San Jacinto College€¦ · May 29, 2009 . NOTICE OF MEETING . BOARD OF TRUSTEES . SAN JACINTO...

Board of Trustees Meeting

June 1, 2009

May 29, 2009

NOTICE OF MEETING

BOARD OF TRUSTEES SAN JACINTO COMMUNITY COLLEGE DISTRICT

The Board of Trustees of the San Jacinto Community College District will meet at 5:00 p.m., on Monday, May 4, 2009, in Room 201 of the Thomas S. Sewell District Administration Building, 4624 Fairmont Parkway, Pasadena, Texas for a Board Workshop.

BOARD WORKSHOP AGENDA

I. First Time in College (FTIC) Fall to Spring Persistence

II. Development of College Metrics

III. Discussion of Annual Goals and Timeline

IV. Communications

V. Board Orientation Documents

VI. Dinner

VII. Hurricane Preparedness

VIII. Calendar

IX. General Discussions

May 29, 2009

NOTICE OF MEETING BOARD OF TRUSTEES

SAN JACINTO COMMUNITY COLLEGE DISTRICT

The Board of Trustees of the San Jacinto Community College District will meet at 7:00 p.m., Monday, June 1, 2009, in Room 104 of the Thomas S. Sewell District Administration Building, 4624 Fairmont Parkway, Pasadena, Texas.

BOARD MEETING

AGENDA

I. Call the meeting to order/certify posting notice II. Invocation and Pledge to the Flag III. Special Announcements, Recognitions, Presentations Baseball Team – Region IV Championship Dr. Allatia Harris Dr. Julia Jay as Central Campus 2008-2009 Outstanding Faculty And 2009 Minnie Stevens Piper Award Recipient Dr. Neil Matkin IV. Institutional Outcomes Report V. Achieving the Dream Student Success Presentation Update on K-16 Bridge Program Clear Horizons – First Graduating Class VI. Communications to the Board of Trustees VII. Hearing of such citizens or groups of citizens desiring to be heard before

the Board Informative reports to the Board A. Resource Development Report on Gifts and Grants B. Financial Statement and Current Expenditures ACTION ITEMS VIII. Administer Oaths of Office to Trustees Adjournment to Closed or Executive Session Pursuant to Sections 551.071 to 551.074 of Chapter 551, the Open Meetings Act, Texas Government Code for the Following Purpose: Personnel - To deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: A. To deliberate the election of officers for the Board of Trustees. B. To deliberate an amendment to the Chancellor’s contract.

/Notice of Meeting/June 1, 2009 Reconvene in Open Meeting for Consideration of Items Discussed in Closed Session IX. Election of Officers for the Board of Trustees X. Approval of an Amendment to the Chancellor’s Contract XI. Approval of an Amendment to the 2008-2009 Budget for Restricted Revenue and Expenses Relating to Federal and State Grants XII. Approval of Leasing Agreement with BP Corporation XIII. Approval to Extend Current Insurance Policies to April 30, 2010 XIV. Approval of Copier Lease Program XV. Approval of Patton Boggs LLP Consulting Agreement with Attachment I XVI. Consideration of Approval of an Order Authorizing the Issuance of San Jacinto Community College District Limited Tax General Obligation Bonds, Series, 2009; Authorizing the Vice Chancellor of Fiscal Affairs to Approve the Amount, the Interest Rate, Price, and Terms Thereof and Certain Other Procedures and Provisions Related Thereto XVII. Consideration of Approval to Designate General Contractor During Emergency Closure XVIII. Approval of Property Tax Exemptions for the Tax Year 2009 XIX. Approval to Establish Twilight Green Fees CONSENT AGENDA

(Any item placed on the consent agenda shall be removed and taken up as a separate matter, if so requested by any member of the Board, otherwise all items will be voted on with one (1) motion.) A. Approval of the Minutes for May 4, 2009 Regular Board Meeting B. Approval of the Budget Transfers C. Approval of Personnel Recommendations D. Approval of Level 2 Distinguished Faculty Contract Recommendations E. Approval of the Affiliation Agreements F. Next Regularly Scheduled Meeting

Items for Discussion/Possible Action (continued)

(Items removed from the Consent Agenda, will be considered at this time) Reports from Board Committees (when applicable) XX. Consideration of Bids

XXI. Strategic Issues Discussion

/Notice of Meeting/June 1, 2009 XXII. Adjournment

San Jacinto College FoundationStatement of Financial Position

As of April 30, 2009

ASSETSCurrent Assets

Checking/SavingsGeneral Fund 1,512,184$ Other Funds -

Total Checking/Savings 1,512,184

Accounts ReceivableScholarship Receivables 26,800 Special Events Receivables 34,247 Allowance (3,428) Discounts (199)

Total Accounts Receivable 57,420

Other Current AssetsING Funds 283,120 Franklin Templeton Investments 1,149,719 Paydenfunds 1,522,241 CGM Funds 604,980

Total Other Current Assets 3,560,060

Total Current Assets 5,129,664

TOTAL ASSETS 5,129,664$

LIABILITIES & EQUITYLiabilities

Current LiabilitiesAccounts Payable

Event Payable 11,172$ Grants Payable 7,916 Programs Payable 3,398 Scholarships Payable 327,239

Total Accounts Payable 349,725

Total Current Liabilities 349,725

Total Liabilities 349,725

EquityNet Assets 5,044,141 Net Income (264,202)

Total Equity 4,779,939

TOTAL LIABILITIES & EQUITY 5,129,664$

San Jacinto College Foundation Statement of Activities

For The Period July 1 to April 30

2009 2008 $ ChangeOrdinary Income/Expense

IncomeContributions 1,059,857$ 1,631,617$ (571,760)$

Total Income 1,059,857 1,631,617 (571,760)

ExpenseGrants Awarded 19,455 13,181 6,274 Innovative Initiatives 43,315 63,542 (20,227) Programs Sponsored 49,816 13,040 36,776 Scholarships Awarded 874,145 835,226 38,919

Total Expense 986,731 924,989 61,742

Net Ordinary Income 73,126 706,628 (633,502)

Other Income/ExpenseOther Income

Fundraising Events 117,083 186,716 (69,633) Donation Income 10,552 - 10,552 Investment Income (439,740) 2,177 (441,917)

Total Other Income (312,105) 188,893 (500,998)

Other ExpenseBad Debt 832 - 832 Foundation Expenses 22,141 55,414 (33,273) Sponsorship Expenses 2,250 6,625 (4,375) Suspense - - -

Total Other Expense 25,223 62,039 (36,816)

Net Other Income (337,328) 126,854 (464,182)

Net Income (264,202)$ 833,482$ (1,097,684)$

April 1, 2009 - April 30, 2009

Contributions Over $1000Donor Amount FundACR Engineering, Inc. $1,000 Bill and Jackie Lindemann ScholarshipBay Architects $1,000 Bill and Jackie Lindemann ScholarshipBrooks & Sparks, Inc. $1,000 Bill and Jackie Lindemann ScholarshipBuilding Exterior Solutions, LLC $1,000 Bill and Jackie Lindemann ScholarshipCCA Texas $2,500 Scholarships In/OutConstruction Masters of Houston $2,000 Bill and Jackie Lindemann ScholarshipDansby & Miller Architects $1,000 Bill and Jackie Lindemann ScholarshipEnterprise Jet Center $1,025 Scholarships In/OutGrainger Foundation $5,000 Central Automotive TechnologyHTS, Inc. Consultants $1,000 Bill and Jackie Lindemann ScholarshipLaPorte Education Foundation $5,000 Scholarships In/OutLubrizol $2,000 Energy Venture ScholarshipsMcGraw-Hill Companies $3,464 Central Biology Department RoyaltiesCasey McMahan Scholarship $1,000 Scholarships In/OutJohn and Rose Moon $25,000 Don and Barbara Carpenter ScholarshipNRG Energy $3,000 Energy Venture ScholarshipsRohm & Haas Texas $3,000 Energy Venture ScholarshipsShell Oil Company $3,000 Central Process Technology

ACR Engineering, Inc. $2,500 2009 MonopolyBayshore Medical Center $2,500 2009 MonopolyBrooks & Sparks, Inc. $1,200 2009 MonopolyCenterPoint Energy $1,500 2009 Fashion ShowHTS, Inc. Consultants $1,200 2009 MonopolyMeador Staffing Services $2,500 2009 MonopolyMoon Credit Corporation $1,200 2009 MonopolyMosher, Seifert & Company $1,000 2009 MonopolySouth Belt-Ellington Leader $1,300 2009 MonopolyTexas Chiropractic College $1,200 2009 MonopolyThompson & Horton LLP $2,500 2009 Monopoly

Employee ContributionsVarious $300 2009 Fashion ShowVarious $2,400 2009 Evening of MonopolyVarious $2,700 Bill and Jackie Lindemann ScholarshipVarious $200 Central Automotive Technology

Action Item “VIII” Regular Board Meeting June 1, 2009

Administer Oaths of Office to Board of Trustees

Action Item “IX” Regular Board Meeting June 1, 2009

Election of Officers for the Board of Trustees

Action Item “X”

Regular Board Meeting June 1, 2009 Consideration of Approval of an Amendment to the Chancellor’s Contract

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve an amendment to the Chancellor’s Employment Contract dated August 13, 2007. IMPACT OF THIS ACTION Section 5.1 of the contract required the implementation of the administrative reorganization approved by the Board of Trustees in June 2007. The Chancellor with the support of the Board of Trustees has determined that the administrative structure for San Jacinto College District should be developed based on the current and changing needs of the college district and will not be prescribed by the 2007 reorganization plan. The contract amendment will provide for the Chancellor to manage the administration of the College in this manner. RESOURCE PERSONNEL Dr. Brenda Hellyer, Chancellor

Action Item “XI” Regular Board Meeting June 1, 2009

Consideration of Budget Amendment

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve an amendment to the 2008-2009 budget for restricted revenue and expenses relating to federal and state grants. BACKGROUND Federal, State, and Local grant activity is ongoing as amendments to currently active grants are processed and new grants are awarded. In order to fund the instructional objectives of the grants, grant operating budgets must be established in a timely manner. This request for a budget amendment reflects the additions to restricted revenues and restricted expenses as a result of amendments and new awards received during the month of May, 2009. IMPACT OF THIS ACTION Approval of the budget amendment will allow the District staff to make fully operational the additionally funded award amounts. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) Restricted revenues and restricted expenses will each be increased by $61,417, so the net impact on the District budget is zero. Existing staff and any additional staff provided for in the amendment are fully paid from grant funds. MONITORING AND REPORTING TIMELINE The Office of Grants Management provides continuous monitoring of grant operations which are included in the annual financial report to the Board. ATTACHMENTS Attachment 1- Budget Amendments 06-01-09 Attachment 2- Grant Detail 06-01-09 RESOURCE PERSONNEL Ken Lynn 281.998.6306 [email protected] Kelly Chapman Simons 281.998.6123 [email protected]

Amount(Decrease)

Fund Org. Acct. Prog. Increase

SBA/UH Small Business Development Center (Additional Funds)Federal Grant Revenue 215196 56700 554100 110000 (35,901) Contractual Svs - Advertising 215196 56700 731355 360963 11,485 Equipment - Computer/Lab 215196 56700 741121 360963 17,074 Operating Supplies- Consumable 215196 56700 711410 360963 342 Contractual Svs - Lease - Facilities 215196 56700 731730 360963 7,000

-$ DOE/TEA/CCISD English Literacy and Civics Education Grant (ElCivics) (Additional Funds)Federal grant revenue 218816 56700 110000 554200 (7,020) S/A Tuition and Fees (CPD) 218816 56700 520235 751009 7,020

- Process Technology Grant (Additional Funds)Local Grant Revenue 265602 56700 554400 110000 (18,496) Non-Instr Labor - Staff 265602 56700 612000 660945 2,000 PT - Institutional 265602 56700 614100 660945 2,000 Benefits 265602 56700 650000 660945 651 Supplies- Consumable 265602 56700 711110 660945 3,245 Contractual Svcs-Catering/Meals 265602 56700 731270 660945 2,000 Contract Svcs - Equip Repairs/Maint 265602 56700 731320 660945 8,000 S/A - Books & Supplies 265602 56700 751120 660945 600

-

Net Increase (Decrease) -$

SAN JACINTO COLLEGE DISTRICTFederal, State, and Local Grant Amendments

June 1, 2009

Attachment 1 - Budget Amendments 06-01-09

Attachment 2 – Grant Detail – 06-01-09

June 09 Board Book – Grant Amendments Detail List SBA/UH Small Business Development Center (SBDC) (Additional Funds) The SBDC grant mission is to develop portable assistance for startup and existing businesses. Goals are business starts, business expansions, job creation, job retention and access to capital. SBDCs offer training seminars as well as confidential, cost-free counseling to small business owners as well as budding entrepreneurs. SBDCs routinely work with economic development corporations, chambers of commerce, and lenders to assist the small business community. DOE/TEA/CCISD English Literacy and Civics Education Grant (ElCivics) (Additional Funds) This program assists people to effectively participate in education, work, and civic opportunities in this country. Immigrants and other limited English proficient persons must not only master English, but be able to understand and navigate governmental, educational, workplace systems and key institutions, such as banking and health care. Congress has reserved funding under the Adult Education and Family Literacy Act (AEFLA) for "integrated English literacy and civics education services to immigrants and other limited English proficient populations." Grant awards for EL/Civics Education projects will result in integrated instructional programs and services that incorporate both English literacy instruction and civics education. Shell Process Technology Grant (Additional Funds) The Process Technology funding supports training for students who seek an education to obtain employment in the industries that use and control mechanical, physical or chemical processes to produce a final product. These funds support programs for students who are currently enrolled or are planning to enroll in the Process Technology (or Instrumentation Technology) certification and/or two-year degree program. This action combines funds from the Foundation in a more focused approach for this project.

Action Item “XII” Regular Board Meeting June 1, 2009

Consideration of Approval of Leasing Agreement with BP Corporation

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve the renewal of a lease agreement with BP Corporation North America Inc. (BP) to lease classroom space in the Ball Technical Building at Central campus for instruction related to their non-destructive testing lab. BACKGROUND BP leases classroom B107 and the adjoining office in room B105D which includes approximately 2,500 square foot of space in the Ball Technical Building at the Central campus for instructional purposes related to non-destructive testing in order to provide ongoing training for BP’s staff training. When not in use, BP allows San Jacinto College to utilize the classroom and equipment for instructional purposes related to non-destructive testing curriculum at no charge. BP has been leasing this classroom space since 2003. IMPACT OF THIS ACTION BP has been a training partner of the College for six years from which a mutually beneficial relationship has developed. By leasing available space at Central campus to BP the College has access to non-destructive testing equipment currently used in the industry which would otherwise be unavailable to students taking coursework in this field of study. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) This agreement does not require any staffing adjustments. For use and occupancy of the leased premises BP agrees to pay the College in good funds the sum of seventy-five thousand dollars ($75,000) payable in twenty-four monthly installments of $3,125. MONITORING AND REPORTING TIMELINE The term of the new lease is for twenty-four (24) months effective March 1, 2009 through February 28, 2011. ATTACHMENTS None RESOURCE PERSONNEL Steven Horton 281.476.1634 [email protected] Ann Kokx-Templet 281.998.6103 [email protected]

Action Item “XIII” Regular Board Meeting June 1, 2009

Consideration of Approval to Extend Current Insurance Policies to April 30, 2010

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve an extension of insurance coverage provided by Travelers, Illinois National Insurance Company and Lexington Insurance Company procured through McGriff, Seibels & Williams of Texas, Inc. for the period of September 1, 2009 through April 30, 2010. BACKGROUND Since Hurricane Katrina caused extensive damage in New Orleans in 2005, and more recently with Hurricane Ike, property insurance covering named storms in the Gulf Coast region has been very limited. The College previously purchased insurance for an annual term of September 1st to August 31st. This policy term coincided with the College fiscal year as prescribed by the THECB. While convenient for budgeting purposes, such a policy year isn’t desirable for insurance coverage and pricing reasons. On September 13th when Hurricane Ike made landfall (less than two weeks after the purchase of a new policy) the College was still operating under binder coverage and did not have an actual policy in hand. In order to avoid a similar situation in the future and move the renewal pricing out of the heart of hurricane season, it would be beneficial for the College to extend our current insurance coverage for a period of eight (8) months to a new expiration date of April 30, 2010. McGriff, Seibels & Williams, the College’s current agent for insurance coverage, has presented a package of coverage from our current carriers providing combined limits of $200,000,000, for total property valuation of $414,494,890. In light of the losses sustained by San Jacinto College and other area policy holders due to Hurricane Ike, previous premium rates were not able to be extended for the new term. The insurance underwriters have affirmed that the rate for general liability, educators’ liability and auto package will not increase by more than 6%. The premium for windstorm/property insurance will not exceed a 27% increase from last year’s pre-Hurricane Ike rate. The combined quoted premium for the eight month policy extension will not exceed $1,240,071. A proposal spreadsheet for property and casualty coverage is attached. The proposals have been reviewed and recommended by the College insurance consultant, Mr. Robert (Bob) Reim. Due to the time required to process and bind coverage for flood insurance, the agent did not have the lead time required to process short policy year policies to begin September 1st. Flood coverage will be renewed on a September 1 to August 31 policy year, but will be cancelled on April 30, 2010 and written for a May 1, 2010 to April 30, 2011 period which will have the policies run concurrently for the new policy year. Flood insurance is written through the National Flood Insurance Program (NFIP) and the Rick Tinker Insurance agency. Because the major claims related to Hurricane Ike were windstorm related, no increase in flood premiums is anticipated at renewal on September 1. IMPACT OF THIS ACTION Approval of this request will provide property and casualty insurance coverage for the College District for the period of September 1, 2009 through April 30, 2010. By moving the renewal date of insurance policies to May 1st the College will ensure that policies are issued and in-hand before the

Action Item “XIII” Regular Board Meeting June 1, 2009

Consideration of Approval to Extend Current Insurance Policies to April 30, 2010

onset of hurricane season. Issuing Requests for Proposals (RFP) for insurance coverage in the Spring may also result in more favorable premiums. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) The total estimated expenditure for this request is $1,240,071. Premiums shall be funded from the 2009-2010 District Non-Departmental accounts. MONITORING AND REPORTING TIMELINE N/A ATTACHMENTS Attachment 1 – Premium extension calculations RESOURCE PERSONNEL Kenneth Lynn 281.998.6306 [email protected] Ann Kokx-Templet 281.998 .6103 [email protected] Nancy McShane 281.998.6303 [email protected]

Coverage Carrier(s)

2008-2009 Premium Excluding

Taxes/Fees 8 Month

Extension

Total incl 4.91% Surplus

Lines Taxes/Fees if

applicable

8 Months Pro-Rata of

Original Contract Difference % Change

General Liability St. Paul Travelers 46,587$ 33,049$ 33,049$ 31,058$ 1,991$ 6.41%Employee Benefits St. Paul Travelers 475$ 337$ 337$ 317$ 20$ 6.42%Law Enforcement Liability St. Paul Travelers 6,272$ 4,450$ 4,450$ 4,181$ 269$ 6.43%Auto Liability St. Paul Travelers 36,018$ 25,552$ 25,552$ 24,012$ 1,540$ 6.41%Auto Physical Damage St. Paul Travelers 9,541$ 6,769$ 6,769$ 6,361$ 408$ 6.42%Crime St. Paul Travelers 1,885$ 1,337$ 1,337$ 1,257$ 80$ 6.39%Umbrella St. Paul Travelers 7,655$ 5,431$ 5,431$ 5,103$ 328$ 6.42%Educators/Professional Liability Illinois National 37,697$ 26,490$ 26,490$ 25,131$ 1,359$ 5.41%Windstorm/Property w/ taxes Lexington 1,276,699$ 1,136,656$ 1,192,466$ 834,010$ 302,645$ 23.71%

1,240,071$

8 Month Extension Rates/PremiumsSeptember 01, 2009 to April 30, 2010

Above assumes the current exposure base remains constant including no change in loss history.

