HARTNELL COMMUNITY COLLEGE BOARD OF TRUSTEES Aaron P. Johnson, President

HARTNELL COMMUNITY COLLEGE

BOARD OF TRUSTEES

Aaron P. Johnson, President

Berna Z. Maya, Vice President

Bill Freeman, John Martinez, Brad Rice, Kari Lee Valdés

Lorena Moreno, Student Trustee

Dr. Phoebe Helm, Interim Superintendent/President, Secretary to the Board

AGENDA

ANNUAL ORGANIZATIONAL MEETING OF THE BOARD OF TRUSTEES

DECEMBER 4, 2007

TIME/PLACE:

4:00 p.m. OPEN SESSION

4:05 p.m. CLOSED SESSION -President’s Office

5:30 p.m. OPEN SESSION - CAB 112

HARTNELL COMMUNITY COLLEGE

411 Central Avenue, Salinas

Board Room (CAB 112)

In accordance with Education Code Section 72000, the Annual Organizational Meeting of the Board of Trustees of Hartnell

Community College District is scheduled in Room C-112, Board Room/Administration Building Hartnell College, to be followed by Closed Session.

MISSION STATEMENT

Hartnell College provides the leadership and resources to ensure that all students shall have equal access to a quality education and the opportunity to pursue and achieve their goals. We are responsive to the learning needs of our community and dedicated to a diverse educational and cultural campus environment that prepares our students for productive participation in a changing world.

The Board of Trustees welcomes you to its meetings, which are regularly scheduled on the first Tuesday of each month.

The agenda is divided into two sections:

A. REGULAR AGENDA : Action Items : These items include significant administrative and financial actions classified by departmental areas and are approved by majority vote for each item. Information Items: These items include presentations to the Board and items for discussion prior to Board action which is usually taken at the next meeting.

B. CONSENT AGENDA: These matters include routine administrative and financial actions classified by departmental areas and are usually approved by a single majority vote.

INDIVIDUALS DESIRING TO ADDRESS THE BOARD: Any member of the audience desiring to address the

Board should complete and submit to the Superintendent prior to the meeting, if possible, a Speaker Request Form, available at the door. When the item PUBLIC COMMENTS is taken, the Board President will recognize those who have filled out a Speaker Request Form in the order in which they are received. Members of the public shall be able to address the Governing Board regarding items on the agenda as such items are taken up. The Board President may limit the time of presentation to three minutes per speaker, per subject, and a maximum of twenty minutes for each subject matter. Following public comment, the Board President will limit discussion to the Board only.

I. OPEN SESSION, CALL TO ORDER, CAB 112 Board Room, 4:00 p.m.

2. DISCLOSURE OF ITEMS TO BE DISCUSSED IN CLOSED SESSION, AS FOLLOWS:

Items to be discussed in Closed Session will include, legal, personnel, labor, and/or contract matters authorized for Closed Session per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6.

II.

4. PUBLIC COMMENT PERIOD REGARDING CLOSED SESSION ITEMS

Five minutes set aside for public comment on closed session items. Maximum three minutes each presentation.

CLOSED SESSION

The Board of Trustees of Hartnell Community College District will meet in Closed Session to consider matters authorized for Closed Session in accordance with applicable Government Code Sections 3549.1,

54956.9, 54957 and/or 54957.6.

III. RECONVENE TO OPEN SESSION/ANNUAL ORGANIZATIONAL MEETING OF THE BOARD OF

TRUSTEES

Pledge of Allegiance

A. REPORT OUT FROM CLOSED SESSION

B. CERTIFICATE OF APPRECIATION – DR. DONNA DUELL, NURSING PROGRAM

ACTION ITEMS IV.

Adopt Resolutions of Appreciation in recognition of outstanding public service.

VI.

2. SWEARING IN OF NEW TRUSTEES

Administer Oath of Office to recently-elected Trustees to serve four-year terms.

3. ELECTION OF OFFICERS AND REPRESENTATIVES

Select officers and representatives to the Board of Trustees for the 2008 calendar year.

4. DESIGNATION OF 2008 BOARD MEETING DATES AND TIMES

Set dates and times of Board meetings for the 2008 calendar year.

Action 5. RESOLUTION 07:15 – AUTHORIZING SIGNATURE OF BOARD SECRETARY ON

(Roll call) DOCUMENTS

Approve Resolution 07:15 authorizing Board Secretary to sign all appropriate documents.

ADJOURNMENT

Adjourn the December 4, 2007, Board of Trustees Annual Organizational Meeting

AGENDA ITEM FOR BOARD MEETING OF: December 4, 2007

Title:

Resolutions of Appreciation

Number:

IV.1

Area:

Board of Trustees

Status:

Action (Roll call)

Recommendation Action:

That the Board of Trustees adopt Resolutions in recognition of outstanding public service provided to Hartnell College by Trustees Johnson, Maya, and McShane.

Summary:

Resolutions will be presented to Trustee Aaron Johnson, Trustee Berna Maya and Trustee

Steve McShane, who left the Board in July, in recognition of their outstanding public service provided to the Hartnell Community College.

Budget Implications:

None


Title:

Swearing in of Board Members

Number:

IV.2

Area:

Annual Organization Meeting

Status:

Action


Administer Oath of Office to recently elected Trustees to serve four year terms and seat the four new trustees.

Summary:

The following persons are to be sworn in as Trustees of the Hartnell Community College

District:

Kevin Healy

Bill Freeman

Pat Donahue

Trustee Area 1

Trustee Area 2

Trustee Area 3

December 2007 – November 2011



Elia Gonzalez-Castro Trustee Area 4 December 2007 – November 2011


None

ANNUAL ORGANIZATION MEETING OF TRUSTEES:

Title:

Annual Election of Officers and

Representative

Number:

December 4, 2007

IV.3

Area:

Annual Organization Meeting

Status:

Action

Recommended Action:

That the Board conduct the election of officers as described below:

Summary

In accord with Education Code Section 72000, the Hartnell College District Board of Trustees will conduct its annual election of officers and representatives for 2008 as follows:

Board President

Board Vice President

Board Secretary

College Representative to Sunrise House

Budget Implication:

None


Title:

Designation of 2008 Board Meeting

Dates and Times

Number:

IV.4

Area:

Annual Organizational Meeting

Status:

Action


That the Board of Trustees adopt the recommended dates and times for meetings in 2008.

Summary:

Education Code Section 72000 requires that the governing board of each community college district hold regular monthly meetings. Dates and times of Closed Session and Open Board

Meetings are recommended for the first Tuesday of each month as presented below:

Closed Session Open Board Meeting

January 8, 2008

February 5, 2008

March 4, 2008

April 1, 2008

May 6, 2008

June 3, 2008

July 1, 2008

August 5, 2008

September 9, 2008

October 7, 2008

November 4, 2008

December 2, 2008


None

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Title:

Resolution 07:15 Authorizing Signature of

Interim Superintendent/President as

Secretary of the Board of Trustees

Number:

IV.5

Area:

Annual Organizational Meeting

Status:

Action (Roll Call)

Recommended Action:

That the Board of Trustees adopt the foregoing Resolution 07:15 authorizing the signature on appropriate documents of Dr. Phoebe Helm, Interim Superintendent/President, as Interim

Board of Trustees Secretary.

Summary:

WHEREAS, Dr. Phoebe Helm has been duly appointed to perform the duties of

Secretary of the Board of Trustees (as set forth in the Education) of Hartnell College District,

NOW, THEREFORE, BE IT RESOLVED, that Dr. Phoebe Helms is hereby authorized to sign all appropriate documents requiring the signature of the Interim Board of Trustees’

Secretary.

AYES:

NOES:

ABSENT:


None


BOARD OF TRUSTEES

Aaron P. Johnson, President

Berna Z. Maya, Vice President



Dr. Phoebe Helm, Interim Superintendent/President, Secretary to the Board

AGENDA

MEETING OF THE BOARD OF TRUSTEES

ANNUAL MEETING OF THE MEMBER – Western Stage Auxiliary Corporation


TIME/PLACE:

5:30 p.m. OPEN SESSION



Board Room (CAB 112)



I. OPEN SESSION, CALL TO ORDER, CAB 112 Board Room

Action

Action

II. ACTION ITEMS

1. APPOINT AND APPROVE TWO TRUSTEES TO THE WESTERN STAGE AUXILIARY BOARD OF

DIRECTORS – TWO-YEAR TERMS

Appoint and approve two Trustees as members of the Western Stage Auxiliary Board of Directors for a term of two years. For 2008, Trustee Valdés will serve her second year of a two-year term.

2. APPROVE APPOINTMENTS OF THE WESTERN STAGE AUXILIARY BOARD

Approve appointments of Board of Directors for 2008-09 (two-year terms) of the Western Stage Auxiliary

Board.

III. ADJOURNMENT

Adjourn Annual Meeting of the Member, Western Stage Auxiliary Corporation.

ANNUAL MEETING OF THE MEMBER

Title:

Appoint and Approve Trustees as

Members of the Western Stage Auxiliary

Board of Directors

December 4, 2007

Number:

II.1

Area:

Western Stage

Status:

Action

Recommended Action:

That the Board of Trustees appoint and approve appointments of two Trustees as members of the Western Stage Auxiliary Board of Directors for a term of two years.

Summary:

In accordance with the by-laws of the Western Stage Auxiliary Corporation, the Annual

“Meeting of the Member” will be held annually, on the same day as the Board of Trustees annual organizational meeting in December, for the purpose of appointing trustees.

The Western Stage Auxiliary Board includes three Board of Trustees. Trustee Kari Lee

Valdés was appointed and approved to serve a two-year term in December 2006 and will conclude her term at the end of 2008. At this time, there are two vacancies (two-year terms) that need to be appointed and approved by the Board of Trustees.


None


Title:

Approve Election of Western Stage

Auxiliary Board of Directors for 2008-09

Area:

Western Stage

Number:

II.2

Status:

Action

Recommended Action:

That the Board of Trustees approve the Western Stage Auxiliary Board of Directors (two year terms).

Summary:

The Western Stage Auxiliary Board requests approval of Directors for 2008-09.

Nominated by the Western Stage Board of Directors for re-election by the Hartnell

College Board of Trustees (two-year terms) are:

Attached are their biographies.

Budget Implication:

None

The Western Stage Board of Directors

Minta Brown

Born on the Monterey Peninsula and a graduate of Hartnell College, Minta enjoyed a nursing career at the Community Hospital of the Monterey Peninsula. After 12 years of nursing, Minta pursued a business opportunity as the proprietor of a coffee shop and art gallery in Pacific Grove.

She is currently a realtor in a busy Salinas office and a member of the Women’s Council of

Realtors. Minta is a proud mother of a son who has been discovering his acting talents at The

Western Stage. Together, she and Mason enjoy volunteer work at The Western Stage and for

Meals on Wheels. They believe community strength lies in the participation of its citizens.

Darlene Dunham

A seventh-generation Monterey County native, Ms. Dunham is former President of the Board of

Trustees of Hartnell College and is Monterey County Supervisor Simon Salinas’ chief aide.

Darlene has a Bachelor of Arts in History and will complete her Master’s in Organizational

Leadership this Fall. Together with husband Paul, the Dunhams go back many years as Friends of The Western Stage.

Linda Gin

A native of Salinas and graduate of Hartnell College, Ms. Gin has been a patron of The Western

Stage over 20 years and now is supporting its efforts to continue its wonderful productions for those of us who love live theatre. She introduced her sons to theatre and they now have a wonderful appreciation of the art. Ms. Gin is currently Vice President and Trust Officer for

Wells Fargo Private Bank which helps clients build, manage, preserve and transfer wealth. She continues to serve on the President’s Council for Student Success and co-chairs the Women’s

Leadership Council at CSUMB. She is also a board member of the League of Women Voters and the Chinese Association. Currently she is principal of the Chinese School for Children. She is a member of several professional groups relating to her profession and serves as chair of various committees in smaller organizations.

Brinet Greenlee

Ms. Greenlee is a Salinas local and former Hartnell College student and employee. She began her association with The Western Stage as a ticket clerk in the late 1970s. A fifteen-year employee of the Salinas City Elementary School District, Brinet is currently Principal at

Roosevelt Elementary School. She has chosen The Western Stage to embark on a calling in volunteer service for the community. Brinet’s greatest interest lies in travel with her husband,

Robert. Together they also enjoy the performing arts, and have long attended performances at

The Western Stage.

Dottie Massey

Dottie is a native of Monterey County and was raised in Lockwood. She has lived and worked in

Salinas as a produce salesperson for the past twenty years. Dottie was a board member with

Planned Parenthood, Mar Monte (formerly Planned Parenthood of Monterey County) and has participated in fundraising for the Salinas YMCA as well as Planned Parenthood.

James E. Mills

James was born in Salinas and attended Salinas High School where he was an active member of the drama club. He performed in The Western Stage production of The Miracle Worker in 1998.

James attended UC Santa Barbara from 1998 to 2002, where he graduated with honors with a

B.S. in Communication. Upon graduating he moved to the San Francisco Bay Area and worked as Director of Sales for a startup Internet company called Reply.com. In 2004, James returned to

Salinas to work in sales and business development for his family business, Mills Family Farms.

James is the third generation Mills to work for the business and is very happy to be back in the

Monterey Bay Area with his family and friends. In his free time James enjoys listening to music, lifting weights, cooking, and playing racquetball. He looks forward to many more years in the area and is excited about the opportunity to help The Western Stage prosper.


BOARD OF TRUSTEES

Aaron Johnson, President

Berna Maya, Vice President



Dr. Phoebe K. Helm, Interim Superintendent/President, Secretary to the Board

AGENDA

REGULAR MEETING OF THE BOARD OF TRUSTEES


TIME/PLACE:

5:45 p.m. OPEN SESSION – CAB112 – Board Room

CLOSED SESSION -President’s Office

6:00 p.m. OPEN SESSION





The Board of Trustees welcomes you to its meetings, which are regularly scheduled on the first Tuesday of each month.

The agenda is divided into two sections:

A. REGULAR AGENDA : Action Items : These items include significant administrative and financial actions classified by departmental areas and are approved by majority vote for each item.

Information Items: These items include presentations to the Board and items for discussion prior to

Board action which is usually taken at the next meeting.

B. CONSENT AGENDA: These matters include routine administrative and financial actions classified by departmental areas and are usually approved by a single majority vote.

