee meeting.
On roll call the vote on the original motion was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: Mr. Rodriguez
ABSENT: Mr. Allen
THE ORIGINAL MOTION WAS ADOPTED BY MAJORITY VOTE.
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez for further discussion or action regarding Rapides Parish School Nurses salary. (Item 8)
Discussion ensued.
A substitute motion was made by Mr. Wilton Barrios and seconded by Mr. Darrell Rodriguez to move the nurse’s salary to the RPSB teacher’s salary effective 2015-2016 school year.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mr. Barrios, Mr. Breazeale
NAY: Mrs. Franklin, Mr. Berry
ABSENT: Mr. Allen
THE SUBSTITUTE MOTION WAS ADOPTED BY MAJORITY VOTE.
____________________
A motion was made by Mr. Darrell Rodriguez and seconded by Mr. Willard McCall for the RPSB to call a Special meeting during the month of July 2015, to begin negotiations with Superintendent Authement as to renewing his employment contract. (Item 9)
Discussion ensued.
A substitute motion was made by Dr. Stephen Chapman and seconded by Mr. Keith Breazeale for the RPSB to call a Special Board meeting prior to the beginning of the school term of 2015-2016.
Discussion ensued.
On the substitute motion by Dr. Stephen Chapman and seconded by Mr. Keith Breazeale, the Board voted unanimously for the RPSB to call a Special Board meeting prior to the beginning of the school term of 2015-2016.
____________________
A motion was made by Mrs. Sandra Franklin and seconded by Mr. Willard McCall to receive a composite report for the July Board Meeting with the total cost of expenditures per school in District 62 for the last three (3) years. Board member requests this information to be emailed prior to the meeting if possible. (Item 10)
Discussion ensued.
On motion by Mrs. Sandra Franklin and seconded by Mr. Willard McCall, the Board voted unanimously to receive a composite report for the July Board Meeting with the total cost of expenditures per school in District 62 for the last three (3) years. Board member requests this information to be emailed prior to the meeting if possible.
____________________
A motion was made by Dr. Stephen Chapman and seconded by Mrs. Sandra Franklin to receive a composite report for the July Board Meeting with the number of teachers retired/resigned for the last three (3) years and the cost of substitutes for the last three (3) years. Board member requests this information to be mailed prior to the meeting if possible. (Item 11)
Discussion ensued.
On motion by Dr. Stephen Chapman and seconded by Mrs. Sandra Franklin, the Board voted unanimously to receive a composite report for the July Board Meeting with the number of teachers retired/resigned for the last three (3) years and the cost of substitutes for the last three (3) years. Board member requests this information to be mailed prior to the meeting if possible.
____________________
A motion was made by Mr. Steve Berry and seconded by Dr. Stephen Chapman to approve revisions to elementary and secondary teacher job descriptions. (Item 12)
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Dr. Stephen Chapman, the Board voted unanimously to approve revisions to elementary and secondary teacher job descriptions.
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez to authorize the staff to publish notice and advertise the public hearing on the proposed budget for 2015-2016. (Item 13)
Ms. Liz Domite presented information to the Board and discussion ensued.
On motion by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez, the Board voted unanimously to authorize the staff to publish notice and advertise the public hearing on the proposed budget for 2015-2016.
____________________
Let the record reflect that Mr. Darrell Rodriguez left the meeting at this time.
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Gerald Crooks to ratify and confirm quote(s) received on Thursday, July 2, 2015 at 10:00 a.m. by the Central Office staff for “Arthur F. Smith Restoration” (RFQ #16-22) and to award bid to the lowest responsive and responsible contractor on low contractor meeting all LA Public Bid Law and Contract Document Requirements and Specifications. (Item 14)
Discussion ensued.
A substitute motion was made by Mr. Willard McCall and seconded by Mr. Keith Breazeale to ratify and confirm quote(s) received on Thursday, July 2, 2015 at 10:00 a.m. by the Central Office staff for “Arthur F. Smith Restoration” (RFQ #16-22) and to award bid to the lowest responsive and responsible contractor on low contractor meeting all LA Public Bid Law and Contract Document Requirements and Specifications and award to John B. Hammond, GC for $10,249.00.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen, Mr. Rodriguez
____________________
Let the record reflect that Mr. Darrell Rodriguez returned to the meeting at this time.