Attachment 1 – Premium extension calculations

Action Item “XIV” Regular Board Meeting June 1, 2009

Consideration of Approval to Establish Copier Lease Program ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve an agreement to initiate a copier equipment leasing agreement with Konica Minolta Printing Solutions USA, Inc. BACKGROUND The College seeks to lease Konica Minolta copier equipment, service, supplies and accessories from Konica Minolta Printing Solutions USA, Inc. to support the ongoing technology replacement initiative. New equipment will be phased in on an as needed basis and existing owned equipment will be replaced with leased equipment when they become obsolete or cost prohibitive to maintain. The new leased equipment will be individually configured to meet the needs or the end users and will serve as multi-function products which may include not only coping, but printing, scanning, emailing and faxing options. Lease Program - This program is also referred to as an operating lease. It is one of the most effective methods for managing technology transitions and reducing cost of ownership. The College will return the equipment to Konica Minolta at the conclusion of the lease term for the purpose of refreshing the leased technology. The lease under consideration is a four year operating lease which will establish a “refresh cycle”. This allows orders to be placed and equipment scheduled for lease in variable increments to accommodate budget restrictions. Lease terms will customarily be 48 months but can be customized to best meet the needs of the department. The price of copiers, installation and lease return shall remain fixed for the term of each copier lease. The lease will be made through the State of Texas Department of Information Resources (DIR) cooperative contracts program. DIR contracts have been executed from solicitations that have been competitively bid and awarded by DIR. DIR is responsible for all cooperative contract programs that enable state entities to efficiently pool their purchasing power to drive down costs. The contract identification # is DIR-SDD-512. Based on a cost analysis and approved purchase requests, forty copy machines were identified that would be further assessed for inclusion the first phase of the implementation. The first leased of copiers will begin to arrive in July 2009. Additional copiers will be added on an as needed basis. IMPACT OF THIS ACTION The lease represents an opportunity to update the current copier machine fleet with state of the art equipment that may consolidate existing machines and provide a cost savings and more effective work environment by providing reliable equipment to better meet the needs of faculty and staff across the College. This copier lease program is congruent with the technology initiative to distribute technology to ensure that all employees and students of San Jacinto College are successful in accomplishing their goals. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) The initial phase of leased copiers will include approximately forty new leased copiers at an estimated annual cost of $160,000. As new copiers are added to the lease program this amount will increase but will be offset by a reduction in capital expenditures otherwise required to purchase new copier equipment.

Action Item “XIV” Regular Board Meeting June 1, 2009

Consideration of Approval to Establish Copier Lease Program As new leased equipment is installed in each department, the corresponding budget authorities will identify the amount historically allocated for the purchase of copier equipment or copier maintenance from their department budgets and reallocate those funds to a centralized budget from which the leases will be funded beginning with the 2009-2010 fiscal year. MONITORING AND REPORTING TIMELINE N/A ATTACHMENTS Attachment No. 1 DIR Contract DIR-SDD 512 RESOURCE PERSONNEL Kenneth Lynn 281.998.6306 [email protected] Ann Kokx-Templet 281.998.6103 [email protected]

DIR Contract No. DIR-SDD-512

Vendor Contract No. ________________

STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES

CONTRACT FOR PRODUCTS AND RELATED SERVICES

KONICA MINOLTA PRINTING SOLUTIONS USA, INC.

1. Introduction

A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter “DIR”) with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and Konica Minolta Printing Solutions USA, Inc. (hereinafter “Vendor”), with its principal place of business at One Magnum Pass, Mobile, AL 36618.

B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Texas Building and Procurement Commission’s Electronic State Business Daily, Request for Offer (RFO) DIR-SDD-TMP-083, on August 1, 2006, for Printer Products and Related Services. Upon execution of this Contract, a notice of award for RFO DIR-SDD-TMP-083 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence This Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor’s Historically Underutilized Businesses Subcontracting Plan; Exhibit 1, Vendor’s Response to RFO DIR-SDD-TMP-083, including all addenda; and Exhibit 2, RFO DIR-SDD-TMP-083, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor. In the event of a conflict between the documents listed in this paragraph, the controlling document shall be this Contract, then Appendix A, then Appendix B, then, Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions.

2. Term of Contract The term of this Contract shall be one (1) year commencing on the last date of approval by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend the Contract, upon mutual agreement, for up to three (3) optional one-year terms.

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Vendor Contract No. ________________ 3. Product and Service Offerings

A. Products Products available under this Contract are limited to Konica Minolta-branded printers and multifunction products, supplies and accessories. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above.

B. Services

Services available under this Contract are limited to installation, warranty, maintenance, support services and product training. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.B above.

4. Pricing

A. Manufacturer’s Suggested Retail Price (MSRP) MSRP is defined as the product sales price suggested by the manufacturer or publisher of a product.

B. Customer Discount The minimum Customer discount for all products and services will be the percentage off MSRP as specified below. Customer Discount = Initial Discount – DIR Administrative Fee specified in Section 5. Products Customer Discount Konica Minolta-Branded Products (includes printers, MFPs, Supplies and Accessories)

0% - 55.9%

Services Customer Discount Services 0% - 27%

C. Customer Price

1) The price to the Customer shall be calculated as follows:

Customer Price = MSRP – Customer Discount

2) Customers purchasing products and services under this Contract may negotiate more advantageous pricing or participate in special promotional offers. In such event, a copy of such better offerings shall be furnished to DIR upon request. 3) If pricing for products or services available under this Contract are provided at a lower price to: (i) an eligible Customer who is not purchasing those products or services under this Contract or (ii) any other entity or consortia authorized by Texas law to sell said products and services to eligible Customers, then the available

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Customer Price in this Contract shall be adjusted to that lower price. This Contract shall be amended within ten (10) business days to reflect the lower price.

D. DIR Administrative Fee

The administrative fee specified in Section 5 below shall not be broken out as a separate line item when pricing or invoice is provided to Customer.

E. Shipping and Handling Fees

The price to the Customer under this Contract shall include all shipping and handling fees. Shipments will be Free On Board Customer’s destination. No additional fees shall be charged to the Customer for standard shipping and handling. If the Customer requests expedited delivery, Customer will be responsible for any charges for expedited delivery.

F. Tax-Exempt As per Section 151.309, Texas Tax Code, Customers under this Contract are exempt from the assessment of State sales, use and excise taxes. Further, Customers under this Contract are exempt from Federal Excise Taxes, 26 United States Code Sections 4253(i) and (j).

G. Travel Expense Reimbursement Pricing for services provided under this Contract are exclusive of any travel expenses that may be incurred in the performance of those services. Travel expense reimbursement may include personal vehicle mileage or commercial coach transportation, hotel accommodations, parking and meals; provided, however, the amount of reimbursement by Customers shall not exceed the amounts authorized by the current State Travel Regulations. Travel time may not be included as part of the amounts payable by Customer for any services rendered under this Contract. The DIR administrative fee specified in Section 5 below is not applicable to travel expense reimbursement. Anticipated travel expenses must be pre-approved in writing by Customer.

H. Changes to Prices Vendor may change the price of any product or service at any time, based upon changes to the MSRP, but discount levels shall remain consistent with the discount levels specified in this Contract. Price decreases shall take effect automatically during the term of this Contract and shall be passed onto the Customer immediately.

5. DIR Administrative Fee

A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is two percent (2%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $2,000. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon

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written notice to Vendor. Any change in the administrative fee shall be incorporated in the price to the Customer.

6. Notification

All notices under this Contract shall be sent to a party at the respective address indicated below.

If sent to the State: If sent to the Vendor: Sherri Parks, Service Delivery Division Rick Gable Department of Information Resources Konica Minolta Printing Solutions 300 W. 15th St., Suite 1300 One Magnum Pass Austin, Texas 78701 Mobile, AL 36618 Phone: (512) 475-4700 Phone: (251) 634-4186 Facsimile: (512) 475-4759 Facsimile: (251) 633-4866 Email: [email protected] Email: [email protected]

7. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts.

No exceptions. This Contract is executed to be effective as of the date of last signature. Konica Minolta Printing Solutions The State of Texas, acting by and through the USA, Inc. Department of Information Resources Authorized By: _Signature on File_______ Authorized By: __ Signature on File_______ Name: __Bryan Hack__________________ Name: Cindy Reed______________________ Title: ___General Counsel______________ Title: Interim Director of Service Delivery_ Date: _______________________________ Date: __04/16/07________________________ Legal: __ Signature on File 04/12/07______

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Action Item “XV” Regular Board Meeting June 1, 2009

Consideration of Approval to Extend a Governmental Relations Consulting Agreement

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve the agreement with Patton Boggs, LLP, to provide government relations and public policy consulting services in the federal funding arena for the term June 3, 2009 through November 30, 2009. BACKGROUND This contract with Patton Boggs LLP is an extension of a short term contract for services started in February 2009. The Washington, DC firm of Patton Boggs has for more than 40 years experience, maintained a stellar reputation in government relations and public policy with strong ties to both major political parties. The representatives at Patton Boggs work with the College to identify our priority objectives for funding and policy matters involving the federal government. They will research available funding opportunities and determine the appropriate strategy to provide the best competitive positioning for the College. IMPACT OF THIS ACTION Approval of this contract will provide the College with government relations and public policy consulting services to complete certain government relations and advocacy assistance related projects that are in-progress and mission critical. Since February, Patton Boggs has assisted the college in submitting $7.9 million in federal appropriation requests. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) Adoption of this recommendation will not have full time staffing implications. The estimated expenditure for this agreement is $46,200 and shall be funded from the District Non-Departmental accounts. MONITORING AND REPORTING TIMELINE Monitoring and reporting timelines will be established for each activity within the scope of work as indicated on Attachment 1. ATTACHMENTS Attachment 1 – Consulting Agreement RESOURCE PERSONNEL Dr. Brenda Lang Hellyer 281.998.6100 [email protected] Kenneth Lynn 281.998.6306 [email protected] Kelly Simons 281.998.6123 [email protected]

PROFESSIONAL SERVICES CONTRACT Government Relations and Advocacy Assistance

This Contract ("Contract") is made by and between San Jacinto Community College District ("SJCCD"), a public community college district organized under Chapter 130 of the Texas Education Code, whose main office address is at 4624 Fairmont Parkway, Pasadena TX 77504, and Patton Boggs LLP (the Contractor"), whose address is 2550 M Street, NW, Washington, DC 20037 (individually, "Party" and collectively, "Parties"), effective as of June 3, 2009 ("Effective Date").

RECITALS

WHEREAS, SJCCD has need of government relations and public policy consulting services to complete certain government relations and advocacy assistance related projects ("Project") that are in-progress and mission critical to SJCCD; and

WHEREAS, Contractor has demonstrated competence to perform the government relations and public policy consulting services and to complete the Project as set forth and required under this Contract; and

WHEREAS, Contractor desires to and has agreed to perform such services; and

WHEREAS, SJCCD finds that it is within its mission and purpose to procure such services and enter this Contract.

NOW THEREFORE, for the mutual covenants and promises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the Parties, SJCCD and Contractor, agree to the following:

TERMS AND CONDITIONS OF CONTRACT

1. SERVICES AND PROGRESS REPORTS

1.1 The Contractor shall provide government relations and public policy consulting services for completion of the Project to SJCCD, in accordance with the deliverables and Scope of Services attached hereto as Exhibit A ("Proposal and Timetable"), within the timeline and milestones set forth therein and under the terms and conditions set forth in this Contract.

1.2 The Contractor shall perform and complete the Services to the satisfaction of SJCCD on or before the dates set forth in the Timeline. The Contractor shall allocate adequate time, personnel, and resources as necessary to perform the Services. The Contractor shall review or has reviewed SJCCD's strategic goals and has discussed with SJCCD the programs and specific requirements of the Project. The Contractor shall diligently perform all Services under this Contract and shall strive to further the interest of SJCCD in accordance with SJCCD's Project requirements and procedures. The Contractor warrants and represents that qualified personnel shall perform the Services and all Services shall be of a professional quality.

1.3 The Contractor shall use its best professional efforts, skill, judgment, and abilities in performing the Services. The Contractor agrees and acknowledges that SJCCD is relying on its professional advice, opinion, efforts, skill, judgment, and abilities and but for such reliance, which is a material inducement for SJCCD engaging the Contractor to perform the Services, SJCCD would not have entered this Contract with the Contractor.

1.4 SJCCD designates Dr. Brenda Lang Hellyer as the contact person for SJCCD ("SJCCD Representatives"). Without limiting the Board's authority in Section 2, the SJCCD Representatives shall have day-to-day authority to make decisions and have oversight and approval of the Services delivered.

Attachment 1 – Consulting Agreement

The SJCCD Representatives also shall have the authority to determine whether the Services rendered by the Contractor are satisfactory in accordance with Sections 2 and 5.

1.5 The Contractor designates Thomas C. Downs to serve as Project team leader ("Project Leader") to ensure timely and satisfactory delivery of the Services. The Contractor shall not change the Project Leader without receiving prior written approval from SJCCD.

1.6 The Project Leader shall provide to the SJCCD Representatives written weekly progress reports outlining the Services performed and completed during the prior week. The progress reports shall include: (a) a description of the Services performed under the Scope of Work from Exhibit A; and (b) task statuses with comments (Completed, In-progress, On-hold, Not started).

2. EVALUATION OF SERVICES

2.1 SJCCD shall have the right to determine, in its sole discretion, whether the Services rendered by the Contractor under this Contract are satisfactory and meet the standards expected by SJCCD. In the event that SJCCD is not satisfied that the Contractor has performed the Services in an acceptable manner and/or that such Services do not meet the standards required by SJCCD for the Project and/or that the Work Product (as hereinafter defined) does not meet the expectations of SJCCD, SJCCD shall have the right to reject such Services or such Work Product, in which case, either of the following shall occur: (a) the Contractor shall re-perform any unsatisfactory or non-conforming Services at no cost to SJCCD; or (b) SJCCD shall terminate the Contract and shall not be obligated to pay any Fees (as hereinafter defined) attributable to the unsatisfactory or non-conforming Services or Work Product.

3. BOARD APPROVAL; CHANGE IN SERVICES

3.1 The Board, by majority vote, is the only representative of SJCCD, having the authority to approve any change in this Contract that would result in an increase in the Fee to $25,000.00 or more in a twelve (12) month period.

4. TERM; RENEWAL; TERMINATION

4.1 Term. The term of this Contract shall be from June 3, 2009 through November 30, 2009 ("Term") unless renewed or earlier terminated as set forth herein. Renewal. This Contract may not be renewed except as authorized by the Chancellor. Except for any change in the Scope of Services and/or the Fee, the terms and conditions of any renewal shall be as set forth herein.

4.2 Termination.

(a) This Contract may be terminated for convenience by either Party with or without cause upon ten (10) days prior written notice to the other Party. In the event of termination without cause, SJCCD shall pay the Contractor any undisputed amounts not previously paid for Services actually and satisfactorily performed up to the date of termination.

(b) The term of this Contract is contingent upon the availability of appropriated funds. SJCCD shall have the right to cancel the Contract at the end of the current fiscal year if funds are not allotted for the next fiscal year to continue the Contract. If funds are withdrawn or do not become available, SJCCD reserves the right to terminate the Contract by giving the selected contractor a ten (10) day written notice of cancellation without penalty. Upon cancellation of the Contract, SJCCD shall not be responsible for any payment of any service or product received that occurs after the end of the current contract period. The SJCCD fiscal year begins on September 1 and ends on August 31st.

(c) This Contract may be terminated by either Party in the event of breach of this Contract. A breach occurs when either Party fails to perform its obligations under this Contract or fails to comply with the terms of this Contract. In the event of a breach, the Party claiming such breach shall

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provide the other Party with written notice of such breach setting forth the basis for such claim of breach. The breaching Party shall have thirty (30) days from the receipt of the notice of breach to cure such breach. If the breaching Party fails to cure the breach within thirty (30) days of receipt of the notice, the aggrieved Party shall have the right to terminate the Contract immediately and pursue any remedies available under law for breach of contract.

5. COMPENSATION; FEES

5.1 As consideration for the Services satisfactorily provided by the Contractor, SJCCD will pay the Contractor a monthly fixed fee of Seven Thousand Seven Hundred Dollars ($7,700) each month included in the term of the agreement ("Fee") which will result in a total compensation of Forty Six Thousand Two Hundred Dollars ($46,200) ("Anticipated Fee"); plus reasonable and necessary charges for long distance telephone, facsimile and other customary out-of-pocket costs related to the service during the Term not to exceed $200 per month without prior written approval from SJCCD.

5.2 On or before the 10th of each month during the Term, the Contractor shall send an Invoice (as hereinafter defined) for the Fee to the SJCCD Representatives. The invoice shall include a detailed description of Services performed and Work Product achieved during that Fee period. The Invoice also shall include a schedule showing progress toward dates set forth in the Timeline; any non-conforming work that needs to be re-performed; any necessary steps to be taken to correct any delays in delivering the Services or Work Product by the dates set forth in the Timeline; and any other information requested by SJCCD (the invoice showing the Fee owed and all attachments and descriptions and other information to be included with the submittal of the invoice collectively shall be referred herein as "Invoice”.

5.3 Upon receipt of the Invoice, the SJCCD Representatives shall review same and if he/she agrees that the Services have been performed in a satisfactory manner, and the Work Product thereof is acceptable, the Invoice shall be processed for payment. The Fee or applicable an undisputed portion thereof shall be paid within thirty (30) days from receipt of the Invoice. If Services or Work Product has not met the satisfactory approval of the SJCCD Representatives, current and future payments of the Fee shall not be made until both Parties agree that Services have been completed in a satisfactory manner or the Work Product is acceptable. Notwithstanding anything contained herein, no payment of amounts owed hereunder shall be considered past due or not paid when due except in accordance with Section 2251.021 of the Texas Government Code.

5.4 The acceptance of final payment of the Fee shall constitute a waiver of any claim the Contractor may have against SJCCD that the Contractor has not previously identified in a notice of claim or demand. SJCCD reserves the right to retain final payment for thirty (30) days pending successful completion of all assigned tasks, and approval from SJCCD Representatives.

6. APPLICABLE LAW

6.1 The Contractor agrees to perform the Services in compliance with all applicable federal, state, and local laws, implementing regulations, executive orders, and interpreting authorities including, but not limited to, Title VI of the Civil Rights Act of 1964, as amended; Title VII of the Civil Rights Act; the Age Discrimination Act of 1975; the Americans with Disabilities Act; The Family Educational Rights and Privacy Act of 1974; the Texas Government Code; the Texas Local Government Code; and all applicable SJCCD policies and procedures ("Applicable Laws" or "Applicable Law").

7. RECORDS AND RECORDKEEPING

7.1 The Parties shall comply with all Applicable Laws regarding Project records including, but not limited to, the Family Educational and Privacy Rights Act ("FERPA"), the Freedom of Information Act ("FOIA"), the Texas Public Information Act ("PIA"), and the Texas Records Retention laws ("RR laws").

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7.2 All records and reports either generated, prepared, assembled, or maintained by the Contractor in relation to the Project will be available for review, inspection, and audit by the SJCCD and its auditors. Copies will be made available upon request and in conformity with FERPA, the FOIA, the PIA, and the RR laws.

8. CONFIDENTIALITY

8.1 As used herein, Confidential Information shall mean all information that is disclosed by either Party ("disclosing Party") to the other Party ("receiving Party"), including without limitation, trade secrets; know how; business and product plans; student information; marketing information and other confidential or proprietary business information, including without limitation all such information relating to either Party's governing board, and their respective clients, customers, and employees. Confidential Information shall not include information which: (a) is information already known by or in the possession of the receiving Party and which was acquired in a lawful manner other than subject to any ongoing obligation of confidentiality already in the recipient Party's possession at the time of disclosure thereof; (b) is information which is now or hereafter becomes a part of the public domain through no wrongful act or omission of the receiving Party or those acting in concert with the receiving Party or later becomes part of the public domain through no fault of the recipient Party; (c) is information lawfully received, without ongoing obligation of confidentiality, from a third party who is free to disclose it received from a third party having no obligations of confidentiality to the disclosing Party; (d) is information which the receiving Party can show predates disclosure thereof by the disclosing Party or had been independently developed entirely without reference to confidential information received from the disclosing Party independently developed by the recipient Party; or (e) is disclosed pursuant to any judicial or governmental order, required by law or regulation to be disclosed, including, but not limited to, the PIA, provided that, to the extent permitted by law, the receiving Party gives the disclosing Party sufficient prior notice to contest such order.

8.2 Each Party will use reasonable efforts to prevent the disclosure of any of the other Party's Confidential Information to third parties, but in no event shall those efforts be less than those employed by that Party to protect its own confidential information of like kind. Except as may be required by law, the recipient Party’s obligation shall be for a period of three (3) years from receipt of the Confidential Information.

8.3 The provisions of this Section 8 survive the expiration or earlier termination of this Contract.

9. DISCLOSURE OF CERTAIN INFORMATION

9.1 To the extent that the Contractor comes into possession of student educational records and/or any personally identifiable information of a student incidental to its Services under this Contract, Contractor agrees to comply with all requirements of the FERPA and shall not disclose any such information to a third party.