INDIVIDUALS DESIRING TO ADDRESS THE BOARD: Any member of the audience desiring to address the Board should complete and submit to the Superintendent prior to the meeting, if possible, a

Speaker Request Form, available at the door. When the item PUBLIC COMMENTS is taken, the Board

President will recognize those who have filled out a Speaker Request Form in the order in which they are received. Members of the public shall be able to address the Governing Board regarding items on the

.

agenda as such items are taken up. The Board President may limit the time of presentation to three minutes per speaker, per subject, and a maximum of twenty minutes for each subject matter. Following public comment, the Board President will limit discussion to the Board only.

HARTNELL COMMUNITY COLLEGE DISTRICT

1 of 3

DEC. 4, 2007

I. OPEN SESSION, CALL TO ORDER, CAB 112 Board Room

2. DISCLOSURE OF ITEMS TO BE DISCUSSED IN CLOSED SESSION, AS FOLLOWS:

Items to be discussed in Closed Session will include, legal, personnel, labor, and/or contract matters authorized for Closed Session per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6.

4. PUBLIC COMMENT PERIOD REGARDING CLOSED SESSION ITEMS

Five minutes set aside for public comment on closed session items. Maximum three minutes each presentation.

II. CLOSED SESSION

The Board of Trustees of Hartnell Community College District will meet in Closed Session to consider matters authorized for Closed Session in accordance with applicable Government Code Sections 3549.1,

54956.9, 54957 and/or 54957.6.

III. RECONVENE TO OPEN SESSION/REGULAR MEETING OF THE BOARD OF TRUSTEES

Pledge of Allegiance

A. REPORT OUT FROM CLOSED SESSION

1. TWENTY MINUTES SET ASIDE FOR PRESENTATIONS - MAXIMUM THREE MINUTES

EACH PRESENTATION

Receive comments from the public. Maximum three minutes each presentation.

C. PRESENTATIONS AND REPORTS – Limit Presentation to Maximum Minutes

1. BOND OVERSIGHT COMMITTEE

Damon Felice, Townsend Management, Inc. d. Search for Superintendent/President

Action D. CONSENT ACTION ITEMS

1. MINUTES

Approve Minutes of Regular Meeting of November 6, 2007.

Ratify disbursements from college accounts: General Cafeteria, Child Development, Capital

Outlay Restricted, Property Acquisition Restricted and Deferred Maintenance Funds, Revolving,

Bookstore, Scholarship & Loan, Athletic, Associated Student Body.

3. APPROVE ACADEMIC CALENDARS FOR 2008-2009 AND 2009-2010

4. REVIEW AND ACCEPT LOWEST BID AND RATIFY CONTRACT

Review and accept the lowest bid and ratify contract with BCI General Contractors as general contractor for the Performing Arts building – Adults with Disabilities Act (ADA) Upgrade Project.

HARTNELL COMMUNITY COLLEGE DISTRICT DEC. 4, 2007

2 of 3

5. APPROVE PROPOSAL FROM BEARINGPOINT

Approve proposal from BearingPoint to prepare Indirect Cost Rate.

Approve and/or ratify personnel actions.

Action

(Roll call)

Approve budget revisions numbered as of numbered 7245 to 7274.

2. APPROVE RESOLUTION 7:16

Approve Gann Limit Resolution 7:16 Establishing Appropriations Limit for 2007-08

1. RECEIVE INITIAL COLLECTIVE BARGAINING PROPOSALS

Receive initial collective bargaining proposals between Hartnell Community College District,

California Schools Employees Association, Chapter 470 and Hartnell College Faculty Association.

G. INFORMATION ITEMS

Receive Financial Statements for period ending October 31, 2007.

Reports

H. COLLEGE SENATES

1. STUDENT SENATE, ACADEMIC SENATE, CLASSIFIED SENATE REPORT

Receive brief reports from the Presidents of the College Senates.

I. OFFICE OF SUPERINTENDENT/PRESIDENT

Receive report on matters of interest to the College.

J. BOARD OF TRUSTEES

Report 1. COMMUNICATIONS/CONFERENCE

Receive brief reports on matters of interest to the College and/or conference reports.

Travel request from Trustee John Martinez to attend the 2008 ACCT/AACC National

Legislative Summit, February 10, 2008 – February 13, 2008, Washington D. C.

K. FUTURE AGENDA ITEMS

(Items placed on future agenda will be determined in consultation and preparation under the auspices with Superintendent/President and Board President.)

L. NEXT MEETING

Regular Board of Trustees Meeting, January 8, 2008, Hartnell College Board Room, 411

Central Avenue, Salinas, CA, at 4:00 p.m.

Action M. ADJOURNMENT

Adjourn the December 4, 2007, Board of Trustees meeting.

HARTNELL COMMUNITY COLLEGE DISTRICT DEC. 4, 2007

3 of 3

Townsend

Management,

Inc. project planning, engineering and management solutions

CONSTRUCTION UPDATE

AS OF 11/14/2007

CURRENT CONSTRUCTION AND CAMPUS PLANNING PROJECTS

CALL Building

⇒ DMC Construction is the GC for the project

⇒ Production Piles were completed on 11/07/07

⇒ Pile caps, foundations, and SOG will being on 11/13/07

⇒ Structural Steel will start to be erected in December/January

PA ADA Upgrade Project

⇒ The project went out for bid on Monday, October 15 th

⇒

⇒

⇒

⇒

Bid openings will be11/14/07

Board Approval on 12/04/07

Construction will begin in Rm 146 on 12/17/07 and be completed by 1/25/08

The remainder of the construction will begin on 12/24/07 and will be completed by

6/20/08

⇒ The work scope will include ADA compliance and upgrading of some of the finishes in the building

Northeast Landscaping Project

⇒ Bellinger Foster Steinmetz completing the schematic drawings and should be completed

⇒

⇒ with the working drawings in November/December 2007

Construction should begin sometime in the summer/fall of 2008 pending the completion of the exterior of the CALL Building

Additionally, BFS has preparing plans for the north side of Merrill Hall and the construction will start in March 2008

Marquee sign and Campus Map / Directory Signs

⇒ DMC Construction is the GC for the project

⇒ Because of a mix up with a concrete cap submittal the project has been pushed back 4-6 weeks

The project should be completed in November/December ⇒

Student Center Renovation/Remodel Project

⇒ BFGC is working through the construction/working drawings for the project

⇒

⇒

⇒

They presented options on the interior finishes of the building on 8/31

They will now put together interior finish boards with both finishes and colors for the users groups review and selection

The plans should go to DSA in December and will take about 4-6 months for review

Construction should begin sometime in the fall/winter of 2008 ⇒

PE Renovation Project

⇒ Sugimura and Associates (SAA) presented the plan to the user group on 6/28/07

⇒

⇒

The final master plan was received by the District on 8/24/07

A scaled model is currently begin constructed and will be on display for future fundraising

Hartnell College ● Facilities Development Office ● 411 Central Ave., Salinas, CA 93901

Phone(831)770-7041 ● Fax(831)770-7040

1

Townsend

Management,

Inc. project planning, engineering and management solutions

East Campus Center for Applied Technology

⇒ Kasavan Architects is the AOR for the project

⇒

⇒

⇒

⇒

The Preliminary Plans, which includes Schematic Design and Design Development were sent to the Chancellors office for approval on 9/6/07

The Mitigated Negative Declaration was approved by the board on 9/13

The construction Documents will be prepared and submitted to DSA in

November/December 2007

The project will bid in March/April 2008

⇒

⇒

Construction will begin in July 2008

The project will be completed in July 2010

East Campus Master Plan

⇒ The District will begin the planning process for the 142 acres of the East Campus property beginning in 2008

Once that is completed an EIR will be prepared ⇒

Main Campus IPP (Initial Project Proposal)

⇒ The District is beginning to plan the next building on campus

⇒

⇒

At this point we think that we will present documents for a new science building that will sit either on the footprint of the old library or the amphitheater

The IPP is due to the Chancellor’s office by July 2008

Hartnell College ● Facilities Development Office ● 411 Central Ave., Salinas, CA 93901

Phone(831)770-7041 ● Fax(831)770-7040

2

CONSENT ACTION

December 4, 2007

III. D.


Title:

Minutes of Regular and Special Board

Meeting of November 6, 2007

Number:

D.1

Area:

Office of the Superintendent/President

(Supplement SPO-1)

Status:

Consent Action

Recommended Action:

That the Board of Trustees review, revise as appropriate, and adopt minutes for the Regular and

Special Board Meeting of November 6, 2007.

Summary:

Minutes of the Regular and Special Board Meeting of November 6, 2007 are submitted for review and approval.


None

Supplement SPO-1

Unadopted

CALL TO ORDER

PRESENT

ABSENT

ALSO PRESENT

HARTNELL COMMUNITY COLLEGE DISTRICT

REGULAR MEETING OF THE BOARD OF TRUSTEES

November 6, 2007

The Regular Meeting of the Board of Trustees of Hartnell Community College District was called to order in the Board Room at 4:06 p.m., by Board President Aaron Johnson.

Board of Trustees: Aaron Johnson, President

Berna Maya, Vice-President

John Martinez, Trustee (arrived at 4:16 p.m.)

Brad Rice, Trustee

Kari Lee Valdés, Trustee

ADOPT AGENDA

PUBLIC COMMENT

ON CLOSED SESSION

ITEMS

CLOSED SESSION

Phoebe Helm, Interim Superintendent/President – Board Secretary

Lorena Moreno, Student Trustee (arrived at 5:00 p.m.)

Kathleen Rose, Interim Associate Vice President,

Academic Affairs (President’s Designee)

On a motion by Brad Rice, seconded by Kari Lee Valdés, and unanimously carried, the

Board moved to adopt the agenda with amended Consent Action Item, D.13, Personnel

Action.

There were no public comments on Closed Session Items.

OPEN SESSION

PRESENT

The Board Members, Kathleen Rose and Tamberly Petrovich adjourned to Closed Session at 4:07 p.m. to consider legal, personnel, labor, and/or contract matters authorized for

Closed Session per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6.

Board President, Aaron Johnson reconvened the regular meeting at 5:00 p.m.

In addition to those present were:

Management Staff :

Celia Barberena, Vice President, Student Services

Larry Carrier, Vice President, Administrative Services

Tamberly Petrovich, Director, Human Resources/Equal Employment Opportunity

Academic Senate:

Jennifer Lagier Fellguth, President

Hartnell College Faculty Association:

Ann Wright, President

Classified Senate:

None present

C.S.E.A:

Margie Wiebusch, President

Board of Trustees Meeting – November 6, 2007

REPORT OUT FROM

CLOSED SESSION

Page 2 of 5

Student Senate:

Lorena Moreno, President

The Pledge of Allegiance was recited.

Board President, Aaron Johnson reported out the following:

On a motion by Kari Lee Valdés, seconded by Brad Rice, and on a roll call vote, the Board moved to reject the Claim No. 8104-08-000021-01-06 as advised by Keenan and

Associates, Claims Administrator for Hartnell’s property and liability insurance JPA, and in accordance with Government Code §913.

Ayes: 4

Noes: 0

PUBLIC COMMENTS

PRESENTATIONS AND

REPORTS

Bond Oversight

Committee

BORONDA

INTERNATIONAL

STUDY PROGRAM

On a motion by Brad Rice, seconded by John Martinez, and on a roll call vote, the Board moved to reject the Claim No. 8407-07-00002-01-02 as advised by Keenan and Associates,

Claims Administrator for Hartnell’s property and liability insurance JPA, and in accordance with Government Code §913.

Ayes: 5

Noes: 0

Abstained: 0

There were no public comments

There was no formal report; however, Dr. Rose announced that she was informed by TMI that the pile driving will conclude this week. A full, detailed report on the status of each project can be found on the Hartnell College webpage, http://www.hartnell.edu/board/packets .

BOARD’S GOALS

Accreditation

Finances

Communication

Search for Supt/Pres

CONSENT ACTION

Molly Lewis, Coordinator, Student International Program; Gary Smith, Art faculty; Janet

Pessagno, English faculty; Kenny Padilla, photography student; and Cesar Mendoza, agriculture student gave a presentation on the 2007 Boronda International Study Program.

Molly reported that since 1985, the Boronda International Study Program has traveled to

Argentina, Mexico, Italy, Hungary, Washington D.C., Guatemala, Ghana, Japan, Taiwan,

American Southwest, China, England, Spain, and most recently New York City. The students began to prepare for their trip with a spring 07 class instructed by Gary Smith where they learned about the culture and history of New York City. Janet Pessagno reported that she and the scholars scheduled four tours and participated in a variety of activities that included visiting museums, the Brooklyn Bridge, Ellis Island, Jazz

Performances, the Ballet, and a Broadway play. Students, Kenny and Cesar stated that the trip was an important, significant opportunity for them.

Aaron Johnson stated that he is grateful for the program and it is an incredible learning experience for students. Molly announced that the 2008 Boronda International Study

Program will be in Italy.

Accreditation: Dr. Kathleen Rose reported that an Accreditation Site Visit was held on

October 30-31, 2007. The Accrediting Commission will not meet until January 2008; however, the team was pleased with the progress the College has made and that on-going concerns surround sustainability, open dialogue, and processes for linking resources to the improvement plan. The next report is due March 15, 2008 followed by another site visit.

Aaron Johnson thanked everyone for their work.

A motion was made by Brad Rice and seconded by Berna Maya to approve Consent

Actions Items; however, the motion was amended (see below) because Consent Action

Item 8 was pulled for discussion and separate vote by Trustee Martinez.

Board of Trustees Meeting – November 6, 2007 Page 3 of 5

While approved, Consent Action Items 4 and 11 were pulled for comment and/or discussion.

Consent Action Item 4: Trustee Maya asked for clarification on the agreement between

Hartnell College and the Salinas Adult School. Dr. Barberena responded that this outreach effort is a program that helps migrant students obtain a GED. At present,

Hartnell College does not have the approved curriculum, thus a partnership with the

Salinas Adult School allows migrant students to enroll in classes through the Salinas Adult

School and the classes are held at Hartnell College. Curriculum is currently under development by two college faculty and is expected to receive full approval by March

2008. Presently, both Cesar Chavez Library and Bardin Elementary School are potential sites for the classes. Other agreements have been established or are being established with

Soledad Adult School, Greenfield, and Castroville.

Consent Action Item 11: Trustee Valdés recognized the faculty and staff for all of their efforts on the revision of course outlines and programs.

On a motion by Berna Maya, seconded by Brad Rice, and unanimously carried the Board

MINUTES

RATIFIED

DISBURSEMENTS moved to approve Consent Action Items, 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 and 13.

Consent Action 8: Trustee Martinez stated that he had noted that he wanted to pull for discussion and separate vote; however, he received his answers and was satisfied.