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Keith Breazeale to adopt a Resolution providingfor the incurring of debtand issuance of $1,990,000 of Certificates of Indebtedness, Series2015, of theParish School Board of the Parish of Rapides, State of Louisiana; and providing for other matters in connection therewith. (Item 15)
Ms. Liz Domite presented information to the Board and discussion ensued.
On roll call the vote was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
Resolution
A resolution providing for the incurring of debt and issuance of One Million Nine Hundred Ninety Thousand Dollars ($1,990,000) of Certificates of Indebtedness, Series 2015, of the Parish School Board of the Parish of Rapides, State of Louisiana; prescribing the form, terms and conditions of said Certificates; designating the date, denomination and place of payment thereof in principal and interest; authorizing the agreement with the Paying Agent; and providing for other matters in connection therewith.
WHEREAS, pursuant to and in accordance with Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, the Issuer desires to incur debt and issue One Million Nine Hundred Ninety Thousand Dollars ($1,990,000) of its Certificates of Indebtedness, Series 2015, in the manner authorized and provided by the aforesaid Sections of the Louisiana Revised Statutes of 1950, as hereinafter provided, for the purpose of (i) refunding and extending a portion of the Issuer's outstanding Certificates of Indebtedness, Series 2004 (consisting of the interest bearing certificates of said issue) (the “Refunded Certificates”) and (ii) purchasing school buses and equipment and paying the costs incurred in connection with the issuance of the Certificates; and
WHEREAS, the Issuer is not now a party to any contract pledging or dedicating its excess annual revenues above statutory, necessary and usual charges, except with respect to the Outstanding Parity Certificates (hereinafter defined); and
WHEREAS, the Issuer has heretofore issued its outstanding (i) unrefunded Certificates of Indebtedness, Series 2004; (ii) and Certificates of Indebtedness, Series 2006; (iii) Certificates of Indebtedness, Series 2011 ; (iv) and Certificates of Indebtedness, Series 2013 (collectively, the “Outstanding Parity Certificates”), all of which are payable from the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Outstanding Parity Certificates are outstanding; and
WHEREAS, it is the intention of the Issuer that the Certificates authorized herein be secured by and payable from the excess of annual revenues of the Issuer on a parity with the Outstanding Parity Certificates; and
WHEREAS, it is the desire of the Governing Authority (hereinafter defined) to fix the details necessary with respect to the issuance of the Certificates and to provide for the authorization and issuance thereof; and
WHEREAS, it is the further desire of the Issuer to confirm the sale of the Certificates to the Purchaser (hereinafter defined);
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of the Parish of Rapides, State of Louisiana, acting as the governing authority (the “Governing Authority”) of the Parish of Rapides, State of Louisiana, for school purposes, that:
SECTION 1. Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
“Act”means Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other applicable constitutional and statutory authority.
“Agreement”means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.
“Certificates”means the Issuer's Certificates of Indebtedness, Series 2015, authorized by this Resolution in the total aggregate principal amount of $1,990,000.
“Certificate Register” means the records kept by the Paying Agent at its principal corporate trust office in which registration of the Certificates and transfers of the Certificates shall be made as provided herein.
“Code”means the Internal Revenue Code of 1986, as amended.
“Executive Officers” means, collectively, the President and the Secretary of the Issuer.
“Fiscal Year” means the one‑year accounting period commencing on July 1 of each year, or such other one-year period as may be designated by the Governing Authority as the fiscal year of the Issuer.
“Governing Authority” means the Parish School Board of the Parish of Rapides, State of Louisiana.
“Government Securities” means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which are non-callable prior to their maturity, may be United States Treasury obligations such as the State and Local Government Series and may be in book-entry form.
“ Interest Payment Date” means May 1 and November 1 of each year during which the Certificates are outstanding, commencing November 1, 2015.
“Issuer” means the Parish School Board of the Parish of Rapides, State of Louisiana.
“Outstanding”when used with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Resolution, except:
1. Any Certificate theretofore cancelled by the Paying Agent or delivered to the Paying Agent for cancellation;
2. Any Certificate for which payment or redemption sufficient funds have been theretofore deposited in trust for the owners of such Certificate with the effect specified in this Resolution or by law, provided that if such Certificate is to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived;
3. Any Certificate in exchange for or in lieu of which another Certificate has been registered and delivered pursuant to this Resolution;
4. Any Certificate alleged to have been mutilated, destroyed, lost or stolen which may have been paid as provided in this Resolution or by law; and
5. Any Certificate for the payment of the principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in this Resolution.
