DATE, TIME, PLACE OF MEETING
The Calcasieu Parish School Board met in the Conference Room of the Calcasieu Parish School Board located at 1732 Kirkman Street, Lake Charles, Louisiana, on Tuesday, October 1, 2002, at 5:00 p.m. John M. Falgout, President, called the meeting to order. Randy Armentor led the prayer; Berk Fontenot led the Pledge of Allegiance.
ROLL CALL
The roll was called and the following members were present:
Joe A. Andrepont, Randall C. Armentor, Ricky Blackwell, Wilridge P. Doucet, Clara F. Duhon, Jay L. Duhon, Carla C. Duplechin, John M. Falgout, L. J. "Berk" Fontenot, Sheral A. LaVergne, James W. Pitre, Gregory P. Robert, Philip Tarver and Elray T. Victorian.
James W. Karr, Sr., was absent.
MINUTES APPROVED
On motion by Mrs. Duhon, seconded by Mr. Andrepont and unanimously carried, the minutes of the regular meeting of September 17, 2002, were approved as presented.
Supplemental Agenda
By general consent the Supplemental Agenda was included as part of the regular agenda.
Agenda/Amend
By general consent item VII-B, Cooperative Endeavor Agreement with the Calcasieu Parish Sheriff’s Office – Safe Schools Program was placed after the approval of the supplemental agenda.
After discussion relative to the costs associated with the endeavor, a motion was made by Mr. Armentor, seconded by Mrs. Duhon and carried, the following agreement was approved: The vote reflected one nay vote.
STATE OF LOUISIANA
COOPERATIVE ENDEAVOR AGREEMENT
PARISH OF CALCASIEU
BE IT KNOWN, that before the undersigned Notaries Public, duly commissioned and qualified in and for their respective localities as hereinafter stated, on the dates hereinafter set forth, and in the presence of the competent witnesses hereinafter named and undersigned,
PERSONALLY CAME AND APPEARED:
CALCASIEU PARISH SCHOOL BOARD (the “School Board”), the governing authority of the Parish of Calcasieu for public school purposes and a political subdivision of the State of Louisiana within the meaning of Article 6, Section 44 of the 1974 Louisiana Constitution, herein represented by its President, John M. Falgout, duly authorized,
CALCASIEU PARISH SHERIFF’S OFFICE (the “Sheriff’s Office”), the chief law enforcement agency for the Parish of Calcasieu herein represented by Sheriff Beth Lundy, duly authorized,
Section 1. AUTHORITY
This Agreement is entered into by the parties under the authority of the Constitution and laws of the State of Louisiana, including specifically Article 7, Section 14 of the 1974 Louisiana Constitution.
The Sheriff’s Office and the School Board hereby find and declare that they are each authorized by general and special laws to perform the activities herein contemplated and to exercise all powers that may be necessary for completion of the undertaking herein described.
Section 2. PUBLIC PURPOSE
In order to provide a safe and secure learning environment at the public schools of Calcasieu Parish the Sheriff’s Office and the School Board do hereby contract for the placement of a fully commissioned deputy sheriff (School Resource Officer) at the schools and/or in the zones identified in Exhibit A attached hereto and made a part hereof. It is the express intent of this Agreement that the assigned School Resource Officer shall at all times be under the direct supervision and control of the Calcasieu Parish Sheriff’s Office. Additionally, it is the express intent of the parties that the School Resource Officer is to be present on the grounds of the school for the purpose, in addition to his normal law enforcement obligations, of assisting the administration of the school(s) with law enforcement and security related problems. The School Resource Officer and the principal of the school shall work together to determine what would be the most effective use of the School Resource Officer’s time and resources.
Section 3. JOINT EFFORT
The Sheriff’s Office and the School Board agree to cooperate in the implementation and administration of the Safe School Program. It is a cooperative effort intended to provide a safe and secure learning environment that is compliant with school board policies and to ensure that school grounds are a safe haven for students. The School Resource Officer’s primary duty shall be to enforce the law and to attempt to prevent criminal violations.
Section 4. SCHOOL BOARD CONTRIBUTION
The School Board agrees to reimburse the Sheriff’s Office, at the beginning of each school year, no later than October 1st, as follows:
2002 $200,000.00
2003 $175,000.00
2004 $150,000.00
Section 5. SHERIFF’S OFFICE CONTRIBUTION
The Sheriff’s Office agrees to provide post certified, fully commissioned, deputies to be assigned as identified in Exhibit A. The Sheriff’s Office further agrees to pay the salary and benefits of the deputy, as agreed upon with the School Board. This is subject to the obligation of the School Board to reimburse the Sheriff’s Office as described in Section 4.
Section 6. LIMITATIONS
It is expressly understood and agreed that the School Resource Officer will at all times be under the direct supervision and control of the Sheriff’s Office and the supervisors designated by the Sheriff’s Office. It is further understood and agreed that the School Resource Officer shall cooperate and work with the principal at the school to which they are assigned. Although the principal is not in the chain of command at the Sheriff’s Office, he or she is to be treated with respect and their requests given priority. The principal is the School Board’s representative at the school. It is the intent of this Agreement that the principal and the School Resource Officer shall work together in a harmonious manner to achieve the goals outlined in this Agreement. The Sheriff’s Office shall designate which deputies are to be assigned to each of the agreed locations.