On a motion by Kari Lee Valdés, seconded by John Martinez and unanimously carried, the Board moved to approve Consent Action Item 8.

1. The Minutes of Regular and Special Meetings of October 9, 2007 were approved as submitted.

2. Ratified disbursements from College accounts: General Cafeteria, Child

Development, Capital Outlay Restricted, Property Acquisition Restricted and

Deferred Maintenance Funds, Revolving, Bookstore, Scholarship & Loan, Athletic,

Associated Student Body.

3. Approved amendment and restatement of the Hartnell College Foundation Articles of

Incorporation and By-laws.

HARTNELL COLLEGE

FOUNDATION –

ARTICLES OF INC.

SALINAS ADULT

SCHOOL / HARTNELL

COLLEGE – HEP FOR

2007-2008

SOLEDAD ADULT

SCHOOL / HARTNELL

COLLEGE – HEP FOR

2007-08

QUARTERLY

FINANCIAL STATUS

REPORT – 9/30/07

UNIVERSAL

PROTECTION

SERVICES

AGREEMENT

4. Approved the 2007-08 Agreement between Salinas Adult School and Hartnell

7.

College for High School Equivalency Program. Expenses incurred by Hartnell

College are supported by the HEP grant in the amount of approximately $325 per student served.

5. Approved the 2007-08 Agreement between Soledad Adult School and Hartnell

College for High School Equivalency Program. Expenses incurred by Hartnell

College are supported by the HEP grant in the amount of approximately $325 per student served.

6. Reviewed and accepted required State Report: Quarterly Financial Status Report

(CCFS311Q) for quarter ending September 30, 2007.

Approved agreement with Universal Protection Services for Hartnell College security services effective December 16, 2007 for an annual cost of $317,737. This contract is in effect until June 30, 2010 unless otherwise terminated by either party.


KASAVAN

ARCHITECTS

Page 4 of 5

8. Ratified contract for architectural services with Kasavan Architects for the East

Campus Center for Applied Technology Building and East Campus Master Planning

CONTRACT

2007-08 MOU – TECH

Services for $2,461,300, which will be paid by both State and Measure H funds.

9. Approved Memorandum of Understanding between Peralta Community College

District and Hartnell College to participate in the Bay Area Regional Tech Prep PREP / PERALTA

COLLEGE DISTRICT Collaborative for the 2007-08 academic year. This grant provides a one-time grant award of $40,000 Hartnell to support Tech Prep activities at Peralta as detailed in the work plan.

2007-08 MOU –

INSTRUCTIONAL

AGREEMENT-

YOSEMITE COLLEGE

DISTRICT

CURRICULUM

COMMITTEE

10. Approved renewal of Instructional Agreement with Yosemite Community College

District/California Child Development Training Consortium for the 2007-08 academic year. This agreement supports the professional growth and development of childcare providers. A $10,000 grant assists students with tuition, books, supplies, and instructional materials.

11. Approved Curriculum Committee actions during the period of April 19, 2007 through

October 18, 2007.

ACTIONS

NON-CASH

DONATIONS

PERSONNEL ACTIONS

12. Accepted the non-cash donations from the Hartnell College Foundation.

BOARD POLICY 2005

SHARED

GOVERNANCE

13. Ratified and/or approved amended personnel actions. An amended personnel action item was submitted to include II.c., II.d., and III 2.a.

On a motion by Berna Maya, seconded by Kari Lee Valdés and on a roll call vote, the

Board moved to approve the final reading of revised Board Policy 2005, Shared

Governance – Academic Senate.

Ayes: 5

BUDGET REVISIONS

INFORMATION ITEM

Noes: 0

Abstained: 0

On a motion by Kari Lee Valdés, seconded by John Martinez, and on a roll call vote, the

Board moved to approve budget revisions numbers 7120-7237.

Ayes: 5

Noes: 0

Abstained: 0

FINANCIAL

STATEMENTS

STUDENT SENATE

REPORT

ACADEMIC SENATE

REPORT

The Board received and accepted the financial statements for period ending

September 30, 2007.

Lorena Moreno reported that the Annual Spooktacular Event was a huge success—500 children participated, and that the Senate is working on ways to improve student participation on shared governance committees.

Jennifer Lagier Fellguth reported that the Senate appointed faculty to assist with the new

Basic Skills Initiative; has planned a Senate retreat on November 9; has formed a task force to draft a policy regarding minors in the classroom; that the Shared Governance Taskforce has restructured existing shared governance committees and is working on developing the

“nuts and bolts” policies and procedures necessary to integrate program assessment and planning and resource allocation; that the Student Learning Outcomes Assessment

Committee and full Senate attended a retreat to explore assessment options for SLOs; and the Senate Taskforce is working with Human Resources to develop a revised full-time faculty hiring procedure and faculty intern policy.


CLASSIFIED SENATE

Page 5 of 5

Margie Wiebusch reported on behalf of the Classified Senate stating that they have

REPORT

PRESIDENT’S REPORT appointed staff to shared governance committees; that the Senate is working with CSEA on the Shared Governance Taskforce; that CSEA is sponsoring a Story Book Holiday Project.

Dr. Rose (President’s Designee) reported that faculty continue to be engaged in accreditation activities; that two faculty are presently attending the 2007 Assessment

Institute in Indiana. She commended Dyan Miller and Carol Kimbrough for their efforts in providing crisis counseling for students due to the tragic loss of an athlete, and encouraged everyone to view the College calendar on the College website, stating that it is informative

BOARD

COMMUNICATION and well done.

Kari Lee Valdés reported that she is unable to attend The Western Stage Retreat scheduled on November 17, 2007 (9:00-5:00 p.m. at the Elks Lodge) and asked if one of the other trustees could attend on her behalf. Lorena Moreno, Student Trustee agreed.

Berna Maya thanked everyone for their thoughts and prayers during her mother’s surgery; she is recovering well. She also stated that the Salinas Union High School District is getting ready for the holiday season and asked if anyone knew of a family that needed a meal, to please contact her.

John Martinez reported that he recently received a letter from Guanajuato and requested that a dialogue begin with the college administration, City of Salinas, Salinas Valley

Memorial Healthcare System, and Salinas Rotary; as each of these entities have a relationship with Guanajuato. He suggested that a cohesive plan be developed that was inclusive of short and long-term goals. Aaron Johnson agreed that the College should

Travel Request explore this opportunity. Trustee Martinez also reported that he was contacted by an individual who would like to develop and teach a music course at the College. He asked if the individual could come to a meeting and present his music. Aaron suggested that John first meet with Dr. Helm and/or administration.

Aaron Johnson thanked everyone for the cards and flowers his family received on the recent birth of his daughter.

John Martinez reaffirmed his interest in attending the 2008 Legislative Conference in

Washington D.C. The Board requested that he submit a proposed budget for the conference at the December meeting.

None presented at this time. FUTURE AGENDA

ITEMS

NEXT MEETING

ADJOURNMENT

The next Board of Trustees Meeting is scheduled for December 4, 2007, 4:00 p.m. in the

Hartnell College Board Room, 411 Central Avenue, Salinas, CA.

On a motion by Kari Lee Valdés, seconded by Berna Maya and unanimously carried, the

Board moved to adjourn the meeting at 5:58 p.m.

Aaron P. Johnson

Board of Trustees President

Dr. Kathleen Rose, Interim Vice President of Academic

Affairs (President’s Designee)


Title:

Ratify Disbursements of College Accounts

Number:

D.2

Area:

Administrative Services

Supplement AS-5

Recommended Action:

Status:

Consent Action

That the Board of Trustees ratify the lists of disbursements from college accounts.

Summary:

The attached lists of disbursements from college accounts are presented for ratification.

COUNTY WARRANTS

GENERAL, CAFETERIA, CHILD DEVELOPMENT, CAPITAL OUTLAY RESTRICTED,

PROPERTY ACQUISITION RESTRICTED, AND SCHEDULED MAINTENANCE FUNDS

DATE

10/03/2007

10/10/2007

10/17/2007

10/22/2007

10/29/2007

10/31/2007

WARRANT NUMBER

12576982 12577114

12578690 12578810

12580453

12581322

12580554

12581381

12583438

12584779

12583531

12584846

NUMBER OF

133

121

102

60

94

68

AMOUNT

$ 791,054.36

$ 490,256.29

$ 330,746.45

$ 347,165.10

$ 432,732.58

$ 729,274.33

SUBTOTAL………………………………………………………………………………... $ 3,121,229.11

Note: Legal fees (contained in above summary) total $ 28,231.30

10/2007

CHECKING ACCOUNTS

GENERAL FUND REVOLVING

9974 To 9978 $ 7,485.97

SUBTOTAL………………………………………………………………………………... $ 7,485.97

TOTAL……………………………………………………………………………….…….. $ 3,128,715.08


None


Title: Number:

Approve Academic Calendars for 2008-09 and 2009-10

D.3

Area:

Superintendent/President Office

Supplement SPO-2

Status:

Consent Action

Recommended Action:

That the Board approve the Academic Calendars for 2008-09 and 2009-10 as recommended by the Hartnell College Faculty Association and College administration.

Summary:

The Academic Calendar is a subject of collective bargaining within the constraints of Title V,

Section 58142 of the Education Code of California, which specifies that community college faculty are meet for 175 days – 170 days of instruction, inclusive of final examinations, and five (5) flex days.

The proposed calendars have been agreed upon by the Hartnell College Faculty Association, the administration and reviewed by the Academic and Classified Senates and California

Schools and Employee Association.

The proposed calendars differ from the FY ’07-’08 academic calendar as follows:

1.

Eliminates Convocation Day and, instead, holds a Town Hall meeting on the first

Friday afternoon of the Fall term.

2.

Changes Cesar Chavez Day from a flex day to a holiday and, thus, the five flex days would be defined as three district scheduled days and two individually scheduled days that fall outside of the 173 scheduled such as to equal a total of 175 work days.

3.

The net result of the difference in workdays in the FY ’07-’08 calendar is the reduction of one workday (Convocation) – a reduction from 176 days to 175 days in FY’08-’09 and FY’09-10. The reduction of one workday will be considered during the collective bargaining process which is scheduled to begin shortly.


Subject to negotiations

D R A FT- Option A

SUMMER 2008

JULY

M T W TH F

1 2 3 4

TEACHING

DAYS

7 8 9 10 11

14 15 16 17 18

21 22 23 24 25

28 29 30 31

FALL 2008

AUGUST

1

4 5 6 7 8

11 12 13 14 15

(18) 19 20 21 22

25 26 27 28 29

SEPTEMBER

10

1 2 3 4 5

8 9 10 11 12

15 16 17 18 19

22 23 24 25 26

29 21

OCTOBER

1 2 3

6 7 8 9 10

13 14 15 16 17

20 21 22 23 24

27 28 29 30 31

NOVEMBER

3 4 5 6 7

10 11 12 13 14

17 18 19 20 21

24 25 26 27 28

DECEMBER

1 2 3 4 5

8 9 10 11 12

15* 16* 17* 18* 19*

22 23 24 25 26

29 30 31

SPRING 2009

JANUARY

1 2

5 6 7 8 9

12 13 14 15 16

19 20 21 22 23

22

17

15

5

8/18

9/1

10/17

8/1

7/4 Independence Day

End 6 week summer session

Fall Semester Begins

Labor Day

No classes in session (Flex Day)

11/10 Veterans

11/26 No classes which begin at 4:30 p.m. or later

Holiday

12/13 Saturday Finals

12/15-19 Day/Evening Finals

Ends

12/22-1/21 Semester

Observance

1/1

1/19

New Year’s Day Observance

Martin Luther King Day

Days

1/26 Spring

HARTNELL COLLEGE 2008-2009 ACADEMIC CALENDAR

SPRING 2009

TEACHING

FEBRUARY DAYS

M T W TH F

2 3 4 5 6

9 10 11 12 13

16 17 18 19 20

18 23 24 25 26 27

MARCH

2 3 4 5 6

9 10 11 12 13

16 17 18 19 20

23 24 25 26 27

30 21

APRIL

1 2 3

6 7 8 9

13 14 15 16 17

20 21 22 23 24

27 28 29 30

MAY

1

4 5 6 7 8

11 12 13 14 15

18 19 20 21 22

25 26 27 28 *29

JUNE

1* 2* 3* 4* 5

8 9 10 11 12

15 16 17 18 19

(22) 23 24 25 26

29 30

JULY

1 2 3

6 7 8 9 10

13 14 15 16 17

20 21 22 23 24

27 28 29 30 31

AUGUST

3 4 5 6 7

10 11 12 13 14

17 18 19 20 21

24 25 26 27 28

31

17

20

4

7/31

2/6

2/16

Lincoln’s Day Holiday

Washington’s Day Holiday

3/31 Cesar

4/6-4/10 No classes in session (Spring Recess)

5/25 Memorial

5/28-6/3 Evening

5/29-6/4 Day

Finals

6/22

7/3

Finals

5/30 Saturday

6/4 Semester

6/4 Commencement

Summer Session Begins

Independence Day Holiday

End 6-week Summer Session

Adopted by the Board of Trustees: --/--/07

Fall ‘08 August 18, 2008 –December 19, 2008

Spring ’09 January 26, 2009 – June 4, 2009

85 Days 5

175 Instructional Days

175 Total Days

District Flex Days

85 Days 2

Flex Days

No Classes in Session

( ) Opening Day

* Day Final Exams

Evening Final Exams (days italicized)

D R A FT – Option B

SUMMER 2008

JULY

M T W TH F

1 2 3 4

TEACHING

DAYS

7 8 9 10 11

14 15 16 17 18

21 22 23 24 25

28 29 30 31

FALL 2008

AUGUST

1

4 5 6 7 8

11 12 13 14 15

(18) 19 20 21 22

25 26 27 28 29

SEPTEMBER

10

1 2 3 4 5

8 9 10 11 12

15 16 17 18 19

22 23 24 25 26

29 21

OCTOBER

1 2 3

6 7 8 9 10

13 14 15 16 17

20 21 22 23 24

27 28 29 30 31

NOVEMBER

3 4 5 6 7

10 11 12 13 14

17 18 19 20 21

24 25 26 27 28

DECEMBER

1 2 3 4 5

8 9 10 11 *12

15* 16* 17* 18* 19

22 23 24 25 26

29 30 31

SPRING 2009

JANUARY

1 2

5 6 7 8 9

12 13 14 15 16

19 20 21 22 23

(26) 27 28 29 30

23

17

14

5


8/18

9/1

8/1

7/4 Independence Day



Labor Day

11/26

Day

No Classes which begin at 4:30 p.m. or later

Holiday

12/12-18 Day/Evening Finals

12/13 Saturday Finals

12/18 Semester

12/19-1/20 Semester

Observance

1/1

1/19



Days

1/26 Spring


SPRING 2009

TEACHING

FEBRUARY DAYS

M T W TH F

2 3 4 5 6

9 10 11 12 13

16 17 18 19 20

18 23 24 25 26 27

MARCH

2 3 4 5 6

9 10 11 12 13

16 17 18 19 20

23 24 25 26 27

30 21

APRIL

1 2 3

6 7 8 9

13 14 15 16 17

20 21 22 23 24

27 28 29 30

MAY

1

4 5 6 7 8

11 12 13 14 15

18 19 20 21 22

25 26 27 28 29*

JUNE

1* 2* 3* 4* 5

8 9 10 11 12

15 16 17 18 19

(22) 23 24 25 26

29 30

JULY

1 2 3

6 7 8 9 10

13 14 15 16 17

20 21 22 23 24

27 28 29 30 31

AUGUST

3 4 5 6 7

10 11 12 13 14

17 18 19 20 21

24 25 26 27 28

31

17

20

4

2/6

2/16



3/31 Cesar

4/6-4/10 No classes in session (Spring Recess)