“Outstanding Parity Certificates” means, collectively, the Issuer's (i) unrefunded Certificates of Indebtedness, Series 2004; (ii) and Certificates of Indebtedness, Series 2006; (iii) Certificates of Indebtedness, Series 2011; (iv) and Certificates of Indebtedness, Series 2013.
“Owner”when used with respect to any Certificate means the Person in whose name such Certificate is registered in the Certificate Register.
“Paying Agent” means Whitney Bank, in New Orleans, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution and thereafter "Paying Agent" shall mean such successor Paying Agent.
“Person” means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
“Purchaser”means Capital One Public Funding, LLC, in Melville, New York, the original purchaser of the certificates.
“Record Date” for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date.
"Refunded Certificates" shall mean the Issuer's outstanding Certificates of Indebtedness, Series 2004 (consisting of the interest bearing certificates of said issue).
“Resolution”means this Resolution authorizing the issuance of the Certificates, as it may be supplemented and amended.
SECTION 2. Authorization of Certificates; Maturities. In compliance with the terms and provisions of the Act, and other constitutional and statutory authority, and subject to the approval of the State Bond Commission, there is hereby authorized the incurring of an indebtedness of $1,990,000 for, on behalf of, and in the name of the Issuer, for the purpose of (i) refunding and extending a portion of the Issuer’s outstanding Certificates of Indebtedness, Series 2004 (consisting of the interest bearing certificates of said issue) (the “Refunded Certificates”) and (ii) purchasing school buses and equipment and paying the costs incurred in connection with the issuance of the Certificates, and to represent said indebtedness, this Governing Authority does hereby authorize the issuance of One Million Nine Hundred Ninety Thousand Dollars ($1,990,000) of Certificates of Indebtedness, Series 2015, of the Issuer. The Certificates shall be in fully registered form, shall be dated the date of delivery thereof, shall be issued in a single denomination corresponding to the principal amount of $1,990,000, and shall be numbered R-1. The Certificates shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on each Interest Payment Date, commencing November 1, 2015, at the interest rate of 2.15% , and shall mature on May 1, 2026.
The principal of the Certificates, upon maturity or redemption, shall be payable at the principal office of the Paying Agent, upon presentation and surrender thereof, and interest on the Certificates shall be payable by check of the Paying Agent mailed by the Paying Agent to the Owner (determined as of the close of business on the Record Date) at the address shown on the Certificate Register. Each Certificate delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate, and each such Certificate shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.
No Certificate shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Certificate a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
The Certificates are hereby issued on a parity with the Outstanding Parity Certificates, and the Certificates shall rank equally with and enjoy complete parity of lien with the Outstanding Parity Certificates on the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Certificates and the Outstanding Parity Certificates are outstanding. It is certified that the Issuer has complied with, or will comply with prior to the issuance of the Certificates, all the terms and conditions for the issuance of pari passu certificates of indebtedness set forth in the resolution authorizing the issuance of the Outstanding Parity Certificates.
SECTION 3. Redemption Provisions. Except as set forth in this section, the Bonds are not callable for redemption prior to their stated maturity date.
The Bonds are subject to mandatory redemption at par plus accrued interest to the redemption date as follows:
Year Principal
(May 1) Amount
2016 $90,000
2017 90,000
2018 90,000
2019 90,000
2020 90,000
2021 85,000
2022 285,000
2023 285,000
2024 285,000
2025 295,000
2026* 305,000
*Final Maturity
SECTION 4. Registration and Transfer. The Issuer shall cause the Certificate Register to be kept by the Paying Agent. The Certificates may be transferred, registered and assigned only on the Certificate Register, and such registration shall be at the expense of the Issuer. A Certificate may be assigned by the execution of an assignment form on the Certificate or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Certificate or Certificates will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for such transferred and assigned Certificates after receipt of the Certificates to be transferred in proper form. Such new Certificate or Certificates shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Certificate during a period beginning at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date.