Section 7. INSURANCE
The parties shall provide to each other such insurance coverage and verification as may be agreed upon. The School Board agrees to pay the Sheriff’s Office an amount equal to one-half of the cost to bring down its S.I.R. from $200,000.00 to $25,000.00. The School Board shall be named an “additional insured” by the Sheriff’s Office insurance carrier, St. Paul, and the Sheriff’s Office shall be named an “additional insured” by the School Board’s insurance carrier, Coregis.
Section 8. INDEMNIFICATION
On any claim arising under the Safe School Program where both the Sheriff’s Office and the School Board are named or cited as defendants or potential defendants, the parties agree to each be responsible for one-half of the $25,000.00 S.I.R. amount, or such other percentage or proportion as may be mutually agreed upon.
Section 9. MEDIATION
For all disputes arising under this Agreement and which the parties are unable to resolve, it is agreed that before any legal action can be taken the parties must submit to mediation. The mediator shall be selected by mutual agreement of the parties. If an agreement cannot be reached on selection of the mediator, each party shall submit the name of two mediators for placement in a hat. A random drawing will then decide who will be the mediator for the dispute. All costs associated with the mediation are to be paid one-half by the School Board and one-half by the Sheriff’s Office.
Section 10. NOTICE
The parties hereto agree to immediately notify one another of all incidents and/or emergencies arising under this Agreement or the Safe School Program. The mechanism for providing this notice shall be developed by the parties so as to provide effective notice in addition to recognition of the need to not compromise ongoing or planned investigations.
Section 11. PROGRAM REVIEW
The Safe School Program shall be jointly reviewed by the School Board and the Sheriff’s Office in both January and June. Any improvements should, when possible, be incorporated into the upcoming year of the program.
Section 12. TRAINING
The Sheriff’s Office shall allow designees of the School Board to view, review and/or participate in the training provided in-house by the Sheriff’s Office for those deputies to be assigned pursuant to this Agreement.
Section 13. GRANT APPLICATION
The parties acknowledge that the Sheriff’s Office has applied for and received a three-year grant from the Federal Government. This grant will not pay for the entire Safe School Program and that is the reason the parties have agreed to the contribution schedule described in Section 4. The grant is for three years and contains a provision requiring that the Safe School Program continue for at least one year after the grant expires. The parties agree that they will co-sponsor the Safe School Program for at least one year after the expiration of the grant. They agree to share the total expenses in a way that can be better negotiated in the last year of the grant. The parties further agree to begin talks no later than the 2004–2005 school year regarding the scope and the funding of the Safe School Program for the 2005–2006 school year. It is further agreed that the Safe School Program and this Agreement are intended to be completely separate from any other agreement between the School Board and the Sheriff’s Office and are not intended to alter any other agreements regarding deputies working in a similar fashion at schools within Calcasieu Parish.
Section 14: TERM
The term of this Agreement shall be for the 2002-2003, 2003-2004 and 2004-2005 school years. Additionally, as referred to in Section 13, the parties agree herein to co-sponsor the program for the 2005-2006 school year and to begin work on any revisions to that program during the preceding school year.
THUS DONE AND PASSED in duplicate original at Lake Charles, Louisiana, in the presence of the undersigned competent witnesses, and me, Notary, on the _____ day of ____________________, 2002.
WITNESSES: CALCASIEU PARISH SHERIFF’S OFFICE
________________________ BY: _______________________________ BETH LUNDY, SHERIFF
________________________
_____________________________
NOTARY PUBLIC
THUS DONE AND PASSED in duplicate original at Lake Charles, Louisiana, in the presence of the undersigned competent witnesses, and me, Notary, on the _____ day of ____________________, 2002.
WITNESSES: CALCASIEU PARISH SCHOOL BOARD
BY: ______________________________
JOHN M. FALGOUT, PRESIDENT
________________________
_____________________________
NOTARY PUBLIC
PRESENTATIONS
Calcasieu Association of Educators Executive Board Members
Mary Margaret David, CAE representative, announced the following Calcasieu Association of Educators Executive Board Members:
Mark Hayes, President
Linda Ferguson, Treasurer
Patricia Thomas, Membership Chairperson
Betty Edwards
Judy Ellis
Patricia Thomas
Members At Large: Lydia Colligan, Betty Edwards, Judy Ellis, John Jenkins, Linda Manuel, Dorothy Ortego
Sandra Dvergsdal, Louisiana UniServ Director
BESE Status Report
Dale Bayard, BESE representative, gave a report on the following:
· MFP
· Health Care Costs
· Salary Inequities
· Summer LEAP Test Administration Date
TAKE APPROPRIATE ACTION
Resolution Authorizing Advertisement for Sale of Bonds of School District Number 34
Lake Charles, Louisiana
October 1, 2002
The Parish School Board of Calcasieu Parish, Louisiana, met in regular public session at 5:00 o’clock p.m. on Tuesday, October 1, 2002, at the regular meeting place of said Board in the Calcasieu Parish School Board Office Building, 1732 Kirkman Street, Lake Charles, Louisiana, pursuant to the provisions of written notice given to each and every member thereof and duly posted in the manner required by law.
President John M. Falgout, called the meeting to order and on roll call, the following members were present:
Joe A. Andrepont, Randy Armentor, Ricky Blackwell, Wilridge Doucet, Clara F. Duhon, J. L. “Jay” Duhon, Carla C. Duplechin, John M. Falgout, L. J. “Berk” Fontenot, Sheral LaVergne, James W. Pitre, Greg Robert, Philip E. Tarver and Elray T. Victorian
ABSENT: James W. Karr, Sr.