Holiday

5/28-6/3 Evening

Finals

5/30 Saturday

6/4 Semester Ends

6/4 Commencement

6/22 Summer Session Begins

7/3

7/31



Fall ‘08 August 18, 2008 –December 18, 2008


85 Days 5


175 Total Days

District Flex Days

85 Days 2

Flex Days


( ) Opening Day

* Day Final Exams


D R A FT – Option A

SUMMER 2009

JULY

M T W TH F

1 2 3

TEACHING

DAYS

6 7 8 9 10

13 14 15 16 17

20 21 22 23 24

27 28 29 30 31

FALL 2009

AUGUST

3 4 5 6 7

10 11 12 13 14

(17) 18 19 20 21

24 25 26 27 28

31

SEPTEMBER

1 2 3 4

7 8 9 10 11

14 15 16 17 18

21 22 23 24 25

28 29 30

OCTOBER

11

21

1 2

5 6 7 8 9

12 13 14 15 16

19 20 21 22 23

26 27 28 29 30

NOVEMBER

2 3 4 5 6

9 10 11 12 13

16 17 18 19 20

23 24 25 26 27

30

DECEMBER

1 2 3 4

7 8 9 10 11

*14 *15 *16 *17 *18

21 22 23 24 25

28 29 30 31

SPRING 2010

JANUARY

1

4 5 6 7 8

11 12 13 14 15

18 19 20 21 22

(25) 26 27 28 29

21

18

14

5



8/17

7/4

7/31

Independence Day


9/7


Labor Day

10/16

11/13 Veterans

11/25 No Classes which begin at 4:30 p.m. or later

Holiday

12/14-12/18

12/12

Day/Evening Finals

Saturday Finals

12/18 Semester Ends

12/21-1/20 Semester

Observance

1/1

1/18



Days

1/25 Spring

Fall ‘09 August 17, 2009 – December 18, 2009


SPRING 2010

FEBRUARY

M T W TH F

1 2 3 4 5

8 9 10 11 12

15 16 17 18 19

22 23 24 25 26

MARCH

1 2 3 4 5

8 9 10 11 12

15 16 17 18 19

22 23 24 25 26

29 30 31

APRIL

1 2

5 6 7 8 9

12 13 14 15 16

19 20 21 22 23

26 27 28 29 30

MAY

3 4 5 6 7

10 11 12 13 14

17 18 19 20 21

24 25 *26 *27 *28

31

JUNE

*1 *2 3 4

7 8 9 10 11

14 15 16 17 18

(21) 22 23 24 25

28 29 30

JULY

1 2

5 6 7 8 9

12 13 14 15 16

19 20 21 22 23

26 27 28 29 30

AUGUST

2 3 4 5 6

9 10 11 12 13

16 17 18 19 20

23 24 25 26 27

30 31

TEACHING

DAYS

18

20

20

20

2

5 Flex Days 3

85 Days

85 Days 5


175 Total Days

2 Individual Flex Day

Flex Days

2/5

2/15

3/29-4/2



No Classes in session (Spring Recess)

5/26-6/2 Day

5/24 Evening

5/26-6/1

5/29

(Monday)

Evening Finals (Wed., Thurs., Fri., Tues

Saturday Finals

5/31 Memorial

7/5

7/30

Ends

6/2 Commencement




Convocation, Flex Days


( ) Opening Day

*

Day Final Exams


D R A FT – Option B

SUMMER 2009

JULY

M T W TH F

1 2 3

TEACHING

DAYS

6 7 8 9 10

13 14 15 16 17

20 21 22 23 24

27 28 29 30 31

FALL 2009

AUGUST

3 4 5 6 7

10 11 12 13 14

(17) 18 19 20 21

24 25 26 27 28

31

SEPTEMBER

1 2 3 4

7 8 9 10 11

14 15 16 17 18

21 22 23 24 25

28 29 30

OCTOBER

11

21

1 2

5 6 7 8 9

12 13 14 15 16

19 20 21 22 23

26 27 28 29 30

NOVEMBER

2 3 4 5 6

9 10 11 12 13

16 17 18 19 20

23 24 25 26 27

30

DECEMBER

1 2 3 4

7 8 9 10 11*

14* 15* 16* 17* 18

21 22 23 24 25

28 29 30 31

SPRING 2010

JANUARY

1

4 5 6 7 8

11 12 13 14 15

18 19 20 21 22

(25) 26 27 28 29

22

18

13

5



9/7

8/17

7/4

7/31

Independence Day



Labor Day

11/13 Veterans

11/25 No Classes which begin at 4:30 p.m. or later

Holiday

12/11-12/17

12/12

Day/Evening Finals

Saturday Finals

12/17 Semester Ends

12/18-1/19 Semester

Observance

1/1

1/18



Days

1/25 Spring

Fall ‘09 August 17, 2009 – December 17, 2009


SPRING 2010

FEBRUARY

M T W TH F

1 2 3 4 5

8 9 10 11 12

15 16 17 18 19

22 23 24 25 26

MARCH

1 2 3 4 5

8 9 10 11 12

15 16 17 18 19

22 23 24 25 26

29 30 31

APRIL

1 2

5 6 7 8 9

12 13 14 15 16

19 20 21 22 23

26 27 28 29 30

MAY

3 4 5 6 7

10 11 12 13 14

17 18 19 20 21

24 25 *26 *27 *28

31

JUNE

*1 *2 3 4

7 8 9 10 11

14 15 16 17 18

(21) 22 23 24 25

28 29 30

JULY

1 2

5 6 7 8 9

12 13 14 15 16

19 20 21 22 23

26 27 28 29 30

AUGUST

2 3 4 5 6

9 10 11 12 13

16 17 18 19 20

23 24 25 26 27

30 31

TEACHING

DAYS

18

20

20

20

2

5 Flex Days 3

85 Days

85 Days 5


175 Total Days

2 Individual Flex Day

Flex Days

2/5

2/15

3/29-4/2



No Classes in session (Spring Recess)

5/26-6/2 Day

5/24 Evening

5/26-6/1

5/29

(Monday)

Evening Finals (Wed., Thurs., Fri., Tues

Saturday Finals

5/31 Memorial

7/5

7/30

Ends

6/2 Commencement




Convocation, Flex Days


( ) Opening Day

*

Day Final Exams



Title:

Accept Lowest Responsive Bid and Award

Contract with BCI General Contractors for

General Contractor for the Performing Arts

(PA) Adults with Disabilities Act (ADA)

Upgrade Project

Number:

D.4

Area:


Supplement AS-2

Status:

Consent Action

Recommended Action:

That the Board of Trustees awards the contract to the responsive low bidder, BCI General

Contractors for the Performing Arts (PA) Adults with Disabilities Act (ADA) Upgrade Project.

Summary:

At the meeting of May 2, 2006, the Board of Trustees approved the bid/award process for

Performing Arts ADA Upgrade Project. This process involved advertising in the Salinas

Californian and in three major Builders Exchanges in the area, including the Salinas Valley

Builders Exchange. The College held two job walks to familiarize contractors with the project location and scope. General Contractor bids were opened on Wednesday, November 14, 2007.

The bidding process has been conducted per State of California Public Works bid requirements:

Scope Company

GC

GC

GC

BCI General Contractors

Tombleson Construction

Ausonio, Inc.

Location

Tracy

Salinas

Salinas

$730,000

$785,670

$952,593

GC

GC

GC

DMC Construction, Inc.

Farotte Construction Co.

Sanchez Incorporated

Pacific Grove

Gilroy

Hollister

$958,000

$1,044,062

$1,078,000


The budget for the above referenced project is $750,000. The contract amount is for $730,000 and will be paid with Measure H bond funds.


AGREEMENT

THIS AGREEMENT is made this 19 th day of November, 2007, in the City of Salinas, County of

Monterey, State of California, by and between HARTNELL COMMUNITY COLLEGE DISTRICT , a

California Community College District hereinafter "District" and BCI GENERAL CONTRACTORS, INC.

,

("Contractor").

WITNESSETH , that the District and the Contractor in consideration of the mutual covenants contained herein agree as follows:

1. The Work.

Within the Contract Time and for the Contract Price, subject to adjustments thereto pursuant to the Contract Documents, the Contractor shall perform and provide all necessary labor, materials, tools, equipment, utilities, services and transportation to complete in a workmanlike manner all of the Work required in connection with the work of improvement commonly referred to as Performing Arts (PA) ADA Upgrade Project .

Contractor shall complete all Work covered by the Contract Documents, including without limitation, the Drawings and

Specifications prepared by the Architect, Sugimura Finney Architects and other Contract Documents enumerated in

Article 5 below, along with all modifications and addenda thereto issued in accordance with the Contract Documents.

2. Contract Time.

The Work shall be commenced on the date stated in the District's Notice to Proceed; the Contractor shall achieve Substantial Completion of the Work within the Contract Time set forth in the Contract

Documents.

3. Contract Price.

The District shall pay the Contractor as full consideration for the Contractor's full, complete and faithful performance of the Contractor's obligations under the Contract Documents, subject to adjustments of the Contract Price in accordance with the Contract Documents, the Contract Price of Seven Hundred Thirty

Thousand Dollars ($730,000) . The Contract Price is based upon the Contractor's Base Bid Proposal and the following

Alternate Bid Items, if any:

The District's payment of the Contract Price shall be in accordance with the Contract Documents.

4. Liquidated Damages.

If the Contractor fails to achieve Substantial Completion of the Work within the Contract Time, including adjustments thereto authorized by the Contract Documents, the Contractor shall be subject to assessment of Liquidated Damages in accordance with the Contract Documents. Failure of the Contractor to complete Punchlist items noted upon Substantial Completion within the time established to complete the Punchlist items will result in the District’s assessment of Liquidated Damages in accordance with the Contract Documents.

5. The Contract Documents.

The documents forming a part of the Contract Documents consist of the following, all of which are component parts of the Contract Documents.

Notice to Contractors Calling for Bids

Instructions for Bidders

Bid Proposal

Subcontractors List

Certification of Workers Compensation

Non-Collusion Affidavit

Drug-Free Workplace Certificate

Bid Bond

Bid Addenda Nos. 1 and 2

Agreement

Performance Bond

Labor and Material Payment Bond

General Conditions

Special Conditions and Supplemental Conditions

Specifications

Guarantee

Drawings

PA ADA Upgrade Project - Contractor Agreement

Page 1 of 2


6. Authority to Execute.

The individual(s) executing this Agreement on behalf of the Contractor is/are duly and fully authorized to execute this Agreement on behalf of Contractor and to bind the Contractor to each and every term, condition and covenant of the Contract Documents.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND

REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD.

ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE

REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE

BOARD, P.O. BOX 2600, SACRAMENTO, CALIFORNIA 95826

IN WITNESS WHEREOF, this Agreement has been duly executed by the District and the Contractor as of the date set forth above.

"DISTRICT" "CONTRACTOR"

Hartnell Community College District

By : By:

Title:

By

Title

(CORPORATE SEAL)

APPROVED AS TO FORM

PA ADA Upgrade Project - Contractor Agreement

Page 2 of 2


Title:

Approve Proposal From BearingPoint

To Prepare Indirect Cost Rate

Number:

D.5

Area:


Supplement AS-6

Status:

Consent Action

Recommended Action:

That the Board approve the proposal from BearingPoint to prepare an indirect cost rate.

Summary:

Hartnell College desires to establish a facilities and administrative (F&A) cost rate for sponsored agreements with the Division of Cost Allocation (DCA), Department of Health and

Human Services. The College is not able to recover a fair share of overhead costs on its federal grants because it does not have a negotiated rate with the federal government. Establishing an

F&A rate will allow Hartnell College to receive indirect cost recovery that is appropriate, reasonable, and defendable.

There are two phases of the proposal:

Phase I focuses on the indirect cost (F&A) proposal preparation and submission to the

Department of Health and Human Services, Division of Cost Allocation.

Phase II deals with BearingPoint’s support during DCA’s review of the F&A rate proposal and during the F&A rate negotiation between the College and DCA.


The cost to the general fund is $38,500. The benefit to the general fund is estimated to exceed

$500,000 in additional indirect cost recovery.

Technical | November 14, 2007

Hartnell College

Indirect Cost Rate Proposal

Fiscal Year 2006/07

Submitted By:

BearingPoint, Inc.

355 South Grand Avenue

Suite 2000

Los Angeles, CA 90071-1568 i

November 14, 2007

Ms. Barbara Yesnosky

Controller

Hartnell College

156 Homestead Ave

Salinas, CA 93901-1628

RE: Request for Proposal

Dear Ms. Yesnosky:

BearingPoint, Inc. (“BearingPoint”) is pleased to submit the attached proposal to

Hartnell College (“College”) in response to the Request for Proposal.

It is the College’s goal to establish its facilities and administrative (“F&A”) cost rate for sponsored agreements with the Division of Cost Allocation (“DCA”), Department of Health and Human Services. The calculated F&A rate will be based on actual costs for fiscal year ending on June 30, 2007. The negotiated rate will be applicable for the fiscal year starting on July 1, 2008.

In light of this need, the College has requested BearingPoint to submit a proposal to perform the fiscal year 2007 rate calculation. Currently, the College’s has no official F&A rate negotiated with Federal Cognizant Agency, the Division of Cost

Allocation (DCA). Recently, the College has fulfilled the minimum qualification requirement for the submission of a cost rate proposal to DCA; that is, the College has been awarded at least one Federally funded grant that is fully F&A reimbursable.