SECTION 5. Form of Certificates. The Certificates and the endorsements to appear thereon shall be in substantially the following forms, respectively, to-wit:
[FORM OF CERTIFICATE]
No. R-1 Principal Amount $1,990,000
United States of America
State of Louisiana
Parish of Rapides
Certificate of Indebtedness, Series 2015
Parish School Board of the Parish of Rapides, State of Louisiana
Certificate Maturity Interest
Date Date Rate
_________, 2015 May 1, 2026 2.15%
The Parish School Board of the Parish of Rapides, State of Louisiana (the “Issuer”), promises to pay, but solely from the source and as hereafter provided, to:
Capital One Public Funding, LLC
or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Certificate Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, payable on May 1 and November 1 of each year, commencing November 1, 2015 (each an “Interest Payment Date”), at the Interest Rate per annum set forth above until said Principal Amount is paid. The principal of this Certificate, upon maturity, is payable in lawful money of the United States of America at the principal office of Whitney Bank, New Orleans, Louisiana, or successor thereto (the “Paying Agent”), upon presentation and surrender hereof. Interest on this Certificate is payable by check mailed by the Paying Agent to the registered owner (determined as of the close of business on the 15th calendar day of the month next preceding each Interest Payment Date) at the address as shown on the registration books of the Paying Agent.
This Certificate is one of an authorized issue aggregating in principal the sum of One Million Nine Hundred Ninety Thousand Dollars ($1,990,000) (the “Certificates”) all of like tenor and effect except as to number, denomination, interest rate, and maturity, said Certificates having been issued by the Issuer pursuant to a resolution adopted by its governing authority on July 7, 2015 (the “Resolution”), for the purpose of (i) refunding and extending a portion of the Issuer’s outstanding Certificates of Indebtedness, Series 2004 (consisting of the interest bearing certificates of said issue) (the “Refunded Certificates”) and (ii) purchasing school buses and equipment and paying the costs incurred in connection with the issuance of the Certificates, under the authority conferred by Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.
Except as set forth below, the Bonds are not callable for redemption prior to their stated maturity date.
The Bonds are subject to mandatory redemption at par plus accrued interest to the redemption date as follows:
Year Principal
(May 1) Amount
2016 $90,000
2017 90,000
2018 90,000
2019 90,000
2020 90,000
2021 85,000
2022 285,000
2023 285,000
2024 285,000
2025 295,000
2026* 305,000
*Final Maturity
The Issuer shall cause to be kept at the principal office of the Paying Agent a register (the “Certificate Register”) in which registration of the Certificates and of transfers of the Certificates shall be made as provided in the Resolution. This Certificate may be transferred, registered and assigned only on the Certificate Register, and such registration shall be at the expense of the Issuer. This Certificate may be assigned by the execution of the assignment form hereon or by other instrument of transfer and assignment acceptable to the Paying Agent. A new Certificate or Certificates will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for this transferred and assigned Certificate after receipt of this Certificate to be transferred in proper form. Such new Certificate or Certificates shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Certificate during a period beginning at the opening of business on the 15th calendar day of the month next preceding an Interest Payment Date and ending at the close of business on the Interest Payment Date.
This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.
This Certificate and the issue of which it forms a part are issued on a parity with the Issuer’s outstanding (i) unrefunded Certificates of Indebtedness, Series 2004; (ii) and Certificates of Indebtedness, Series 2006; (iii) Certificates of Indebtedness, Series 2011 ; (iv) and Certificates of Indebtedness, Series 2013 (collectively, the “Outstanding Parity Certificates”). It is certified that the Issuer, in issuing this Certificate and the issue of which it forms a part, has complied with all the terms and conditions set forth in the resolution authorizing the issuance of the Outstanding Parity Certificates.
This Certificate and the issue of which it forms a part, equally with the Outstanding Parity Certificates, is secured by and payable as to principal and interest solely from a pledge and dedication of the excess of annual revenues of the Issuer above statutory, necessary and usual charges during which the Certificates and the Outstanding Parity Certificates are outstanding. The Issuer has covenanted and agreed to budget annually a sufficient sum of money to pay the Outstanding Parity Certificates and the Certificates, and the interest thereon, if any, as they respectively mature, including any principal and/or interest theretofore matured and then unpaid, and to levy and collect in each year taxes and to collect other revenues within the limits prescribed by law, sufficient to pay the principal of and interest on the Outstanding Parity Certificates and the Certificates. The Issuer, in the Resolution, has also entered into certain other covenants and agreements with the registered owners of the Certificates, including a provision for the issuance of additional debt obligations on a parity with the Certificates and the Outstanding Parity Certificates, for the terms of which reference is made to the Resolution.
It is certified that this Certificate is authorized by and issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana. It is further certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Certificate and the issue of which it forms a part to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Certificate and the issue of which it forms a part, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.