The meeting was called to order and the roll called with the above result.
The following resolution was thereupon introduced, and pursuant to motion made by Mr. Tarver and seconded by Mr. Robert, was adopted by the following vote:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver and Mr. Victorian
NAYS: None
RESOLUTION
A RESOLUTION AUTHORIZING ADVERTISEMENT FOR SALE OF $10,000,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 34 OF CALCASIEU PARISH, LOUISIANA, 2002 SERIES A, AND $1,750,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 34 OF CALCASIEU PARISH, LOUISIANA, 2002 SERIES B;
ADOPTING THE PRELIMINARY DRAFT OF THE OFFICIAL STATEMENT TO BE PROVIDED THE INITIAL PURCHASER(S) OF $10,000,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 34 OF CALCASIEU PARISH, LOUISIANA, 2002 SERIES, AND AUTHORIZING ITS DISTRIBUTION TO PROSPECTIVE BIDDERS FOR THE BONDS; AND AUTHORIZING, APPROVING AND DIRECTING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION.
BE IT RESOLVED by the Parish School Board of Calcasieu Parish, Louisiana, the governing authority of School District No. 34 of Calcasieu Parish, Louisiana as follows:
SECTION 1. $10,000,000 General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2002 Series A, and $1,750,000 General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2002 Series B (collectively, the “Bonds”), authorized by an election held in School District No. 34 on July 20, 2002, shall be sold as herein directed.
SECTION 2. Sealed bids shall be received for the purchase of the Bonds and the Bonds shall be opened in public session of the Calcasieu Parish School Board on October 15, 2002, at 5:00 o’clock p.m. Central Daylight (Louisiana) Time, at the regular meeting place of the Calcasieu Parish School Board, 1732 Kirkman Street, Lake Charles, Louisiana.
SECTION 3. In accordance with Article 1426 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, notice of the sale of the Bonds shall be published one time at least seven clear calendar days before the date scheduled for the receipt of bids, in the Southwest Daily News, a newspaper published in Calcasieu Parish and of general circulation in School District No. 34 of Calcasieu Parish, and at least once in the Daily Journal of Commerce, a financial journal or newspaper containing a section devoted to municipal bond news published in the City of New Orleans, Louisiana, which publication shall be made at least forty-eight (48) hours in advance of the date scheduled for the receipt of bids. The notice of sale to be published shall be substantially in the following form:
NOTICE OF BOND SALE
$10,000,000
GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS
OF SCHOOL DISTRICT NO. 34 OFCALCASIEU PARISH, LOUISIANA
2002 SERIES A
$1,750,000
GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS
OF SCHOOL DISTRICT NO. 34 OF
CALCASIEU PARISH, LOUISIANA
2002 SERIES B
SEALED BIDS will be received by the Calcasieu Parish School Board, acting as the governing authority of School District No. 34 of Calcasieu Parish, Louisiana (the “Issuer”), at the Parish School Board Office at 1732 Kirkman Street, Lake Charles, Louisiana, until 5:00 o’clock p.m., Central Daylight (Louisiana) Time, on Tuesday, the
15th DAY OF OCTOBER, 2002,
for the purchase of the following issue or issues of Bonds of School District No. 34 of Calcasieu Parish, Louisiana (the “Bonds”), authorized at a special election held within the Issuer on Saturday, July 20, 2002:
$10,000,000 (being part of an authorized issue of $34,000,000) General Obligation Public School Improvement Bonds, 2002 Series A, maturing November 1 in each year in the principal amount as set forth opposite such year in the following table:
YEAR AMOUNT YEAR AMOUNT
2003 300,000 2013 490,000
2004 320,000 2014 520,000
2005 335,000 2015 540,000
2006 350,000 2016 570,000
2007 365,000 2017 600,000
2008 385,000 2018 630,000
2009 405,000 2019 660,000
2010 430,000 2020 695,000
2011 445,000 2021 725,000
2012 470,000 2022 765,000
$1,750,000 General Obligation Public School Improvement Bonds, 2002 Series B, maturing November 1 in each year in the principal amount as set forth opposite such year in the following table:
YEAR AMOUNT YEAR AMOUNT
2003 55,000 2013 85,000
2004 55,000 2014 95,000
2005 55,000 2015 95,000
2006 65,000 2016 100,000
2007 65,000 2017 105,000
2008 65,000 2018 110,000
2009 70,000 2019 115,000
2010 75,000 2020 120,000
2011 80,000 2021 125,000
2012 80,000 2022 135,000
The Bonds will be in fully registered form, dated November 1, 2002, will initially be one bond for each maturity with transfers in multiples of $5,000, and will be payable from and secured by unlimited ad valorem taxation. All Bonds of the same maturity must bear interest from date thereof until paid at one basic rate of interest to be designated by the bidder not exceeding nine (9%) percent per annum on any Bond in any interest payment period, said interest to be payable semi-annually on May 1 and November 1 of each year, beginning May 1, 2003.
Those Bonds maturing in the years 2003 to 2007, inclusive, shall not be subject to redemption prior to maturity. Those Bonds, or portions thereof in multiples of $5,000, maturing in the years 2008 to 2022, inclusive, shall be subject to redemption prior to maturity, at the option of the Issuer, in such order as the Issuer may determine and by lot within any maturity, on any interest payment date on or after November 1, 2007, at par and accrued interest to the date fixed for redemption.