We strongly recommend the College follow the Modified Total Direct Cost (MTDC) base approach as described in Section H of OMB Circular A-21. Under the MTDC, the College’s indirect cost recovery would be more efficient.

We bring a highly experienced professional team that includes the services of Dr.

Louis Guin, who has more than 27 years in the preparation of indirect cost rate proposals, rate negotiation with the Federal Cognizant agencies, as well as cost analysis, cost modelling, financial forecasting, and financial and administrative compliance. Our professionals, who are experienced with technology, efficient approach and sustained commitment, will provide the services for the entire process of this proposal preparation. ii

Hartnell College | F&A2007 Cost Rate Proposals

November 14, 2007

BearingPoint is committed to the Higher Education community, having served it for more than 30 years. We are firmly committed to assisting the College in preparing the rate proposal to the Division of Cost Allocation.

Our proposal consists of the following:

Section 1 Executive Summary.

Section 2 List of Short-Form clients

Section 3 Statement of Work

Appendix A Engagement Terms and Conditions

Appendix B Resume

We look forward to discussing our proposal with you and helping contribute on this most important project. If our proposed Statement of Work is acceptable to you, please sign and return one copy to me. Should you have any questions regarding our proposal, please contact Dr. Louis Guin at (323) 662-7296 or me at (703) 747-

3022.

Very truly yours,

________________________________

Mark C. Davis

Managing Director

Health Services, Academic Medical Centers, and Higher Education

Costing and Grants Management

BearingPoint, Inc. cc: Louis Guin, Ph.D., BearingPoint iii

Hartnell College | F&A2007 Cost Rate Proposals

November 14, 2007

Table of Contents

1.

Executive Summary ............................................................................................................. 1

2.

Reference List of Clients ...................................................................................................... 2

3.

Statement of Work............................................................................................................... 3

3.1

Scope of Work .............................................................................................................. 3

Phase I – Preparation and Submission of the F&A Cost Rate Proposal .................................. 3

Phase II - Rates Negotiation Assistance ........................................................................... 6

Task 1. DHHS DCA Review of the FY 2007 F&A Cost Submission ........................................ 6

Task 2: Negotiation Assistance ..................................................................................... 6

3.2

Project Deliverables ...................................................................................................... 7

3.3

Client Obligations.......................................................................................................... 7

3.4

Assumptions ................................................................................................................ 7

3.5

Compensation .............................................................................................................. 8

3.5.1

3.5.2

Fees .................................................................................................................. 8

Schedule of Payments.......................................................................................... 8

3.6

Entire Agreement.......................................................................................................... 8

Terms and Conditions (Attachment A) .......................................................................................10

Resumes (Attachment B) .........................................................................................................16

iv

Attachment A

Terms and Conditions

1.

Executive Summary

BearingPoint is eminently qualified to perform the F&A related services. We have been assisting the Higher Education Community in this area for over 32 years. Specifically, we have provided professional grant-administration, indirect (F&A) cost proposal rate development and negotiation, and Fringe Benefits assistance to many California institutions, including many campuses of the California State College system (CSU), several campuses of the College of California system, Loma Linda College, as well as many other major research institutions across the nation.

1.

BearingPoint was the first major professional services firm to develop a distinct consulting practice to meet the needs of higher education. We have been supporting colleges and universities, as a separate consulting unit, with indirect cost development and negotiation assistance since the late 1960s.

2.

BearingPoint provides the College with a low risk approach – we will employ wellestablished methodologies, which have been accepted by DHHS over and over again.

This will support a smooth F&A proposal submission and review.

Over the last few years, we have gained a solid understanding of College’s cost structures and data availability for the preparation of the F&A rate proposals both under the Long Form and the Simplified version. We have also led several CSU campuses, for example, to transition from the Simplified to the more complex Long Form version of the cost proposal preparation process as their research volume increased above the $10 million dollar threshold. On a national level, we have assisted numerous colleges, universities, and research hospitals on a variety of F&A projects including F&A rate proposal preparation, space survey functional usage studies, and negotiation assistance. In addition, we have assembled a team of individuals to support the College and academic medical center research community that is second to none.

BearingPoint is proposing a very experienced engagement team to work on this important project. Mark C. Davis will lead the project. Mr. Davis has over 24 years’ experience with

BearingPoint and serves as the Higher Education Consulting national Managing Director responsible for providing costing and research services to clients. Supporting Mr. Davis will be Dr. Louis Guin, who will be responsible for leading the execution of our services and will serve as the liaison with the College. Detailed resumes for these individuals are included in

Attachment B.

The College seeks a consultant with a wide breadth of qualifications, specifically in indirect cost preparation. BearingPoint is prepared to assign qualified and experienced professionals on this assignment. The proposed project team includes the following individuals:

•

Mark C. Davis, Project Managing Director and lead negotiator– 22 years experience

• Louis Guin, Ph.D., Engagement Manager – 26+ years experience

Over their careers, these individuals have dedicated themselves and their efforts to academic research organizations such as Hartnell College.

BearingPoint’s approach to these types of engagements has always been to seek the appropriate reasonable and defendable F&A rates for the clients we assist. Over the years this has been the single biggest differentiator between BearingPoint and other firms who

1

Attachment A

Terms and Conditions provide similar services. Based on our services with other short-form campuses, we understand the College’s cost structures, accounting practices, and financial information databases that are key data source components for the preparation of the College’s

F&A2007 rate proposal.

At BearingPoint we believe the proper engagement structure includes a tightly integrated blend of the following:

•

A well-established approach

•

Experienced personnel; and

•

Industry accepted technology tools and methodologies.

The following is BearingPoint’s proposal to assist the College through this project. It includes our qualifications to assist the College, a proposed statement of work, and associated fees. BearingPoint appreciates this opportunity to be of service to the College.

We understand the particular challenges and importance of this project. We believe our team has the talent, tools, techniques, commitment, and track record to assist the College in its effort on this project. We look forward to working with you.

2.

Reference List of Clients

No. Campus Contact

BearingPoint has completed similar F&A related work at the following California institutions:

1 San Jose State

2 Fresno State

Mr. Paul Harris

Phone: (408) 924-1405

Mr. John Waayers

Phone: (559) 278-5293

3

4

CSU Monterey Bay

CSU Chancellor’s Office

Mr. Kevin Saunders

Phone: (831) 582-3397

Mr. Sean Boylan

Phone: (562) 951-4619

On going Projects:

1

2

3

4

5

CSU Chancellor’s Office

CSU Northridge

CSU San Jose

CSU San Bernardino

Humboldt State College

Mr. George Ashkar

Phone: 562-951-4671

Project: Campuswide Cost Allocation Report 2006

Project: Systematic Coding of Ledger Accounts

Mr. Georg Jahn

Phone: (818) 677-2698

Project: F&A2007 Cost Rate Proposal

Project: Fringe Benefits Rate Proposal

Mr. Mr. Paul Harris & Kam Lam

Phone: (408) 924-1405

Project: Moss Landing Cost Breakdown

Project: Disclosure Statement DS-2


Mr. Stan Stanley


Mr. Ben Hylton

Phone: (707) 826-3306


2

Attachment A


3.

Statement of Work

This Statement of Work (“SOW”) between Hartnell College (the “College”) and BearingPoint,

Inc., a Delaware corporation (“BearingPoint”) is effective on the date of the second signature below and is subject to and incorporates by reference the provisions of the

Engagement Terms and Conditions attached as Exhibit A.

3.1

Scope of Work

The engagement will consist of two phases. Phase I focuses on the indirect cost (F&A) proposal preparation and submission to the Department of Health and Human Services,

Division of Cost Allocation (DCA). Phase II deals with BearingPoint’s support during the

DCA’s review of the F&A and FB rate proposals, and during the F&A rate negotiation between the College and DCA.

Phase I – Preparation and Submission of the F&A Cost Rate Proposal

The following major activities highlight BearingPoint’s proposed work effort related to the completion of the F&A2007 proposal preparation.

Work Effort

During Phase I this engagement, BearingPoint will assist in the preparation of FY 2007 F&A cost proposal.

The following tasks will be completed:

Task 1: Trial Balance/Reconciliation/Screening of Accounts

BearingPoint will classify and calculate the direct and indirect costs, and prepare the F&A cost rate proposal. Tasks include identifying unallowable costs and reconciling the financial information to the financial statements of the College.

•

BearingPoint will analyze the modified total direct cost (“MTDC”) base and indirect cost pools as they affect the allocation of indirect costs. The primary area of analysis will be on the expenditures downloaded from the general ledger, operations and maintenance, sponsored projects accounts, effort reporting and cost sharing

• documentation.

We will also review, to the extent necessary, the instruction, student services, and other auxiliaries and other institutional activities, as they have an impact on the F&A cost rate determination.

Task 2: Building Depreciation

BearingPoint will work with the College in developing and documenting the building depreciation, and reconcile building acquisition costs and depreciation between the plant fund accounts and financial statements to the F&A cost rate proposal. Specific steps to be completed by BearingPoint include the following:

•

Obtain building depreciation expense from the College and reconcile to the audited financial statements.

3

Attachment A


•

Reconcile the Building Plant Fund as of June 30, 2007 to the audited financial

• statement numbers.

Document building additions.

Task 3: Equipment Depreciation

BearingPoint will document the equipment depreciation and reconcile equipment acquisition cost and depreciation between the plant fund and financial report and F&A cost proposal.

Specific steps to be completed by BearingPoint include the following:

•

Obtain equipment depreciation expense from the College and reconcile to the audited financial statements.

•

Reconcile the moveable equipment inventory costs and depreciation expense as of

•

June 30, 2007 to the audited financial statements and plant fund.

Review equipment inventory costs and depreciation by asset class.

•

Review equipment useful life information.

Task 4: Interest Expense

BearingPoint will document allowable interest expense on all externally funded debt for capital expenditures. Specific steps to be completed by BearingPoint include the following:

•

Review and analyze for unallowable interest expense.

•

Analyze interest expense to determine specific locations of debt-funded renovations.

Task 5: Operations and Maintenance

BearingPoint will review and analyze the operations and maintenance (“O&M”) cost pool in accordance with Office of Management and Budget (“OMB”) Circular A-21. A reconciliation of utilities, maintenance and repairs and other non-utility related costs on a cost center basis and building level from the financial accounting to the physical plant cost accounting should be performed.

Specific steps to be completed by BearingPoint will include the following:

•

Reconcile O&M costs from the financial accounting and facilities management

•

Review and analyze utilities, plant maintenance, and non-utility costs.

•

Review expenditures associated with minor and major capital improvements that were treated as operating expenses in the financial statements in fiscal year 2007.

•

Identify and analyze unexpended plant fund expenses for the purpose of inclusion in

• the F&A cost rate proposal.

Review whether non-capital expenses were recorded in the Plant Fund that should be reclassified as indirect costs for the purpose of the F&A cost rate calculation.

•

Review whether O&M costs were reasonably charged to Other Institutional Activities; if not, an adjustment will be made based on the net square footage of OIA to total

College net square feet if available, or other reasonable method.

Task 6: Library

BearingPoint will document the library expenses. Specific steps to be completed by

BearingPoint will include the following:

•

Review the library cost pool at the cost center and account level.

4

Attachment A


•

Review library fines and other revenue sources.

•

Identify and reclassified cost of rare books as direct costs

•

Identify whether the Library facility provides audio-visual services or instructional

• media services; if so, reclassify costs to direct costs.

Review if the Library facility includes the operation of museums; if so, reclassify related costs to direct costs.

•

Review of full-time equivalent (FTE) counts for faculty, staff, and students.

Task 7: General and Administrative

BearingPoint will document the general and administrative cost pool. Specific steps to be completed by BearingPoint will include the following:

•

Analyze the general and administrative (“GA”) cost pool to eliminate any unallowable costs

•

Reclassify non-GA costs to other functions if necessary

Task 8: School/Department Administration (“DA”) Cost Pool

BearingPoint will document the department administration cost pool as prescribed by OMB

Circular A-21, Section H, for the Simplified F&A Format. Specific steps to be completed by

BearingPoint will include the following:

•

Identify academic deans’ offices and department chairs.

•

Analyze and segregate the Department Administration costs into the categories of:

Faculty Salaries and Wages, Research Support Salaries and Wages, Administrative

•

Salaries and Wages, Clerical Salaries and Wages, and non-labor costs.

Formulate the 20% DA allowance for deans and department heads.

Task 9: Sponsored Projects Administration

The Short Form does not require specific identification of the sponsored projects administrative costs. However, BearingPoint will document that the sponsored projects administration expenses from the College contain no unallowable costs. Specific steps to be completed by BearingPoint will include the following:

•

Review make-up of sponsored projects administration cost pool.

•

Review and scrub for unallowable costs.

Task 10: Student Services

Unlike the Long-Form rate calculation, the student services activities and related expenses are treated as direct costs in the Short Form of the F&A cost rate calculation. Departments such as the Vice President for Student Affairs, Student Admissions and Records, Financial

Aid Accounting, the Office of the Registrar are examples of the Student Services cost objective.

Task 11: College Work Study Program (“CSWP”)

We will identify and exclude the Federal share of the CSWP, which is 75% of the total CSWP cost, from the F&A cost rate calculation. The remaining CSWP costs that are institutionally funded will be split into three subcomponents: (a) indirect cost activities—include in F&A (b) charged to sponsored agreements—include in the MTDC Base, (c) charged to non-sponsored direct activities—exclude from the F&A calculation.

5

Attachment A


Task 12: Other Issues

During this engagement BearingPoint engagement resources may encounter other issues as they relate to the development and documentation of the College’s FY 2007 facilities and administrative cost rate proposal. The BearingPoint engagement team will bring these issues to the attention of client leadership, and will advise on their resolution.

We will use the experience we have gained from other short-form campuses to test the cost allowability of specific cost items at the College. In doing so, we will put special emphasis on reviewing current hot-button cost issues we have found at other California campuses during the proposal review and rate negotiation with the Federal cognizant agency, the

Division of Cost Allocation.

We will review the auxiliary operations such as the food and housing services to determine whether the College has properly billed for its services and expenses such as computer network, utility consumption, and security. We will review the College’s computing services, media services to determine the instructional related activities. We will also review the

College’s space inventory records, and work with College’s Facilities Management personnel to identify buildings that are occupied by student services departments and departments whose activities are defined by Circular A-21 as “other institutional activities.” The end result of these reviews is to make the necessary cost adjustments that are required under the Simplified F&A cost proposal preparation.