9.2 In the event that SJCCD is required to furnish information or records pursuant to the PIA, Contractor shall furnish all such information and records to SJCCD and SJCCD shall have the right to disclose such information and records.


10. INTELLECTUAL PROPERTY

10.1 This Contract is a work-for-hire in which Contractor provides Professional Services to SJCCD. Any documents, data, work product(s), deliverables, designs, implementation, know how, or any other tangibles and intangibles prepared, designed, or produced by the Contractor in performing the

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Services under this Contract ("Work Product") are SJCCD's Property. Neither the Contractor nor any subcontractor, consultant, or employee of the Contractor shall own or claim a copyright or any other form of intellectual property right in the Work Product, and SJCCD will own them and have all common law, statutory, and other reserved rights, in addition to the copyright, upon creation of the Work Product. To this end, Contractor agrees and does hereby assign, grant, transfer, and convey to SJCCD, its successors and assigns, Contractor's entire right, title, interest and ownership in and to such Work Product, including, without limitation, the right to secure copyright registration. Contractor confirms that SJCCD shall own Contractor's right, title, interest in and to, including the right to use and reproduce, to perform publicly, and to display, all such Work Product, whether or not such Work Product constitutes a "Work Made for Hire" as defined in 17 U.S.C. § 201(b). Contractor shall obtain a similar grant of rights in favor of SJCCD from any subcontractor performing Services on this Project.


11. INDEMNIFICATION

11.1 General Indemnification. CONTRACTOR AGREES TO INDEMNIFY, RELEASE, AND HOLD SJCCD AND SJCCD'S TRUSTEES, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND STUDENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND LIABILITIES (each as used herein shall be referred to as "Claim") OF ANY TYPE OR ANY NATURE WHATSOEVER (INCLUDING COSTS AND REASONABLE LEGAL AND EXPERT FEES), INCLUDING FOR DAMAGE TO, LOSS OF, OR DESTRUCTION OF ANY PROPERTY OR HARM TO ANY PERSON, ARISING FROM, IN CONNECTION WITH, OR ANY WAY INCIDENT TO THIS CONTRACT, WHETHER BY ANY BREACH OR OTHER FAILURE OR AN ACT OR OMISSION OF CONTRACTOR.

11.2 Intellectual Property Indemnification. Contractor warrants, represents, and covenants that SJCCD shall have all rights to the Work Product delivered to SJCCD and that the Work Product will not infringe upon and is not a misappropriation of the rights of any third party. IN THE EVENT A CLAIM IS MADE AGAINST SJCCD FOR INFRINGEMENT OR MISAPPROPRIATION, CONTRACTOR WILL INDEMNIFY, DEFEND, AND HOLD SJCCD HARMLESS FROM SUCH CLAIM. Additionally, if SJCCD cannot use the Work Product as a result of the infringement or misappropriation, Contractor, at its sole expense, will either:

(a) obtain a license for SJCCD to use the infringing item;

(b) provide a non-infringing work-around or an original replacement of Work Product, free of any alleged misappropriation; or

(c) refund to SJCCD all Fees paid.

11.3 Contractor's liability under this Section 11 shall not be limited by the amount of Contractor's insurance coverage.


12. DISPUTES; MEDIATION

12.1 In the event of any dispute or contemplated suit pertaining to this Contract, the Parties shall attempt to mediate the dispute as a precondition to the filing of any litigation. The parties agree that the mediator shall be selected by SJCCD.

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12.2 Written agreements reached in mediation and signed by the parties shall be enforceable as settlement agreements in any court having jurisdiction thereof. The Parties shall share the mediator's fee and any filing fees equally, and the mediation, reduced to writing, and signed by the Owner and Contractor shall be held in Houston, Harris County, Texas. Nothing herein shall be construed as tolling or altering any applicable limitation period for the filing of suit in any court of competent jurisdiction.

13. NOTIFICATION OF CRIMINAL HISTORY

13.1 Contractor must give prior written notice to SJCCD if the Contractor, or any owner, or operator of Contractor, or any employee who will be performing Services under this Contract has been convicted of a felony. The notice required hereunder shall include a general description of the criminal offense.

13.2 SJCCD has the right to terminate this Contract immediately if it determines that Contractor has failed to give the notice required under Section 13.1.

14. TAXES; INDEBTEDNESS

14.1 Contractor must not be delinquent in any taxes owed i.e. (Franchise Tax, Property Tax, or other indebtedness owed to SJCCD). Delinquent taxes or other indebtedness shall be considered a breach of this Contract.

15. RELATIONSHIP OF THE PARTIES

15.1 Nothing herein will be construed to create a partnership or joint venture by or between SJCCD and the Contractor. Neither party will be the agent of another except to the extent otherwise specifically provided by this Contract. The Contractor does not have either the express or implied authority, will in any case represent to third parties, and will whenever needed disclaim to such parties, any ability to bind the SJCCD to any duty imposed by contract, unless the Board has specifically authorized such action at a Board meeting held in accordance with the Texas Open Meetings Act (appearing in minutes of such meeting).

15.2 The Contractor shall be solely responsible for the benefits and entire compensation of its personnel, including the withholding and payment employment taxes (income tax and social security), worker’s compensation, disability, and any similar taxes, benefits, and expenses associated with employment. The Contractor agrees to indemnify SJCCD against any Claim asserted against or incurred by SJCCD in defending the Claim made against SJCCD for the benefits, compensation, taxes, or any other costs of or related to Contractor's personnel.

15.3 The provisions of this Section 15 shall survive expiration or earlier termination of this Contract.

16. CONFLICTS OF INTEREST

16.1 The Contractor warrants, represents, and covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the Project, which would conflict in any manner or degree with the performance of its Services hereunder. The Contractor further warrants, represents, and covenants that, in performing this Contract, it will employ no person who has any such interest.

16.2 The Contractor shall comply with the obligations of Texas Local Government Code Chapter 176.

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17. DEBARMENT

17.1 The Contractor warrants, represents, and covenants that it is not listed on the General Services Administration's List of Parties Excluded from Federal Procurement and is not otherwise debarred, suspended, or excluded by state or federal agencies or declared ineligible for government contracting under statutory or regulatory authority.

18. NOTICE

18.1 All notices and other communications required by the terms of this Contract will be in writing and sent to the Parties hereto at the addresses set forth below (and such addresses may be changed upon proper notice to such addressees in the manner as set forth herein). Unless otherwise agreed in writing by the receiving party, notice may be given by: (i) certified or registered mail, postage prepaid, return receipt requested; (ii) reputable overnight carrier, postage prepaid; (iii) facsimile (with confirmation of transmission by sender's facsimile machine); or (iv) personal delivery (with written receipt confirming such delivery). Notice will be deemed to have been given (i) two business or school days (any date on which SJCCD is officially open for business) after mailing; (ii) on the date of personal delivery; or (iii) on the date of transmission of a facsimile if on a business or school day during normal business hours (or, if not, the next succeeding business day). Unless otherwise agreed in writing by the receiving party, electronic mail does not constitute official notice under this Contract. The addresses of the Parties for such notices shall be:

To: Patton Boggs LLP Attn.: Thomas C. Downs 2550 M Street, NW Washington, DC 20037 To: SJCCD San Jacinto Community College District Purchasing Department Attn: Director of Contracts and Purchasing Services 4620 Fairmont Parkway Pasadena, Texas 77504 With a copy to: San Jacinto Community College District

Attn: Dr. Brenda Lang Hellyer, Chancellor 4624 Fairmont Parkway Pasadena, Texas 77504

19. NO ASSIGNMENT

19.1 Neither this Contract nor any duties or obligations hereunder shall be assignable by either Party without the prior written consent of the other Party.

20. NO WAIVER OF IMMUNITY

20.1 Nothing contained in this Contract nor the execution of this Contract, or the performance of any obligation hereunder shall operate to or be deemed to waive any immunity or defense SJCCD trustee, officer, employee, volunteer, representative, or agent may be entitled under law.

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21. NO WAIVER OF BREACH

21.1 No waiver of a breach of any provision of this Contract shall be construed to be a waiver of any breach of any other provision or be deemed to constitute a continuing waiver of same. No delay in acting with regard to any breach and any provision shall be construed to be a waiver of such breach or requirement that such obligation be performed.

22. SEVERABILITY OF PROVISIONS

22.1 If any term or provision of this Contract is deemed invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.

23. GOVERNING LAW

23.1 This Contract and the rights and obligations arising hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Texas without regard to the conflicts or choice of law principles thereof.

24. JURISDICTION; VENUE

24.1 The Parties irrevocably and unconditionally consent to the jurisdiction of the State of Texas, and agree that any court of competent jurisdiction located in Harris County, Texas, shall be an appropriate and convenient place of venue, and shall be the sole and exclusive place of venue, to resolve any dispute with respect to this Contract.

25. AUTHORIZATION

25.1 Each Party represents and warrants to the other that the execution of this Contract has been duly authorized, and that this Contract constitutes a valid and enforceable obligation of such Party according to its terms.

26. NO THIRD-PARTY RIGHTS

26.1 This Contract is made for the sole benefit of the SJCCD and Contractor and their respective successors and permitted assigns. Nothing in this Contract shall create or be deemed to create a relationship between the Parties to this Contract and any third person, including a relationship in the nature of a third-party beneficiary or fiduciary.

27. HEADINGS AND CAPTIONS

27.1 The headings and captions appearing in this Contract have been included only for convenience and shall not affect or be taken into account in the interpretation of this Contract.

28. COUNTERPARTS

28.1 It is understood and agreed that this Contract may be executed in identical counterparts, each of which shall be deemed an original for all purposes, but all of which shall constitute one document

29. AMENDMENTS

29.1 Any amendment to the Contract must be in writing and signed by both Parties. No waiver, alteration or modification of any of the provisions of this Contract shall be binding on any Party unless in writing and signed by the Party against whom enforcement of such waiver, alteration, or modification is sought.

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30. EXHIBITS

30.1 The attached exhibits are incorporated herein for all purposes:

Exhibit A Proposal and timetable / milestones

31. ENTIRE AGREEMENT

31.1 This Contract supersedes all prior contracts, agreements, and discussions, whether verbal or written, relating to the subject matter contemplated under this Contract and constitutes the entire agreement between the SJCCD and the Contractor with regard to these matters.

IN WITNESS WHEREOF, the Parties have executed this Contract effective as of the Effective Date:

SAN JACINTO COMMUNITY COLLEGE DISTRICT By: Kenneth Lynn Date Vice Chancellor of Fiscal Affairs CONTRACTOR-CONSULTANT By: Name: Thomas C. Downs Date Title: Partner

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Exhibit A Proposal and Timetable / Milestones

Pursuit of Federal Appropriations Requests for San Jacinto College In the course of our representation, Patton Boggs will assist San Jacinto College by seeking FY 2010 appropriations for priority initiatives. Over the course of the annual budget cycle, we will pursue the following scope of work in serving San Jacinto College’s interests. Government Relations Strategy Development

Patton Boggs will work with San Jacinto College to advance appropriations requests for the FY 2010 appropriations cycle. We are advancing multiple requests on San Jacinto College’s behalf. Research, Analysis and Preparation of Briefing Materials

Patton Boggs will work with San Jacinto College to prepare and update briefing materials for use in meetings with Congressional offices, and we will revise these materials as necessary throughout the funding cycle. Advocacy and Government Relations Effort

Patton Boggs will work with Congressional offices to pursue appropriations requests for San Jacinto College’s projects. Patton Boggs attorneys will hold ongoing meetings and provide updates for Congressional offices on San Jacinto College’s behalf throughout the appropriations cycle. We will assist Congressional staff by preparing all necessary correspondence and other documentation required by the House and Senate Appropriations Committees and the executive branch. We will also provide input to the Appropriations Committees directly on San Jacinto College’s behalf. Ongoing Monitoring Patton Boggs will monitor legislative activities and provide you with reports on significant developments bearing on appropriations strategy. Preparation for Future Federal Appropriations Requests for San Jacinto College Patton Boggs will assist San Jacinto College by preparing strategy for FY 2011 appropriations for priority initiatives. Beginning in the second half of calendar year 2009, we expect to have discussions with San Jacinto College leadership about future priorities, and we will begin educating Texas Congressional delegation offices about those priorities. Our goal will be to lay the groundwork for future funding initiatives in advance of the budget cycle, which begins in January 2010. Pursuit of Recovery Act Funding for San Jacinto College Projects A near-term opportunity for San Jacinto College is pursuit of funding under the Recovery Act. This legislation will direct federal appropriations through various federal and state agencies for economic development; worker training; economic adjustment assistance; educational technology; and modernization, renovation and repair of college and university facilities (including community colleges), among other initiatives intended to spur economic development and advance policy objectives of the Obama administration. We will assist San Jacinto College in researching and advising you of federal grant opportunities under the Recovery Act.

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Pursuit of Funding Through Grants Assistance As part of our analysis of San Jacinto College’s priorities and the universe of available funding opportunities, we will examine the existing federal funding programs of discretionary grants, competitive grants and other funding streams to determine which opportunities best fit your needs. This analysis occurs on an ongoing basis. Daily Grants Tracking Patton Boggs has developed a unique system for tracking and distributing information about competitive and discretionary grant opportunities. This system allows for immediate disbursement of information to San Jacinto College leaders and provides only the grant opportunities where we believe the college meets the eligibility requirements. The grant notice system operates as information comes in, which means we are constantly streaming new funding opportunities to you for internal distribution. We also then work with our clients to ensure that after grant applications are submitted we can leverage political support from your Congressional delegation. Anticipated Patton Boggs/San Jacinto College Activities, June 3- November 30, 2009 Task Time Frame Monitor and report to San Jacinto College on First half of June hearings and deliberations of the House Appropriations Committee. Visit with Texas Congressional delegation to First half of June discuss San Jacinto College projects. Monitor and report to San Jacinto College on First half of June hearings and deliberations of the Senate Appropriations Committee. Visit with Appropriations Committee staff First half of June concerning San Jacinto College funding requests. Assist Texas Congressional delegation in preparing First half of June responses to comments by Executive Branch agencies on San Jacinto College funding requests. Monitor, evaluate, and prepare any necessary Second half of June responses to comments by Executive Branch agencies on San Jacinto College funding requests. Monitor and attend mark-up sessions of House Second half of June Appropriations subcommittees and the full House Appropriations Committee. Assist Texas Congressional delegation offices in Second half of June in preparing for House and Senate floor action on appropriations bills containing San Jacinto College project funding. Prepare an update memo for San Jacinto Second half of June College on appropriations efforts.

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Advise San Jacinto College of any funding provisions Second half of June adopted by House Appropriations Subcommittees. Visit with Texas Congressional delegation offices First half of July During Independence Day Congressional District Work Period to ensure their support and understanding of San Jacinto College projects. Prepare and file required Lobbying Disclosure Act First half of July updates with the House and Senate. Monitor and attend any mark-up sessions of House First half of July Appropriations Committee. Monitor and report to San Jacinto College on First half of July deliberations of the Senate Appropriations Committee. Monitor and attend any mark-up sessions of House Second half of July Appropriations Subcommittees and the full House Appropriations Committee. Report on Recovery Act and other federal grants Second half of July for San Jacinto College Prepare an update memo for San Jacinto Second half of July College on appropriations efforts. Monitor and attend any mark-up sessions of Senate Second half of July Appropriations Committee. Advise San Jacinto College of any funding provisions Second half of July adopted by House Appropriations Committee. Assist Texas Congressional delegation offices in Second half of July in preparing for House and Senate floor action on appropriations bills containing San Jacinto College project funding. Visit with Texas Congressional delegation offices First half of August during August Congressional District Work Period to ensure their support and understanding of San Jacinto College projects. Assist Texas Congressional delegation with responses First half of August to Executive Branch questions regarding San Jacinto College projects. Report on Recovery Act and other federal grants for First half of August San Jacinto College. Assist Texas Congressional delegation with responses First half of August to Appropriations Committee questions regarding San Jacinto College projects.

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Visit with Appropriations Committee staff Second half of August concerning San Jacinto College funding requests. Prepare an update memo for San Jacinto Second half of August College on appropriations efforts. Report on Recovery Act and other federal grants for Second half of August San Jacinto College. Visit with Texas Congressional delegation to First half of September discuss San Jacinto College projects in preparation for reconvening of voting session on September 8. Monitor and report to San Jacinto College on First half of September deliberations of the House Appropriations Committee, and pertinent actions on the House floor. Monitor and report to San Jacinto College on First half of September deliberations of the Senate Appropriations Committee, and pertinent actions on the Senate floor. Assist Texas Congressional delegation with responses First half of September to Appropriations Committee questions regarding San Jacinto College projects. Monitor and report to San Jacinto College on Second half of September House-Senate Appropriations Conference Committee activities. Report on Recovery Act and other federal grants for Second half of September San Jacinto College. Prepare an update memo for San Jacinto Second half of September College on appropriations efforts. Advise San Jacinto College of any funding provisions Second half of September adopted in House-Senate Appropriations Conference Committee sessions. Discuss with San Jacinto College Chancellor and staff First half of October potential projects for the upcoming (FY 2011) budget and appropriations cycle. Monitor and report to San Jacinto College on House- First half of October Senate Appropriations Conference Committee activities. Prepare and file required Lobbying Disclosure Act First half of October updates with the House and Senate. Assist Texas Congressional delegation with inputs to First half of October House-Senate Appropriations Conference Committee for San Jacinto College projects.

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Report on Recovery Act and other federal grants for First half of October San Jacinto College. Prepare an update memo for San Jacinto Second half of October College on appropriations efforts. Prepare first drafts of white papers for San Jacinto Second half of October College projects for the FY 2011 budget cycle. Report on Recovery Act and other federal grants for Second half of October San Jacinto College. Assist Texas Congressional delegation with inputs to Second half of October House-Senate Appropriations Conference Committee for San Jacinto College projects. Discuss with San Jacinto College Chancellor and staff First half of November further ideas for projects to be presented in the upcoming (FY 2011) budget and appropriations cycle. Assist Texas Congressional delegation with inputs to First half of November House-Senate Appropriations Conference Committee for San Jacinto College projects. Monitor and report to San Jacinto College on First half of November House-Senate Conference Committee discussions. Report on Recovery Act and other federal grants for First half of November San Jacinto College. Prepare an update memo for San Jacinto Second half of November College on appropriations efforts. Advise San Jacinto College of any funding provisions Second half of November adopted by the House-Senate Conference Committee. Assist Texas Congressional delegation with floor Second half of November statements concerning San Jacinto College projects for debate on Appropriations Conference Reports. Refine and finalize priority San Jacinto College Second half of November funding requests for the FY 2011 budget cycle. Communication and Reporting We will remain in regular contact with the San Jacinto College Chancellor and staff, and be available for discussions regarding progress and strategy. We will provide frequent reports on activities undertaken on behalf of San Jacinto College. These will include progress reports on our work, legislative information of interest, and recommendations on key steps in seeking funding.

Action Item “XVI” Regular Board Meeting June 1, 2009

Consideration of Approval of Parameter Order Authorizing the Issuance of $155 Million of Series 2009 General Obligation Bonds

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve the order authorizing the issuance of $155 million of Series 2009 General Obligation bonds and authorizing the Vice Chancellor of Fiscal Affairs to approve the amount, interest rate, price, terms and other provisions thereof. BACKGROUND The May 10, 2008 bond referendum providing for the issuance of $295 million of general obligation bonds for College facilities was approved by the voters by a margin of 3,335 votes “Yes” to 1,363 votes “No”. Supporting the call for the election is the 2008 Facilities Master Plan which identified the facility needs of the College in priority order. Among the top construction priorities were the Science Building and the Allied Health Science building addition on the Central campus, the Allied Health / Science building and the Spencer addition on the North campus, and, the Science / Allied Health building and the Longenecker addition on the South campus. Construction of these facilities in particular is necessary to meet instructional capacity needs in the science and allied health curriculums. In order to provide funds to complete construction through to completion for the Tier II projects including architectural design, site work, infrastructure upgrades, facility programming, construction and other construction activities, the administration is recommending that the Board of Trustees approve an additional issuance of $155 million of the $295 million bond authorization. After this issue $60 million will remain in unissued but authorized bonds. IMPACT OF THIS ACTION Adoption of this order by the Board of Trustees will allow the College to pay for construction activities through Tier 2 completion. According to the original project estimate schedule, the second issue of bonds was planned for the Spring 2010. However, the District sees the opportunity for possible cost savings on construction during the current economic climate. Having the additional bond funds available will allow the District to accelerate construction schedules where possible and take advantage of historically low financing rates. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) Based on pre-bid cost estimates developed by the College construction department, the $235 million of bonds issued in Series 2008 and 2009 will provide funding for construction activities through the spring of 2012 (estimated). The College anticipates a subsequent bond issue the Spring of 2012. That dates will be monitored and adjusted, if necessary, according to construction schedules and spending patterns. MONITORING AND REPORTING TIMELINE The Board will receive a monthly construction spending report as a routine part of the monthly financial reporting system.

