board of education thursday, september 27, 2012, 5:00 pm ...sep 27, 2012  · board of education...

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Board of Education Thursday, September 27, 2012, 5:00 PM Adams Leadership Center, Winborn Conference Room I. Call to Order, Susan Heil, President I-1 II. Pledge of Allegiance, Root Elementary School II-1 III. Roll Call of Members III-1 IV. Recognition of People, Events, & Programs IV-1 V. Board Reorganization, Susan Heil V-1 VI. Citizen Participation VI-1 VII. Consent Agenda A. Reading of the Minutes VII-A1 B. Certified Staff Changes VII-B1 C. Classified Staff Changes VII-C1 D. Student Transfers VII-D1 E. Financial Report VII-E1 *Any item shall be removed from the consent items section at the request of one board member. VIII. Action Items A. VISA Card Marketing Agreement – Lisa Morstad (Goal 3) VIII-A1 B. ACSIP Statement of Assurance – Christie Jay (Goal 1) VIII-B1 C. 2012-13 Special Education Budget – Debra Wilson (Goal 3) VIII-C1 D. Change Order for Rock Excavation – Jared Brown (Goal 3) VIII-D1 IX. Information Items A. Bike Coalition Program – John L Colbert (Goal 3) IX-A1 B. Construction Update - Vicki Thomas (Goal 3) IX-B1 C. Accountability System Update – Kay Jacoby & Sarah McKenzie(Goal 1) IX-C1 D. Coke Contract – Vicki Thomas (Goal 3) IX-D1 E. Employee Bonus – Lisa Morstad (Goal 3) IX-E1 X. Expulsion Hearings X-1 XI. Adjournment XI-1 If you wish to speak during citizen participation or an action item report, please observe the following: 1. Avoid references, statements or conduct reasonably likely to result in disruption or undue delay in the orderly transaction of the business scheduled for consideration by the Board. 2. Avoid personal attacks of any identified individual or group. 3. Refrain from cumulative or repetitive remarks. 4. Refrain from obscenity, vulgarity or other breach of respect. 5. Refrain from words or statements which, from their usual construction and common acceptance, are construed as insults and tend to breach the peace.

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Page 1: Board of Education Thursday, September 27, 2012, 5:00 PM ...Sep 27, 2012  · Board of Education Thursday, September 27, 2012, 5:00 PM Adams Leadership Center, Winborn Conference Room

Board of Education

Thursday, September 27, 2012, 5:00 PM Adams Leadership Center, Winborn Conference Room

I. Call to Order, Susan Heil, President I-1

II. Pledge of Allegiance, Root Elementary School II-1

III. Roll Call of Members III-1

IV. Recognition of People, Events, & Programs IV-1

V. Board Reorganization, Susan Heil V-1

VI. Citizen Participation VI-1

VII. Consent Agenda A. Reading of the Minutes VII-A1

B. Certified Staff Changes   VII-B1

C. Classified Staff Changes VII-C1

D. Student Transfers VII-D1 E. Financial Report VII-E1 *Any item shall be removed from the consent items section at the request of one board member.

VIII. Action Items

A. VISA Card Marketing Agreement – Lisa Morstad (Goal 3) VIII-A1

B. ACSIP Statement of Assurance – Christie Jay (Goal 1) VIII-B1

C. 2012-13 Special Education Budget – Debra Wilson (Goal 3) VIII-C1

D. Change Order for Rock Excavation – Jared Brown (Goal 3) VIII-D1

IX. Information Items A. Bike Coalition Program – John L Colbert (Goal 3) IX-A1 B. Construction Update - Vicki Thomas (Goal 3) IX-B1 C. Accountability System Update – Kay Jacoby & Sarah McKenzie(Goal 1) IX-C1 D. Coke Contract – Vicki Thomas (Goal 3) IX-D1 E. Employee Bonus – Lisa Morstad (Goal 3) IX-E1

X. Expulsion Hearings X-1

XI. Adjournment XI-1 If you wish to speak during citizen participation or an action item report, please observe the following: 1. Avoid references, statements or conduct reasonably likely to result in disruption or undue delay in the orderly transaction of the business scheduled for consideration by the Board. 2. Avoid personal attacks of any identified individual or group. 3. Refrain from cumulative or repetitive remarks. 4. Refrain from obscenity, vulgarity or other breach of respect. 5. Refrain from words or statements which, from their usual construction and common acceptance, are construed as insults and tend to breach the peace.

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September 27, 2012

I. Call to Order

II. Pledge of Allegiance Root Elementary School

Mrs. Rhonda Moore, Principal

III. Roll Call Susan Heil, President

Tim Hudson, Vice President Jim Halsell, Secretary Bryn Bagwell, Member

Justin Eichmann, Member Traci Farrah, Member

Steve Percival, Member

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September 27, 2012

IV. Recognition of People, Events and Programs

V. Board Reorganization

VI. Citizen Participation

VII. Consent Agenda Reading of the Minutes Certified Staff Changes

Classified Staff Changes Student Transfers Financial Report

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Minutes of the August 23, 2012 Regular Meeting of the