Task 13: Quality Control Review

BearingPoint will perform on-going quality assurance of the work being performed and incorporated into the F&A rate proposal. The results of the review and updates will be supported in a manner which will facilitate the review of the proposal by the DCA Rate

Negotiator.

Phase II - Rates Negotiation Assistance

BearingPoint will provide technical and advisory assistance to the College in the negotiation of F&A rates for FY 2008 and beyond. This phase will consist of two parts, (1) the HHS review of the F&A proposal and (2) the negotiation of rates.

Task 1. DHHS DCA Review of the FY 2007 F&A Cost Submission

•

Assist in preparing responses to requests by DCA negotiators for additional information related to the F&A & FB rates review and negotiation;

•

Participate in DCA on-site reviews;

•

Provide support and guidance to the College in responding to DCA requests, concerns, and positions during the review process.

Task 2: Negotiation Assistance

•

Develop strategies in preparation for negotiations with the DCA negotiators;

•

Evaluate and provide advice on proposed DCA rate adjustments provided to the

College prior to negotiations

6

Attachment A


•

Assist in developing data and counter arguments to proposed DCA adjustments

•

Participate and provide negotiation counsel to the College in meetings with the DCA negotiation team;

•

Evaluate and provide advice related to DCA’s positions and offers during negotiations;

•

Review the final negotiated rate agreement and provide guidance to the College, as to the wording and to the distribution of rates between cost pools, before the College delivers the signed rate agreement to DCA.

BearingPoint will provide technical and advisory assistance to the College during the DCA review and negotiation of the F&A rates.

3.2

Project Deliverables

F&A cost rate proposal based on actual costs for fiscal year 2007.

3.3

Client Obligations

•

While BearingPoint is on-site, the College will provide BearingPoint’s resources with a

• dedicated work table that is nearby an electrical outlet.

The College will quickly turnaround information requests. Delays in providing information may impact the schedule and fees.

•

The College will provide the necessary and experienced resources to be available upon request to answer BearingPoint questions.

3.4

Assumptions

BearingPoint will act in an advisory role in the preparation and submission of the FY 2007 cost rate proposal. If the College requests an increase of scope, i.e., grants management training, writing policies and procedures, or implementing the application Federal or F&A rates, BearingPoint will work with the College to define the nature and scope of work to be performed. At that time the SOW will be amended to document the expanded scope of work and an associated fee for BearingPoint’s assistance.

The start date of this engagement is Jan 3, 2008. The submission date of the College’s

F&A2007 cost rate proposal is by February 15, 2007. BearingPoint has budgeted 10 hours for expert support during the DCA proposal review, and the related negotiation of the

College’s F&A rates.

7

Attachment A


3.5

Compensation

3.5.1

Fees

BearingPoint’s fees will be invoiced on a time and materials basis at a billing rate of $350 per hour. Based on the scope of work and assumptions set forth above, BearingPoint’s fees are as follows:

Project Activity Estimated

Fees*

Phase I: F&A Cost Rate Proposal Preparation $ 35,000

Phase II: F&A Rates Negotiation $ 3,500

Total $ 38,500

3.5.2

Schedule of Payments

Progress billings will be rendered once every month for fees earned and expenses incurred.

Details for fees and expenses will be provided as requested by the College.

*In addition to its fees, BearingPoint must be reimbursed for the actual expenses related to the project, including travel, report preparation, document reproduction, and similar expenses. Actual travel expenses are estimated to be 10% of the fees.

3.6

Entire Agreement.

The terms in this Statement of Work, including Attachment A and any other attachments, constitute the entire agreement between BearingPoint and the College with respect to the development and negotiation of indirect cost rates and supersede all prior or contemporaneous oral and written representations, understandings or agreements relating to the subject matter hereof. This Statement of Work may be changed only by a written agreement signed by an authorized representative of BearingPoint and of the College.

8

Attachment A


I N W ITNESS W HEREOF , the parties hereto have caused this Statement of Work to be executed by their duly authorized representatives as of the SOW Effective Date.

H ARTNELL C OLLEGE B EARING P OINT , I NC .

By:

Name: Barbara Yesnosky

Title: Controller

Date:

By:

Name: Mark C. Davis

Title: Managing Director

Date:

9

Attachment A


ATTACHEMENT A

Terms and Conditions (Attachment A)

1.

Services; Deliverables.

BearingPoint, Inc. (“BearingPoint” or “Consultant”) will perform services (the “Services”) and provide deliverables (“Deliverables”) for Client, described in the attached Engagement Letter or Statement of Work (either, the “SOW”), which with these Engagement Terms and Conditions are referred to as the “Agreement.”

All decisions made by Client relating to the implementation of Consultant’s advice and recommendations are the sole responsibility of the Client. If there is a conflict between the SOW and these Engagement Terms and Conditions, the SOW will control.

2.

Fees and Invoices. a) Billing. Unless otherwise agreed in the SOW, Consultant’s fees will be billed on a time and materials basis, and Consultant’s reasonable expenses in performing the Services will be reimbursed at the invoiced amount paid by Consultant, except that meals and incidental expenses may be reimbursed at the United States government per diem amount. Client acknowledges that BearingPoint or its affiliates may receive commissions, rebates, referral fees or other consideration (“Benefits”) pursuant to relationships with travel service providers, alliance companies, software, hardware and other vendors. Client agrees that

BearingPoint is not obligated to provide a credit to Client for such Benefits. When the SOW is signed, Client will make an “initial payment” of twenty percent (20%) of the estimated total engagement fee. Progress invoices will be issued twice monthly, with any credit balance first applied to the final invoice and any remaining balance refunded. Invoices will be mailed to Client at its address in the SOW. b) Payment. Invoices not paid in fifteen (15) days of the invoice date may be subject to a late charge that is the lesser of one and one half percent (1½%) per month or the maximum amount allowed by law. Consultant will not assess a late fee on an invoiced amount (and the amount’s original due date will not apply) if Client disputes the amount in good faith and does all of the following: (a) pays all undisputed amounts on the invoice when due; (b) notifies Consultant in writing of the disputed amount by the payment due date; (c) co-operates with Consultant to promptly resolve the dispute; and (d) pays the agreed-upon portion of the disputed amount, if any, within 10 days after the dispute is resolved. Without limiting its rights or remedies, Consultant may suspend or terminate its services for Client’s failure to make timely payment. c) Taxes, Tariffs, and Duties. All fees, expenses and other charges for the Services do not include any sales, use, excise, value added, or other applicable taxes, tariffs or duties

(“Taxes”). Client is solely responsible for Taxes (excluding taxes based on Consultant's net income). Client will reimburse Consultant for any Taxes paid by Consultant or, prior to payment, provide Consultant with valid tax exemption certificates. The parties will cooperate in making reasonable accommodations to the extent practicable to reduce taxes that may otherwise be due in connection with the Engagement including, for example, reassigning personnel to avoid the adverse consequences of Section 162 of the Internal

Revenue Code, and if such additional taxes cannot be avoided Client will reimburse

Consultant for those taxes.

3.

Changes in Scope of Engagement.

Either party may propose changes in the scope of the engagement, but neither party will be bound by any proposed change until both parties have accepted that change in writing.

4.

Termination.

10

Attachment A

Terms and Conditions a) Either party may terminate the engagement on thirty (30) days written notice of a material breach, which remains uncured at the end of such thirty (30) day period. b) Client will give thirty (30) days written notice to terminate an engagement for convenience (“Cancellation Notice”). c) Upon termination, Client will pay all fees and expenses that Consultant has incurred or earned through the effective date of termination (partially completed fixed fee engagements will be prorated) as well as reasonable costs directly related to Client’s termination. If

Client terminates the engagement with less than the Cancellation Notice, Client will also pay a termination fee not to exceed the amount of the total daily rates for Consultant’s personnel assigned to the engagement for every day that the actual termination date was less than the Cancellation Notice.

5.

Ownership of Deliverables.

Deliverables created specifically by BearingPoint for Client as specified in the engagement become the property of Client on payment. Deliverables do not include Consultant's proprietary or licensed tools, templates, methods, and know-how, pre-existing or otherwise

(“Consultant’s Information”), however, Consultant grants Client a royalty-free, fully paid-up, worldwide, non-exclusive license to use the Consultant’s Information incorporated in, but only as part of, the Deliverables. Client will not acquire rights to any Consultant’s

Information, processes, or software used by Consultant in performing the Services (except for the license to Consultant’s Information as described above). Consultant may retain a copy of each Deliverable for archival purposes.

6.

Warranty Disclaimer.

Limitation on Warranties. THIS IS A SERVICES ENGAGEMENT. BEARINGPOINT

WARRANTS THAT IT WILL PERFORM SERVICES HEREUNDER IN GOOD FAITH.

BEARINGPOINT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR

IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.

Limitation of Liability.

Limitation on Damages . Client agrees that BearingPoint, its members, directors, officers and employees shall not be liable to Client for any actions, damages, claims, liabilities, costs expenses, or losses in any way arising out of or relating to the services performed hereunder for an aggregate amount in excess of the fees paid by Client to BearingPoint under this engagement. In no event shall BearingPoint, its members, directors, officers or employees be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including, without limitation, lost profits and opportunity costs). In furtherance and not in limitation of the foregoing, BearingPoint will not be liable in respect of any decisions made by Client as a result of the performance by

BearingPoint of its services hereunder. The provisions of this Paragraph shall apply regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort (including, without limitation, negligence), or otherwise.

8.

Cooperation.

Consultant’s performance depends upon Client’s timely and effective cooperation in connection with the Services, including providing Consultant with reasonable facilities, timely access to appropriate data, information, and appropriately skilled Client personnel. Consultant will not be liable for any failure to perform the

11

Attachment A


Services, to the extent that the failure is caused by Client’s lack of cooperation.

Consultant may rely upon the accuracy and completeness of data, material, and other information furnished by Client, without any independent investigation or verification.

Consultant’s personnel at Client's facility will comply with Client's reasonable rules, such as safety, security, and IT; provided that Client has provided Consultant with copies of such rules and policies.

9.

Governing Law; Dispute Resolution.

a) Governing Law. This Agreement will be governed and construed under Delaware law without regard to its conflict of laws provisions. b) Mediation. If either party has a dispute or claim against the other party (a “Claim”) that has not been resolved informally by the parties, that party will provide a written description of the Claim to the other party and both parties will make a good faith effort to resolve the

Claim through non-binding mediation in accordance with the International Institute for

Conflict Prevention and Resolution (“CPR”) Mediation procedure. Each party will bear its own costs in the mediation, and the parties will equally share the mediator’s fees and expenses. The mediation proceedings and negotiations will be confidential, will not exceed three consecutive business days, and will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. Unless otherwise agreed, the parties will select a mediator from the CPR Panels of Distinguished Neutrals. c) Arbitration. Any Claim arising out of or relating to this Agreement that cannot be resolved by the parties or mediation will be settled by final and binding arbitration in accordance with the CPR Rules for Non-Administered Arbitration. Unless otherwise agreed, the arbitration panel will consist of three (3) arbitrators selected by the parties from a list of candidates provided by CPR, and each arbitrator will be an attorney experienced in information technology consulting disputes. The arbitrators will have exclusive authority to resolve any and all disputes relating to procedural and substantive questions of arbitrability, including but not limited to, choice of venue and choice of law issues, and the formation, interpretation, applicability, scope, and enforceability of this agreement to arbitrate. The arbitration proceeding will occur in a mutually agreeable metropolitan area, each party will bear its own arbitration costs, and the parties will equally share the arbitrators’ fees, and the arbitration and all related proceedings and discovery will take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the parties’ proprietary and confidential information. No arbitration award may provide a remedy beyond those permitted under this Agreement, and any award providing a remedy not permitted under this Agreement will not be valid and will be vacated. No Claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class. Neither party may act as a class representative or participate as a member of a class of claimants with respect to any Claim. The arbitration shall be governed by the Federal Arbitration Act, 9

U.S.C. §§1–16, and judgment upon the award rendered by the arbitrator(s) may be entered by any court of competent jurisdiction. d) Interim Relief. Either party may, without waiving any remedy under this Agreement, seek interim or provisional relief from any court of competent jurisdiction to protect its

Confidential Information, non-solicitation, and property rights, regardless of the mediation and arbitration requirements.

10.

Confidentiality.

Any information disclosed by one party (“Disclosing Party”) to the other party (“Recipient”) in connection with this Agreement that is marked confidential or that due to its character and nature, a reasonable person under like circumstances

12

Attachment A

Terms and Conditions would treat as confidential (the “Confidential Information”) will be protected and held in confidence by the Recipient. Confidential Information will be used only for the purposes of this Agreement and related internal administrative purposes. Disclosure of the

Confidential Information will be restricted to the Recipient’s employees, contractors, or alliance companies on a “need to know” basis in connection with the Services or

Benefits, who are bound by confidentiality obligations no less stringent than these prior to any disclosure. Each party may disclose Confidential Information relating to the

Services to providers of goods and services for the Engagement. Confidential

Information does not include information which: (i) is already known to the other party at the time of disclosure; (ii) is or becomes publicly known through no wrongful act or failure of the Recipient; (iii) is independently developed without benefit of the other’s

Confidential Information; or (iv) is received by from a third party which is not under and does not thereby breach an obligation of confidentiality. Each party agrees to protect the other’s Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. A recipient may disclose

Confidential Information to the extent required by law, but that disclosure does not relieve Recipient of its confidentiality obligations with respect to any other party. Except as to the confidentiality of trade secrets, these confidentiality restrictions and obligations will terminate two (2) years after the expiration or termination of the engagement.

11.

Miscellaneous. a) Assignment. Neither party may assign, transfer or delegate any of the rights or obligations hereunder without the written consent of the other party, except that Consultant may (i) assign and/or subcontract all or a portion of this Agreement to an affiliate or subsidiary without consent of Client or (ii) assign its rights and obligations hereunder to any successor in interest to all or substantially all of the assets and business of Consultant, without the consent or approval of Client.

b) E-mail Correspondence. Consultant and Client may correspond, convey information and documentation, and transfer Services and Work Product via Internet e-mail unless Client expressly requests otherwise. Neither party has control over the performance, reliability, availability or security of Internet e-mail; and therefore neither party shall be liable for any loss, damage, expense, harm or inconvenience resulting from the loss, delay, interception, corruption, or alteration of any Internet e-mail due to any reason beyond that party’s reasonable control. c) Entire Agreement. These Engagement Terms and Conditions, the SOW, and any exhibits or other attachments, are the entire agreement between Consultant and Client with respect to this engagement and supersede all prior and contemporaneous representations, proposals, discussions, and communications, whether oral or in writing. This Agreement may be modified only by means of a duly executed written amendment or change order.