IN WITNESS WHEREOF, the Parish School Board of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Issuer, has caused this Certificate to be executed in the name of the Issuer by the manual or facsimile signatures of its President and its Secretary and the corporate seal of the Issuer to be impressed or imprinted hereon.
PARISH SCHOOL BOARD OF
THE PARISH OF RAPIDES,
STATE OF LOUISIANA
Mr. Nason Authement Mr. Keith Breazeale
Secretary President
[SEAL]
* * * * * *
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Certificate is one of the Certificates referred to in the within mentioned Resolution.
WHITNEY BANK
New Orleans, Louisiana
as Paying Agent
Date of Registration: __________________ By: _______________________________
Authorized Officer
* * * * * *
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto _____________________________________________________________________________
Please Insert Social Security or other Identifying Number of Assignee |
|
the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints ______________________________________ attorney or agent to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ______________________ ____________________________________
NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or enlargement or any change whatever.
* * * * * *
SECTION 6. Execution of Certificates. The Certificates shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, which signatures and corporate seal may be either manual or facsimile.
SECTION 7. Pledge and Dedication of Revenues. The Certificates, equally with the Outstanding Parity Certificates, shall be secured by and payable as to principal and interest from a pledge and dedication of the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Certificates and the Outstanding Parity Certificates are outstanding. There is hereby irrevocably pledged and dedicated to the payment of the Certificates and the Outstanding Parity Certificates an amount of such excess of annual revenues sufficient to pay same in principal and interest as they respectively mature. Until the Certificates shall have been paid in full in principal and interest, the Governing Authority does hereby obligate the Issuer, itself and its successors in office, to budget annually a sum of money sufficient to pay the Certificates and the Outstanding Parity Certificates and the interest thereon, if any, as they respectively mature, including any principal and/or interest theretofore matured and then unpaid, and to levy and collect in each year taxes and to collect other revenues within the limits prescribed by law, sufficient to pay the principal of and interest on the Certificates and the Outstanding Parity Certificates. No further or additional pledges or dedications of the excess of annual revenues shall be made which shall have priority over or parity with the pledge and dedication of such revenues herein made, except as provided in Section 8 hereof.
SECTION 8. Parity Certificates. The Issuer shall issue no other certificates or obligations of any kind or nature payable from or enjoying a lien on the excess of annual revenues of the Issuer above the said statutory, necessary and usual charges, having priority over or parity with the Certificates herein authorized and the Outstanding Parity Certificates, except that additional certificates may hereafter be issued on a parity with the Certificates and the Outstanding Parity Certificates under the following conditions:
(1) The Certificates herein authorized or any part thereof, including the interest thereon, may be refunded, and the refunding certificates so issued shall enjoy complete equality of lien with the portion of the Certificates which is not refunded, if there be any, and the refunding certificates shall continue to enjoy whatever priority of lien over subsequent issues may have been enjoyed by the Certificates refunded; provided, however, that if only a portion of the Certificates outstanding is so refunded and the refunding certificates require total principal and interest payments during any year in excess of the principal and interest which would have been required in such year to pay the Certificates refunded thereby, then such Certificates may not be refunded without the consent of the Owner of the unrefunded portion of the Certificates issued hereunder (provided such consent shall not be required if such refunding certificates meet the requirements set forth in clause 2 of this Section).
(2) Additional certificates of indebtedness may be issued on and enjoy a full and complete parity with the Certificates and the Outstanding Parity Certificates with respect to the excess of annual revenues, provided that the anticipated excess of annual revenues (including fund balances) in the year in which the additional certificates of indebtedness are to be issued, as reflected in the budget adopted by the Governing Authority, must be at least 1.2 times the combined principal and interest requirements for any calendar year on the Certificates and the Outstanding Parity Certificates and the said additional certificates of indebtedness.
(3) Junior and subordinate certificates of indebtedness may be issued without restriction.
(4) The Issuer must be in full compliance with all covenants and undertakings in connection with the Certificates and the Outstanding Parity Certificates and there must be no delinquencies in payments required to be made in connection therewith.
(5) The additional certificates must be payable as to principal on May 1st of each year, commencing not more than 2 years from the date thereof, and payable as to interest on May 1 and November 1 of each year.