Action Item “XVI” Regular Board Meeting June 1, 2009

Consideration of Approval of Parameter Order Authorizing the Issuance of $155 Million of Series 2009 General Obligation Bonds

ATTACHMENTS Attachment 1 – Bond Order RESOURCE PERSONNEL Kenneth Lynn 281.998.6306 [email protected]

ORDER AUTHORIZING THE ISSUANCE OF SAN JACINTO COMMUNITY COLLEGE DISTRICT LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2009; AUTHORIZING THE VICE CHANCELLOR OF FISCAL AFFAIRS TO APPROVE THE AMOUNT, THE INTEREST RATE, PRICE, AND TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATED THERETO

THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS § SAN JACINTO COMMUNITY COLLEGE DISTRICT § WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in the San Jacinto Community College District on the 10th day of May, 2008 (the “Election”); and WHEREAS the Board of Trustees of the District does hereby determine that bonds in the amount of $155,000,000 should be issued as a portion and the second installment of the $295,000,000 in bonds voted at the Election mentioned above, leaving the remaining $60,000,000 to be issued, sold and delivered at a later date, all as described in more detail in Section 3 of this Order; and WHEREAS, the District has a principal amount of at least $100,000,000 in outstanding or proposed long-term indebtedness, some of which is rated in one of the four highest rating categories for long-term debt instruments by a nationally recognized rating agency, and therefore the District qualifies as an “Issuer” under Chapter 1371, Texas Government Code; and WHEREAS, pursuant to Chapter 1371.053, Texas Government Code, the District desires to delegate the authority to effect the sale of the Bonds to the Vice Chancellor of Fiscal Affairs; Now, Therefore BE IT ORDERED BY THE BOARD OF TRUSTEES OF SAN JACINTO COMMUNITY COLLEGE DISTRICT: 1. Recitals; Consideration. It is hereby found and determined that the matters and facts set out in the preamble to this Order are true and correct. 2. Definitions. Throughout this Order the following terms and expressions as used herein shall have the meanings set forth below:

“Blanket Issuer Letter of Representations” means the Blanket Issuer Letter of Representations between the District, the Registrar and DTC. “Bond Purchase Contract” means the agreement between the District and the Underwriters described in Section 24 of this Order.

Attachment 1 – Bond Order

Houston 4005462v.1

“Bonds” means the San Jacinto Community College District Limited Tax General Obligation Bonds, Series 2009, authorized in this Order, unless the context clearly indicates otherwise.

“Business Day” means any day which is not a Saturday, Sunday, or a day on which the Registrar is authorized by law or executive order to close.

“Capital Appreciation Bonds” means those Bonds described in Paragraph 5(b) of this Order. “Code” means the Internal Revenue Code of 1986, as amended. “Comptroller” means the Comptroller of Public Accounts of the State of Texas. “Current Interest Bonds” means those Bonds described in Section 5(a) of this Order. “Debt Service Fund” means the interest and sinking fund for payment of the Bonds established by the District in Section 21 of this Order. “District” means the San Jacinto Community College District. “Initial Bonds” mean the Initial Current Interest Bond and the Initial Capital Appreciation Bond. “Initial Current Interest Bond” means the Initial Current Interest Bond authorized by Section 5(a).

“Initial Capital Appreciation Bond” means the Initial Capital Appreciation Bond authorized by Section 5(b). “Interest Payment Date”, when used in connection with any Current Interest Bond, means each February 15 and August 15 thereafter until maturity or earlier redemption, commencing on February 15, 2010. “Issuance Date” means the date on which the Bonds are delivered to and paid for by the Underwriters. “Maturity Amount” with respect to any Capital Appreciation Bond means the amount payable to the Owner thereof at maturity, which shall include both principal and accrued interest. “MSRB” means the Municipal Securities Rulemaking Board. “NRMSIR” means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time.

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“Officers Pricing Certificate” means a certificate signed by the Vice Chancellor of Fiscal Affairs and containing the information regarding the Bonds specified in Sections 4, 5 and 6 hereof. “Order” as used herein and in the Bonds means this order authorizing the Bonds. “Owner” means any person who shall be the registered owner of any outstanding Bond. “Record Date” means, for any Interest Payment Date, the close of business as of the last Business Day of the month next preceding each Interest Payment Date. “Register” means the books of registration kept by the Registrar, in which are maintained the names and addresses of, and the principal amounts of the Bonds registered to, each Owner. “Registrar” means Wells Fargo Bank, N.A., and its successors in that capacity. “Rule” means SEC Rule 15c2-12, as amended from time to time. “SEC” means the United States Securities and Exchange Commission. “SID” means The Municipal Advisory Council of Texas, which has been designated by the State of Texas as, and determined by the SEC staff to be, a state information depository within the meaning of the Rule. “Underwriters” means Coastal Securities, Inc., Estrada Hinojosa & Company, Inc., Southwest Securities, Wells Fargo Bank, National Association, and Fidelity Capital Markets. “Vice Chancellor of Fiscal Affairs” means Kenneth Lynn, or such other person serving the District as a successor in that capacity.

3. Authorization. The Bonds shall be issued in fully registered form in a maximum principal amount, including any premium counted against voted authorized, not to exceed $155,000,000 for the purpose of the construction and equipment of school buildings in the District and the purchase of the necessary sites therefore, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Section 130.122 of the Texas Education Code and Chapter 1371, Texas Government Code.

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4. Date, Denomination, Interest Rates, and Maturities. The Bonds shall be designated as “SAN JACINTO COMMUNITY COLLEGE DISTRICT LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2009”, and shall be dated as set out in the Officers Pricing Certificate.

5. Initial Bond; Numbers and Denominations. (a) The Current Interest Bonds shall mature on the maturity date in each of the years and in the amounts set out in the Officers Pricing Certificate, shall be subject to prior optional and mandatory redemption on the dates, for the redemption prices and in the amounts, if any, set out in the Officers Pricing Certificate and shall bear interest from their dated date at the rates set out in the Officers Pricing Certificate payable on each August 15 and February 15 commencing on February 15, 2010. The Initial Current Interest Bond shall be numbered ICI-1 and all other Current Interest Bonds shall be numbered in sequence beginning with RCI-1. Current Interest Bonds delivered on transfer of or in exchange for other Current Interest Bonds shall be numbered in order of their authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered. (b) The Capital Appreciation Bonds, if any, shall be initially issued in the principal amount and bearing compound interest at the rate set out in the Officers Pricing Certificate, and may be transferred and exchanged as set out in this Order. The Capital Appreciation Bonds shall mature on February 15 in the years and in the Maturity Amounts set out in the Officers Pricing Certificate. The Initial Capital Appreciation Bond shall be numbered ICA-1 and all other Capital Appreciation Bonds shall be numbered in sequence beginning with RCA-1. Capital Appreciation Bonds delivered on transfer of or in exchange for other Capital Appreciation Bonds shall be numbered in order of their authentication by the Registrar, shall be in the Maturity Amount of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered.

6. Selling and Delivering Bonds. (a) As authorized by Section 1371.053, Texas Government Code, as amended, the Vice Chancellor of Fiscal Affairs is hereby authorized to act on behalf of the District through a date 180 days from the date of this Order, in selling and delivering the Bonds and carrying out the other procedures specified in this Order, including without limitation determining the price at which the Bonds will be sold, the dated date, the issuance date, the initial interest payment date for the Bonds, the years in which the Bonds will mature, the principal amount to mature in each of such years, the rate of interest to be borne by each such maturity, including whether such bonds shall be issued as taxable bonds as authorized under Title I, Section 1531, American Recovery and Reinvestment Act of 2009, or as tax-exempt bonds, any mandatory sinking fund redemption provisions for the Bonds, and all other matters not expressly provided in this Order, relating to the issuance, sale and delivery of the Bonds, all of which shall be specified in the Officers Pricing Certificate; provided that: (i) the price to be paid for the Bonds shall not be less than 90% of the

aggregate original principal amount of the Bonds plus accrued interest thereon from their date to their delivery;

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(ii) the net effective interest rates on the Bonds shall not exceed the maximum rate allowed by Chapter 1204, Texas Government Code, as amended; and

(iii) the sum of the principal amounts of the Bonds, which may not exceed the

maximum principal amount authorized in Section 3 hereof, plus any net premium from the sale of the Bonds, must be sufficient to provide amounts necessary to fund the costs and expenses of the projects set forth in Section 3 and the costs of issuance of the Bonds, including underwriters’ discount.

7. Execution and Registration of Bonds. (a) The Bonds shall be signed by the Chair or Vice Chair of the Board and countersigned by the Secretary of the Board, by their manual, lithographed, or facsimile signatures, and the official seal of the District shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the District had been manually impressed upon each of the Bonds. (b) If any officer of the District whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of such Bonds or before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. (c) Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Order unless and until there appears thereon the Registrar’s Authentication Certificate substantially in the form provided herein, duly authenticated by manual execution by an officer or duly authorized signatory of the Registrar. In lieu of the executed Registrar’s Authentication Certificate described above, the Initial Bonds delivered at the Closing Date shall have attached thereto the Comptroller’s Registration Certificate substantially in the form provided herein, manually executed by the Comptroller, or by her duly authorized agent, which certificates shall be evidence that the Initial Bonds have been duly approved by the Attorney General of the State of Texas and that they are valid and binding obligations of the District, and have been registered by the Comptroller. (d) On the Closing Date, the Initial Bonds, payable in stated installments to the Underwriters or their designee, executed by manual or facsimile signature of the Chair or Vice Chair and Secretary of the Board, approved by the Attorney General, and registered and manually signed by the Comptroller, shall be delivered to the Underwriters or their designee. Upon payment for the Initial Bonds, the Registrar shall cancel the Initial Bonds and definitive Bonds shall be delivered to DTC. 8. Payment of Principal and Interest. The Registrar is hereby appointed as the paying agent for the Bonds. The principal of the Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they respectively become due and payable at the operations office

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of the Registrar. The interest on each Bond shall be payable on each Interest Payment Date, by check mailed by the Registrar on or before the Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register. If the date for payment of the principal of or interest on any Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day with the same force and effect as if made on the date payment was originally due. 9. Successor Registrars. The District covenants that at all times while any Bonds are outstanding it will provide a commercial bank or trust company, organized under the laws of the United States or any state, duly qualified to serve as and perform the duties and services of Registrar for the Bonds. The District reserves the right to change the Registrar for the Bonds on not less than 30 days written notice to the Registrar, so long as any such notice is effective not less than 60 days prior to the next succeeding principal or interest payment date on the Bonds. Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the Register or copies thereof to the new Registrar, and the new Registrar shall notify each Owner, by United States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. 10. Special Record Date. If interest on any Bond is not paid on any Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record date for the payment of such interest, to be known as a Special Record Date. The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the District. Such Special Record Date shall be fifteen (15) days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than five (5) days prior to the Special Record Date, to each affected Owner of record as of the close of business on the day prior to the mailing of such notice.

11. Book-Entry Only System. (a) The Initial Bonds shall be registered in the name of Coastal Securities, Inc. Except as provided in Section 12 hereof, all other Bonds shall be registered in the name of Cede & Co., as nominee of DTC.

(b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the District and the Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such DTC Participant holds an interest in the Bonds, except as provided in this Order. Without limiting the immediately preceding sentence, the District and the Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than an Owner, as shown on the Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than an Owner, as shown on the Register, of any amount with respect to principal of, premium, if any, or interest on the Bonds. Notwithstanding any other provision of this Order to the contrary, the District and the Registrar shall be entitled to treat and consider the person in whose name each

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Bond is registered in the Register as the absolute Owner of such Bond for the purpose of payment of principal of and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfer with respect to such Bond, and for all other purposes whatsoever. The Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective Owners, as shown in the Register as provided in this Order, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the District’s obligations with respect to payments of principal, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than an Owner, as shown in the Register, shall receive a Bond certificate evidencing the obligation of the District to make payments of amounts due pursuant to this Order. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions of this Order with respect to interest checks being mailed to the Owner of record as of the Record Date, the phrase “Cede & Co.” in this Order shall refer to such new nominee of DTC.

12. Successor Securities Depository; Transfer Outside Book-Entry Only System. In the event that the District, in its sole discretion, determines that the beneficial owners of the Bonds should be able to obtain certificated Bonds, or in the event DTC discontinues the services described herein, the District shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants, as identified by DTC, of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants, as identified by DTC, of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts, as identified by DTC. In such event, the Bonds shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Order.

13. Payments to Cede & Co. Notwithstanding any other provision of this Order to the contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such Bonds, shall be made and given, respectively, in the manner provided in the Blanket Letter of Representations. 14. Ownership; Unclaimed Principal and Interest. The District, the Registrar and any other person may treat the person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment of the principal of or interest on such Bond, and for all other purposes, whether or not such Bond is overdue, and neither the District nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Bond in accordance with this Section shall be valid and effectual and shall discharge the liability of the District and the Registrar upon such Bond to the extent of the sums paid.

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Amounts held by the Registrar which represent principal of and interest on the Bonds remaining unclaimed by the Owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the applicable provisions of Texas law including, to the extent applicable, Title 6 of the Texas Property Code, as amended. 15. Registration, Transfer, and Exchange. So long as any Bonds remain outstanding, the Registrar shall keep the Register at its operations office in Minneapolis, Minnesota. Subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Order. Each Bond shall be transferable only upon the presentation and surrender thereof at the operations office of the Registrar, in Minneapolis, Minnesota, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Bond for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three Business Days after such presentation, a new Bond or Bonds registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented. All Bonds shall be exchangeable upon presentation and surrender thereof at the operations office of the Registrar in Minneapolis, Minnesota, for a Bond or Bonds of like maturity and interest rate and in any authorized denomination, in an aggregate amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of this Section. Each Bond delivered in accordance with this Section shall be entitled to the benefits and security of this Order to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. The District or the Registrar may require the Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the District. 16. Mutilated, Lost, or Stolen Bonds. Upon the presentation and surrender to the Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like maturity, interest rate, and principal amount, bearing a number not contemporaneously outstanding. If any Bond is lost, apparently destroyed, or wrongfully taken, the District, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall authorize and the Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. The District or the Registrar may require the Owner of a mutilated Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the

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Registrar. The District or the Registrar may require the Owner of a lost, apparently destroyed or wrongfully taken Bond, before any replacement Bond is issued, to:

(1) furnish to the District and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond;

(2) furnish such security or indemnity as may be required by the Registrar and

the District to save them harmless;

(3) pay all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and

(4) meet any other reasonable requirements of the District and the Registrar.

If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the District and the Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the District or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the District in its discretion may, instead of issuing a replacement Bond, authorize the Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section shall be entitled to the benefits and security of this Order to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. 17. Cancellation of Bonds. All Bonds paid in accordance with this Order, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment. The Registrar shall furnish the District with appropriate certificates of destruction of such Bonds.

18. Optional and/or Mandatory; Defeasance. The Bonds may be subject to optional and/or mandatory redemption as set forth in the Form of Bond in this Order. Notice of any redemption identifying the Bonds to be redeemed in whole or in part shall be given by the Registrar at least thirty days prior to the date fixed for redemption by sending written notice by first class mail to the Owner of each Bond to be redeemed in whole or in part at the address shown on the Register. Such notices shall state the redemption date, the redemption price, the place at which Bonds are to be surrendered for payment and, if less than all Bonds of a particular maturity are to be redeemed, the numbers of the Bonds or portions thereof of such

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maturity to be redeemed. Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. By the date fixed for redemption, due provision shall be made with the Registrar for payment of the redemption price of the Bonds or portions thereof to be redeemed. When Bonds have been called for redemption in whole or in part and due provision has been made to redeem same as herein provided, the Bonds or portions thereof so redeemed shall no longer be regarded as outstanding except for the purpose of receiving payment solely from the funds so provided for redemption, and the rights of the Owners to collect interest which would otherwise accrue after the redemption date on any Bond or portion thereof called for redemption shall terminate on the date fixed for redemption. The Bonds may be discharged, defeased, redeemed or refunded in any manner now or hereafter permitted by law. 19. Forms. The forms of the Bonds, including the form of Registration Certificate of the Comptroller, which shall be attached or affixed to each Initial Bond, the form of the Registrar’s Authentication Certificate and the form of Assignment, shall be, respectively, substantially as follows, with such additions, deletions and variations as may be required by the Officers Pricing Certificate, necessary or desirable and not prohibited by this Order:

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(a) Form of Current Interest Bond.

UNITED STATES OF AMERICA STATE OF TEXAS

COUNTIES OF HARRIS AND CHAMBERS REGISTERED REGISTERED NUMBER DENOMINATION _____ $___________

SAN JACINTO COMMUNITY COLLEGE DISTRICT LIMITED TAX GENERAL OBLIGATION BOND

SERIES 2009 INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP: February 15, 20__ 1 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS San Jacinto Community College District (the “District”) promises to pay to the registered owner identified above, or registered assigns, on the maturity date specified above, upon presentation and surrender of this Bond at the operations office of Wells Fargo Bank, N.A., in Minneapolis, Minnesota (the “Registrar”), the principal amount identified above, payable in any coin or currency of the United States of America which on the date of payment is legal tender for the payment of debts due the United States of America, and to pay interest thereon at the rate shown above, calculated on the basis of a 360-day year of twelve 30-day months, from the later of the Issue Date, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this Bond is payable by check on February 15 and August 15 beginning on February 15, 2010, mailed to the registered owner as shown on the books of registration kept by the Registrar as of the close of business on the last business day of the month next preceding each interest payment date.

1 Insert from Officers Pricing Certificate.

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THIS BOND is one of a duly authorized issue of Bonds, aggregating $ 2 the “Bonds”), issued for the purpose of the construction and equipment of school buildings in the District and the purchase of the necessary sites therefore, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Section 130.122 of the Texas Education Code and Chapter 1371, Texas Government Code, and pursuant to an order adopted by the Board of Trustees (the “Order”), which Order is of record in the official minutes of the District. The Bonds are issued as (i) Bonds in the aggregate principal amount of $ 3 which pay interest only at maturity and (ii) Bonds in the aggregate principal amount of $ 4 which pay interest semiannually until maturity. THE DISTRICT RESERVES THE RIGHT to redeem the Bonds scheduled to mature on or after _5 ___, prior to maturity, in whole or from time to time in part, in integral multiples of $5,000, on __6__, or any date thereafter at a price of par plus accrued interest on the principal amounts called for redemption to the date fixed for redemption. Reference is made to the Order for complete details concerning the manner of redeeming the Bonds. [If applicable, mandatory redemption language].7 NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to the date fixed for redemption by first class mail, addressed to the registered owner of each Bond to be redeemed in whole or in part at the address shown on the books of registration kept by the Registrar. When Bonds or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, and interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption. THIS BOND IS TRANSFERABLE only upon presentation and surrender at the operations office of the Registrar in Minneapolis, Minnesota, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his authorized representative, subject to the terms and conditions of the Order. THIS BOND IS EXCHANGEABLE at the operations office of the Registrar in Minneapolis, Minnesota, for Bonds in the denomination of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Order.







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THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Order unless this Bond is either (i) registered by the Comptroller of Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges and agrees to be bound by all the terms and conditions of the Order. THE DISTRICT has covenanted in the Order that it will at all times provide a legally qualified registrar for the Bonds and will cause notice of any change of registrar to be mailed to each registered owner. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, to exist and to be done precedent to or in the issuance and delivery of this Bond have been performed, exist and have been done in accordance with law; and that annual ad valorem taxes, within the limits prescribed by law, sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the District, and have been pledged irrevocably for such payment. IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the Chair or Vice Chair and countersigned with the manual or facsimile signature of the Secretary, and the official seal of the District has been duly impressed, or placed in facsimile, on this Bond. (AUTHENTICATION (SEAL) SAN JACINTO COMMUNITY CERTIFICATE) COLLEGE DISTRICT _________________________________ Chair _________________________________ Secretary

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(b) Form of Capital Appreciation Bond.