The Bonds will be payable at a bank or trust company to be designated by the purchaser of the Bonds at the time of the sale thereof or within three (3) days of the date of such sale.
A certified or cashier’s check in the amount of $200,000.00 for the Series A Bonds, and $35,000 for the Series B Bonds, drawn on an incorporated bank or trust company and payable to the order of School District No. 34 of Calcasieu Parish, Louisiana, must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the Bonds. The check of the successful bidder will be retained uncashed by the Issuer and returned upon delivery of the Bonds and payment therefor. Checks of unsuccessful bidders will be promptly returned to each bidder’s representative or by certified mail.
All bids must be submitted on bid forms furnished by the Calcasieu Parish School Board without alteration or qualification. Bidders shall name one basic rate of interest for each Bond maturity not exceeding nine (9%) percent per annum on any Bond in any interest payment period to be expressed in a multiple of one-twentieth (1/20) or one-eighth (1/8) of one (1%) percent per annum. No bids for less than par and accrued interest from November 1, 2002 to the date of delivery of the Bonds or which specifies the cancellation of Bonds will be considered. Any premium bid must be paid in funds specified for the payment of the Bonds as part of the purchase price.
The Bonds will be awarded to the bidder offering to purchase the Bonds at such rate or rates of interest as will produce the lowest effective interest rate to the Issuer. The lowest effective interest rate will be determined in accordance with the “True” or “Canadian” interest cost method of calculation by doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments from the payment dates to the date of the Bonds and to the price bid, excluding the accrued interest from the date of the Bonds to the date of their delivery. If any bid for the Bonds shall be acceptable, a prompt award of the Bonds will be made. The right is expressly reserved to waive any irregularity in any bid or to reject any and all bids received.
The successful bidder shall make a bona fide public offering of the Bonds, and, as a condition to the Issuer's obligation to deliver the Bonds, the successful bidder must furnish to the Issuer within twenty-four hours after being notified of the award of the Bonds, the initial public offering prices of the Bonds. Upon Delivery of the Bonds, the successful bidder will furnish a certificate acceptable to Bond Counsel to the Issuer (i) specifying the reoffering prices at which a substantial amount of the Bonds was sold to the public (excluding bond houses, brokers and other intermediaries) and (ii) certifying as to the accuracy of such reoffering prices. Bond Counsel advises that (i) such certificate must be made on the best knowledge, information and belief of the successful bidder, (ii) the sale to the public of 10% or more in par amount of the Bonds of each maturity at (or below) the initial reoffering prices would be sufficient to certify as to the sale of a substantial amount of the Bonds, and (iii) reliance on other facts as a basis for such certification would require evaluation by Bond Counsel to assure compliance with the applicable provisions of the Internal Revenue Code of 1986, as amended (the “Code”).
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the bidder, any purchase of such insurance or commitment therefor shall be at the sole option and expense of the bidder and any increased costs of issuance of the Bonds resulting by reason of such insurance, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not in any way relieve the purchaser of his contractual obligations arising from the acceptance of his proposal for the purchase of the Bonds.
It is anticipated that CUSIP identification numbers will be printed on the Bonds, but the failure to print such numbers shall not constitute cause for refusal by the successful bidder to accept delivery of and to pay for the Bonds. No CUSIP identification number shall be deemed to be part of the Bond or a part of the contract evidenced thereby, and no liability shall hereafter attach to the issuer or any officers or agents thereof because of or on account of such numbers. All expenses in relation to the printing of the CUSIP identification numbers on the Bonds shall be paid by the Issuer. However, the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of and shall be paid by the successful bidder.
A copy of the Issuer’s preliminary official statement may be obtained by contacting Joseph A. Delafield, Attorney at Law, 3401 Ryan Street, Suite 307, P. O. Box 4272, Lake Charles, Louisiana 70605/70606, Bond Counsel. The Preliminary Official Statement is in a form “deemed final” by the Issuer for purposes of SEC Rule 15c2-12(b)(1) but is subject to revision, amendment, and completion in a final official statement.
Promptly after the sale date, but in no event later than seven (7) business days after such date, the Issuer will provide the successful bidder with a reasonable number of final Official Statements, not to exceed one hundred (100) f.o.b. Lake Charles, Louisiana. Such final Official Statements may be obtained without cost to the successful bidder from the Issuer as set forth herein. Additional copies of the final Official Statement may be obtained up to three months following the sale of the Bonds by a request and payment of costs for reproduction.
The approving legal opinion of Joseph A. Delafield, Attorney at Law, of Lake Charles, Louisiana, and the transcript of record as passed upon, will be furnished to the successful bidder(s) without cost to it. The transcript will contain the usual closing proofs, including a certificate by the Issuer that up to the time of delivery, no litigation has been filed questioning the validity of the Bonds or the taxes necessary to pay the same.
For information relative to the Bonds not contained in the Notice of Bond Sale and the Official Statement, address The Honorable Jude W. Theriot, Superintendent of Schools of Calcasieu Parish, Louisiana and Ex-Officio Secretary of the Calcasieu Parish School Board, 1724 Kirkman Street, Lake Charles, Louisiana 70601; or Joseph A. Delafield, Esq., Bond Counsel, 3401 Ryan Street, Suite 307, P.O. Box 4272, Lake Charles, Louisiana 70605/70606.
SECTION 4. The Calcasieu Parish School Board hereby adopts the Notice of Bond Sale contained in Section 3 hereof as the official Notice of Bond Sale, which shall be sent to persons who seek further information with respect to the Bonds and which will form part of the contract of sale of the Bonds.