Neither the terms of any purchase order, invoice, or other instrument documenting a payment or transaction that is issued by either party in connection this Agreement, nor any other act, document, usage, custom, or course of dealing will modify the terms of this

Agreement. d) Export and Transfer Controls. Unless otherwise agreed in a SOW, Client will be solely responsible for complying with import and export control laws and regulatory requirements with respect to import and export of (i) its technology or technology licensed to Client by third parties and (ii) any Services provided or Work Product prepared by Consultant in a different jurisdiction for the benefit of the Client. e) Excusable Delay. Neither Client nor Consultant will be liable for any delays resulting from circumstances beyond its reasonable control.

13

Attachment A

Terms and Conditions f) Independent Contractor. Consultant is performing the Services as an independent contractor and nothing in this Agreement will be deemed to constitute a partnership, joint venture, agency or fiduciary relationship between Client and Consultant. Neither Consultant nor Client will be or become liable or bound by any representation, act or omission of the other. g) Insurance. Throughout the term of this Agreement, Consultant will at its own expense, obtain and maintain the following insurance: (i) Commercial General Liability, with coverage of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury and property damage (ii) Motor Vehicle Liability insurance for owned, non-owned and hired vehicles, with limits of not less than $1,000,000 combined single limit for bodily injury and property damage; (iii) Workers’ Compensation insurance in the amount required by statute for all states in which the project or work is to be performed, (iv) Professional

Liability Insurance with limits of not less than $1,000,000 per claim. Consultant will endeavor to notify Client in writing of any material change to its coverage as described herein. Client can confirm coverage and obtain a Memorandum of Insurance at the following URL: http://www.marsh.com/moi?client=2702. h) Non-Solicitation Of Employees. Each party will not, during the term of this Agreement and for one (1) year after its termination, solicit for hire as an employee, consultant or otherwise any of the other party's personnel who have had direct involvement with the

Services, without such other party's express written consent, provided, however, that neither party will be precluded from hiring any employee of the other party who responds to any public notice or advertisement of an employment opportunity. i) Notices. All notices, requests, demands and other communications hereunder will be in writing and will be deemed to have been duly given upon personal delivery, five (5) days after being mailed by registered or certified mail, return receipt requested, or one (1) business day after being sent by nationally recognized overnight courier. Notices will be addressed to the addresses set out in the SOW. j) No Waiver of Breach. No waiver of any breach of this Agreement will be a waiver of any other breach, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party. k) Personal Data. “Personal Data” means any information relating to an identified or identifiable individual. “Client’s Personal Data” means Personal Data pertaining to Client’s personnel, directors and officers, agents, subcontractors, independent contractors, clients and any other third parties. “Process” or “Processing” means any operation or set of operations performed upon Personal Data, whether or not by automatic means, including collection, recording, organization, use, transfer, disclosure, storage, manipulation, combination and deletion of Personal Data. Client represents and warrants that (i) it has collected, Processed, and provided Client’s Personal Data to Consultant in accordance with applicable laws, (ii) Client will not instruct Consultant to Process Client’s Personal Data in any way that will violate any applicable laws, and (iii) Client will indemnify Consultant for breaches of the foregoing warranty. Consultant or its affiliates may receive and Process

Client’s Personal Data in performing the Services and/or for further communications with

Client, such as inviting Client to events and sending Consultant materials. Client, its affiliates and/or subcontractors will remain the controller(s) of the Client’s Personal Data. l) Press Releases and Client List Reference. Neither party will issue any press release concerning Consultant’s work without the other’s consent. However, in Consultant’s promotional materials, presentations, and proposals to current and prospective clients,

Consultant may identify Client as a client of Consultant and generally describe the objectives of the engagement, how Consultant supported the Client’s objectives, and what benefits Client realized.

14

Attachment A

Terms and Conditions m) Severability. In the event that any term or provision of this Agreement is unenforceable, then the remainder of this Agreement will not be affected, impaired or invalidated, and the other terms and provisions of this Agreement will be valid and enforceable to the fullest extent permitted by law. n) Survival. Provisions regarding payment, termination, ownership, warranties, limitations of liability, governing law, arbitration, confidentiality, Personal Data, non-solicitation of employees, severability, and waivers will survive the expiration or termination of this engagement.

15

Attachment B

Resumes

ATTACHMENT B

Resumes (Attachment B)

MARK C. DAVIS

Mr. Davis is the Managing Director responsible for Bearing Point’s National Higher Education and Academic Medical Center Costing & Regulatory Compliance practice. In this role, he is responsible for market development and service delivery.

The primary services delivered to his clients are indirect cost reimbursement services; grants management compliance, operations improvement, staff augmentation and outsourcing; grants package system integration and implementation; and the implementation of web enabled systems to improve productivity. His professional experience includes a diverse background in costing and financial analysis, grants administration, regulatory compliance, business process redesign initiatives, organizational development, operations improvement, benchmarking and best practice analysis, performance measurement, financial / program management and the review, design & implementation of management information systems. Mr. Davis has 22 years of experience as a business advisor consultant with BearingPoint.

Relevant Experience

Mr. Davis accomplishments include:

•

Prepared, reviewed, and negotiated Facilities and Administrative (F&A) cost proposals in accordance with the cost principles set forth in OMB Circulars A-21, A-

122 and OASC-3 for colleges and universities, hospitals, and nonprofit organizations.

•

Prepared direct and indirect cost audit resolution documents and represented major research universities and research institutions in direct and indirect cost audit resolutions and negotiations with the federal government.

•

Performed and applied space inventory and functional usage cost analysis studies to be used in allocating facilities related to indirect costs; assessing research density; and to determine space use charge calculations. In this connection Mr. Davis developed and has implemented BearingPoint’s E-Space, web enabled survey tool at

18 institutions.

•

Reviewed, analyzed, and implemented cost analysis studies including library, energy utilization, equipment inventory, building componentization, and depreciation conversion to be used by institutions in allocating space-related indirect costs to sponsored programs.

•

Performed assessments to evaluate and improve organizational structure, staffing, business processes and technology and reporting within the research enterprise of colleges and universities, research institutions and hospitals to improve operational efficiency and productivity.

•

Implemented the change management requirements at major research universities.

•

Managed staff augmentation and outsourcing demands for major research universities for grants administration requirements.

16

Attachment B

Resumes

•

Performed reviews and assessments of administrative operations and processes, identify operational changes and management information systems to achieve service improvement and / or cost reduction.

•

Mr. Davis is responsible for directing BearingPoint’s alliance relationships with various solution vendors in the costing and grants administration space.

•

Performed technology transfer assessments for the purpose of commercializing inventions to market.

Provided professional services to clients including:

The Johns Hopkins College, College of Pennsylvania, Rutgers College,

Princeton College, College of Medicine and Dentistry of New Jersey, Columbia College, New

York College Medical Center, Mount Sinai School of Medicine, Memorial Sloan Kettering

Cancer Center, Rockefeller College, Cornell College, Yale College, College of Connecticut

Health Center, Tufts College, College of Virginia, Emory College, College of Alabama,

College of Texas Medical Branch at Galveston, MD Anderson Cancer Center, Mayo Clinic,

Moffitt Cancer Center, The Salvation Army and several state governments, among others.

Professional Background

Before joining BearingPoint, Mr. Davis was employed by the Comptroller’s Office at the

College of Pennsylvania.

Mr. Davis received a Bachelor of Arts degree in business administration and accounting from

Rutgers College and attended the Wharton School of the College of Pennsylvania.

Mr. Davis is a Certified Government Financial Manager. Mr. Davis is a member of the

National Association of College and College Business Officers, the National Council of College

Research Administrators. Mr. Davis has served the higher education community and lectured on various technical and current topics to audiences.

17

Attachment B

Resumes

Dr. LOUIS GUIN

Dr. Guin is a Manager in BearingPoint’s State, Local, and Education Consulting practice. Dr.

Guin is based in Los Angeles, CA and manages engagements with universities in the Far

West region. He will serve as the Engagement Manager on this project and will be responsible for leading the project and managing it to its completion. He has over 26 years of experience at the College of Southern California and was most recently Associate Vice

President for Financial Analysis at USC. During his tenure, Dr. Guin was extensively involved in grants and contract management, F&A proposal preparation and rate negotiation, as well as federal audit preparation and compliance issues. Dr. Guin has also independently consulted with five California State College campuses, the College of Hawaii and the College of South Alabama regarding F&A rate determination and research administration.

Dr. Guin wrote or co-wrote several technical papers on research administration, including implementation of A-133 at USC (published in NACUBO Business Officer); the effects and risks of several OMB A-21 changes (with Bob Forrester, of C&L); the formulation of the

Direct Charge Equivalents (DCE), for DA cost pool determination, and advantages and disadvantages of calculating/negotiating multiple F&A cost rates. In addition, Dr. Guin has been a speaker and presentation developer on a variety of costing issues. Recent presentations include the SRA-West Annual conference, NCURA National meeting, WECA, and NECA, the Center for Grant and Contract Studies of the College of Oklahoma, and

UCSD. He is also a current faculty for the NACUBO’s F&A Workshop.

Representative Accomplishments:

Developed and participated in the successful F&A rate negotiation for St. Jude

Children’s Cancer Research Hospital based on actual costs for fiscal year 2003.

Developed the F&A cost rate proposal for the College of Hawaii System based on actual costs for fiscal year 2003.

Developed and participated in the successful F&A rate negotiations for several

CSU campuses, including the current F&A rate for San Jose State College, the

CSU Chancellor’s Office, Fresno State, CSU Monterey Bay, CSU Bakersfield, Cal

State LA, CSU Dominguez Hills, and CSU Fullerton.

Coordinated Federal, State and private organization and research related audits, including pre-award and post-award, DOD contract audits for funding purposes or close-outs, Office of Naval Research equipment audits, procurement/total business systems reviews.

Prepared F&A and fringe benefits cost proposals, vacation accrual charges, special recharge rate proposals, and negotiation of billing rates with federal cognizant agency.

Provided expert advice to USC Executive Director of Grants and Contracts in proposal preparation and routing issues, contract negotiation and review of funding proposals related to direct and F&A cost, compliance issues. Assist the

College Compliance Officer on research-related compliance with Federal/State regulations, and College policies.

Provided expert advice to USC Director of Sponsored Projects Accounting on allowability and allocability of direct charges to grants and contracts, cost transfers, cost sharing and effort reporting, and F6b issues. Assist in writing/periodic updating of College Expenditure and Purchasing Manuals.

Provided expert advice to USC Office of Equipment Inventory and College Space

Coordinator on development/ implementation of policy, procedures, definitions of

18

Attachment B

Resumes equipment categories, determination of asset useful lives, and improvement in the quality of database systems.

Wrote or co-wrote several technical papers on research administration, including implementation of A-133 at USC (published in NACUBO Business Officer); the effects and risks of several OMB A-21 changes (with Bob Forrester, of C&L); the formulation of the Direct Charge Equivalents (DCE), for DA cost pool determination, and advantages and disadvantages of calculating/negotiating multiple F&A cost rates. Recently contributed a section on F&A cost issues for principal investigators, including a case study, incorporated in a COGR publication. Helped rewrite current COGR brochure on indirect costs.

Received a Certificate of Excellency from the Department of Health and Human

Services.

19


Title:

Approve and/or Ratify Personnel Actions

Area:

Human Resources & Equal Employment

Opportunity

Recommended Action:

Number:

D.6

Status:

Consent Action

Approve and/or ratify personnel actions as listed below.

Summary:

Approval of:

1 request for Short-Term employment (presented for approval in compliance with

Education Code §88003.)

Ratification of:

1 hire of a Confidential employee

7 Part-Time Faculty hires for Fall Semester 2007

1 Substitute hire for CSEA position

1 Substitute hire for L39 position

7 Professional Expert hires

4 Student Worker hires for Fall Semester 2007

2 Volunteers

33 payments to Faculty for Special Projects which have been completed or are being paid on a monthly timesheet basis

Detail:

I.

Request to hire Short-Term employees

1.

Approve Short-term Staffing Requests: a.

HEP Program Aide (4 positions), $11.25/hr, 5 hours/day, 4 days/week, High

School Equivalency Program, to provide assistance to GED Instructors and

HEP students through in-class tutoring, program liaison, outreach, recruitment, intake, and follow-up, December 10, 2007 – March 31, 2008.

This will allow grant services to be provided while an appropriate classification is determined and positions allocated.

II.

Appointments

1.

Ratify appointment of regular confidential classified personnel: a.

Dora Sanchez, full-time, 40 hours per week, 12 months per year, Payroll

Specialist (#CF-4) , Business Services, Step B, effective November 12, 2007.

This action refills an existing vacant position and reflects a promotion from


Accounting Technician (#CC-16) , Business Services.

2.

Ratify appointment of part-time instructors for Fall Semester 2007: a.

Michelle Galindo, Theater Arts, Western Stage/Fine Arts/Language

Arts/Social Sciences b.

John Goodrich, Dance; Fine Arts/Language Arts/Social Sciences c.

Aida Kantarjian, Biology; Math & Science d.

Barbara Kostroff, Health Services/MLT; Math & Science e.

Yvonne Ricketts, Early Childhood Development, Occupational Education f.

Lorena Silva, Ethnic Studies; Fine Arts/Language Arts/Social Sciences.

Appointment based on equivalency as follows: BA in Sociology and possession of multiple subject teaching credential with Bilingual/Cross

Cultural emphasis: Spanish. g.

Ben Turner, Co-operative Work Experience h.

Prince Williams, Physical Education

3.

Ratify appointment of substitute classified employees: a.

Thuong Duong, Electronics/Video Technician, $21.62/hr, Educational

Technologies and Library Services, December 11, 2007 – February 29, 2008. b.

Tommy Thomas, Custodian, $11.37/hr, Maintenance, October 22, 2007 –

June 30, 2008.

4.

Ratify appointment of Professional Experts: a.

Nelson Bonner, to teach Macintosh computer courses, 40% of gross dependent upon enrollment, Workforce and Community Development,

August 15, 2007 – August 15, 2008. b.

Christine Dow, to provide medical coding coordination of clinical practicum sites, accreditation, instructor communication and applicant interviews,

$25.00/hr, Workforce and Community Development, October 31, 2007 –

August 15, 2008. c.

Monica Grova, to provide coordination between the Hartnell MESA Program, the Hartnell NASA-CIPA II grant, the Hartnell NSF STEP grant, and the UC

Santa Cruz Center for Adaptive Optics NSF funded Institute for Science and

Engineering Educator, and to provide supplemental instruction in Chemistry,

$22.00/hr, Mathematics Engineering Science Achievement (MESA), October

17, 2007 – June 6, 2008. d.