UNITED STATES OF AMERICA STATE OF TEXAS

COUNTY OF HARRIS REGISTERED REGISTERED NUMBER DENOMINATION _____ $___________

SAN JACINTO COMMUNITY COLLEGE DISTRICT LIMITED TAX GENERAL OBLIGATION BOND

SERIES 2009 MATURITY DATE: ISSUANCE DATE: CUSIP: 8 REGISTERED OWNER: MATURITY AMOUNT: DOLLARS San Jacinto Community College District (the “District”) promises to pay to the registered owner identified above, or registered assigns, on the maturity date specified above, upon presentation and surrender of this Bond at the operations office of Wells Fargo Bank, N.A. in Minneapolis, Minnesota (the “Registrar”), the Maturity Amount identified above, representing the principal amount hereof and accrued and compounded interest hereon (both as shown in the table attached to this Bond), in any coin or currency of the United States of America which on the date of payment is legal tender for the payment of debts due the United States of America. The date of this Bond is 9 , but interest shall accrue on the principal amount hereof from the Issuance Date at the per annum rate specified on the Table of Accreted Values attached hereto. The Accreted Value (per $5,000 of Maturity Amount) of this Bond, as of the Issuance Date and as of each February 15 and August 15 is set forth in the Table of Accreted Values attached hereto. Such value as of any other date shall be determined by straight-line interpolation between such values.



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THIS BOND is one of a duly authorized issue of Bonds, aggregating $ 10 the “Bonds”), issued for the purpose of the construction and equipment of school buildings in the District and the purchase of the necessary sites therefore, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Section 130.122 of the Texas Education Code, as amended, and pursuant to an order adopted by the Board of Trustees (the “Order”), which Order is of record in the official minutes of the District. The Bonds are issued as (i) Bonds in the aggregate principal amount of $ 11 which pay interest only at maturity and (ii) Bonds in the aggregate principal amount of $ 12 which pay interest semiannually until maturity. THIS BOND IS TRANSFERABLE only upon presentation and surrender at the principal payment office of the Registrar in Dallas, Texas, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his authorized representative, subject to the terms and conditions of the Order. THIS BOND IS EXCHANGEABLE at the principal payment office of the Registrar in Dallas, Texas, for Bonds in the denomination of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Order. THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Order unless this Bond is either (i) registered by the Comptroller of Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges and agrees to be bound by all the terms and conditions of the Order. THE DISTRICT has covenanted in the Order that it will at all times provide a legally qualified registrar for the Bonds and will cause notice of any change of registrar to be mailed to each registered owner. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, to exist and to be done precedent to or in the issuance and delivery of this Bond have been performed, exist and have been done in accordance with law; and that annual ad valorem taxes, within the limits prescribed by law, sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the District, and have been pledged irrevocably for such payment.




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IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the Chair or Vice Chair and countersigned with the manual or facsimile signature of the Secretary, and the official seal of the District has been duly impressed, or placed in facsimile, on this Bond. (AUTHENTICATION (SEAL) SAN JACINTO COMMUNITY CERTIFICATE) COLLEGE DISTRICT _________________________________ Chair _________________________________ Secretary

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TABLE OF ACCRETED VALUES13 The Accreted Value, initial offering price, and principal amount (all per $5,000 of Maturity Amount), together with the interest rate and yield to maturity are as follows. Accreted values are calculated based on the initial offering price and yield to maturity and, except at maturity, do not equal principal amount plus accrued interest. MATURITY (FEBRUARY 15) Offering Price Yield Principal Amount Interest Rate


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(c) Form of Comptroller’s Registration Certificate. COMPTROLLER’S REGISTRATION CERTIFICATE: REGISTER NO. _________ I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this ________________________________. __________________________________ Comptroller of Public Accounts of the State of Texas (SEAL) (d) Form of Registrar’s Authentication Certificate. AUTHENTICATION CERTIFICATE

It is hereby certified that this Bond has been delivered pursuant to the Bond Order described in the text of this Bond.

Wells Fargo Bank, N.A. By ________________________ Authorized Signature Date of Authentication ____________ (e) Form of Assignment.

ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto ______________________________________________________________________________ ______________________________________________________________________________ (Please print or type name, address, and zip code of Transferee) ______________________________________________________________________________ (Please insert Social Security or Taxpayer Identification Number of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ______________________________________________________________________________ attorney to transfer said Bond on the books kept for registration thereof, with full power of substitution in the premises.

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DATED: __________________________ ___________________________________ Signature Guaranteed: ___________________________________ Registered Owner __________________________________ NOTICE: The signature above must correspond to the name of the registered __________________________________ owner as shown on the face of this Bond in NOTICE: Signature must be guaranteed every particular, without any alteration, by a member firm of the New York Stock enlargement or change whatsoever. Exchange or a commercial bank or trust company.

(f) The Initial Bonds shall be in the form set forth in paragraphs (a), (b), (c) and (e) of this Section, except for the following alterations:

(i) immediately under the name of the Current Interest Bond, the headings “INTEREST RATE” and “MATURITY DATE” shall both be completed with the words “As Shown Below” and the word “CUSIP” deleted; immediately under the name of the Capital Appreciation Bond, the heading “MATURITY DATE” shall be completed with the words “As Shown Below” and the word “CUSIP” deleted;

(ii) in the first paragraph of the Current Interest Bond, the words “on the maturity date specified above” and “at the rate shown above” shall be deleted and the following shall be inserted at the end of the first sentence “..., with such principal to be paid on February 15, in each of the years and in the principal amounts identified in the following schedule and with such installments bearing interest at the per annum rates set forth in the following schedule:”

[Information to be inserted from schedule in the Officers Pricing Certificate]

(iii) in the first paragraph of the Capital Appreciation Bond, the words “on the maturity date specified above” shall be deleted, and the words “the Maturity Amount identified above” shall be replaced with “the Maturity Amounts shown in the schedule below”.

[Information to be inserted from Officers Pricing Certificate]

(iv) the Initial Bonds shall be numbered ICI-1 and ICA-1, respectively.

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20. CUSIP Numbers. CUSIP Numbers may be printed on the Bonds, but errors or omissions in the printing of such numbers shall have no effect on the validity of the Bonds. 21. Debt Service Fund; Tax Levy. A special fund to be designated “San Jacinto Community College District Limited Tax General Obligation Bonds, Series 2009, Debt Service Fund” is hereby created, and the proceeds from all taxes levied, assessed and collected for and on account of the Bonds authorized by this Order shall be deposited, as collected, in such Fund. While the Bonds or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shall be annually assessed and collected in due time, form and manner, and at the same time as other District taxes are assessed, levied and collected, in each year, a continuing direct annual ad valorem tax, within the limits prescribed by law, upon all taxable property in the District, sufficient to pay the interest on the Bonds as the same becomes due and to pay each installment of the principal of the Bonds as the same matures, full allowance being made for delinquencies and costs of collection, and said taxes are hereby irrevocably pledged to the payment of the interest on and principal of the Bonds and to no other purpose. 22. Application of Chapter 1208, Government Code. Chapter 1208, Government Code, applies to the issuance of the Bonds and the pledge of the taxes granted by the District under Section 21 of this Order, and such pledge is therefore valid, effective and perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that the pledge of the taxes granted by the District under Section 21 of this Order is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in said pledge, the District agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. 23. Further Proceedings. After the Initial Bond has been executed, it shall be the duty of the Chair or Vice Chair and other appropriate officials and agents of the District to deliver the Initial Bond and all pertinent records and proceedings to the Attorney General of the State of Texas, for examination and approval. After the Initial Bond has been approved by the Attorney General, it shall be delivered to the Comptroller for registration. Upon registration of the Initial Bond, the Comptroller (or the Comptroller’s bond clerk or an assistant bond clerk lawfully designated in writing to act for the Comptroller) shall manually sign the Comptroller’s Registration Certificate prescribed herein and the seal of said Comptroller shall be impressed, or placed in facsimile, thereon.

24. Sale; Bond Purchase Contract. The Bonds shall be sold and delivered to the Underwriters at a price to be set forth in the Officers Pricing Certificate, plus accrued interest to the date of delivery, in accordance with the terms of a Bond Purchase Contract to be approved by the Vice Chancellor of Fiscal Affairs. The Vice Chancellor of Fiscal Affairs is hereby authorized and directed to execute the Bond Purchase Contract on behalf of the District, and the Vice Chancellor of Fiscal Affairs and all other officers, agents and representatives of the District

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are hereby authorized to do any and all things necessary or desirable to satisfy the conditions set out therein and to provide for the issuance and delivery of the Bonds. 25. Federal Income Tax Exclusion. (a) General. The District intends that the interest on the Bonds shall be excludable from gross income for federal income tax purposes pursuant to sections 103 and 141 through 150 of the Code, and the applicable Income Tax Regulations (the “Regulations”). The District covenants and agrees not to take any action, or knowingly omit to take any action within its control, that if taken or omitted, respectively, would cause the interest on the Bonds to be includable in gross income, as defined in section 61 of the Code, for federal income tax purposes. In particular, the District covenants and agrees to comply with each requirement of this Section; provided, however, that the District shall not be required to comply with any particular requirement of this Section if the District has received an opinion of nationally recognized bond counsel (“Counsel’s Opinion”) that such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or if the District has received a Counsel’s Opinion to the effect that compliance with some other requirement set forth in this Section will satisfy the applicable requirements of the Code and the Regulations, in which case compliance with such other requirement specified in such Counsel’s Opinion shall constitute compliance with the corresponding requirement specified in this Section. (b) No Private Use or Payment and No Private Loan Financing. The District shall certify, through an authorized officer, employee or agent that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, that the proceeds of the Refunded Bonds have not been used, and that proceeds of the Refunded Bonds and the Bonds will not be used, in a manner that would cause the Bonds to be “private activity bonds” within the meaning of section 141 of the Code and the Regulations promulgated thereunder. Moreover, the District covenants and agrees that it will make such use of the proceeds of the Refunded Bonds and the Bonds including interest or other investment income derived from Bond proceeds, regulate the use of property financed, directly or indirectly, with such proceeds, and take such other and further action as may be required so that the Bonds will not be “private activity bonds” within the meaning of section 141 of the Code and the Regulations promulgated thereunder. (c) No Federal Guarantee. The District covenants and agrees that it has not and will not take any action, and has not knowingly omitted and will not knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Bonds to be “federally guaranteed” within the meaning of section 149(b) of the Code and the applicable Regulations thereunder, except as permitted by section 149(b)(3) of the Code and such Regulations. (d) No Hedge Bonds. The District covenants and agrees that it has not and will not take any action, and has not knowingly omitted and will not knowingly omit to take any action, within its control, that, if taken or omitted, respectively, would cause the Bonds to be “hedge

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bonds” within the meaning of section 149(g) of the Code and the applicable Regulations thereunder. (e) No Arbitrage. The District shall certify, through an authorized officer, employee or agent that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, the District will reasonably expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of section 148(a) of the Code and the applicable Regulations promulgated thereunder. Moreover, the District covenants and agrees that it will make such use of the proceeds of the Bonds including interest or other investment income derived from Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds will not be “arbitrage bonds” within the meaning of section 148(a) of the Code and the applicable Regulations promulgated thereunder. (f) Arbitrage Rebate. If the District does not qualify for an exception to the requirements of section 148(f) of the Code relating to the required rebate to the United States, the District will take all necessary steps to comply with the requirement that certain amounts earned by the District on the investment of the “gross proceeds” of the Bonds (within the meaning of section 148(f)(6)(B) of the Code), be rebated to the federal government. Specifically, the District will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be required to calculate the amount earned on the investment of the gross proceeds of the Bonds separately from records of amounts on deposit in the funds and accounts of the District allocable to other bond issue of the District or moneys which do not represent gross proceeds of any bonds of the District, (ii) calculate at such times as are required by applicable Regulations, the amount earned from the investment of the gross proceeds of the Bonds which is required to be rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the Bonds or on such other dates as may be permitted under applicable Regulations, all amounts required to be rebated to the federal government. Further, the District will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Bonds that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in a smaller profit or a larger loss than would have resulted if the arrangement had been at arm’s length and had the yield on the issue not been relevant to either party. (g) Information Reporting. The District covenants and agrees to file or cause to be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued, an information statement concerning the Bonds, all under and in accordance with section 149(e) of the Code and the applicable Regulations promulgated thereunder. (h) Continuing Obligation. Notwithstanding any other provision of this Order, the District’s obligations under the covenants and provisions of this Section shall survive the defeasance and discharge of the Bonds.

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26. Use of Proceeds. Proceeds from the sale of the Bonds shall, promptly upon receipt by the District, be applied as follows:

(a) Accrued interest in the amount of 14 and premium on the Bonds in the amount of 15 shall be deposited into the Debt Service Fund.

(b) Premium in the amount of 16 shall be used to pay the costs of

issuance. (c) Premium in the amount of 17 shall be used to pay the

compensation of the Underwriters. (d) Bond proceeds in the amount of $155,000,000 shall be used for the

purposes described in Section 3. Any proceeds remaining after accomplishing such purposes, including earnings on investment of such proceeds, shall be deposited into the Debt Service Fund.

27. Continuing Disclosure Undertaking. (a) Annual Reports. If the Bonds price before July 1, 2009, the District shall provide annually to each NRMSIR and the SID, within six months after the end of each fiscal year, financial information and operating data with respect to the District of the general type included in the final Official Statement in Appendix A (excluding Table A-6-Overlapping Debt). The information will also include the audited financial statements of the District, if the District commissions an audit and it is completed within the required time. If audited financial statements are not available by the required time, the District will provide audited financial statements when and if the audit report becomes available. Any financial statements so to be provided shall be prepared in accordance with the accounting principles the District may be required to employ from time to time pursuant to State law or regulation. If the Bonds price on or after July 1, 2009, the District shall not provide such information to the SID or any other NRMSIR; rather, all such information and operating data shall be provided to the MSRB, in an electronic format, accompanied by identifying information, as prescribed by the MSRB.

If the Bonds price before July 1, 2009, and the District changes its fiscal year, it will notify each NRMSIR and the SID of the change (and of the date of the new fiscal year end) prior to the next date by which the District otherwise would be required to provide financial information and operating data pursuant to this Section. If the Bonds price on or after July 1, 2009, and the District changes its fiscal year, the District will notify the MSRB of any such





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change (and of the date of the new fiscal year end) prior to the next date by which the District would otherwise be required to provide financial information and operating data pursuant to this Section.

If the Bonds price before July 1, 2009, the financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and the SID or filed with the SEC. If the Bonds price on or after July 1, 2009 such information and data may no longer be included by specific reference to documents that have been provided to each NRMSIR and the SID. The Rule, as amended, provides that on and after July 1, 2009, such information and data may either be set forth in full in one or more documents, or may be included by specific reference to documents available to the public on the MSRB Web site or filed with the SEC.

(b) Material Event Notices. If the Bonds price before July 1, 2009, the District shall notify the SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws:

A. Principal and interest payment delinquencies; B. Non-payment related defaults; C. Unscheduled draws on debt service reserves reflecting financial

difficulties; D. Unscheduled draws on credit enhancements reflecting financial

difficulties; E. Substitution of credit or liquidity providers, or their failure to

perform; F. Adverse tax opinions or events affecting the tax-exempt status of

the Bonds; G. Modifications to rights of holders of the Bonds; H. Bond calls; I. Defeasances; J. Release, substitution, or sale of property securing repayment of the

Bonds; and K. Rating changes.

The District shall notify the SID and either each NRMSIR or the MSRB, in a timely

manner, of any failure by the District to provide financial information or operating data in accordance with Section 27(a) of this Order by the time required by such Section.

If the Bonds price on or after July 1, 2009, the District will not notify the SID or any

other NRMSIR of material events described in this subsection or of any failure by the District to provide financial information and operating data in accordance with Section 27(a) of this Order by the time required by such Section. Rather, the District will provide notice of such events to

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the MSRB in an electronic format and accompanied by identifying information, as prescribed by the MSRB.

(c) Limitations, Disclaimers, and Amendments. The District shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the District remains an “obligated person” with respect to the Bonds within the meaning of the Rule, except that the District in any event will give notice of any deposit made in accordance with Texas law that causes Bonds no longer to be outstanding.

The provisions of this Section are for the sole benefit of the holders and the beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The District undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the District’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The District does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date.

UNDER NO CIRCUMSTANCES SHALL THE DISTRICT BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE DISTRICT, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.

No default by the District in observing or performing its obligations under this Section shall comprise a breach of or default under this Order for purposes of any other provision of this Order.

Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the district under federal and state securities laws.

The provisions of this Section may be amended by the District from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, or status or type of operations of the District, if (1) the agreement, as so amended, would have permitted an underwriter to purchase or sell Bonds in the original primary offering in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate amount of the outstanding Bonds consent to such amendment or (b) a person unaffiliated with the District (such as nationally recognized bond counsel) determines that the amendment will not materially impair

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the interests of the holders and beneficial owners of the Bonds. If any such amendment is made, the District will include in its next annual update an explanation in narrative form of the reasons for the change and its impact on the type of operating data or financial information being provided. 28. Related Matters. To satisfy in a timely manner all of the District’s obligations under this Order and the Bond Purchase Contract, the Chair or Vice Chair, the Secretary or the Assistant Secretary, and all other appropriate officers and agents of the District are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the terms and purposes of this Order. 29. Registrar. The form of agreement setting forth the duties of the Registrar is hereby approved, and the appropriate officials of the District are hereby authorized to execute such agreement for and on behalf of the District. 30. Official Statement. The District hereby approves the form and content and distribution of the Preliminary Official Statement prepared in the initial offering and sale of the Bonds and hereby authorizes the preparation of a final Official Statement reflecting the terms of the Bond Purchase Contract and other relevant information. The use of such final Official Statement by the Underwriters is hereby approved and authorized and the proper officials of the District are authorized to sign such Official Statement. 31. No Personal Liability. No recourse shall be had for payment of the principal of or interest on any Bonds or for any claim based thereon, or on this Order, against any official or employee of the District or any person executing any Bonds. 32. Open Meeting. It is hereby officially found and determined that the meeting at which this Order was adopted was open to the public, and that public notice of the time, place and purpose of said meeting was given, all as required by the Texas Open Meetings Act.

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PASSED AND APPROVED this ____ day of June, 2009.

/s/ Marie Flickinger ________________________________ Chair, Board of Trustees San Jacinto Community College District

ATTEST: /s/ Ben Meador _________________________________ Secretary, Board of Trustees San Jacinto Community College District (SEAL)

Action Item “XVII” Regular Board Meeting June 1, 2009

Consideration of Approval to Designate General Contractor During Emergency Closure

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve designating Construction Masters of Houston as the District’s general contractor to augment District staff in responding to facility needs during a Board authorized emergency closure under Policy V-L-2, Emergencies\Disasters\Business Continuity. BACKGROUND Landfall of Hurricane Ike on September 13, 2008 brought the immediate realization that the College needs to be ready and prepared to deal immediately, effectively and completely with facilities needs resulting from a natural disaster. In the immediate aftermath of Ike’s landfall, the College contacted Construction Masters of Houston pursuant to the Board’s declaration of an emergency and unscheduled closure to assist the College with facility repairs. Construction Masters of Houston responded immediately and performed in an exemplary manner assisting College staff with emergency repairs in an effort to reopen the College as soon as possible. One of the universal Ike lessons learned by the College and other entities in the Gulf Coast region is that there is no substitute for advance planning and preparation in emergency situations. Quick responses by College staff and Construction Masters of Houston limited the moisture damage to facilities. The College maintains an effective disaster recovery and business continuity plan; however that plan does not extend to engaging the services of qualified contractors as stand-by responders. IMPACT OF THIS ACTION Approval of Construction Masters of Houston as the College designated general contractor during emergency closures and as a first responder to College facility needs will allow the College and Construction Masters to plan effectively. Additionally, the College is assured that Construction Masters of Houston will be available in case of emergency. It is reasonable to assume also that quick response will minimize the overall damage that the buildings may sustain. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) There is no budget impact to the College. Construction Masters of Houston has agreed to place the College as their priority customer in emergency response situations without retainer or deposit. MONITORING AND REPORTING TIMELINE N/A ATTACHMENTS None RESOURCE PERSONNEL Dr. Ron Rucker 281.998.6150 [email protected] Kenneth Lynn 281.998.6306 [email protected]

Action Item “XVIII” Regular Board Meeting June 1, 2009

Consideration of Approval of Property Tax Exemptions for the Tax Year 2009 ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that that the Board of Trustees increase the Residential Homestead Exemption for Persons Over 65 of Age or Disabled from $102,500 to $122,500 and that the Residential Homestead Exemption remain at one (1%) percent of the appraised value or a minimum exemption of $5,000. These exemptions are applicable for tax year 2009 and all future years, unless revised. BACKGROUND Over the past 4 years the College District has established a practice of mitigating the impact of rising appraisal values and tax rates on disabled taxpayers and taxpayers over the age of 65. The following occurrences have established this practice:

• On October 10, 2005 the Board of Trustees determined that periodic adjustments would be made to the Exemption for Persons Over 65 of Age or Disabled based on increases in appraised values.