SECTION 9. Sinking Fund. For the payment of the principal of and the interest on the Certificates and the Outstanding Parity Certificates and any additional parity certificates of indebtedness, there has been created a special fund known as “Parish School Board of the Parish of Rapides, State of Louisiana - Certificates of Indebtedness (2001) Sinking Fund” (the “Sinking Fund”), said Sinking Fund being established and maintained with the regularly designated fiscal agent bank of the Issuer. The Issuer shall deposit in said Sinking Fund at least one (1) day in advance of the date on which each payment of principal and/or interest on the Certificates and the Outstanding Parity Certificates falls due, funds fully sufficient to promptly pay the maturing principal and/or interest so falling due on such date. The depository for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent funds fully sufficient to pay promptly the principal and interest falling due on such date.
It shall be specifically understood and agreed, however, and this provision shall be a part of this contract, that after the funds have actually been budgeted out of the revenues of any Fiscal Year sufficient to pay the principal of and interest on the Certificates and the Outstanding Parity Certificates herein authorized for that Fiscal Year, and all required amounts have been deposited in the Sinking Fund established for the Certificates and the Outstanding Parity Certificates, then any excess of annual revenues remaining in that Fiscal Year shall be free for expenditure by the Issuer for any other lawful corporate purpose.
All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Resolution shall constitute sacred funds for the benefit of the Owners of the Certificates and Outstanding Parity Certificates, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be invested in accordance with the provisions of the laws of the State of Louisiana, in which event all income derived from such investments shall be added to the General Fund of the Issuer.
SECTION 10. Budget; Audit. As long as any of the Certificates and the Outstanding Parity Certificates are outstanding and unpaid in principal or interest, the Issuer shall prepare and adopt a budget prior to the beginning of each Fiscal Year and shall furnish a copy of such budget within thirty (30) days after its adoption to the Paying Agent and the Purchaser; the Issuer shall also furnish a copy of such budget to the Owners of any of the Certificates or the Outstanding Parity Certificates who request the same. Not later than three (3) months after the close of each Fiscal Year, the Issuer shall cause an audit of its books and accounts to be initiated by the Legislative Auditor or an independent firm of certified public accountants showing the receipts and disbursements made by the Issuer during the previous Fiscal Year. Such audit, when completed, shall be available for inspection by the Owner of any of the Certificates, and a copy of such audit shall be furnished to the Purchaser.
SECTION 11. Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Certificates to be printed, to issue, execute and seal the Certificates, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Certificates, shall be deposited by the Issuer with its fiscal agent bank or banks to be used only for the purpose for which the Certificates are issued. Accrued interest, if any, derived from the sale of the Certificates shall be deposited in the Sinking Fund to be applied to the first interest payment. Of the principal proceeds so deposited, a sufficient amount shall be applied (on the date of delivery of the Certificates) to the full payment and retirement of the Issuer’s Refunded Certificates, which Refunded Certificates are callable for redemption on said delivery date (pursuant to waiver of the Owner of the Refunded Certificates). The balance of the principal proceeds so deposited shall be used solely for paying part of the cost of acquiring, constructing and improving facilities, vehicles and equipment for fire protection and rescue and emergency medical services in and for the Issuer and the costs of issuance of the Certificates.
SECTION 12. Certificates Legal Obligations. The Certificates shall constitute legal, binding and valid obligations of the Issuer, and shall be the only representations of the indebtedness as herein authorized and created.
SECTION 13. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Certificates, and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Certificates.
No material modification or amendment of this Resolution, or of any Resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of the Certificates then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity or redemption provisions of the Certificates, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Certificates as the same shall come due from the revenues appropriated, pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of the Owners of the Certificates.
SECTION 14. Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Certificates shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Certificates, but this Resolution and the Certificates shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this Resolution which validate or make legal any provision of this Resolution and/or the Certificates which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Certificates.
SECTION 15. Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Certificates and having determined the same to be regular, the Certificates shall contain the following recital, to‑wit:
“It is certified that this Certificate is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana.”
SECTION 16. Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Certificate is registered as the Owner of such Certificate for the purpose of receiving payment of the principal (and redemption price) of and interest on such Certificate and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECTION 17. Notices to Owners. Wherever this Resolution provides for notice to Owners of Certificates of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed first class, postage prepaid, to each Owner of such Certificates, at the address of such Owner as it appears in the Certificate Register. In any case where notice to Owners of Certificates is given by mail, neither the failure to mail such notice to any particular Owner of Certificates, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 18. Cancellation of Certificates. All Certificates surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Certificates previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent. All canceled Certificates held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 19. Mutilated, Destroyed, Lost or Stolen Certificates. If (1) any mutilated Certificate is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Certificate, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Certificate has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Certificate, a new Certificate of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Certificate has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Certificate, pay such Certificate. Upon the issuance of any new Certificate under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Certificate issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen certificate shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Certificate shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Certificates. Any additional procedures set forth in the Agreement, authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates.