Fayetteville Board of Education

The meeting convened at 5:00pm in the Adams Leadership Center with President Susan Heil presiding. The Pledge of Allegiance was led by students from Holcomb Elementary School. Roll Call The roll was called and board members Justin Eichmann, Steve Percival, Tim Hudson, Susan Heil, Steve Percival, Bryn Bagwell and Becky Purcell were present. Recognition Board member Becky Purcell was recognized for her service on the Board. Consent Agenda The Board voted 7-0 to approve Sections A-D (minutes, certified and classified staff changes, and student transfers) of the consent agenda. Jim Halsell made the motion, which was seconded by Tim Hudson. The Board voted 7-0 to approve Section E (special education agreements) of the consent agenda. Becky Purcell made the motion, which was seconded by Jim Halsell. QZAB Reimbursement Resolution The Board voted 7-0 to accept Qualified Zone Academy Bond tax credits from the Arkansas Department of Education and for the reimbursement from bond proceeds for any expenses the district may incur prior to the issuance of bonds. Susan Norton, chief information officer, noted that the district was awarded $1.29 million, which will be used for technology support services. Bryn Bagwell made the motion, which was seconded by Steve Percival. FY13 Athletic Budget The Board voted 7-0 to approve the FY13 athletic budget. Lisa Morstad, chief financial officer, reported that the state requires school districts to allocate district expenses to athletics via a new methodology based upon the ratio of athletic square footage to total district footage. As a result, a new budget report is required. Bryn Bagwell made the motion, which was seconded by Tim Hudson. FY12 Year End Report The FY12 year-end budget was presented by Lisa Morstad. She noted that the district finished the fiscal year within budget and revenues exceeded projections. VISA Card Marketing Agreement The marketing agreement with Arvest Bank for the use of its VISA debit cards was presented by Lisa Morstad. She reported that since a board member is employed by Arvest, ethics laws require that the agreement be approved by the Board. The Board will be asked to approve the agreement at the September board meeting. __________________________________ _____________________________________ Susan W. Heil, President Jim Halsell, Secretary

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September 27, 2012

B. Certified Staff Changes

TO: Board of Education FROM: Vicki Thomas, Superintendent I recommend approval of the following personnel actions: Provisional Employment1

Name Position & Assignment Replacement Period New Position Martha Palmer2,4 Teacher/Butterfield New 12/13 Dana Tiffany4,8 School Psychologist/District Replacement 12/13 Jennifer Lowrey3,11 Teacher/FHS Replacement 12/13 Ellen Bogart4,8 Teacher/Woodland Replacement 12/13 Miriam Adams4 Teacher/Root Replacement 12/13 Penelope Osburn2,5 Teacher/FHS Replacement 12/13 Kalvin Henderson2,4 Teacher/Owl Creek Replacement 12/13 Amanda Brown2,4 Teacher/Owl Creek New 12/13 Joel Taylor2,4 Teacher/FHS New 12/13 Marin Haley Nelson2,4 Counselor/Butterfield Replacement 12/13 Katherine Radewald2,4 Teacher/FHS Replacement 12/13 Employment – Transfers, Changes Name Position & Assignment Replacement/ Period New Position Sharla Keen Mills9 Instructional Facilitator/Ramay Replacement 12-13 Matthew Wilson Dean of Students/Ramay Replacement 12/13 Certified Staff Contract Renewals Name Period Eva Sue Lynch 12/13 Andrea Lofton 12/13 Joey Newman 12/13 Zack Yockey 12/13 Jessica Medford 12/13 1Pending Completion of a criminal background check and receipt of eligibility information from the Department of Education 2One year only 3Year 1 of 1 year new hire probationary period 4Year 1 of 3 year new hire probationary period 5Year 2 of 3 year new hire probationary period 6Year 3 of 3 year new hire probationary period 7Per policy 4150 8Contingent upon receipt of Arkansas Teaching Licensure 9One year contract contingent on grant funding 10Contingent upon acceptance in ALP program 11Contract contingent upon waiver approval 12 Contingent upon receipt of ABESBA License 13Contingent upon receipt of Medicaid Billing #.

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September 27, 2012

C. Classified Staff Changes TO: Board of Education FROM: Vicki Thomas, Superintendent I recommend approval of the following personnel actions:

Provisional Employment1,2 Name Position & Assignment Replacement/New Period Thomas Hansen Bus Driver/Transportation Replacement 12/13 Jerry Brewer Bus Driver/Transportation Replacement/New 12/13 Eric Roman Food Service Tech./Owl Creek Replacement 12/13 Jessica Renneberg Food Service Tech/McNair Replacement 12/13 Carissa DeBerry-WalkerFood Service Tech/Holt New 12/13 Laura Kildow Food Service Tech/Leverett Replacement 12/13 Jane Hamon School Nurse/Vandergriff Replacement 12/13 Philip Alderman Special Ed Aide/McNair Replacement 12/13 James Sullivan Crossing Guard/Root Replacement 12/13 Wesley Hill Custodian/District Replacement 12/13 Samuel Vaughn Bus Driver/Transportation Replacement 12/13 Mary Farrell School Nurse/Leverett New 12/13 Julie Schmidt Library Aide/Woodland Replacement 12/13 Kimberly Jackson Bus Aide/Transportation Replacement 12/13 Brian Robbins ISS Supervisor/Owl Creek Replacement 12/13 Lois Keefer Bus Driver/Transportation Replacement 12/13 Carolyn Dux Interventionist/Washington Replacement 12/13 Venus Ayers Sign Language Inter./Owl Creek Replacement 12/13 LaTrina Pearson Special Ed Aide/Ramay Replacement 12/13 Lon Netherton Bus Driver/Transportation Replacement 12/13 Charles Nesbitt Bus Driver/Transportation Replacement 12/13 Amanda Leal Bus Driver/Transportation Replacement 12/13 Brittany Hutson Kindergarten/Guided Aide/Butterfield Replacement 12/13 Mary Green Special Ed Aide/Transportation Replacement 12/13 Ashley Clement Accountant Replacement 12/13 Employment – Transfers, Changes Name Position & Assignment Replacement/ Period New Position Hamideh Farzad Food Service Tech./Holt Replacement 12/13 Joanna Hossay Food Service Tech./FHS New 12/13 Amy Jefferson Food Service Asst. Mgr/Owl Creek Replacement 12/13 Rose Bowlin Food Service Mgr/Happy Hollow Replacement 12/13 Donna Herrin Food Service Mgr/Asbell Replacement 12/13