SECTION 5. The Calcasieu Parish School Board hereby adopts the following as an official bid form for the Series A Bonds, which shall be used by prospective bidders for the Bonds described herein, and which shall be supplied to all persons seeking information with respect to the Bonds:
We offer to purchase TEN MILLION AND NO/100 ($10,000,000) DOLLARS General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2002 Series A, in the initial denominations of one Bond for each maturity, with transfers in multiples of $5,000.00, bearing interest payable semi-annually on May 1 and November 1 of each year, beginning May 1, 2003, maturing serially, WITH OPTION OF PRIOR PAYMENT, all in accordance with the Notice of Bond Sale and Official Statement, all the terms and conditions of which by reference are made a part hereof, and bearing interest at rates as follows, viz:
MATURITY PRINCIPAL INTEREST MATURITY PRINCIPAL INTEREST
DATE AMOUNT RATE PER DATE AMOUNT RATE PER
(Nov. 1) ANNUM (Nov. 1) ANNUM
2003 300,000 _____% 2013 490,000 _____%
2004 320,000 _____% 2014 520,000 _____%
2005 335,000 _____% 2015 540,000 _____%
2006 350,000 _____% 2016 570,000 _____%
2007 365,000 _____% 2017 600,000 _____%
2008 385,000 _____% 2018 630,000 _____%
2009 405,000 _____% 2019 660,000 _____%
2010 430,000 _____% 2020 695,000 _____%
2011 445,000 _____% 2021 725,000 _____%
2012 470,000 _____% 2022 765,000 _____%
We will pay the principal sum of TEN MILLION AND NO/100 ($10,000,000) DOLLARS, together with accrued interest from the date of the Bonds to the date of delivery, plus a premium in the amount of $_________________.
For your information, we calculate the lowest effective interest rate to School District No. 34 to be %, said rate to be determined in accordance with the “True” or “Canadian” interest cost method of calculation by doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments from the payment dates to the date of the Bonds and to the price bid, excluding the accrued interest from the date of the Bonds to the date of their delivery.
Bonds bid for herein will be delivered and shall be paid for on or about November 26, 2002, at such place in Louisiana, and on such business day and at such hour, as the Issuer shall fix on five business days' notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder, it being understood that School District No. 34 will furnish to us, free of charge, at the time of delivery of the Bonds, the qualified approving legal opinion of Joseph A. Delafield, Attorney at Law, of Lake Charles, Louisiana, and a certified transcript of this proceeding.
In accordance with the Notice of Bond Sale, we enclose herewith (certified) (cashier's) check(s) number(s) drawn on of , in the amount of TWO HUNDRED THOUSAND AND NO/100 ($200,000.00) DOLLARS, which is tendered as evidence of our good faith in accordance with and under the provisions of the Official Statement and of the Notice of Bond Sale. Said check shall be returned to the undersigned upon award of the Bonds, provided this proposal is not accepted; otherwise, to be retained uncashed by School District No. 34 of Calcasieu Parish, Louisiana, and returned upon delivery of the Bonds and payment therefor, or to be cashed and forfeited as and for full liquidated damages in case of the failure of the undersigned to make such payment.
We acknowledge and understand the Bonds are not designated as “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of 1986.
This bid complies with the terms stipulated in the aforesaid Notice of Bond Sale, the receipt of which Notice of Bond Sale is hereby acknowledged.
Respectfully submitted,
by:
Authorized Representative
And Associates
Bid accepted by resolution adopted by the Calcasieu Parish School Board, as governing authority of School District No. 34 of Calcasieu Parish, Louisiana, on this 15th day of October, 2002.
PRESIDENT
Calcasieu Parish School Board
SECTION 6. The Calcasieu Parish School Board hereby adopts the following as an official bid form for the Series B Bonds, which shall be used by prospective bidders for the Bonds described herein, and which shall be supplied to all persons seeking information with respect to the Bonds:
We offer to purchase ONE MILLION SEVEN HUNDRED FIFTY THOUSAND AND NO/100 ($1,750,000) DOLLARS General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2002 Series B, in the initial denominations of one Bond for each maturity, with transfers in multiples of $5,000.00, bearing interest payable semi-annually on May 1 and November 1 of each year, beginning May 1, 2003, maturing serially, WITH OPTION OF PRIOR PAYMENT, all in accordance with the Notice of Bond Sale and Official Statement, all the terms and conditions of which by reference are made a part hereof, and bearing interest at rates as follows, viz:
MATURITY PRINCIPAL INTEREST MATURITY PRINCIPAL INTEREST
DATE AMOUNT RATE PER DATE AMOUNT RATE PER
(Nov. 1) ANNUM (Nov. 1) ANNUM
2003 55,000 _____% 2013 85,000 _____%
2004 55,000 _____% 2014 95,000 _____%
2005 55,000 _____% 2015 95,000 _____%
2006 65,000 _____% 2016 100,000 _____%
2007 65,000 _____% 2017 105,000 _____%
2008 65,000 _____% 2018 110,000 _____%
2009 70,000 _____% 2019 115,000 _____%
2010 75,000 _____% 2020 120,000 _____%
2011 80,000 _____% 2021 125,000 _____%
2012 80,000 _____% 2022 135,000 _____%
We will pay the principal sum of ONE MILLION SEVEN HUNDRED FIFTY THOUSAND AND NO/100 ($1,750,000) DOLLARS, together with accrued interest from the date of the Bonds to the date of delivery, plus a premium in the amount of $_________________.