SECTION 20. Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal (and redemption price) of and interest on the Certificates, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of the Certificates shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Certificates or interest installments for the payment or redemption of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section. Certificates shall be deemed to have been paid, prior to their maturity, within the meaning and with the effect expressed above in this Section if there shall have been deposited in trust either money in an amount which shall be sufficient, or Government Securities the principal of and the interest on which when due will provide money which, together with the money, if any, deposited in trust at the same time, shall be sufficient to pay when due the principal of, premium, if any, and interest to become due on such Certificates on and prior to the stated maturity or (if notice of the call for redemption has been duly given or waived or if irrevocable arrangements therefor have been made) redemption date thereof. Neither Government Securities nor money deposited in trust pursuant to this Section, nor principal or interest payments on any such Government Securities, shall be withdrawn or used for any such purpose other than, and shall be held in trust for, the payment of the principal (and redemption price) of and interest on such Certificates. Any cash received from such principal of and interest on such investment securities deposited in trust, if not needed for such purpose, shall, to the extent practicable, be reinvested in Government Securities (which may be non-interest bearing) maturing at times and in amounts sufficient to pay when due the principal, premium, if any, and interest on such Certificates on and prior to the maturity thereof, and interest earned from such reinvestments shall be paid over to the Issuer as received by the depositary, free and clear of any trust, lien, or pledge. Any payment for Government Securities purchased for the purpose of reinvestment as aforesaid shall be made only against delivery of such Government Securities.
SECTION 21. Successor Paying Agent; Paying Agent Agreement. The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Certificates. The designation of the initial Paying Agents in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to take any and all action and execute an appropriate agreement, instrument, document or certificate necessary to effectuate the purpose of this Section.
SECTION 22. Disclosure Under SEC Rule 15c2-12. It is recognized that the Issuer will not be required to comply with the continuing disclosure requirements described in the Rule 15c-2-12(b) of the Securities and Exchange Commission [17 CFR '240.15c2-12(b)], because:
(a) the Certificates are not being purchased by a broker, dealer or municipal securities dealer acting as an underwriter in a primary offering of municipal securities, and
(b) the Certificates are being sold to only one financial institution (i.e., no more than thirty-five persons), which (i) have such knowledge and experience in financial and business matters that they are capable of evaluating the merits and risks of the prospective investment in the Certificates and (ii) are not purchasing the Certificates for more than one account or with a view to distributing the Certificates.
SECTION 23. Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code 5 of 1986 and any amendment thereto (the “Code”) in order to establish, maintain and preserve the exclusion from “gross income” of interest on the Certificates under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Certificates or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Certificates to be “arbitrage bonds” or would result in the inclusion of the interest on any of the Certificates in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Certificate proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Certificates in a manner which would cause the Certificates to be “private activity bonds”.
The Executive Officers are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 24. Designation as "Qualified Tax-Exempt Obligations". The Bonds are designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3)(B)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 calendar year 2015 does not exceed $10,000,000.
SECTION 25. Award of Certificates. The Issuer hereby confirms the acceptance of the offer of the Purchaser to purchase the Certificates attached hereto as Exhibit A. The Certificates shall be delivered to the Purchaser following State Bond Commission approval and upon the payment of the principal amount thereof.
SECTION 26. Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 27. Publication. A copy of this Resolution shall be published immediately after its adoption in one issue of the official journal of the Issuer.
SECTION 28. Effective Date. This Resolution shall become effective immediately.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Wilton Barrios, Jr. X ______ ______
Steve Berry X ______ ______
Gerald R. Crooks X ______ ______
Willard B. McCall X ______ ______
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 7th day of July, 2015.
/s/ Nason "Tony” Authement /s/ Keith Breazeale
Secretary President
STATE OF LOUISIANA
PARISH OF RAPIDES
I, the undersigned Secretary of the Parish School Board of the Parish of Rapides, State of Louisiana, do hereby certify that the foregoing pages constitute a true and correct copy of a resolution adopted by said Parish School Board on July 7, 2015, providing for the incurring of debt and issuance of One Million Nine Hundred Ninety Thousand Dollars ($1,990,000) of Certificates of Indebtedness, Series 2015, of the Parish School Board of the Parish of Rapides, State of Louisiana; prescribing the form, terms and conditions of said Certificates; designating the date, denomination and place of payment thereof in principal and interest; authorizing the agreement with the Paying Agent; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature on this 7th day of July, 2015.