• During the Spring of 2008, Chancellor Bill Lindemann stated that disabled taxpayers and taxpayers over the age of 65 would not experience an increase in College property taxes because of rate increases associated with the issue of general obligation bonds authorized by the May, 2008 election. It was estimated that a $20,000 increase in the exemption would be necessary to offset any tax rate increases due to the May, 2008 bond authorization.

The increase of $20,000 in the exemption for disabled and over age 65 taxpayers consists of:

• $5,000 for appraisal increases - Based on 2008 values (latest available data as of April 17, 2009) the average appraised value for this group of homeowners is $106,947 – an increase of $4,493 above last year.

• $15,000 for rate increases related to bond issues in 2008 and 2009. The 2009 property tax rate will include rate allowances for $85million of bonds issued in 2008 and $150 million of bonds expected to be issued in 2009. These 2 issues comprise approximately 80% of the voted bond authorization.

The proposed exemption increase of $20,000 will provide a total exemption for Residents Over 65 or Disabled of $127,500 ($122,500 for over 65 or disabled plus $5,000 for residential homestead). Additionally, it is recommended that the Residential Homestead Exemption remain at one (1%) percent of the appraised value or a minimum exemption of $5,000. The 2008 average appraised value for residential homestead properties was $113,936. The property taxes due to San Jacinto College on such a property would be $178.01 based on a $5,000 residential homestead exemption and current tax rate of 16.3411 cents per $100. IMPACT OF THIS ACTION The Texas Property Tax Code requires changes to exemptions granted be approved by the governing body no later than July 1st. Adoption of the attached resolution will meet the July 1st deadline for changes in the District’s property tax exemptions.

Action Item “XVIII” Regular Board Meeting June 1, 2009

Consideration of Approval of Property Tax Exemptions for the Tax Year 2009 BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) While the 2009 appraised values are not available at this time, it is anticipated that residential appraised values will be flat to lower as compared to 2008 values. The 2009 property tax rate, scheduled for consideration in August or September depending upon receipt of the certified tax rolls , will take into consideration the impact of these exemptions so that adequate tax revenues will be generated to support the adopted budgets. MONITORING AND REPORTING TIMELINE None ATTACHMENTS Attachment 1 - ORDER ESTABLISHING EXEMPTIONS ON RESIDENTIAL PROPERTY RESOURCE PERSONNEL Ken Lynn 281.998.6306 [email protected]

Attachment 1 - ORDER ESTABLISHING EXEMPTIONS ON RESIDENTIAL PROPERTY

ORDER DECLARING AN EXEMPTION ON RESIDENTIAL HOMESTEADS

AND

ORDER DECLARING AN EXEMPTION ON RESIDENTIAL HOMESTEADS FOR ELDERLY

AND

ORDER DECLARING AN EXEMPTION ON HOMESTEADS FOR DISABLED

FOR THE YEAR 2009, AND ALL FUTURE YEARS, UNLESS REVISED.

THE STATE OF TEXAS § § COUNTIES OF HARRIS AND CHAMBERS § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, LEO VASQUEZ, Tax Collector of Harris County, Texas, and MARGIE

HENRY, Tax Collector of Chambers County, Texas, are employed to collect taxes for the SAN

JACINTO COMMUNITY COLLEGE DISTRICT on property in Harris and Chambers Counties,

Texas; and Leo Vasquez and Margie Henry have requested that the Board of Trustees either

determine that certain homesteads will or will not be exempt from taxation or partial taxation.

IT IS ORDERED that an exemption from ad valorem taxes of the sum of One (1%) per

cent on the appraised value of all residential homesteads of all persons, in the SAN JACINTO

COMMUNITY COLLEGE DISTRICT OF HARRIS AND CHAMBERS COUNTIES, TEXAS, the

minimum amount of said exemption is the sum of $5,000.00 of the appraised value, be and is

hereby adopted for the year 2009 and all future years, unless revised.

IT IS ORDERED that an exemption from ad valorem taxes of the amount of $122,500 on

the appraised value of all residential homesteads of all persons over the age of 65 years in the

SAN JACINTO COMMUNITY COLLEGE DISTRICT OF HARRIS AND CHAMBERS

COUNTIES, TEXAS, be adopted for the year 2009 and all future years, unless revised.

2009 Property Tax Exemptions Page 2 IT IS FURTHER ORDERED, that an exemption from ad valorem taxes of the amount of

$122,500 on the appraised value of all residential homesteads of all persons who are disabled as

provided under the laws of the State of Texas in the SAN JACINTO COMMUNITY COLLEGE

DISTRICT OF HARRIS AND CHAMBERS COUNTIES, TEXAS, be adopted for the year 2009

and all future years, unless revised.

PASSED AND APPROVED this 1st day of June 2009.


By: __________________________________________ Chairman, Board of Trustees ATTEST: ___________________________________ Secretary

Action Item “XIX” Regular Board Meeting June 1, 2009

Consideration of Approval to Establish Twilight Green Fees ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve establishing a Twilight Green Fee discount of $2 per round at the San Jacinto College golf course. BACKGROUND The College has operated the San Jacinto golf course on Spencer Highway for many years as a means for the College to establish a presence with the community. Rounds played during certain periods of summer and winter decrease due to temperature extremes. Other area courses offer twilight green fees to encourage play at non-peak times. The San Jacinto College golf course has not previously offered twilight green fees and rounds played has suffered as a result. IMPACT OF THIS ACTION By providing players with a lower rate it is anticipated new players will be attracted to SJC’s course. Twilight green fees will be offered for the periods of December 1st to February 28th and June 1st to August 31st. The recommended Fees structure is: Normal Twilight Weekday $10 $8 Senior Weekdays 8 6 Weekends/ Holidays 12 10 Senior Weekends/Holidays 10 8 The Twilight fees are aimed at increasing revenue by attracting new customers that are currently playing and paying Twilight Fees elsewhere. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) Auxiliary Services will monitor revenue generated from this recommendation to ensure SJC’s golf revenues prosper from the implementation of Twilight Fees. MONITORING AND REPORTING TIMELINE N/A ATTACHMENTS None RESOURCE PERSONNEL Hilda Boyce 281.991.2627 [email protected] Kenneth Lynn 281.998.6306 [email protected]

Item “A”

Regular Board Meeting June 1, 2009 Approval of the Minutes for May 4, 2009 Board Workshop and Regular Meeting

RECOMMENDATION Recommend Board approval of the minutes for May 4, 2009 Board Workshop and Regular Board Meeting.

SAN JACINTO COLLEGE DISTRICT REGULAR BOARD WORKSHOP MINUTES

May 4, 2009

The Board of Trustees of the San Jacinto Community College District met at 4:45 p.m., Monday, May 4, 2009, in Room 201 of the Thomas S. Sewell District Administration Building, 4624 Fairmont Parkway, Pasadena, Texas for a Board Workshop. Present: Marie Flickinger, Dan Mims, Ben Meador, Larry Wilson, Wayne Slovacek, Dr. Ruede Wheeler, and Dr. Brenda Hellyer Kelly Mizell, Gail Mason, Jim Semones, Terry Hanks, Deanna Robinson, Collin Hutchison, Lesley Kauffman, Mike Kent, Ann Cartwright, Eddie Weller, Susan Temple, Steve Trncak, Laurel Williamson, Ron Rucker, James Fowler, Ken Lynn, Neil Matkin, Allatia Harris, Maureen Murphy, Teri Fowle, Danny Snooks, Will Ponder and Brenda Dunaway. I. Presentation by the faculty on Faculty Performance Management Terry Hanks – opening remarks Ann Cartwright – Communications Subcommittee Overview James Semones Faculty Job Description Performance Definitions

• Teaching (nine criteria) • Professional Development • Service within the College and the Profession

Mike Kent Timeline/Process

• Annually • Timeline

Process • Very similar to non-faculty • Faculty Performance • Overall Job Performance • Evaluation Ratios • Class Observations

Faculty Evaluation Cycle Validation Process for Faculty Performance Matrix Terry Hanks – Deliverables from the Team Deanna Robinson – Recommendations/Questions/Concerns Issues that could impact the success of the system

• Department chair workload • Faculty load inequity • Fall in-service faculty office prep time • Distance learning faculty and department chair evaluations need to be

addressed • Request this committee remain intact during pilot year • Summer training for department chairs • Nomenclature (confusion with Individual Payment Plan) • New faculty not allowed an evaluation rating higher than meets requirement

2

May 4, 2009 Board Workshop/Page 2 Chair Marie Flickinger – how will this affect student improvement? Eddie Weller – incentive for faculty to do extra work, try new things, engage students – will be positive impact on student learning. James Semones – Any time you get faculty to reflect on what they are doing – students benefit. Ruede Wheeler – It seems the biggest problem we have is retention. James Semones – if you make human connection with students – creates positive environment – makes a difference. Eddie Weller – key is faculty trying own thing. Mine is calling them by name. Maureen Murphy – Faculty are not just rewarded, but expected to work on retention, etc. This group has turned this info into a positive. Brenda Hellyer – This has been painful, but seeing incredible results. The momentum of the team was contagious. Steve Trncak – Through this process – everyone owns. You are going in front of peers and advocate. Terry Hanks – this has been well-received by the faculty. So far, no negative feedback. Marie Flickinger – thanked the group stating this is exciting – with good possibilities down the road. II. Discussion of H1N1 - Public Emergencies and H1N1 Procedures and Policies Ron Rucker and Ginger Lambert presented material on H1N1 and shared what we have learned, how we should handle and what we have done. Brenda Hellyer explained action item XVIII on the agenda - to approve the emergency leave plan in response to a declared public health emergency. Chancellor Hellyer also explained the changes in Policy V-L-3: Policy Payroll During an Unscheduled Closure - action item XIV for approval. III. Senate Bill 1895 Chancellor Hellyer presented SB 1895 – relating to the terms of members of the governing board of junior college district. Gallegos is trying to get passed in Austin (Members of the board serve staggered terms of four years, with the terms of as close to one-half of the members as possible expiring in each even-numbered year). Larry Wilson asked Brenda Hellyer to contact Representatives Davis, Legler and Smith.

Adjourned to regular board meeting at 7:00 p.m. with no action taken.

3

SAN JACINTO COLLEGE DISTRICT REGULAR BOARD MEETING MINUTES

May 4, 2009

The Board of Trustees of the San Jacinto Community College District met at 7:00 p.m., Monday, May 4, 2009, in Room 104 of the Thomas S. Sewell District Administration Building, 4624 Fairmont Parkway, Pasadena, Texas for the Regular Board Meeting. Members Marie Flickinger, Chair Present: Dan Mims, Vice Chair Ben Meador, Secretary Larry Wilson, Assistant Secretary Wayne Slovacek Dr. Ruede Wheeler Administrators: Brenda Hellyer Ron Rucker James Fowler Laurel Williamson Ken Lynn Teri Fowle Neil Matkin Allatia Harris Maureen Murphy Others Present: Rusty Hellyer Reilly Hellyer Bill Dickerson Toni Pendergrass Ginger Lambert Steve Trncak Joe Kirkland Denise Segelquist Michael Moore Ann Templet-Kokx Alison Hennessey Bill Mattei Caitlyn Court George Gonzalez Royce Ann Walker Kelly Simons Shailyn Jance Wanda Munson Brook Zemel Lt. Mayo Theresa Towery Barbara Taplin Bill Raffetto Gary Friery Gerod Chance Jason Chan Keith Hudson Larry Logsdon Susan Muha Danny Snooks Richard Bailey Rebecca Goosen Niki Whiteside Sarah Janes Woody Dunseith Eddie Weller Dana Belt Floyd McConnell LeAnn Williams Ann Jacoby Amanda Booren Jason Devoice Chair Marie Flickinger called the regular meeting of the Board of Trustees to order. The invocation was given by Wayne Slovacek and the pledge was led by Dr. Ruede Wheeler. Special Recognitions North campus speech professor Floyd McConnell presented the

speech and debate team awards won at the Novice Nationals/Phi Rho Pi Nationals.

South campus cosmetology professor Dana Belt recognized the

Skills USA student award winners.

4

Board Meeting Minutes/May 4, 2009/Page 2 South campus president Dr. Maureen Murphy recognized Dr. Eddie

Weller for his election as Vice President of the Southwestern Social Sciences Association.

Institutional Outcomes Report None Achieving the Dream Presentation None Communications: Thank you from Brenda Mitchell and Johnnie Rountree for plants

sent during their recent hospital stay. Hearing of Citizens: None Informative Reports: Report on Gifts and Grants was presented and filed for information. The Financial Statement was presented and filed for information. Motion 8088 Motion was made by Wayne Slovacek, seconded by Ben Meador, Budget Amendment for to approve an amendment to the 2008-2009 budget for restricted Restricted Revenue & revenue and expenses relating to federal and state grants. Expenses Motion carried. Yeas: Wilson, Wheeler, Slovacek, Mims, Meador Nays: None Motion 8089 Motion was made by Larry Wilson, seconded by Dan Mims, Declaration of to declare de-accessioned library books and other equipment Library Books and as surplus or salvage and further authorize the disposal of Equipment as such property by public auction, trade, bid or any appropriate Surplus manner which provides the best value for the College. Motion carried. Yeas: Wilson, Wheeler, Slovacek, Mims, Meador Nays: None Motion 8090 Motion was made by Ruede Wheeler, seconded by Ben Meador, Deny Property to deny the request from American Housing Foundation and Tax Exemption and Brandywood Housing, Ltd. for a 50% property tax exemption for the 2009 tax year and subsequent tax years under Texas Tax Code §11.1825 Motion carried. Yeas: Wilson, Wheeler, Slovacek, Mims, Meador Nays: None

5

Board Meeting Minutes/May 4, 2009/Page 3 Motion 8091 Motion was made by Larry Wilson, seconded by Ruede Wheeler, Contract with to authorize the Chancellor to approve a contract with Coca Cola Coca Cola Enterprises Enterprises, Inc. resulting from RFP #09-27 Beverage Vending For Beverage Vending and Pouring Rights. And Pouring Rights Motion carried. Yeas: Wilson, Wheeler, Slovacek, Mims, Meador Nays: None Motion 8092 Motion was made by Ben Meador, seconded by Dan Mims, Positions Designated to approve the executive management positions; thereby, As Participants of the designating them as participants of the San Jacinto College District Executive 403(b) Plan Executive 403(b) Plan – Presidents: Central, North and South; Vice Chancellors: Fiscal Affairs and Instructional Programs & Services; Associate Vice Chancellor – Marketing; and Executive Assistant to Chancellor/Board of Trustees. Motion carried. Yeas: Wilson, Wheeler, Slovacek, Mims, Meador Nays: None Motion 8093 Motion was made by Dan Mims, seconded by Wayne Slovacek, Addendum to to approve and authorize for the Chancellor to prepare Administrative Contract and execute the addendum to an administrative contract for the position of executive assistant to the Chancellor/Board of Trustees. Motion carried. Yeas: Wilson, Wheeler, Slovacek, Mims, Meador Nays: None Motion 8094 Motion was made by Larry Wilson, seconded by Ruede Wheeler, Changes to Policy to approve the changes to Policy V-L-3: Policy Payroll During V-L-3: Policy Payroll an Unscheduled Closure. During an Unscheduled Closure Motion carried. Yeas: Wilson, Wheeler, Slovacek, Mims, Meador Nays: None Motion 8095 Motion was made by Ruede Wheeler, seconded by Ben Meador, Consent Agenda to approve the following consent agenda: A. Approval of the minutes for April 13, 2009 Board Workshop and Regular Board Meeting;

and April 22, 2009 Special Board Meeting and Workshop.

6

7

Board Meeting Minutes/May 4, 2009/Page 4 B. Approval of the 2008/2009 Budget Transfers. C. Approval of the Personnel Recommendations. D. Approval of the Affiliation Agreements. E. Approval of the next regular meeting – June 1, 2009. Motion carried. Yeas: Wheeler, Slovacek, Mims, Wilson, Meador Nays: None Motion 8096 Motion was made by Wayne Slovacek, seconded by Ben Meador, to Bids approve the following bids:

EQUIPMENT, SUPPLIES & SERVICES BIDS Central RFP 09-26 Equipment for Non-Destructive Testing (pgs 3 – 4) $ 47,600 District Bid 09-24 Flooring Material and Installation Services 85,000 TOTAL OF ALL BIDS $ 132,600

Purchase Requests, Sole Source Vendors, Cooperatives, and Contract Renewals Drafting – North Campus Purchase Request #1 – CAD Stations and Installations $105,631 Fiscal Affairs – District Office Purchase Request #2 – Collection of Delinquent Ad Valorem Taxes ______ TOTAL OF ALL PURCHASE REQUESTS $ 105,631 Board Meeting Minutes/April 13, 2009/Page 6 GRAND TOTAL: $ 238,231

Motion carried. Yeas: Wilson, Mims, Wheeler, Slovacek, Meador Nays: None Motion 8097 Motion was made by Ruede Wheeler, seconded by Dan Mims, Public Emergencies to authorize the Chancellor or his/her designee to implement and H1N1 Procedures an Emergency Leave Plan during the current declared public and Policies health emergency. Motion carried. Yeas: Wilson, Wheeler, Slovacek, Mims, Meador Nays: None The meeting adjourned at 7:25 p.m.

Item “B” Regular Board Meeting June 1, 2009

Consideration of Approval of Budget Transfers

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends the Board of Trustees approval of budget transfers for 2008-2009 which have been made in accordance with State accounting procedures. BACKGROUND Adoption of the budget by the Board of Trustees in August of each year serves as the authorization to expend funds for the next fiscal year. The budget is adopted by functional classification (or cost elements: Instruction, Academic Support, Student Services, Institutional Support, and Operation and Maintenance of Plant) as defined by the National Association of College and University Business Officers (NACUBO). Realizing that the budget is a viable document that reflects the evolving needs of the District in terms of meeting goals and objectives, occasional movement of budgeted funds between cost elements is desirable and warranted. The budget transfers under consideration represent previously authorized expenditures that are requested to be reclassified from one cost element to another cost element. IMPACT OF THIS ACTION Approval of the budget transfers will allow the District to more effectively utilize existing resources in fulfilling its instructional objectives. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) None – reclassification of existing authorizations. MONITORING AND REPORTING TIMELINE None ATTACHMENTS Attachment 1 – Budget Transfers RESOURCE PERSONNEL Ken Lynn 281.998.6306 [email protected] Mini Izaguirre 281.998.6347 [email protected]

SAN JACINTO COLLEGE DISTRICTBudget Transfers For The June 2009 Board Meeting

Fiscal Year 2008/2009

ELEMENT OF COST DEBIT CREDITDISTRICT

INSTRUCTION -$ -$ PUBLIC SERVICE - - ACADEMIC SUPPORT 153.00 350.00 STUDENT SERVICES - - INSTITUTIONAL SUPPORT 4,000.00 60,526.21 PHYSICAL PLANT - - AUXILIARY ENTERPRISES - -

CENTRALINSTRUCTION 13,273.52 38,912.07 PUBLIC SERVICE - - ACADEMIC SUPPORT 3,217.65 10,698.17 STUDENT SERVICES 30,782.63 80.00 INSTITUTIONAL SUPPORT 49,723.99 3,905.40 PHYSICAL PLANT 445,955.00 1,288.75 AUXILIARY ENTERPRISES - 445,000.00

NORTHINSTRUCTION 3,427.57 - PUBLIC SERVICE - - ACADEMIC SUPPORTACADEMIC SUPPORT - - STUDENT SERVICES 1,967.77 - INSTITUTIONAL SUPPORT - 1,820.00 PHYSICAL PLANT - - AUXILIARY ENTERPRISES - -

SOUTHINSTRUCTION 10,273.19 2,191.94 PUBLIC SERVICE - - ACADEMIC SUPPORT 683.60 2,470.54 STUDENT SERVICES 3,025.64 500.00 INSTITUTIONAL SUPPORT 1,341.94 82.42 PHYSICAL PLANT 232,500.00 - AUXILIARY ENTERPRISES - 232,500.00

800,325.50$ 800,325.50$

These transfers reflect adjustments of budgetary allocations betweencampuses and departments.