Lynn Huff, to act as accompanist to the Hartnell Chorus, $20.00/hr, Fine

Arts/Language Arts/Social Sciences, September 17 – December 21, 2007. e.

Maryanne Rehberg, to provide specialized training for the Department of

Social & Employment Services Contract Program, $200.00/hr, Office for

Instruction, September 1, 2007 – June 10, 2009.

AGENDA ITEM FOR BOARD MEETING OF: December 4, 2007 f.

Barbara Vella, to act as accompanist to the Hartnell Chorus, $20.00/hr, Fine

Arts/Language Arts/Social Sciences, August 22 – December 21, 2007. g.

Claudia Young, to provide instruction for the Medical Billing and Coding

Program, $70.00/hr, Workforce and Community Development, October 8 –

December 19, 2007.

5.

Ratify appointment of student workers for Fall Semester 2007: a.

Katia Gonzalez, Academic Learning Center, Student Worker I b.

Jose Quezada, MESA, Student Worker III c.

Evan Reeves-Fortney, Math & Science, Student Worker III d.

Maria Elena Zavala, AmeriCorp, Student Worker I

6.

Ratify volunteers: a.

Joe Marinello, Physical Education b.

Gino Sigala, Physical Education

III.

Special Projects and Stipends

1. Ratify Special Project Agreement Payments: a.

James Beck, $200, for attending the Curriculum Committee Extra Meeting on October 11, 2007. b.

James Beck, $200, for attending the Curriculum Committee Extra Meeting on October 25, 2007. c.

James Beck, $200, for attending the Curriculum Committee Extra Meeting on November 8, 2007. d.

Maria Castillo, $200, for attending the Curriculum Committee Extra

Meeting on October 11, 2007. e.

Maria Castillo, $200, for attending the Curriculum Committee Extra

Meeting on October 25, 2007. f.

Carl Christensen, $200, for attending the Curriculum Committee Extra

Meeting on October 11, 2007. g.


Meeting on October 25, 2007 h.


Meeting on November 8, 2007. i.

LaVerne Cook, $200, for attending the Curriculum Committee Extra

Meeting on October 25, 2007 j.

LaVerne Cook, $200, for attending the Curriculum Committee Extra

Meeting on October 11, 2007. k.

Jesse Cude, $150, for completing course outline revision for Physics 45,


October 4, 2007. l.

Jesse Cude, $200, for completing course outline revision for Physics 2A,

October 4, 2007. m.

Jesse Cude, $200, for completing course outline revision for Physics 2B,

October 4, 2007. n.

Jesse Cude, $200, for completing course outline revision for Physics 4A,

October 4, 2007. o.

Jesse Cude, $200, for completing course outline revision for Physics 4B,

October 4, 2007. p.

Jesse Cude, $200, for completing course outline revision for Physics 4C,

October 4, 2007. q.

Jeanne Hori-Garcia, $200, for attending the Curriculum Committee Extra

Meeting on October 11, 2007. r.

Jeanne Hori-Garcia, $200, for attending the Curriculum Committee Extra

Meeting on October 25, 2007 s.

Jeffery Hughey, $200, for attending the Curriculum Committee Extra

Meeting on October 11, 2007. t.

Jeffery Hughey, $200, for attending the Curriculum Committee Extra

Meeting on October 25, 2007 u.

Mark Ironside, $95.72, for attending the mandatory COA inservice training for the 2007-2008 athletic varsity season on August 15, 2007. v.

Robert Maffei, $200, for attending the Curriculum Committee Extra

Meeting on October 11, 2007. w.

Kathleen Mendelsohn, $200, for attending the Curriculum Committee Extra

Meeting on October 11, 2007. x.

Kathleen Mendelsohn, $200, for attending the Curriculum Committee Extra

Meeting on October 25, 2007 y.

Cheryl O’Donnell, $200, for attending the Curriculum Committee Extra

Meeting on October 11, 2007. z.

Cheryl O’Donnell, $200, for attending the Curriculum Committee Extra

Meeting on October 25, 2007. aa.

Gregory Perkins, $200, for attending the Curriculum Committee Extra

Meeting on August 30, 2007. bb.


Meeting on September 13, 2007. cc.


Meeting on September 27, 2007. dd.

23. Gregory Perkins, $200, for attending the Curriculum Committee Extra

Meeting on October 11, 2007

AGENDA ITEM FOR BOARD MEETING OF: December 4, 2007 ee.


Meeting on October 25, 2007 ff.

Janet Pessagno, $1,500, to read STAAR* essays for English Assessment,

August 1, 2007 – October 15, 2007. gg.

Bill Rawson, $200, for attending the Curriculum Committee Extra Meeting on September 13, 2007. hh.

Bill Rawson, $200, for attending the Curriculum Committee Extra Meeting on September 27, 2007. ii.

Bill Rawson, $200, for attending the Curriculum Committee Extra Meeting on October 11, 2007. jj.

Jeff Roth, $200, to work with assessment consultant Ron Gordon to prepare for the August 2007 faculty presentation, June 18, 2007. kk.

Philip Stoddard, to work with assessment consultant Ron Gordon to prepare for the August 2007 faculty presentation, June 18, 2007. ll.

Don Taylor, to work with assessment consultant Ron Gordon to prepare for the August 2007 faculty presentation, June 18, 2007. mm.

Don Taylor, $1,864.20, for reading STAAR* essays for English Assessment from May 21 – August 17, 2007.


Funds for the above personnel actions are included in the 2007/08 Budget.

ADMINISTRATIVE SERVICES

December 4, 2007


Title:

Approve Budget Revisions

Area:


Supplement AS-3

Number:

E.1

Status:

Action (Roll Call Vote)

Recommended Action:

That the Board of Trustees approves Budget Revisions numbered 7245 to 7274.

Summary:

The Adopted Budget each year represents the staff’s best estimate of revenue and expenditures.

As the year progresses and actual amounts are known, budget changes must be made.

Revisions to the Adopted Budget are subject to approval by the Board of Trustees.

Budget Revisions consist of transfers between major object expenditures or from the appropriations for contingencies, as well as budgetary increases for the use of funds not included in the original budget.

All budget entry (BE) numbers are assigned automatically assuring a complete sequence accounting. Numeric breaks on the attached report are due to the exclusion of budget transfers, which do not require Board approval. The accompanying Budget Journal Entry Detail Report was produced directly from our software.


The unrestricted General Fund budget remains unchanged. The restricted General Fund budget increased $808,321.37 due to increased allocations to programs and/or to new programs.


Title:

Adopt Gann Limit Resolution No. 07:16

Establishing Appropriations Limit for 2007-08

Number:

E.2

Area:


Supplement AS-1

Status:

Action (Roll Call Vote)

Recommended Action:

That the Board of Trustees adopt the Resolution No. 07:16 establishing the required appropriations limit.

Summary:

On November 6, 1979, the voters of California adopted a Constitutional Amendment that requires appropriations limits be established each year. The Gann Limit is a limitation imposed by the State on the amount of revenue that the District may receive and expend. The amount changes from year to year based upon a consumer price index and an enrollment change factor.

The prior year’s limit is adjusted by the two factors to arrive at the current year’s limitation.

The appropriations that are subject to this limit are generally tax revenues such as the State apportionment, local property taxes and the interest earned on those monies. The aggregate of these funds from taxes and interest thereon must not exceed the new limit that was calculated by applying the consumer price index and enrollment factor.

The limit calculated for the 2007-08 fiscal year is $51,246,501. The appropriations for Hartnell

Community College District which are subject to the limit are $30, 966,852.


None

Supplement AS-1


RESOLUTION No. 07:16

WHEREAS, on November 6, 1979 the people of California passed Proposition 4, a

Constitutional Amendment requiring appropriations limits for State and local government units; and

WHEREAS, Senate Bill 1352, Chapter 1205 of 1980, implements Proposition 4, and requires the

Board of Trustees to establish by resolution an appropriations limit each fiscal year beginning with 1981-82; and

WHEREAS the Board of Trustees has directed that the appropriations for the fiscal year 2007-

2008 be developed in accordance with the provisions of Senate Bill 1352; and

NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby establishes a fiscal

2007-2008 year appropriations limit of $51,246,501.

PASSED AND ADOPTED by the Board of Trustees of the Hartnell Community College District on this 4th day of December, 2006.

AYES:

NOES:

ABSENT:

_________________________________________

Phoebe K. Helm

Interim Superintendent/President

HUMAN RESOURCES &

EQUAL EMPLOYMENT OPPORTUNITY

December 4, 2007

AGENDA ITEM FOR BOARD MEETING OF:

Title:

Receive Initial Collective Bargaining

Proposals Between Hartnell Community

College District, California School

Employees Association - Chapter 470 and

Hartnell College Faculty Association

December 4, 2007

Number:

F.1

Area:

Human Resources and Equal Employment

Opportunity

Status:

Receive Proposals

Recommended Action:

That the Board of Trustees receives the following initial collective bargaining proposals:

•

Hartnell Community College District to California School Employees Association - Chapter

470

•

Hartnell Community College District to Hartnell College Faculty Association

•

California School Employees Association - Chapter 470 to Hartnell Community College

District

•

Hartnell College Faculty Association to Hartnell Community College District

Summary:

Under the California Educational Employment Relations Act, the District is required to enter into collective bargaining over issues of employees’ wages, hours of employment and other terms and conditions of employment. Three groups serve as the exclusive representatives for Hartnell employees for the purpose of collective bargaining:

•

California School Employees Association - Chapter 470 (CSEA), representing the majority of the classified employees

•

International Union of Operating Engineers Stationary Local No. 39 (L-39), representing the blue collar classified employees

•

Hartnell College Faculty Association (HCFA), representing faculty (full time and part time)

The collective bargaining agreement (CBA) with each of these groups will expire on June 30, 2008. As negotiations are a lengthy process, it is time to begin negotiating successor agreements. In keeping with the public’s right to know and to provide input on matters before the Board, initial bargaining proposals are presented and Public Hearings are held before formal negotiations can begin. This process is described in Government Code §3547.

The pre-negotiations process is as follows:

1.

Each side must present (“sunshine”) its initial proposal at a public Board Meeting. The purpose of the ‘sunshine’ is to allow the public access to the issues each side intends to discuss during the negotiations process.

2.

At a subsequent public Board Meeting (after “a reasonable time has elapsed… to enable the public to become informed”), public hearings are held on each of the proposals to allow the public “the opportunity to express itself regarding the proposal”.

3.

After considering any public comment, the Board must then adopt its initial proposal.

The proposals before the Board in this item are between Hartnell Community College District and

California School Employees Association - Chapter 470 (CSEA) and between Hartnell Community

College District and the Hartnell College Faculty Association (HCFA). The Public Hearings for these proposals, as well as the Board adoption of its proposal, will be scheduled for the January 8, 2008 Board

Meeting.


There is no financial impact associated with receiving these proposals.

INFORMATION ITEMS

December 4, 2007


Title:

Receive and Accept Financial Statements for Period Ending October 31, 2007

Area:


Supplement AS-4

Number:

G.1

Status:

Information

Recommended Action:

That the Board of Trustees receive and accept the Financial Statements for the period ending

October, 31, 2007.

Summary:

Financial Statements of District funds for the period ending October 31, 2007 are attached for information.


None

III.H.

COLLEGE SENATES

December 4, 2007

OFFICE OF SUPERINTENDENT/PRESIDENT

December 4, 2007

BOARD OF TRUSTEES

December 4, 2007


Title:

Approve Travel Request for Board

Member

Number:

J.2

Area:

Board of Trustees

Status:

Action

Recommended Action:

Approve travel request for Trustee Martinez to attend 2008 ACCT/AACC National Legislative

Summit.

Summary:

Trustee Martinez is requesting to attend the 2008 ACCT/AACC National Legislative Summit held in Washington, D.C. on February 10 – February 13, 2007.

Estimated Travel Expenses are:

Early Bird Summit Registration ($200 price increase after 12/7/07: $677.00

This includes Monday luncheon, Tuesday Dinner and Wednesday closing breakfast

$790.00 Lodging ($263.35 x 3 nights – 2/10, 2/11, 2/12)

Air Flight (estimated) $750.00

$150.00

$150.00

$2,517.00


Estimated costs for travel will be $2,517.

FUTURE AGENDA ITEMS

December 4, 2007

III. K

NEXT MEETING

III. L

ADJOURNMENT

December 4, 2007

III. M

HARTNELL COMMUNITY COLLEGE BOARD OF TRUSTEES Aaron P. Johnson, President

CONSTRUCTION UPDATE

AS OF 11/14/2007

CONSENT ACTION

December 4, 2007

III. D.

AGREEMENT

Hartnell College

Indirect Cost Rate Proposal

Fiscal Year 2006/07

Table of Contents

ADMINISTRATIVE SERVICES

December 4, 2007

HARTNELL COMMUNITY COLLEGE DISTRICT

RESOLUTION No. 07:16

HUMAN RESOURCES &

EQUAL EMPLOYMENT OPPORTUNITY

December 4, 2007

INFORMATION ITEMS

December 4, 2007

III.H.

COLLEGE SENATES

December 4, 2007

OFFICE OF SUPERINTENDENT/PRESIDENT

December 4, 2007

BOARD OF TRUSTEES

December 4, 2007

FUTURE AGENDA ITEMS

December 4, 2007

III. K

NEXT MEETING

III. L

ADJOURNMENT

December 4, 2007

III. M

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HARTNELL COMMUNITY COLLEGE BOARD OF TRUSTEES Aaron P. Johnson, President

CONSTRUCTION UPDATE

AS OF 11/14/2007

CONSENT ACTION

December 4, 2007

III. D.

AGREEMENT

Hartnell College

Indirect Cost Rate Proposal

Fiscal Year 2006/07

Table of Contents

ADMINISTRATIVE SERVICES

December 4, 2007

HARTNELL COMMUNITY COLLEGE DISTRICT

RESOLUTION No. 07:16

HUMAN RESOURCES &

EQUAL EMPLOYMENT OPPORTUNITY

December 4, 2007

INFORMATION ITEMS

December 4, 2007

III.H.

COLLEGE SENATES

December 4, 2007

OFFICE OF SUPERINTENDENT/PRESIDENT

December 4, 2007

BOARD OF TRUSTEES

December 4, 2007

FUTURE AGENDA ITEMS

December 4, 2007

III. K

NEXT MEETING

III. L

ADJOURNMENT

December 4, 2007

III. M

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