__________________________________
Secretary
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Keith Breazeale to authorize the Board Secretary and Central Office Staff to engage Pan American Engineers for project design and management, advertise for bids for “Buckeye High School Running Track Project (RPSB Bid No. 16-21) and authorize the Executive Committee and/or the Superintendent and Central Office Staff to receive bids. (Item 16)
Discussion ensued.
On motion by Mr. Steve Berry and seconded by Mr. Keith Breazeale, the Board voted unanimously to authorize the Board Secretary and Central Office Staff to engage Pan American Engineers for project design and management, advertise for bids for “Buckeye High School Running Track Project (RPSB Bid No. 16-21) and authorize the Executive Committee and/or the Superintendent and Central Office Staff to receive bids.
______________________
A motion was made by Mr. Steve Berry and seconded by Dr. Stephen Chapman to ratify and confirm bid(s) received on Wednesday, May 20, 2015 at 11:00 a.m. by the Central Office Staff and award to the lowest responsive and responsible bidder(s) for 2015-2016 school year and authorize staff to enter into purchase order contract(s) accordingly funded by School Food Service Funds. (Item 17)
“Cafeteria Meat Bid” - RPSB Bid No. FS15-15-16 and award to LAMM Food Service for $1,749,105.00
“Cafeteria Frozen Food Bid” - RPSB No. FS20-15-16 and award to LAMM Food Service for $864,670.00
“Cafeteria Processed Foods Bid” - RPSB No. FS25-15-16 and award to LAMM Food Service for $4,104,512.80
Discussion ensued.
On roll call the vote was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez to consider a renewal of an Inter-Agency Agreement with Pelican State Credit Union in a cooperative endeavor for a “Training Branch” to be located at Peabody Magnet High School for the period of August 1, 2015 to July 31, 2016 and authorize the Board President to sign any and all documentation in connection therewith subject to changes, addenda and approval of advising counsel. (Item 18)
Mr. Roy Rachal presented information and discussion ensued.
On motion by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez, the Board voted unanimously to consider a renewal of an Inter-Agency Agreement with Pelican State Credit Union in a cooperative endeavor for a “Training Branch” to be located at Peabody Magnet High School for the period of August 1, 2015 to July 31, 2016 and authorize the Board President to sign any and all documentation in connection therewith subject to changes, addenda and approval of advising counsel.
____________________
A motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez to ratify and confirm bid(s) received on Thursday, July 2, at 2:00 p.m. by the Central Office Staff for “Sanitary Maintenance Paper Supplies” (Bid #15-13B) and to award bid to the lowest responsible and responsive bidder(s) contingent on low bidder(s) meeting all LA Public Bid Law and Contract Document Requirements and Specifications. (Item 19)
Discussion ensued.
A substitute motion was made by Mr. Steve Berry and seconded by Mr. Darrell Rodriguez to ratify and confirm bid(s) received on Thursday, July 2, at 2:00 p.m. by the Central Office Staff for “Sanitary Maintenance Paper Supplies” (Bid #15-13B) and to award bid to the lowest responsible and responsive bidder(s) contingent on low bidder(s) meeting all LA Public Bid Law and Contract Document Requirements and Specifications and award to Economical for $153,432.24.
On roll call the vote on the substitute motion was as follows:
AYE: Mr. Crooks, Mr. McCall, Dr. Chapman, Mr. Rodriguez, Mrs. Franklin, Mr. Barrios, Mr. Berry, Mr. Breazeale
NAY: None
ABSENT: Mr. Allen
____________________
A motion was made by Mr. Willard McCall and seconded by Mr. Darrell Rodriguez to approve the Lafayette Parish School Board’s request to participate in a cooperative purchasing agreement with the Rapides Parish School Board for the purchase of school buses (RPSB Bid #16-20). (Item 22)
Discussion ensued.
On motion by Mr. Willard McCall and seconded by Mr. Darrell Rodriguez, the Board voted unanimously to approve the Lafayette Parish School Board’s request to participate in a cooperative purchasing agreement with the Rapides Parish School Board for the purchase of school buses (RPSB Bid #16-20).
____________________
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