For your information, we calculate the lowest effective interest rate to School District No. 34 to be %, said rate to be determined in accordance with the “True” or “Canadian” interest cost method of calculation by doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments from the payment dates to the date of the Bonds and to the price bid, excluding the accrued interest from the date of the Bonds to the date of their delivery.
Bonds bid for herein will be delivered and shall be paid for on or about November 26, 2002, at such place in Louisiana, and on such business day and at such hour, as the Issuer shall fix on five business days’ notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder, it being understood that School District No. 34 will furnish to us, free of charge, at the time of delivery of the Bonds, the qualified approving legal opinion of Joseph A. Delafield, Attorney at Law, of Lake Charles, Louisiana, and a certified transcript of this proceeding.
In accordance with the Notice of Bond Sale, we enclose herewith (certified) (cashier's) check(s) number(s) drawn on of , in the amount of THIRTY-FIVE THOUSAND AND NO/100 ($35,000.00) DOLLARS, which is tendered as evidence of our good faith in accordance with and under the provisions of the Official Statement and of the Notice of Bond Sale. Said check shall be returned to the undersigned upon award of the Bonds, provided this proposal is not accepted; otherwise, to be retained uncashed by School District No. 34 of Calcasieu Parish, Louisiana, and returned upon delivery of the Bonds and payment therefor, or to be cashed and forfeited as and for full liquidated damages in case of the failure of the undersigned to make such payment.
We acknowledge and understand the Bonds are not designated as “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of 1986.
This bid complies with the terms stipulated in the aforesaid Notice of Bond Sale, the receipt of which Notice of Bond Sale is hereby acknowledged.
Respectfully submitted,
by:
Authorized Representative
And Associates
Bid accepted by resolution adopted by the Calcasieu Parish School Board, as governing authority of School District No. 34 of Calcasieu Parish, Louisiana, on this 15th day of October, 2002.
PRESIDENT
Calcasieu Parish School Board
SECTION 7. There is hereby delegated to the Chief Financial Officer authority to designate the form of the Preliminary Official Statement, with such revisions, additions and appendices thereto as he may deem necessary, in his discretion, as the “near final official statement” within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”). Such form, when so approved by the Chief Financial Officer, is hereby authorized to be distributed to prospective purchasers of the Bonds.
SECTION 8. The Official Statement shall describe the final terms of the Bonds approved by the resolution of the Calcasieu Parish School Board authorizing issuance thereof and shall constitute the “final official statement” within the meaning of the Rule.
SECTION 9. All actions heretofore taken by the Calcasieu Parish School Board and by the officers thereof or on their behalf, not inconsistent herewith directed toward preparation and delivery of the Preliminary Official Statement are hereby ratified, approved and confirmed.
SECTION 10. The preliminary draft of the Official Statement (a copy of which is on file in the office of the Superintendent of Schools of Calcasieu Parish) is hereby approved and adopted and copies thereof shall be distributed to prospective bidders for the Bonds.
SECTION 11. By the passage of this resolution, the Board does not intend to approve, nor is it approving hereby, any matters otherwise relating to execution and issuance of the Bonds.
SECTION 12. If any paragraph, clause, section or provision of this resolution is judicially adjudged invalid or unenforceable, such judgement shall not affect, impair or invalidate the remaining paragraphs, clauses, sections or provisions hereof.
SECTION 13. All resolutions and orders or parts thereof in conflict herewith be and the same are hereby repealed.
APPROVED AND ADOPTED this 1st day of October, 2002.
/s/ John M. Falgout
JOHN M. FALGOUT, President
Calcasieu Parish School Board
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
(Other business not pertinent to the above appears in the minutes of the meeting.) Pursuant to motion duly made and carried, the Parish School Board adjourned.
/s/ John M. Falgout
JOHN M. FALGOUT, President
Calcasieu Parish School Board
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
STATE OF LOUISIANA
PARISH OF CALCASIEU
I, JUDE W. THERIOT, do hereby certify that I am the duly qualified and appointed Secretary of the Calcasieu Parish School Board, the governing authority of School District No. 34 of Calcasieu Parish, Louisiana.
I further certify that the above and foregoing is a true and correct copy of an excerpt from the minutes of a meeting of the Calcasieu Parish School Board held on October 1, 2002, insofar as said minutes pertain to the matters therein set out, and that the foregoing resolutions are true and correct copies of the original resolutions adopted at said meeting as they appear officially of record in my possession.
IN WITNESS WHEREOF, witness my official signature and the impress of the official seal of the Calcasieu Parish School Board, governing authority of School District No. 34 of Calcasieu Parish, Louisiana, on this 1st day of October, 2002.
___________________________
JUDE W. THERIOT, Secretary
[S E A L]
International Brotherhood of Electrical Workers (IBEW) Resolution
Mr. Spruel, legal counsel, presented a written legal opinion relative to the proposed resolution submitted by the International Brotherhood of Electrical Workers, Local 861, which requests the Calcasieu Parish School Board to adopt and incorporate an electrician certification requirement or specification in public works contracts.
Mr. Spruel advised the Board that legal consequences could result if the proposed resolution is adopted. He discussed the two cases that were outlined in his opinion that involved the Louisiana Supreme Court. Mr. Spruel stated that the major concern, if the resolution is adopted, might be viewed as a pre-qualification.