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Kyle Harris PE Aide/Owl Creek Replacement 12/13 Diane Aday Crossing Guard/Root Replacement 12/13 Kathy Wallace Kindergarten Aide/Owl Creek Replacement 12/13 Paul Prothero PE Aide/Asbell Replacement 12/13 Jessica West Kindergarten Aide/Butterfield Replacement 12/13 Mary Alice Mixon Grant/Restricted Funds Accountant New 12/13 District Resignations Name Position & Assignment Erik Drews Special Ed Aide/McNair Linda Parker Bus Aide/Transportation Kristen Hodskins Guided Literacy Aide/Butterfield Steve Poage Network Systems Manager/District Tena Matthews Food Service Mgr/Owl Creek Jamie McCarty Custodian/District Chris Lane Bus Driver/Transportation Julie Caple Special Ed Aide/Owl Creek Jan Andre’ Williams Title I Aide/Happy Hollow D. Grant Stewart PE Aide/McNair 1Pending completion of a criminal background check and receipt of eligibility information from the Department of Education 2One Year Probationary Period 3Based on Student Count 4Grant Funded 5One Year Only

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September 27, 2012

Consent Agenda

D. Student Transfers

TO: Board of Education FROM: Vicki Thomas

I recommend approval of the following student transfer requests:

Incoming: Edith McAllister requests that her child, Jaedon I. Crawford, grade 12, be

transferred from the Farmington School District to the Fayetteville School District

Kelly Isham requests that her child, Miles Taliaferro, grade 10, be transferred from the Farmington School District to the Fayetteville School District

Christina Muir Frye requests that her child, Courtney Muir, grade 10, be transferred from the Farmington School District to the Fayetteville School District

Stephanie Hufhines requests that her child, Sawyer Campbell-Alton, grade 10, be transferred from the Huntsville School District to the Fayetteville School District

Joyce Adams requests that her child, Amanda G. Smith, grade 10, be transferred from the Lincoln School District to the Fayetteville School District

Richard Boyd requests that his children, Joshua Boyd, grade 8, and Abigail Boyd, grade 3, be transferred from the Springdale School District to the Fayetteville School District

Dudley Dawson requests that his child, John Bennett Bowen, grade 12, be transferred from the Springdale School District to the Fayetteville School District

Outgoing:

Theresa Sims requests that her child, Brianna Melton, kindergarten, be transferred from the Fayetteville School District to the Farmington School District

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Tara Kellar-Cole requests that her children, Stormi Kellar, grade 10, and

Gage Kellar-Cole, grade 5, be transferred from the Fayetteville School District to the Farmington School District

Jill Franks requests that her children, Ronnie Patton, grade 6, and Olivia Franks, grade 6, be transferred from the Fayetteville School District to the Farmington School District

Bobby Kildow requests that his child, Aaron Kildow, grade 11, be transferred from the Fayetteville School District to the Elkins School District

Curtis Harman requests that her child, Crystal Harman, grade 10, be transferred from the Fayetteville School District to the Elkins School District

Shawna Goodman requests that her children, Alisa Goodman, grade 9, and Haley Goodman, grade 6, be transferred from the Fayetteville School District to the Greenland School District

Deborah Stringer requests that her child, Nicholas L. Stringer, grade 8, be transferred from the Fayetteville School District to the Huntsville School District

Lovelyn Jenkins requests that her child, Sharmine Steele, grade 10, be transferred from the Fayetteville School District to the West Fork School District

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Executive Summary Financial ReportFayetteville Public Schools

FY2012-2013

9/18/2012 Revised Year to Date Year to DateRevenues: FY12 Budget FY13 Budget 8/31/2012 % of 8/31/2011

2 months of 12 = 16% Note Budget 2 months of 12 = 16%

Property Tax Reserve 3,000,000$ 3,000,000$ 3,000,000$ 100% 3,000,000$ 21 C Fund 400,000$ 100,000$ 100,000$ 400,000$ Capital Funds & Savings for FHS 2,197,500$ 1,576,717$ 1,576,717$ 2,197,500$

-$ Uncommitted Cfwd 427,902$ -$ Restricted Carryforwards 919,422$ 954,797$ 954,797$ 919,422$ State Funds 26,792,950$ 27,162,810$ 2,329,544$ a 9% 2,251,666$ Local Funds 64,848,446$ 59,910,148$ 4,027,892$ a 7% 10,165,931$ Interest on checking account 125,000$ 160,000$ 14,275$ a 9% 21,470$ Fed Funds/Grants/Restricted 9,534,032$ 9,292,681$ 553,253$ b 6% 623,751$ Vocational Education 27,000$ 27,000$ -$ a 0% 6,297$ Softdrink contract 50,000$ -$ -$ -$ Athletic Gate Receipts 125,000$ 160,000$ 26,719$ 17% 22,858$ Miscellaneous 130,000$ 210,000$ 53,870$ a 26% 22,361$ Food Service sales 1,700,000$ 1,700,000$ 165,514$ a 10% 184,747$ Reserve 5,281,200$ 5,281,200$ 5,281,200$ 100% 5,281,200$

Total Revenues & Reserve: 115,558,452$ 109,535,354$ 18,083,780$ 25,097,203$

Expenditures:Salaries 60,078,182$ 61,670,706$ 6,019,329$ c 10% 5,823,846$ Fringe Benefits 15,019,546$ 14,812,458$ 1,494,075$ c 10% 1,422,267$ Debt Service Payments 13,931,042$ 14,054,384$ 646,189$ d 5% 621,379$ Maintenance & Operations:

Maintenance 1,280,755$ 1,280,755$ 562,144$ e 44% 576,090$ Utilities 1,673,899$ 1,673,899$ 205,271$ 12% 247,033$ Transportation 914,873$ 964,873$ 125,179$ 13% 132,232$ Food Service 1,404,183$ 1,054,183$ 77,099$ a 7% 128,973$ Technology 606,207$ 606,207$ 58,724$ a 10% 146,137$ Curriculum & Instruction 1,850,812$ 2,132,201$ 1,076,299$ f 50% 767,060$ School Improv/Prog. Devlp. 235,422$ 235,422$ 75,962$ f 32% 74,265$ Athletics/Physical Education 323,926$ 323,926$ 78,776$ g 24% 120,652$ Grant Expenditures (not personnel) 1,200,000$ 1,045,233$ 233,448$ b 22% 661,183$ Miscellaneous 562,951$ 720,902$ 186,617$ a 26% 193,404$ Tuition 44,000$ 44,000$ -$ a 0% -$ C21 Curriculum 250,000$ 202,549$ 69,491$ f 34% 145,898$ Reserve 5,281,200$ 5,281,200$ 5,281,200$ 5,281,200$ Unrestricted Carryforward 3,000,000$ 3,432,456$ 3,000,000$ Restricted Carryforward 919,422$ -$ 919,422$ Total Expenditures & Reserve: 108,576,420$ 109,535,354$ 16,189,803$ 18,419,471$

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Executive SummaryFayetteville Public Schools

FY2012-2013Notes to Financial Report

a. Funding/Expenditures not incurred equally throughout the year.

b. Lower because ARRA funds were available in FY12.

c. First teacher payroll occurred in August

d. Debt service payments primarily due on December 1st and June 1st.

e. Expenditures are related to timing of projects and payment of insurance policies at the beginning of the school year.

f. Includes purchases of textbooks and other supplies purchased before beginning of school year.

g. Expenditures at the beginning of the school year include equipment and uniform expenses

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55%

14%

6%

5%

2%

1% 1%0%

10%

1%

0.73%

2% 2%

FY13 Expenditures thru 8/31/12

Salaries

Fringe Benefits

Debt Service Payments

Maintenance

Utilities

Transportation

Food Service

Technology

Curriculum & Instruction

School Improv/Prog. Devlp.

Athletics/Physical Education

Grant Expenditures (not personnel)

Miscellaneous

 $‐

 $1,000,000.00

 $2,000,000.00

 $3,000,000.00

 $4,000,000.00

 $5,000,000.00

 $6,000,000.00

 $7,000,000.00

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September 27, 2012

VISA Card Marketing Agreement

TO: Board of Education FROM: Lisa Morstad I will ask the Board to approve the Affinity Marketing Agreement with Arvest Bank that was presented at the August board meeting.

VIII-A1

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AFFINITY MARKETING AGREEMENT

This Affinity Marketing Agreement (the “Agreement”) is made and entered into as of ___________, (the “Effective Date”), by and between ARVEST BANK, Fayetteville, Arkansas (“Arvest”), and Fayetteville School District #1 (“Endorser”), with reference to the following:

WHEREAS, Arvest desires to market and promote the use of its VISA debit cards (collectively, the “Cards”) to its current and prospective customers using Endorser’s name, trademarks, service marks and logo (collectively, the “Marks”) upon the terms and conditions set forth herein; and

WHEREAS, Endorser desires to have its Marks identified on the Cards pursuant to the terms of this Agreement (each, an “Affinity Card,” and collectively, the “Affinity Cards”).

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1. Marketing of Affinity Cards. Throughout the Term (as hereinafter defined), Arvest and Endorser shall cooperate to develop advertising, marketing strategies and materials to promote the use of the Affinity Cards. In connection therewith, Arvest may, from time to time, present to Endorser promotional and solicitation strategies. Endorser shall provide to Arvest the artwork to be included on the Affinity Cards. Prior to use, Arvest and Endorser must mutually approve in writing (a) the promotional and solicitation strategies and the artwork, and (b) all advertising and marketing materials relating to the Affinity Cards, which approvals shall not be unreasonably withheld or delayed. Endorser shall not independently undertake any marketing of the Affinity Cards without Arvest’s prior written consent.

2. Marks. For the duration of the Term, Endorser hereby grants to Arvest a non-transferable, non-exclusive and royalty-free license to use the Marks on its Cards and in its advertising and marketing materials promoting use of the Affinity Cards as contemplated in this Agreement. Arvest shall have the non-exclusive right to utilize the Marks in connection with debit cards during the Term. Endorser represents and warrants that it is the owner of the Marks and has authority to grant the license extended hereunder. Endorser will deliver the Marks to Arvest within fifteen (15) days after execution of this Agreement. Nothing in this Agreement shall confer upon Arvest a proprietary interest of any kind in or to the Marks, other than the right to use the Marks in accordance with the terms and conditions of this Agreement.

3. Cardholders. Arvest will issue Affinity Cards to prospective customers based upon Arvest’s customary practices and shall make all decisions and bear all risk with respect to each customer’s account(s). Arvest shall be identified as the issuer of each Affinity Card and have the sole and exclusive right to make all determinations with respect to the terms and features and issuance of the Affinity Cards.

4. Term. The initial term of this Agreement shall begin on the Effective Date and continue until July 31, 2013 (“Initial Term”). This Agreement shall be reviewed annually by the Fayetteville School District #1 for successive periods of one (1) year each (each, a “Renewal Term”), unless either party delivers to the other party written notice, at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term, of its election not to extend this Agreement beyond the then-scheduled expiration date. The Initial Term and any Renewal Terms are collectively referred

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to herein as the “Term.” Notwithstanding the foregoing, if there is a material default by either party under this Agreement, and such default shall continue for a period of fifteen (15) days after written notice thereof, the non-defaulting party shall have the right to terminate this Agreement upon at least fifteen (15) days’ additional written notice.