CENTRAL12,407.50 SPECIAL POPULATIONS - SIGN SHARE10,492.50 SPECIAL POPULATIONS - SIGN SHARE24,700.00 AIRP 1.5 REDUCTION

445,000.00 MAJOR REHAB/REPAIRS - CAFETERIA REMODELING492,600.00$

SOUTH232,500.00 MAJOR REHAB/REPAIRS - CAFETERIA REMODELING232,500.00$

Attachment 1 – Budget Transfers

Item “C” Regular Board Meeting June 1, 2009

Approval of Personnel Recommendations

RECOMMENDATION Recommend Board approval of the attached personnel recommendations. RATIONALE Hiring of personnel, resignations, retirements, etc. FISCAL IMPLICATIONS TO THE COLLEGE Budgeted CONTACT PERSONS James Fowler, Vice Chancellor of Human Resources

MEMORANDUM

TO: Board of Trustees FROM: Dr. Brenda Hellyer, Chancellor DATE: May 20, 2009 SUBJECT: Recommendations for Board of Trustees Meeting Attached for your approval is the personnel agenda for the June 1, 2009 Board of Trustees meeting. ITEM 1 The Chancellor recommends the current board approved hourly lab rate for faculty not under contract to participate in committee assignments related to the new science building construction during the summer. ITEM 2 DISTRICT New Employees Martha Van Buskirk, Part-time Program Assistant / Resource Development, at a rate of $13.00 per hour effective May 11, 2009. Employee Changes Christina Beall, Full-time Project Coordinator / Aero Academy, at a rate of $4,005.00 per month effective June 1, 2009. Dustin Davis, Full-time Systems Analyst II / ITS Systems Admin., travel stipend of $200 a month effective March 9, 2009. Selene Lopez, Part-time Research Clerk / Research & I. E., at a rate of $9.45 per hour effective May 18, 2009. Extra Service Agreements Jason hairston, Project Coordinator, Aerospace Academy effective June 8, 2009 through August 15, 2009. This ESA is grant funded. Resignations/Terminations None CENTRAL New Employees Melanie Bacon, Part-time Asst. Theatre Manager / Drama, at a rate of $12.00 per hour effective May 4, 2009. Eun Mi Baek, Student Assistant Tutor / Title V, at a rate of $7.00 per hour effective April 25, 2009.

Terry Blanton, Part-time Tool Room Equip. Specialist / Automotive Technology, at a rate of $10.00 per hour effective April 30, 2009. Jacquelyn Brothers, Part-time Asst. Theatre Manager/Drama, at a rate of $12.00 per hour effective April 23, 2009. Michael Carver, Part-time Assistant Theatre Manager / Drama, at a rate of $12.00 per hour effective May 14, 2009. Mary Cavalier, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Jessica Coronado, Federal Work Study Clerk/Library, at a rate of $7.00 per hour effective April 17, 2009. Emily Dunigan, Part-time Asst. Theatre Manager / Drama, at a rate of $12.00 per hour effective May 4, 2009. Araina Edwards, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Richard Furin, Part-time Assistant Theatre Manager / Drama, at a rate of $12.00 per hour effective May 12, 2009. Lisa Harp, Part-time Telecommunicator/Police, at a rate of $10.06 effective April 28, 2009. Abraham Korah, Full-time Reference Librarian/Library, at a rate of $4,353.83 per month effective April 20, 2009. Victoria Martin, Part-time Receptionist/Writing Center-English, at a rate of $7.00 per hour effective April 20, 2009. Stephin Mathew, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Dominga Mendoza, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Kylie Miller, Part-time Asst. Theatre Manager/Drama, at a rate of $12.00 per hour effective April 27, 2009. Perla Ochoa, Federal Work Study Clerk/Campus Financial Aid Office, at a rate of $7.00 per hour effective April 17, 2009. Sarah Purtee, Part-time Asst. Theatre Manager / Drama, at a rate of $12.00 per hour effective April 23, 2009. Elizabeth Redbeth, Part-time Assistant Theatre Manager / Drama, at a rate of $12.00 per hour effective May14, 2009. Susana Romero, Federal Work Study Office Assistant/Health Sciences, at a rate of $7.00 per hour effective April 16, 2009. Samantha Samuel, Part-time Asst. Theatre Manager / Drama, at a rate of $12.00 per hour effective May 4, 2009. Firas Sarsour, Part-time Asst. Theatre Manager / Drama, at a rate of $12.00 per hour effective April 23, 2009.

Tiffany Smith, Part-time Asst. Theatre Manager / Drama, at a rate of $12.00 per hour effective May 14, 2009. Kristy Vargas, Part-time Asst. Theatre Manager/Drama at a rate of $12.00 per hour effective April 23, 2009. Manuel Villarreal, Part-time Student Asst. / Music, at a rate of $7.00 per hour effective May 18, 2009. Alexandria Walker, Part-time Asst. Theater Manager/Drama, at a rate of $12.00 per hour effective April 23, 2009. Courtney Willis, Part-time Asst. Theatre Manager/Drama, at a rate of $12.00 per hour effective April 23, 2009. Amanda Wilson, Part-time Asst. Theatre Manager/Drama at a rate of $12.00 per hour effective May 4, 2009. Employee Changes Yanili Betancourt, Temporary 90 day PT Staff / Test Center, at a rate of $7.00 per hour effective May 18, 2009. Damilola Folawiyo, Student Assistant Administrative Assistant/Student Life, at a rate of $9.45 per hour effective May 4, 2009. Levi Hernandez, Temporary 90 day, Admin. Asst. / Testing Center, at a rate of $9.45 per hour effective May 18, 2009. Scott Horstman will change to Physical Education Department Chair, changing his 10.5 month contract to 12 month 40 hour week effective June 1, 2009. Berenice Spencer, Full-time Admin. Asst. / VPI, added Bilingual Stipend $50.00 per month effective April 1, 2009. Carlos Vasquez, Temporary 90 day Admin. Asst. / Testing Center, at a rate of $9.45 per hour effective May 18, 2009. Contract recommendation Joul Smith, English department, is recommended for a 9 month contract. Resignations/Terminations Meghan Fluckiger, Federal Work Study Information Clerk/Counseling-Student Success Center, resignation effective April 15, 2009. Damilola Folawiyo, Part-time Admin. Asst. / Student Life – Game Room, resignation effective May 8, 2009. Allison Harrington, Student Assistant Multimedia Assistant I, resignation effective April 20, 2009. Beth Hinte, Adjunt Instructor / Weekend College, resignation effective May 15, 2009. Patricia Martinez, Federal Work Study Information Clerk/Campus Services, resignation effective April 6, 2009.

Resignations/Terminations cont. Jessica Palacio, Federal Work Study Information Clerk/Recreation Sports, resignation effective January 1, 2009. William Porter, Part-time Tool Room Equipment Specialist / Automotive Technology, resignation effective March 4, 2009. Yudith Soto, Part-time Administrative Assistant/Game Room, resignation effective February 20, 2009. Julia Teixeira, Student Assistant Tutor / Student Success Center, resignation effective May 11, 2009. Student Assistant Supplemental Instruction / Title V, resignation effective May 11, 2009. Walter Wayne Steinke, Part-time Specialty Lab Assistant / Biology, resignation effective April 27, 2009. Thomas Stokes, Full-time Faculty / Instrumentation, resignation effective May 15, 2009. Stephen Wouters, Student-Assistant Tutor/Student Success Center, resignation effective April 27, 2009 NORTH New Employees Leticia Arredondo, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Lieka Crump, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Vanessa Elizondo, Part-time Administrative Assistant / CPD, at a rate of $9.45 per hour effective May 18, 2009. Kimberly Estrada, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Omar Hinojosa, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Gilberto Iracheta, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Jamie Kinard, Part-time Lab Assistant / Biology – Physics, at a rate of $9.00 per hour effective May 7, 2009. Fredalina Pieri, Part-time Instructor – Non Credit / Upward Bound (UBMS), at a rate of $38.00 per hour effective June 1, 2009. Yuly Arizpe Salazar, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Lauren Sandefer, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Mesha Shuptrine, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009.

Ajani Spiller, Part-time Asst. Women’s Basketball / Athletics, at a rate of $12.00 per hour effective June 1, 2009. Lucas Williams, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Contract recommendation Carol Morgan is recommended for a 9 month contract. Deborah Schultze is recommended for a 12 month 35 hour week contract. Extra Service Agreements Sharon George , Instructor, UBMS effective June 22, 2009 through July 17, 2009. This ESA is grant funded. Judy Ramsay, Instructor , UBMS effective June 22, 2009 through July 17, 2009. This ESA is grant funded. Employee Changes Ciro Ariza, Part-time Tutor Level II / Title V, at a rate of $8.00 per hour effective May 15, 2009. Bianca Arizpe, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Erika Arredondo, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009 Cassandria Carmouche, Temporary Full-time (90 day) Admin. Asst. / Disability Services, at a rate of $9.45 per hour effective June 1, 2009. Candace Davis, Temporary Full-time (90 day) Clerk / Copy Center, at a rate of $7.00 per hour effective May 4, 2009. Mahoganye Galentine, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Idelbrando Garcia, Part-time Tutor Level III / Title V, at a rate of $9.00 per hour effective May 15, 2009. Beverly Hall, Temporary Full-time 90 day Advisor / Counseling, at a rate of $15.00 per hour, effective May 18, 2009. Amanda Herrick, Temporary Full-time 90 day Admin. Asst. / Student Life, at a rate of $9.45 per hour effective May 18, 2009. Chris Hinojosa, Part-time Cook Temp. 90 day Food Service, at a rate of $7.00 per hour effective April 16, 2009. Shannon Hinton, Temporary Full-time 90 day, Advisor/Student Success Center, at a rate of $15.00 per hour effective April 24, 2009. Joyce Johnson, Part-time Cook Temp. 90 day Food Service, at a rate of $7.00 per hour effective April 16, 2009. Jecenia Lara, Part-time Cook Temp. 90 day, Food Service, at a rate of $7.00 per hour effective April 16, 2009.

Jennier McNally, Part-time Supplemental Instruction II / Title V, at a rate of 12.00 per hour effective May 15, 2009. Daniel Mendoza, Part-time Tutor Level III / Title V, at a rate of $9.00 per hour effective May 15, 2009. Elke Ornelas, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Beverly Penn, Part-time Cook Temp. 90 day, Food Service, at a rate of $7.00 per hour effective April 16, 2009. Gerardina Torres, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Alfredo Vazques, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Resignations/Terminations Casey Daic, Part-time Lab Assistant / Physics, resignation effective April 21, 2009. Kyle Dray, Part-time Asst. Women’s Basketball / Athletics, resignation effective May 31, 2009. Rusty Jones, Federal Work Study Clerk / Library, resignation effective May 4, 2009. Geraldine Kinard, Part-time Lab Assistant / Physics, resignation effective April 21, 2009. Brittany Lummus, Part-time Administrative Assistant / CPD, resignation effective May 12, 2009. Venita Reese, Federal Work Study Office Clerk / Career & Employment Center, resignation effective May 14, 2009. Deanna Robinson-Breidel, Full-time Faculty / Math, resignation effective August 15, 2009. Dan Strout, Full-time Professor / Economics, retirement effective August 14, 2009. SOUTH New Employees Brittany Fowler, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Reynaldo Gomez, Part-time Student Tutor / Dual Credit, at a rate of $10.00 per hour effective May 18, 2009. Matthew Graszer, Student Assistant Specialty Lab Assistant / Art, at a rate of $9.00 per hour effective April 13, 2009. Jennifer Haneiko, Full-time Admin. Asst. III/Dean of College Prep, at a rate of $2,364.92 per month effective Febuary 16, 2009. Mariano Lampazzi, Asst. Theatre Manager / Events, at a rate of $12.00 per hour effective April 29, 2009.

Jacquelyn Perez, Student Assistant Office Assistant / Library, at a rate of $7.00 per hour effective May 18, 2009. Sarah Poynter, Part-time Office Assistant/Library, at a rate of $7.00 per hour effective April 28, 2009. William Sostand, Student Assistant Office Assistant/Library, at a rate of $7.00 per hour effective April 17, 2009. Harry Vasquez, Part-time Student Tutor / Dual Credit, at a rate of $10.00 per hour effective May 18, 2009. Employee Changes Lupita Aguirre, Temporary Full-time (90 day) Lab Specialist / Physics, at a rate of $9.00 per hour effective May 11, 2009. Debra Bonier, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Hannah Coyle, Temporary Full-time (90 day) Lab Specialist / Biology, at a rate of $9.00 per hour effective May 11, 2009. Frances De Leon, Temporary Full-time (90 day) Lab Specialist / Chemistry, at a rate of $9.00 per hour effective May 11, 2009. Sarah De Leon, Temporary Full-time (90 day) Lab Specialist / Geology, at a rate of $9.00 per hour effective May 18, 2009. Hana Hong Do, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Darwin Farlough, Temporary Full-time (90 day) Lab Specialist / Biology, at a rate of $9.00 per hour effective May 11, 2009. Angela Flores, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Kristen Foxley, Part-time Faculty Advisor/CSD-Counseling, at a rate of $20.00 per hour effective June 1, 2009. Scott Furtwengler, District Dean of Honors Program, to receive a travel stipend of $200 per month effective February 1, 2009. Sophia Garbutt, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Lizette Garcia, Temporary Full-time 90 day Lab Specialist / Physics, at a rate of $9.00 per hour effective May 11, 2009. Rachel Gomez, Part-time Admin. Asst. / Evening Division, at a rate of $9.45 per hour effective May 4, 2009. Valencia Hatcher, Temporary Full-time 90 day, Lab Specialist / Biology, at a rate of $9.00 per hour effective May 11, 2009. Valencia Hatcher, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009.

Terra Houston, Temporary Full-time 90 day, Lab Specialist / Geology, at a rate of $9.00 per hour effective May 18, 2009. Bhumi Kapadia, Temporary Full-time 90 day, Information Clerk / Student Success Center, at a rate of $7.00 per hour effective April 28, 2009. Bhumi Kapadia, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Jerred Legge, Temporary Full-time 90 day, Lab Specialist / Geology, at a rate of $9.00 per hour effective May 11, 2009. Dorothy Lewis, Federal Work Study Office Assistant / Evening Division, at a rate of $7.00 per hour effective May 18, 2009. Phil Mesa, Temporary Full-time 90 day, Lab Specialist / Geology, at a rate of $9.00 per hour effective May 11, 2009. Employee Changes Cont Daryl Morse, Full-time Engineering Drafting Instructor / Engineering Drafting Technology, promotion at a rate of $47,486 per year effective March 2, 2009. Jessica Ogbonmwan, Temporary Full-time 90 day, Lab Specialist / Biology, at a rate of $9.00 per hour effective May 11, 2009. Michael Ogiemwonyi, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Birendra Pandey, Temporary Full-time 90 day, Lab Specialist / Biology, at a rate of $9.00 per hour effective May 11, 2009. Tyler Pevey, Temporary Full-time 90 day, Lab Specialist / Geology, at a rate of $9.00 per hour effective May 11, 2009. Sonya Prince, Temporary Full-time 90 day, Faculty Advisor/CSD-Counseling, at a rate of $20.00 per hour effective May 18, 2009. Terry Roberts, Temporary Full-time 90 day, Specialty Lab Assistant 1 / Writer’s Center, at a rate of $9.00 per hour effective June 8, 2009 – August 13, 2009. Carissa Simmons, Part-time Adisor/Recruiter / CSD-Counseling, at a rate of $15.00 per hour effective May 15, 2009. Noveta Wimbley, Full-time Business Intelligence Manager / Info. Tech. Services, adding Travel Stipend of $200 per month effective February 2, 2009. Tiffany Yarbrough, Student Assistant Honors Admin. Asst./Honors Program, at a rate of $9.45 per hour effective May 4, 2009. Jonathan Zeek, Part-time Orientation Leader / Student Success Center, at a rate of $8.50 per hour effective May 18, 2009. Resignations/Terminations

Catalina Alanis, Student Assistant Admin. Asst. / Evening Division, resignation effective April 16, 2009. Rachel Gomez, Federal Work Study Office Assistant / Evening Division, resignation effective May 1, 2009. Ashley Guillory, Federal Work Study Information Clerk/Student Life, resignation effective April 15, 2009. Sanford Kanter, Full-time Faculty / History, resignation effective May 15, 2009. Zabdiel Mendoza, Federal Work Study Information Clerk / Student Life, resignation effective May 8, 2009. Ashley Miller, Federal Work Study Student Assistant/Vocational Nursing & ADN Mobility, resignation effective April 28, 2009. Rachael Moss, Full-time Office of Student Life, resignation effective May 1, 2009. Carissa Simmons, Full-time Advisor-Recruiter / Counseling/Advising, resignation effective May 15, 2009.

Item “D” Regular Board Meeting June 1, 2009

Approval of Level 2 Distinguished Faculty Recommendations

RECOMMENDATION Recommend Board approval of the attached Level 2 Distinguished Faculty Recommendations. Level 2 Distinguished Faculty: Three year faculty contract plus $2,000 one-time stipend for the three-year term. FISCAL IMPLICATIONS TO THE COLLEGE Budgeted CONTACT PERSONS James Fowler, Vice Chancellor of Human Resources

LEVEL 2 DISTINGUISHED FACULTY CONTRACT RECOMMENDATIONS

2009/10, 2010/11, 2011/12

Level 2 Distinguished faculty: Three year faculty contract plus $2,000 one-time stipend for the Three-year term.

Central Campus

Barbara Brown, English, 12 month 35 hour week Clara Campbell, Computer Information, 9 month Ann Cartwright, Chemistry, 12 month 35 hour week Janice DiFalco, Nursing, 9 month Lynwood Dunseith, Fire Adminstration, 12 month 35 hour week Danette Ehlinger, Cosmetology, 9 month Ava Good, Speech, 9 month Merrily J. Hoffman, Accounting/Business, 9 month Carrie Hughes, Biology, 9 month David LeMaster, English 9 month Yolanda Lonsford, Nursing, 9 month Pamela Maack, Anthropology, 9 month Karen Malloy, Nursing, 12 month 40 hour week LeeAnn Morris, Language Skills 10.5 month Tina Mougouris, Sociology, 9 month Theresa Rudisell, Cosmetology, 9 month Barbara Schumacher, Biology, 9 month Sharon Sledge, Mathematics, 9 month Greg Steele, Mathematics, 9 month Patricia Steinke, Biology, 9 month Stasi Stewart, Child Development, 9 month Debbie Simpson-Smith, Child Development, 12 month 40 hour week John Thornburg, English, 9 month Patti Underkircher, Physical Education, 9 month Clare Zaborowski, Psychology, 9 month North Campus

Colin Dalton, Reading, 9 month Myrna Gonzalez, Reading, 9 month Karen Hattaway, English, 10.5 month Diana Houston, Medical Assistant, 12 month 35 hour week Susan Lustick, Biology, 9 month Kevin Morris, Real Estate, 12 month, 35 hour week Brett Nelson, History, 10.5 month James Semones, Sociology, 9 month Jan Wilson, Mathematics, 10.5 month

South Campus J.P. Anderson, Mathematics, 10.5 month Dana Belt, Cosmetology, 9 month Susan Eason, Business, 9 month Cheryl Fasullo, Sociology, 10.5 month Pandora Freestone, Cosmetology, 9 month Cynthia Hoobler, Biology, 9 month Mary Lindsay, Cosmetology, 12 month 40 hour week Sandra McCurdy, Mathematics, 10.5 month Joyce Miller, Chemistry, 9 month Kirsten Raines, Biology, 9 month Eddie Weller, History, 9 month

Item “E” Regular Board Meeting June 1, 2009

Approval of the Affiliation Agreements RECOMMENDATION Recommend Board approval of the following Affiliation Agreements: 1. Affiliation Agreement between San Jacinto College South Campus LVN/Paramedic to ADN Mobility Program and The University of Texas Science Center at Houston; 2. Affiliation Agreement between San Jacinto College South Campus ADN Mobility Program and the Harris County Hospital District; 3. Affiliation Agreement between San Jacinto College Central Campus Emergency Medical Technology Department and Lake Jackson EMS; 4. Affiliation Agreement between San Jacinto College Central Campus Surgical Technology Program and University General Hospital. RATIONALE The Affiliation Agreements were reviewed by the College Attorney. FISCAL IMPLICATIONS TO THE COLLEGE None CONTACT PERSONNEL Daniel J. Snooks, Attorney for San Jacinto College District

Item “F”

Regular Board Meeting May 4, 2009 Approval of the Next Regularly Scheduled Meeting

RECOMMENDATION The next regularly scheduled meeting of the Board of Trustees will be July 6, 2009.