The following issues were discussed:
- Possible legal ramifications.
- Allowing competitive bidding without violation of the bid law.
- Ensuring quality work and safety.
- Address problems as they occur.
- Exclusion of an individual who is currently working on a job for the school system.
After further discussion, Mr. Armentor made a motion, seconded by
Ms. LaVergne, to adopt the resolution as presented by the IBEW Local 861.
There was discussion regarding the responsibility of the general contractors overseeing the sub-contractor’s performance. Several members expressed that they have not had sufficient time to review the legal opinion that was presented by Mr. Spruel and the legal opinion of IBEW Local 861. It was their understanding that the interested parties were to meet in an attempt to resolve the issue prior to the Board meeting.
Mr. Duhon made a substitute motion, seconded by Mr. Blackwell, to postpone action until the next meeting on October 15, with the intent that interested parties meet with the purpose of reaching a compromise.
Mr. Falgout recognized Mr. Harlon Duhon, IBEW business manager. Mr. Duhon encouraged the Board to act on the resolution and not postpone action until the next meeting.
Mr. Falgout recognized Mr. Hines, representative of Louisiana Associated General Contractors, who spoke against the resolution indicating that the adoption of the resolution would result in violation of the Public Bid Law.
Next, Mr. Falgout recognized Julie Richard-Spencer, legal counsel for the IBEW Local 861. Ms. Richard-Spencer encouraged the Board to vote on the resolution and not postpone action.
Mr. Rodney Duhon, IBEW representative, spoke in favor of the resolution and not postponement.
After lengthy discussion, Mr. Falgout called for a vote on the substitute motion. The motion failed with a vote of 7 yeas and 7 nays.
Discussion continued relative to the motion on the floor - adoption of the resolution.
In opposition of the resolution, Mr. Hines stated that the resolution would restrict competition and he encouraged the Board to consider a compromise that would be volatile to the Public Bid Law.
Philip Tarver left the meeting.
The Local 861 representatives were given the opportunity to speak in regards to the motion on the floor. They re-emphasized that the purpose of the resolution was to ensure free competition and at the same time provide quality workmanship. The IBEW legal counsel noted that the resolution, if adopted, would not violate the Public Bid Law and does not discriminate against non-union electricians.
Mr. Spruel stated, for the record, that the reading from the Louisiana Association General Contractor’s case was a true reading, but it is what attorneys call a “dicta.” This means something that the court said but could have just as well not said it and the final ruling would remain the same. Mr. Spruel stated, that the Diamond Dee Contract that was mentioned earlier is a familiar case that involved the Board and a specific roofing litigation. He also stated that one issue of concern is the example of a case that was reviewed under the Public Bid Law and basically ruled: “Can you, as a public entity, spec a Cadillac when a Chevrolet will do?” He stated the answer is “no.” “If the Chevrolet will do, then you will serve the goals of the Public Bid Law and you have to take the Chevrolet.”
There was discussion relative to the education requirements as indicated in the resolution.
Mr. Andrepont called for the question.
Mr. Doucet made an amendment to the motion, seconded by Mr. Fontenot, to
allow staff and architects sufficient time to design a proper bid form/document that would be in effect on January 1, 2003. The motion failed due to lack of a majority vote.
Mr. Falgout called for a vote on the original motion – adoption of the IBEW Local 861 resolution. The motion carried. The following resolution was adopted:
RESOLUTION
A RESOLUTION REQUIRING ELECTRICIAN CERTIFICATION
BE IT RESOLVED by the Calcasieu Parish School Board convened in regular session on the 1st day of October, 2002, that the following specification be added to the School Board’s front end bid documents on construction projects for the School Board:
ELECTRICIAN CERTIFICATION
Any party bidding to perform electrical work of any nature under this contract shall not be deemed a “responsible bidder” unless it certifies that it will employ electricians on the project(s) in question who are certified as participating in a program of training and education or as having successfully completed such programs that are conducted or supervised by the National Joint Apprenticeship and Training Committee of the Electrical Industry and the Louisiana Department of Labor, Office of Regulatory Services, Labor Programs Section, Apprenticeship Division. The electrical sub-contractor shall provide through the general contractor on a monthly basis a signed certificate on a form provided by the School Board verifying compliance with the provisions of this section.
PASSED, ADOPTED AND APPROVED at Lake Charles, Louisiana, on the 1st day of October 2002.
ATTEST:
JUDE W. THERIOT, SECRETARY
CORRESPONDENCE
Change Order Number One (1) for the Project “Structural Renovations to Alfred M. Barbe High School”
On motion by Mr. Pitre, seconded by Mr. Robert and unanimously carried, change order number one (1) for the project “Structural Renovations to Alfred M. Barbe High School,” project number 2002-29, for an increase of $10,571.69, school district number 34 bond funds, C. Gayle Zembower, architect; John D. Myers and Associates, Inc., contractor, was approved.
Change Order Number Eight (8) for the Project “Additions and Renovations to Pearl Watson Elementary School”
On motion by Mr. Victorian, seconded by Mr. Andrepont and unanimously carried, change order number eight (8) for the project “Additions and Renovations to Pearl Watson Elementary School,” project number 2007-24P, for an increase of $82,251.00 and an extension of twenty-four (24) days, school district number 31 bond funds, C. Gayle Zembower, architect; Alfred Palma, Inc., contractor, was approved.