Upon the expiration or termination of this Agreement, (a) Arvest shall discontinue use of the Marks; provided, however, that Arvest shall not be required to invalidate any Affinity Card issued during the Term prior to such Affinity Card’s normal expiration or termination date, and (b) for a period of one (1) year following such expiration or termination, Endorser agrees that it shall not, by itself or in conjunction with others, directly or indirectly, specifically target any offer of a debit card to any persons who are holders of Affinity Cards.

5. Condition. This Agreement is expressly made conditional upon Arvest’s receipt of written approval of the transactions contemplated herein and the design of the Affinity Cards from VISA U.S.A. Inc. If approval is not obtained within thirty (30) days after the execution of this Agreement, this Agreement shall automatically terminate, and each party shall be released from its obligations hereunder.

6. Indemnity. Endorser shall defend, indemnify and hold Arvest and its affiliates harmless from and against any and all claims, losses, liability, damages, costs and expenses (including reasonable attorneys’ fees) directly or indirectly arising from or related to any actual or alleged infringement (including contributory infringement), misappropriation or violation of any third party’s patents, copyrights, trade secret rights, trademarks or other intellectual property or proprietary rights of any nature in any jurisdiction, resulting from the use of the Marks or other materials produced hereunder. The respective rights and obligations of the parties under this section shall survive termination of this Agreement.

7. Other Affinity Programs. Endorser acknowledges that Arvest is, and shall remain during the Term, the issuer of Cards through this and other affinity programs which may be in competition with the Affinity Cards contemplated hereunder. Endorser acknowledges that the other programs may contain benefits and terms that are different from those offered under this Agreement.

8. Miscellaneous.

8.1 Assignment. Neither party may transfer or assign its rights or delegate its duties under this Agreement without the prior written consent of the other; provided, however, that Arvest may assign any of its rights and obligations hereunder to an affiliate or successor if such affiliate or successor assumes, either expressly or by operation by law, all of Arvest’s obligations hereunder.

8.2 Notices. Notices under this Agreement shall be in writing and shall be deemed to have been given when delivered in person one (1) business day after being sent by overnight courier, charges prepaid, or four (4) business days after being mailed, postage prepaid, by registered or certified mail, in each case to the address set forth below:

(a) If to Arvest:

Arvest Bank

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Attn: Rick Wood ABO RADS 125 Parkwood, Suite C Lowell, AR 72745

(b) If to Endorser:

Attention: ____________________________ Address: ____________________________ City: ____________________ State: ________ Zip: _________

or to such other address as any party may from time to time designate by notice given to the other party in the manner provided herein.

8.3 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arkansas.

8.4 Amendment; Waiver. This Agreement may be amended only by a written agreement signed by the parties hereto. A waiver of a breach of any provision of this Agreement by any party shall not operate or be construed as a waiver of any subsequent breach.

8.5 Binding Effect. This Agreement shall be binding upon all parties and their respective successors and permitted assigns.

8.6 Severability. If any provision of this Agreement as applied to any party or to any circumstances shall be adjudged by a court of competent jurisdiction to be void or unenforceable, the same shall in no way affect any other provision of this Agreement or the validity or enforceability of this Agreement.

8.7 Counterparts; Facsimile. This Agreement may be executed in counterparts, each of which will be deemed an original. A facsimile or other electronic transmission of a signed counterpart of this Agreement shall be sufficient to bind the party or parties whose signature(s) appear thereon.

8.8 No Agency. The parties are independent contractors. Nothing in this Agreement creates any agency, partnership, employment, joint venture, partnership or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other party.

8.9 Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof, and there are no agreements, understandings, specific restrictions, warranties or representations relating to such subject matter between the parties other than those set forth herein.

EXECUTED as of the day and year first above written.

ARVEST: ARVEST BANK

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By:

Name: __________________________ Title: ___________________________

ENDORSER: FAYETTEVILLE SCHOOL DISTRICT #1

By: Name: __________________________ Title: ___________________________

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September 27, 2012

ACSIP Statement of Assurance

TO: Board of Education FROM: Christie Jay I will ask the Board to approve the ACSIP Statement of Assurance.

VIII-B1

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8/13/2009 1

ARKANSAS DEPARTMENT OF EDUCATION ASSURANCES FOR PROGRAMS UNDER

THE ELEMENTARY AND SECOINDARY EDUCATION ACT OF 1965, AS AMENDED BY THE

NO CHILD LEFT BEHIND ACT OF 2001 PUBLIC LAW 107-110

The Arkansas Comprehensive School Improvement Plan (ACSIP) is for local education agency (LEA) use in requesting district funds for covered programs under the No Child Left Behind Act of 2001 (ACSIP also serves as the local schools schoolwide plan, targeted plan and/or school or LEA improvement plan). To assure the LEA’s eligibility for funds included in ACSIP, the Superintendent must provide an original signature attesting to compliance with all assurances applicable to each program for which the plan is submitted. The Neglected or Delinquent (Title I, Part D Subpart II), Technology (Title II, Part D) and McKinney-Vento Homeless Education Program applications are submitted separately. Please read and consider each item carefully as the LEA will be held accountable. All General Assurances must be checked. The certification line of each Title section must be checked. Please note that for each Title section not checked, funding will not be allocated. District Name ______________________________ LEA Code No. ________ CERTIFICATIONS ___________________I, the undersigned superintendent for the applicant school district, certify that:

1. The information provided in this application to support the following assurances Is correct, so far as I am able to determine.