ACTION ITEM “XX”

REGULAR BOARD MEETING, June 1, 2009

Presentation of Bids

I.

District:

RFP #09-33 Asphalt and Concrete Services (pgs 3 - 4) $37,000

Central and North:

CSP # 09-35 Central Plant Upgrades (pgs 5 - 6) 2,242,921

TOTAL OF ALL BIDS 2,279,921

II.

ITS

Purchase Request #1 - Switch/Router Maintenance Services (pg 7) 57,365Purchase Request #2 - IP/SAN Maintenance Service (pg 8) 30,000Purchase Request #3 - Internet Services (pg 9) 52,000

ITS / LIBRARY

Purchase Request #4 - Annual Software Maintenance (pg 10) 45,000

EMT

Purchase Request #5 - Ambulance Chassis and Cab (pgs 11 - 12) 36,000

MAINTENANCE

Purchase Request #6 - Kronos Hardware/Software Upgrade (pg 13) 45,000Purchase Request #7 - Resurface Tennis Courts (pg 14) 36,900

CULINARY / RESTAURANT MGT

Purchase Request #8 - Kitchen Renovation (pg 15) 25,300

TOTAL OF PURCHASE REQUESTS 327,565

GRAND TOTAL: $2,607,486

PURCHASE REQUESTS,

SOLE SOURCE VENDORS,

COOPERATIVES, AND CONTRACT RENEWALS


PURCHASE RECAP

JUNE 1, 2009

EQUIPMENT, SUPPLIES & SERVICES BIDS

2

RFP 09-33

Regular Board Meeting June 1, 2009

Consideration of Approval to Purchase Asphalt and Concrete Services

3

ADMINISTRATION RECOMMENDATION/REPORT

The Chancellor recommends that the Board of Trustees approve a contract with AAA Asphalt-Concrete paving to provide asphalt and concrete paving maintenance and replacement services throughout the College. BACKGROUND

A request for proposal, project number 09-33 was issued in April 2009 to procure asphalt and concrete paving maintenance and replacement services for the College. Three responses were received and evaluated and it was determined AAA Asphalt-Concrete Paving would provide the best value and service to the District. IMPACT OF THIS ACTION

The services of an asphalt and concrete firm are required to perform asphalt and concrete repairs and upgrades on the District’s many sidewalks and parking lots in order to maintain hazard-free walkways and parking surfaces for students, visitors and staff. The District’s maintenance department has the ability to perform minor repairs, but the services of a qualified contractor are required for larger projects. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The estimated annual expenditure for this request is $37,000. This expenditure is funded by the Maintenance department’s 2008-2009 and 2009-2010 operating budgets. MONITORING AND REPORTING TIMELINE

The initial contract term will be for one (1) year with the option to renew for three (3) additional one-year periods. ATTACHMENTS

Attachment 1 –Proposal Tabulation and Final Ranking RESOURCE PERSONNEL

Larry Logsdon 281.998.6120 [email protected] Don Netherton 281.478.2792 [email protected] Randi Blinka 281.998.6106 [email protected]

Project Name Asphalt and Concrete Maintenance and Replacement ServicesProject Number RFP 09-33Number of Evaluators 6

Stated Criteria Criteria Explanation

Total

Points

Available AA

A A

sphal

t-

Con

cret

e Pav

ing

J.A

. Mill

s and

Son C

ontr

acto

rs,

Inc.

TO

PCO

Project Understanding

Technical approach to the scope of services, breadth and depth of the Plan Detail 90 75 79 68

Qualifications &

Experience of Firm

Firm’s references, experience, and reputation 150 133 135 120

Qualificiations &

Experience of Personnel

Professional experience and qualifications of the individuals assigned to the account

60 53 52 51

Business QuestionnaireFirm's ability to provide necessary service 120 111 114 85

Price ProposalFirm's pricing respresentative of the scope of services

180 164 138 146600 536 518 470

Final Ranking

Total Points received

Vendor Name Tot

al S

core

Vendor Name

536518470TOPCO

AAA Asphalt-Concrete Paving

J.A. Mills & Son Contractors, Inc.

4

Competitive Sealed Proposal # 09-35


Consideration of Approval for Central Plant Upgrade

5


The Chancellor recommends that the Board of Trustees approve a contract with C-Airs Mechanical for mechanical work at Central, North, and South Campuses. BACKGROUND

In accordance with the 2008 Bond Program in January of 2009 ACR Engineering began working to produce a design for CN32 - Mechanical Work at Central, North, and South Campuses. The Board approved the method of procurement at their regular meeting on March 2, 2009 and a request for competitive sealed proposals (CSP) was issued in May 2009. A pre-proposal meeting for interested contractors was conducted on May 5, 2009 and CSPs were received and opened on May 19, 2009. Three contractors responded to the solicitation. The proposals were evaluated and ranked based on the evaluation criteria published in the solicitation. The scores were tabulated and it was determined that C-Airs Mechanical submitted the proposal that offered the best value to District. The scoring and ranking results are attached. After negotiations with the contractor, it is recommended that SJCCD enter into a contract with C-Airs Mechanical to perform the mechanical work at Central, North, and South Campuses per the specifications that were incorporated into the solicitation documents. IMPACT OF THIS ACTION

The scope of work this contractor will perform includes replacing the York chiller at Central Campus coordinated with replacing the chiller and cooling tower at North. The work also includes replacing boilers at Central, North, and South Campus as part of the 2008 Bond program.

BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The total estimated expenditure for this project is $2,242,921 and is be funded through the 2008 Bond Program MONITORING AND REPORTING TIMELINE

All work is scheduled to be completed two hundred and sixty (260) calendar days from the Notice to Proceed. ATTACHMENTS

Attachment 1 – Proposal Tabulation Attachment 2 – Final Ranking RESOURCE PERSONNEL

Dr. Ronald Rucker 281.998-6105 [email protected] Larry Logsdon 281.998.6120 [email protected]

Attachment No. 1

Project Name CN32 - Mechanical Work

Project Number #09-35

Number of Evaluators 5

Stated Criteria Criteria Explanation

Weighted

Percentage

Proposed amount of the base proposal

Proposed construction contract amount (base price plus all alternates). Lower amount equates to a higher score.

30 225.00 160.00 200.00

Proposed length of construction time & proposed management plan

Proposed contract construction time expressed in calendar days. Lesser duration equates to a higher score.

15 102.50 65.00 105.00

Reputation of the Contractor based on references

References from project Owners and Architect/Engineers. Positive comments equate to a higher score.

15 100.00 100.00 102.50

Contractor's experience and quality of performance on previous projects

Contractor's relevant and recent successful experience with projects of similar size, scope, complexity and value. Positive experiences equate to a higher score.

20 136.67 113.33 140.00

Safety Record

Quality of Contractors written Safety and Drug/Alcohol Policy. Contractors current Workmens Compensation Modifier. Number of Lost Time Incidents during the past five years and the associated total number of lost days. Number of Occupational Safety and Health Administration citations received during the past five years. Positive policies, lower modifier, lower number of incidents and lost days, and lower number of incidents and lost days, and lower number of citations

5 30.00 24.17 34.17

The likelihood that the proposer will perform competently without delay or interference

Quality and clarity of Contractor's work plan. Organization, staffing, and management of construction team personnel. Demonstration of Contractor's sensitivity to ongoing college operations and ability to accommodate the campus schedule. Demonstrated quality and clarity equate to a higher score.

10 65.00 63.33 68.33

Project Personnel

Qualifications of the proposed project personnel to be assigned to the project. Greater qualifications and level of commitment equate to a higher score.

5 34.17 32.50 34.17

693.33 558.33 684.17

Final Ranking

Vendor Name Total Score

Price

Proposal

C-Airs Mechanical 693.33 $2,242,921

Gray/Rex Mechanical 684.17 $2,537,900

Gurry Mechanical 558.33 $3,027,850

C-A

irs

Mec

ha

nic

al

Gra

y/R

ex

Mec

ha

nic

al

Gu

rry

Mec

ha

nic

al

Total Weighted Scores

6

Purchase Request # 1


Consideration of Approval to Purchase Switch/Router Maintenance Service

7


The Chancellor recommends that the Board of Trustees approve the purchase of annual maintenance services for all Extreme Summit switches and routers from Dell Computers. BACKGROUND

Extreme Summit switches and routers are utilized district-wide to connect individual computers to the network infrastructure. The core maintenance switches process all the network traffic for the College. The annual service agreement provides repair and/or replacement for any system equipment that exhibits functionality problems. This purchase will be made through the Department of Information Resources (DIR) cooperative purchasing program. DIR contracts are developed from bids that were competitively bid and awarded by the State of Texas in accordance with Chapter 2157 Government Code and Section 44.031(i) of the Texas Education Code. The DIR contract number is DIR-SDD-890. IMPACT OF THIS ACTION

Approval of this purchase will provide the college with annual maintenance services for all Extreme Core Network Switches. Maintenance of the switches ensures the College has reliable carrier grade hardware, sufficient threat protection of college information and universal connectivity to support a variety of applications and devices college-wide. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The total estimated expenditure for these services is $57,365. This expenditure is funded through the ITS departments 2008-20009 budget. MONITORING AND REPORTING TIMELINE

None ATTACHMENTS

None RESOURCE PERSONNEL

Will Sydnor 281-998-6150 [email protected] Jerry Ward 281.998.6306 [email protected]



Consideration of Approval to Purchase IP/SAN Maintenance Service

8


The Chancellor recommends that the Board of Trustees approve the purchase for annual Intransa IP/SAN maintenance with NWM Corporation for the fiscal year 2009-2010. BACKGROUND

The IP/SAN is the primary storage for the College’s backup system and holds students’ data. Without this system, students would not have home drives, profiles or desktops. The maintenance agreement for the Intransa IP SAN provides ITS personnel access to customer support as well as maintenance and technical support for the College with updates to software and firmware for the system. The agreement also includes the replacement of any parts that fail. This purchase will be made through the State of Texas Department of Information Resources (DIR) cooperative contracts program. DIR contracts have been developed from bids that were competitively bid and awarded by the State of Texas in accordance with Chapter 2157 of the Government Code and Section 44.031(i) of the Texas Education Code. The NWN DIR contract number is DIR-SDD-258. IMPACT OF THIS ACTION

Continuation of this maintenance agreement will provide the college with primary storage support services for the College’s backup systems that store student data. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The estimated expenditure for this request is $30,000. This expenditure is funded through the ITS 2009-2010 operating budget. MONITORING AND REPORTING TIMELINE

None ATTACHMENTS


Will Sydnor 281-998-4644 [email protected] Jerry Ward 281.998.6328 [email protected]



Consideration of Approval to Renew Internet Services

9


The Chancellor recommends that the Board of Trustees approve a contract renewal with AT&T for the College’s internet services. BACKGROUND

The District entered into a five year agreement with AT&T in 2008 to provide expanded internet access across the District. The connection levels were increased from 30 Mbps to 100 Mbps to meet the requirements of students, faculty and staff at an overall cost less than previously expended. The AT&T connection is housed at the District office and provides the entire district with broader bandwidth which increased connectivity and allows more people to connect at one time with no notable reduction in internet accessibility. This is the second year of a five-year contract through the DIR contract with the State of Texas Department of Information Resources (DIR) cooperative contracts program. The contract number is DIR-TEXAN-2000. IMPACT OF THIS ACTION

This contract is critical because it provides all of the internet connections for the entire district. Without this service students, faculty and staff would not be able to access the internet through a San Jacinto College computer connection. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The total expenditure for this request will be $52,000. This expenditure is funded through the ITS department’s 2008-2009 operating budget. MONITORING AND REPORTING TIMELINE

None ATTACHMENTS


Will Sydnor 281.998.6150 [email protected] Jerry Ward 281.998.6328 [email protected]



Consideration of Approval to Purchase Annual Software Maintenance

10


The Chancellor recommends that the Board of Trustees approve a purchase request for annual maintenance and updates for the Millennium System from Innovative Interfaces. BACKGROUND

A request for proposals, project # 08-11 was issued to select a qualified firm to supply a new Library Information System to replace the antiquated Horizon Information System that previously served the campus libraries for a decade. The selected software, the Millennium System, was implemented by Innovative Interfaces, Inc (ITS). ITS is responsible for housing the server which provides interconnectivity between Banner and Blackboard and performs weekly tape backups of the library database. The Millennium System also includes index maintenance, updates and technical support services. The system serves SJCCD’s 300,000 library titles and houses a database of 120,000 student records spanning several years with integrated databases throughout the San Jacinto College libraries. IMPACT OF THIS ACTION

If approved, this software will continue the utilization of the Millennium System library software provided by Innovative Interfaces, Inc. which serves each of the three campus libraries who in turn play a pivotal role in meeting the needs of the students and faculty who rely on access to the library’s contents. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The total expenditure for this request is $45,000. This expenditure is funded through the library and ITS 2008-2009 budgets. MONITORING AND REPORTING TIMELINE

None ATTACHMENTS

None

RESOURCE PERSONNEL

Karen Blankenship 281-998.6150 [email protected] Jerry Ward 281.998.6328 [email protected]



Consideration of Approval to Purchase an Ambulance Chassis and Cab

11


The Chancellor recommends that the Board of Trustees approve the purchase of an ambulance chassis and cab from Knapp Chevrolet for the Emergency Medical Technology department. BACKGROUND

In 1998, San Jacinto College purchased a used 1989 Chevrolet Type I ambulance, remanufactured by Frazer, Ltd., to be used as a training skills laboratory for EMT practical experience and as a mobile training platform for area industry contracted instruction. This ambulance unit (the Mobile Intensive Care Lab) has functioned in this capacity since May of 1998, providing credit and non-credit students with a real-life learning environment for all levels of EMT training. The Mobile Intensive Care Lab has been utilized by college faculty throughout the years for high school career day recruiting, community health fairs, industry health fairs and serves as a constant advertisement for the emergency medical technology program and allied health programs at San Jacinto College. In the last two years, the age and regular use of the Mobile Intensive Care Lab finally rendered it too unreliable for off campus travel to remote training programs in the district. The Lab continues to be used as a static lab demonstrator on campus at the Health Science building on Central Campus for credit and non-credit EMT students. The deteriorating exterior condition of the 1989 cab and chassis has become an eyesore and a health hazard as it has begun to leak engine fluids onto the parking lot. However, the aluminum ambulance box (patient compartment) is still in pristine condition and completely functional. IMPACT OF THIS ACTION

Approval of the purchase of the new cab and chassis unit and remounting the existing ambulance box to it will restore the physical functionality of the ambulance lab to that of an operating ambulance unit. In addition to its continuous static training functions, this restored operational ambulance lab will allow San Jacinto College to again reach out to attend and be visible at high school recruiting (including dual credit programs), allow firsthand experience for recruiting ventures around the district and to participate in our community health fairs and exhibitions. Further, the Emergency Medical Technology department (now a district-wide program), will be able to take the practical ambulance training experience to other EMT programs on campuses to simulate patient care in a real-life environment. The faculty travel in the Mobile Intensive Care Lab from campus to campus will provide passive EMT program advertisement across the district and place an icon of San Jacinto College Technical Training in the midst of the community population at large. This purchase will be procured through the Houston-Galveston Area Council (H-GAC) cooperative contracts program. H-GAC contracts have been executed from solicitations that were competitively bid and awarded. The H-GAC contract number is AM04-08. This purchase is exempt from competitive sourcing as stated in Section 791.001 (g) and 44.031 of the Texas Education Code. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The expenditure for this request is $36,000. This expenditure is funded through the Emergency Medical Technology department’s operating budget for fiscal year 2008-2009.



Consideration of Approval to Purchase an Ambulance Chassis and Cab

12

MONITORING AND REPORTING TIMELINE

None ATTACHMENTS


Barbara Taplin 281.476.1817 [email protected] Joe Hamilton 281.476.1862 [email protected] Randi Blinka 281.998.6106 [email protected]



Consideration of Approval for Kronos Hardware/Software Upgrade

13


The Chancellor recommends that the Board of Trustees approve a contract with Kronos Incorporated to upgrade existing hardware/software for the timekeeping system utilized by the District for the fiscal year 2009-2010. BACKGROUND

The Kronos system is utilized by the maintenance and the police departments on all three campuses to track hours and accruals for payroll purposes. The District has implemented and has used the Kronos system since 1998. The Kronos system is a proprietary software system and offers a time management software and hardware suite that interfaces with the Banner software system used throughout the District. Kronos Inc. is the only source from which the maintenance agreement can be purchased along with the time management software component. This purchase qualifies as a sole source and is exempt from competitive sourcing per section 44.031 of the Texas Education Code. Sole Source number 1199 has been issued for this expenditure. IMPACT OF THIS ACTION

Kronos Inc. no longer offers support services for the current software version that the District uses due to its age. One key feature in the upgrade includes the use of biometrics to help identify the employee clocking in and will also allow the District to move the program to servers for improved backup security and hardware support. If the upgrade is not purchased the District’s version will no longer be covered by a service contract. ITS has also recommend that the time keeping system be placed on the District servers, which, without the upgrade, will not be possible. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The total estimated expenditure for these services is $45,000. This expenditure is funded through the Maintenance department’s 2008-2009 and 2009-2010 budget. MONITORING AND REPORTING TIMELINE

None ATTACHMENTS


Don Netherton 281.478.2792 [email protected] Mike Bortner 281.478.2728 [email protected]



Consideration of Approval to Resurface Tennis Courts

14


The Chancellor recommends that the Board of Trustees approve Centennial Contractors to resurface the tennis courts on Central Campus. BACKGROUND

Nine tennis courts were installed at the Central campus in 1982. The courts are used by students in physical education classes, faculty, staff, the community and UIL events for area high schools. The tennis court surfaces have begun to peel extensively which creates a safety hazard for players. The last renovation of the tennis courts was completed in May 2002. The construction department obtained quotes for the renovation work and Centennial Contractors, a job order contractor (JOC) through the Tarrant County Purchasing Cooperative, offered the best value to the College for the project. The Tarrant County Purchasing Cooperative is an interlocal agreement that awards contracts from competitively bid solicitations and complies with the competitive bidding requirements per Section 44.031 of the Texas Education Code. IMPACT OF THIS ACTION

If approved, the renovation will include repair, resurfacing and striping of all the playing surfaces on all nine tennis courts. This work will provide a safe tennis playing surface for students, faculty, staff and community players. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The estimated expenditure for this request is $36,900 and is funded by the Maintenance department’s 2008-2009 operating budget. MONITORING AND REPORTING TIMELINE

Resurfacing work will be completed by June 30, 2009. ATTACHMENTS

None

RESOURCE PERSONNEL

Don Netherton 281.478.2792 [email protected] Jay Morris 281.386.8624 [email protected]



Consideration of Approval for Kitchen Renovation

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The Chancellor recommends that the Board of Trustees approve the purchase of renovation materials and installation services from Texan Floor Service for the Culinary Arts/Restaurant Management Program Kitchen Laboratory located in the Ball Technical Building located on the Central campus. BACKGROUND

The Culinary Arts/Restaurant Management Department trains students to work in the Food Service Industry. The classroom for these students is a commercial kitchen setting which provides a hands-on opportunity for students preparing to work in a restaurant setting. The training facilities at Central campus are regulated by the same health codes as other commercial kitchens and are currently not in compliance with industry standards and local health codes. The existing flooring and wall coverings in the kitchen need to be replaced in order to meet the required health codes. The supplies and services for this renovation will be procured through the Texas multiple award schedule (TXMAS) cooperative contracts program. TXMAS contracts have been executed from solicitations that were competitively bid and awarded. The TXMAS contract number is TXMAS-4-721A040-1. This purchase is complies with the competitive bid requirement per Section 791.001 (g) and 44.031 of the Texas Education Code. IMPACT OF THIS ACTION

The installation of quarry tile on the floor and fiberglass reinforced panels on the walls will bring the kitchen up to current health code and industry standards and allow the continuation of classes to train students in the culinary arts program. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The estimated expenditure for this request is $25,300. This expenditure is funded through the Culinary Arts/Restaurant Management department’s approved discretionary funds for fiscal year 2008-2009. MONITORING AND REPORTING TIMELINE

None ATTACHMENTS


Steven Horton 281.476.1634 [email protected] Leonard Pringle 281.542.2099 [email protected] Randi Blinka 281.998.6106 [email protected]

San Jacinto College€¦ · May 29, 2009 . NOTICE OF MEETING . BOARD OF TRUSTEES . SAN JACINTO...

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Transcript of San Jacinto College€¦ · May 29, 2009 . NOTICE OF MEETING . BOARD OF TRUSTEES . SAN JACINTO...