Change Order Number Three (3) for the Project “Additions and Renovations to Maplewood Middle School,” Phase V
On motion by Mr. Doucet, seconded by Mr. Blackwell and unanimously carried, change order number three (3) for the project “Additions and Renovations to Maplewood Middle School,” phase V, school district number 23 bond funds, for an increase of $10, 281.00 and an extension of forty (40) days, H. Curtis Vincent and Steven D. Shows, architects; Conner/Manceaux GC, Inc., contractor, was approved with the stipulation of utilizing general funds in the amount of $4,985.00 for canopy repairs.
SUPERINTENDENT'S REPORT
Gay Arnold – Supervisor, Gifted and Talented Division – Special Education
Correspondence was received from Patricia Schuler, Ph.D., NCC, who is affiliated with Creative Insights, a counseling and educational consulting agency for children and their families. Dr. Schuler stated she had the opportunity to present information on the social and emotional issues of gifted and talented children and adolescents to administrators, gifted and talented teachers, counselors, parents, and students in the Calcasieu Parish School System. Dr. Schuler further stated, “I have worked with educators around the world, and I must tell you that few possess the dedication, passion, and caring of gifted children as Gay Arnold, your system’s gifted and talented director. Her professionalism, as well as her many kindnesses, made my time in Lake Charles a memorable experience.”
Congratulations to Gay Arnold on such a great commendation!
NEA Foundation Award
I am pleased to inform you that the Board of Directors of the NEA Foundation (NFIE) has selected Sheryl Abshire, coordinator of technology for the Calcasieu Parish Schools, to receive the Christa McAuliffe Award for 2002. This memorial award is given annually to a past NFIE grant recipient who has contributed
extraordinary service to the foundation or its grantees, and who has also exhibited outstanding innovation in teaching and learning. Mrs. Abshire will be recognized at the 8th annual Salute to Excellence in Education Gala, which will take place in Washington on Thursday, December 12. Congratulations to Sheryl Abshire on this outstanding honor.
Proclamation from Governor Foster
We received a proclamation from Governor Foster proclaiming October as Child Search/ChildNet month.
ANNOUNCEMENTS AND REQUESTS
Mr. Blackwell made an announcement that the seven-week computer training required for teachers is too intense and entails too much homework.
Mr. Duhon announced that the Employees’ Benefit Committee meeting is scheduled for Thursday, October 17.
Mr. Victorian reported that an employee contacted him with a concern that they were receiving workers’ compensation and did not receive the supplemental salary of $500.00 was issued by the state. He understood that if no one was hired to substitute for the employee who was receiving workers’ compensation the employee would receive the supplemental amount.
Mr. Theriot stated the issue would be investigated and brought to the Budget/Fiscal Management Committee meeting.
Mr. Armentor congratulated the Iowa Yellow Jackets for their football winning record of 4-0.
Mr. Doucet requested that the Curriculum and Instruction Committee address the issue of removing teachers from the classroom in order to attend workshops.
Ms. LaVergne requested a letter of condolence to the family of Rebecca Johnson.
Mr. Fontenot announced that his first granddaughter was born last week. The Board congratulated Mr. and Mrs. Fontenot. Also, Mr. Fontenot requested a letter of condolence to Vickie Barto on the loss of her mother. Ms. Barto is a teacher at Sam Houston High School. He requested that the field trip issue involving bus drivers be addressed at the next Administration and Personnel Committee meeting.
Mr. Armentor requested a letter of condolence to the family of Mrs. O’Hara. Mrs. O’Hara was a retired teacher.
SCHEDULE STANDING COMMITTEE MEETINGS
Employee Benefit Committee – Thursday, October 10, 2002, 4:45
EXECUTIVE SESSION
On motion by Mrs. Duhon, seconded by Mr. Victorian, and unanimously carried, the Board went into Executive Session at 7:50 p.m. to discuss personnel matters. The Board resumed regular open session at 8:00 p.m.
TAKE APPROPRIATE ACTION
Personnel
On motion by Mr. Doucet, seconded by Mrs. Duhon and unanimously carried, the following personnel changes were approved as recommended by the Superintendent:
Resignations
Wade Marcantel, Counselor, LaGrange High School, effective September 24, 2002, Paula Mitchell, School Clerk/Bookkeeper, T. H. Watkins Elementary School, effective September 30, 2002, Davis Verrett, Bus Driver, Western Heights Elementary School, effective September 3, 2002, Arthur Cormier, Custodian, Iowa High School, effective September 30, 2002, Monica LeBlanc, School Clerk/Bookkeeper, S. J. Welsh Middle School, effective September 13, 2002, Carolyn Stevenson, Teacher, Molo Middle School, effective May 31, 2002, Helane Rosen, Tutor, Fairview Elementary School, effective May 31, 2002
Retirement Notifications
Ellen Verrett, Bus Driver, S. P. Arnett Middle School, effective September 30, 2002
Maternity Leave
Pamela Smith, Teacher, LeBlanc Middle School, beginning December 28, 2002, until February 3, 2003
Leave Without Pay
Henry DeJean, Custodian, LaGrange High School, beginning October 22, 2002, until January 20, 2003, Charlotte Boudreaux, Bus Driver, Iowa High School, beginning October 1, 2002, until November 1, 2002.
Meeting Adjourned
On motion by Mrs. Duhon seconded by Mr. Doucet and unanimously carried, the meeting was adjourned at 8:05 p.m.
_________________________
Jude W. Theriot, Secretary John M. Falgout, President