2. The LEA will abide by the provisions of the approved plan/application for No Child Left Behind funds.

3. As the prospective lower tier participant neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant in unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (Executive Order 12549, 34 CFR Part 85, Section 85,510)

4. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee on any agency, a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement.

5. If any funds other than Federal appropriated funds have been paid or will be paid to any Person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

6. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly.

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8/13/2009 2

GENERAL ASSURANCES _____________________ I, the undersigned Superintendent for the above named LEA, hereby, assures the Arkansas Department of Education that: 1. ____Each such program will be administered in accordance with all applicable statutes,

regulations, program plans, and applications.

2. ____The LEA will comply with all applicable supplement not supplant and maintenance of effort requirements. §9521 – IV.B.1

(a) The control of funds provided under each program and title to property acquired with program funds will be in a public agency, a non-profit private agency, institution, organization, or Indian tribe, if the law authorizing the program provides for assistance to those entities; (b) the public agency, non-profit private agency, institution or organization, or Indian tribe will administer the funds and property to the extent required by the authorizing law.

3. ____The LEA will adopt and use proper methods of administering each such program, Including (a) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program; and (b) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation.

4. ____The LEA will cooperate in carrying out any evaluation of each such program conducted

by, or for, the State educational agency, the Secretary, or other Federal officials.

5. ____The LEA will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the applicant under each such program.

6. ____The LEA will – (a) submit such reports to the State educational agency (which shall make the reports available to the Governor) and the Secretary as the State educational agency and Secretary may require to enable the State educational agency and Secretary

to perform their duties under each such program; and (b) maintain such records, provide such information and afford such access to the records as the State educational agency (after consultation with the Governor) or the Secretary may reasonably require to carry out the State educational agency’s or the Secretary’s duties.

7. ____The LEA has consulted with teachers, school administrators, parents, and others in the

development of the local consolidated application/LEA Plan to the extent required under Federal law governing each program included in the consolidated application/LEA Plan.

8. ____Before the application was submitted; the LEA afforded a reasonable opportunity for public comment on the application and considered such comment.

TITLE I, PART A – Improving Basic Programs Operated by LEAs __________________ I, the undersigned Superintendent for the above named LEA, hereby, assures the Arkansas Department of Education that:

1. The LEA will participate, if selected, in the State National Assessment of Educational Progress in 4th and 8th grade reading and mathematics carried out under section 411(b)(2) of the National Education Statistics Act of 1994.

2. If the LEA receives more than $500,000 in Title I funds, it will allow 1% to carry out

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8/13/2009 3

NCLB Section 1118, Parent Involvement, including promoting family literacy and parenting skills; 95% of the allocation will be distributed to schools.

3. The LEA will inform eligible schools and parents of schoolwide program authority and the ability of such schools to consolidate funds from Federal, State, and local sources.

4. Technical assistance and support will be provided to schoolwide programs.

5. Pursuant to section 1114, the LEA will work in consultation with schools as the schools

develop the schools’ plans and assist schools as the schools implement such plans or undertake activities pursuant to section 1115 so that each school can make adequate yearly progress toward meeting the State student academic achievement standards.

6. The LEA will fulfill such agency’s school improvement responsibilities under section 1116,

including taking actions under paragraphs (7) and (8) of section 1116(b).

7. Services to eligible children attending private elementary schools and secondary schools will be provided in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services.

8. The LEA will take into account the experience of model programs for the educationally disadvantaged, and the findings of relevant scientifically based research indicating that services may be most effective if focused on students in the earliest grades at schools that

receive funds under this part.

9. If the LEA chooses to use funds under this part to provide early childhood development services to low-income children below the age of compulsory school attendance, that such services comply with the performance standards established under section 641A(a) of the Head Start Act.

10. The LEA will work in consultation with schools as the schools develop and implement their

plans or activities under sections 1118 and 1119.

11. The LEA will comply with requirements regarding the qualifications of teachers and paraprofessionals and professional development. §1112(c)(I) - (III.B.2)

12. The LEA will inform eligible schools of the local educational agency’s authority to obtain

waivers on the school’s behalf under Title IX.

13. The LEA will coordinate and collaborate with the State educational agency and other agencies providing services to children, youth, and families with respect to a school in school improvement, corrective action, or restructuring under section 1116 if such a school requests assistance from the local educational agency in addressing major factors that have significantly affected student achievement at the school.

14. Through incentives for voluntary transfers, the provision of professional development

recruitment programs, or other effective strategies, that low-income students and minority students are not taught at higher rates than other students by unqualified, out-of-field, or

inexperienced teachers. §1112(c)(IL) - (III.B.2)

15. The results of the student academic assessments required under section 1111(b)(3), and other measures or indicators available to the agency will be used to review annually the

progress of each school served by the agency and receiving funds under this part to determine whether all of the schools are making the progress necessary to ensure that all

students will meet the State’s proficient level of achievement on the State academic assessments described in section 1111(b)(3) within 12 years from the baseline year described in section 1111(b)(2)(E)(ii).

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16. That the results from the academic assessments required under section 1111(b)(3) will be provided to parents and teachers as soon as is practicably possible after the test is taken, in an understandable and uniform format and, to the extent practicable, provided in a language or other mode of communication that the parents can understand.

17. The LEA will assist each school served by the agency and assisted under this part in developing or identifying examples of high-quality, effective curricula consistent with section

1111(b)(8)(D).

18. Schools in school improvement status will spend not less than ten percent of their Title I funds to provide professional development (in the area[s] of identification to teachers and principals) for each fiscal year.

19. Where applicable, the applicant will comply with the comparability of services

requirement under section 1120A(c). In the case of a local educational agency to which comparability applies, the applicant has established and implemented an agency-wide salary schedule; a policy to ensure equivalence among schools in teachers, administrators, and other staff; and a policy to ensure equivalence among schools in the provision of curriculum materials and instructional supplies. Documentation will be on file to demonstrate that the salary schedule and local policies result in comparability and will be updated biennially.

20. The LEA will require each principal of each Title I school – whether operating as a targeted assistance or schoolwide program – to attest annually that the school is in compliance with Section 1119 regarding the qualifications of its teachers and paraprofessional staff and will maintain such documentation at the school site and at the LEA office to be available by public request. (ESEA states “All Title I teachers hired after the 2002-2003 school year were highly qualified at the time of hire”.) §1119(a)(1) – (I.4)

21. The LEA will require each principal of each Title I school – whether operating as a

targeted assistance or schoolwide program – to provide to each individual parent timely notice that the parent’s child has been taught for four or more consecutive weeks by a teacher who is not highly qualified (section 111(h)(6) PARENTS RIGHT TO KINOW, paragraph B),

§1111(h)(I6)IB)(ii) and AR Code §6-17-309; LIC 07-005

TITLE II, PART A - Preparing, Training and Recruiting High Quality Teachers and Principals ____________________ I, the undersigned Superintendent for the above named LEA, hereby, assures the Arkansas Department of Education that:

01. The LEA will target funds to schools with the jurisdiction of the local education educational agency that have the lowest proportion of highly qualified teachers, have the largest average class size, or are identified for school improvement under section 1116(b).

02. The LEA will comply with section 9501 (regarding participation by private school children and

teachers). 03. The LEA conducted a comprehensive and collaborative needs assessment that involved

teachers, paraprofessionals, principals, parents and other relevant school personnel. The results are used to create a plan that increases the number of highly qualified teachers in every classroom in core academic subjects, increase the percentage of teachers participating

in high quality professional development including training on effective instructional strategies,

and in use of State academic content standards and assessments. (Section 2122(c))

4. The plan demonstrates the integration of other relevant Federal, State and local program funds. (Section 2122(3)(4)).

5. The LEA developed and incorporated in their plan an assessment that provides for annual

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8/13/2009 5

yearly progress that objectively measures the impact of authorized activities such as professional development, teacher and principal incentives, class size reduction, recruitment and training of teachers, and how it results in significantly closing the achievement gap of low income and minority students from other students. (Section 1119(b)(1)(A))

6. The LEA plan, and authorized activities, gives priority of resources for professional development and authorized activities to teachers in low-performing schools.(Section2122(3)(c))

7. The LEA will use funds to meet the requirements contained in Title II, Part A, and all other applicable provisions of the ESEA Reauthorization of 2001 and will submit necessary documentation of compliance with requirements upon request. (Section 2121)

8. All teachers paid with Title II, Part A funds for class size reduction are highly qualified. §2123(a)(2)(B) – (I.5)

TITLE II, PART D – Educational Technology (Applicable to those LEAs that have projects funded under this part) __________________ I, the undersigned Superintendent for the above named LEA, hereby, assures the Arkansas Department of Education that: 1. The LEA has an updated, local, long-range, strategic, educational technology plan in place that address local initiatives and is consistent with the objectives of the statewide technology plan. 2. The LEA will maintain records that disclose the type and cost of technology acquired with Educational Technology Funds. 3. The LEA will target funds available under this part to ensure funds will be used to carry out activities consistent with the program and the LEAs local technology plan. 4. A minimum of 25% of funds will be used to provide ongoing, sustained, and intensive high quality professional development in the integration of advanced technology into curricula and instruction and in using those technologies to create new learning environments.

5. The LEA will collaborate with adult literacy service providers. 6. Technology related efforts funded through sources other than Title II-D are consistent with best practice as outlined in the local technology plan.

TITLE III, Part A – Language Acquisition and Language Enhancement (Applicable to those LEAs that have projects funded under this part) _____________________ I, the undersigned Superintendent for the above named LEA, hereby, assures the Arkansas Department of Education that:

1. The LEA assures that all teachers in any language instruction program for limited English proficient (LEP) children are fluent in English and any other language used for instruction, including written and oral communications skills. 2. Programs funded under this part will develop and implement research-based language instruction programs and academic content instruction programs for LEP students. 3. The LEA will comply with the parental notification provisions under section 3302 throughout the school year.

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8/13/2009 6

4. The LEA will annually assess the English language proficiency of LEP students to ensure students are making adequate yearly progress using a valid and reliable instrument.

5. The LEA program is designed to enable LEP students to speak, read, write, and comprehend the English Language and to meet Arkansas Academic Standards.

6. The LEA is compliant with all State laws and rules, including federal civil rights laws and rules regarding the education of limited-English-proficient students, consistent with Sections 3126 and 3127. TITLE IV, PART A – Safe and Drug Free Schools and Communities ______________________ I, the undersigned Superintendent for the above named LEA, hereby, assures the Arkansas Department of Education that: 1. The LEA drug and violence prevention programs supported under this subpart convey a clear and consistent message that acts of violence and the illegal use of drugs are wrong and harmful. 2. The LEA and schools to be served have, a plan for keeping schools safe and drug-free that includes--

(A) appropriate and effective school discipline policies that prohibit disorderly conduct, the illegal possession of weapons, and the illegal use, possession, distribution, and sale of tobacco, alcohol, and other drugs by students; (B) security procedures at school and while students are on the way to and from school; (C) prevention activities that are designed to create and maintain safe, disciplined, and drug-free environments; (D) a crisis management plan for responding to violent or traumatic incidents on school grounds; and (E) a code of conduct policy for all students that clearly states the responsibilities of students, teachers, and administrators in maintaining a classroom environment that--

(i) allows a teacher to communicate effectively with all students in the class; (ii) allows all students in the class to learn; (iii) has consequences that are fair, and developmentally appropriate; (iv) considers the student and the circumstances of the situation; and (v) is enforced accordingly.

3. The activities or programs to be funded will comply with the required principles of effectiveness.

4. The LEA application and any waiver request under section 4115(a)(3) will be available for public review after submission of the application; and such other assurances, goals, and objectives identified through scientifically based research that the State may reasonably require in accordance with the purpose of this part.

5. Funds under this subpart will be used to increase the level of State, local, and other non- Federal funds that would, in the absence of funds under this subpart, be made available for programs and activities authorized under this subpart, and in no case supplant such State, local, and other non-Federal funds.

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8/13/2009 7

TITLE I, PART D – Children or Youth who are Neglected, Delinquent or At-Risk (Applicable to those LEAs that have projects funded under this part)

________________________I, the undersigned superintendent for the above named local educational agency (LEA), assure the Arkansas Department of Education that:

1. The LEA will carry out high quality education programs to prepare youth for secondary school completion, training, employment, or further education.

2. Children and youth will be provided activities to facilitate the transition of such youth from the correctional program to further education or employment.

3. The LEA will operate dropout prevention programs in local schools for youth at risk of dropping out of school and youth returning from correctional facilities, if applicable.

4. The LEA will administer the Title I program to assist students residing in a local institution for delinquent children in accordance with the applicable Assurances and Certifications in the LEA Plan.

5. The LEA will assist in locating alternative programs through which students can continue their education if the students are not returning to school after leaving the correctional facility or institution for neglected or delinquent children and youth.

6. The LEA will work with parents to secure parents' assistance in improving the educational achievement of their children and youth, and preventing their children's and youth's further involvement in delinquent activities.

7. The LEA will work with children and youth with disabilities in order to meet an existing individualized education program and an assurance that the agency will notify the child's or youth's local school if the child or youth —

(A) Is identified as in need of special education services while the child or youth is in the correctional facility or institution for neglected or delinquent children and youth; and

(B) Intends to return to the local school.

8. The LEA will work with children and youth who dropped out of school before entering the correctional facility or institution for neglected or delinquent children and youth to encourage the children and youth to reenter school once the term of the incarceration is completed or provide the child or youth with the skills necessary to gain employment, continue the education of the child or youth, or achieve a secondary school diploma or its recognized equivalent if the child or youth does not intend to return to school.

9. Teachers and other qualified staff are trained to work with children and youth with disabilities and other students with special needs taking into consideration the unique needs of such students.

10. The programs under this subpart will be coordinated with any programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) or other comparable programs, if applicable. 11. The LEA shall reserve not less than 15 percent and not more than 30 percent of the amount such agency receives under this part for the provision of transition services.

McKinney-Vento Homeless Education Program (Applicable to those LEAs that have projects funded under this part)

1. The LEA will adopt policies and practices to ensure that homeless children and youths are not stigmatized or segregated on the basis of their status as homeless.

2. The LEA will designate an appropriate staff person as an LEA liaison for homeless children and youths, to carry out the duties described in Title X, Part C, section 722, paragraph (6)(A).

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3. The LEA will adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian (or in the case of an unaccompanied youth, the liaison), to and from the school of origin in accordance with the provisions of Title X, Part C, section 722, paragraph (6)(J)(ii).

5. The LEA will adopt policies and practices to ensue immediate enrollment of homeless children. Kinney-Vento Education for Homeless Children and Youth in accordance with all applicable statutes, regulations, program plans and applications.

BOARD APPROVAL AND SUPERINTENDENTS SIGNATURE The School Board of _________________________________ approved and recorded in its minutes the set of assurances stated above at a meeting held on ________________ and further authorized the Superintendent to sign such assurances as required by Section 9306 and to submit an Arkansas Comprehensive School Improvement Plan (application) to the Arkansas Department of Education as required by Section 9305.

Superintendent (Typed Name) Superintendent Signature Date

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September 27, 2012

2012-13 Special Education Budget

TO: Board of Education FROM: Debra Wilson I will ask the Board to approve the 2012-13 special education and related services budget application.

VIII-C1

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September 27, 2012

Change Order for Rock Excavation

TO: Board of Education FROM: Jared Brown I will ask the Board to approve a change order for $522,403.80 for additional rock excavation for the Fayetteville High School North project.

VIII-D1

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September 27, 2012

Bike Education for 3rd – 5th Grade Students

TO: Board of Education FROM: John L Colbert I will introduce Paxton Roberts from the Bicycle Coalition of the Ozarks who will provide an update on the success of the Bicycle Education Program in the nine elementary schools.

IX-A1

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September 27, 2012

Construction Update

TO: Board of Education FROM: Vicki Thomas An update on district construction projects will be given.

IX-B1

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...

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September 27, 2012

Accountability System Update

TO: Board of Education FROM: Kay Jacoby & Sarah McKenzie Dr. McKenzie and I will review the major features of the new Arkansas State Accountability System and its implications for two of our campuses, FHS and Washington Elementary, which have been identified as FOCUS schools.

IX-C1

Page 49: Board of Education Thursday, September 27, 2012, 5:00 PM ...Sep 27, 2012  · Board of Education Thursday, September 27, 2012, 5:00 PM Adams Leadership Center, Winborn Conference Room

September 27, 2012

Coke Contract

TO: Board of Education FROM: Vicki Thomas I will present the school beverage agreement with Great Plains Coca-Cola Bottling Company. This is a three year agreement, which expires on June 30, 2015. The Board will be asked to approve this agreement at the October board meeting.

IX-D1

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September 27, 2012

Employee Bonus

TO: Board of Education FROM: Lisa Morstad I will present information regarding a one-time 3% staff bonus.

IX-E1

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September 27, 2012

X. Expulsion Hearings

XI. Adjournment